The purpose of this article is to establish the use, provisions and dimensional requirements for each zone.

(Code 1968, app. A, § 50; Code 1996, § 156.065; Code 1997, § 126-101; Ord. No. 76-10-1339, 10-26-1976)

The purpose of this zone is to provide for residential development of an open nature.

(1)

Principal permitted uses.

a.

Single-family dwellings;

b.

Two-family dwellings;

c.

Park, playground or community center owned and operated by a governmental agency;

d.

Special event short-term rentals.

(2)

Single-family dwellings.

a.

Minimum ground floor area. No building shall be erected for residential purposes having a ground floor area of less than one thousand, two hundred (1,200) square feet, exclusive of porches, breezeways, terraces, garages and exterior and secondary stairways.

b.

Minimum yard requirements.

1.

Front yard: Forty (40) feet.

2.

Side yard: Eight (8) feet.

3.

Rear yard: Twenty-five (25) feet.

4.

Lots abutting two (2) streets shall comply with the front yard setback provisions along the street upon which the building on the corner lot fronts. A fifteen (15)-foot reduction in the front yard provisions is allowed on the side yard facing the secondary street, provided such reduction does not result in a side yard of less than twenty-five (25) feet.

c.

Minimum area requirements.

1.

Minimum lot area: Twelve thousand (12,000) square feet.

2.

Minimum lot width: Seventy-five (75) feet.

d.

Maximum building height: Thirty-five (35) feet.

e.

Parking shall be per section 126-71. Additionally, there shall be no more than four (4) vehicles parked in any front yard. And:

1.

All parking shall be minimally semi-improved to a dense grade aggregate surface.

2.

All trailers, campers, motor homes and boats shall not be allowed in any front yard. Such trailers and vehicles which do not exceed dimensions of eight (8) feet by twenty-four (24) feet may be stored in the rear or side yard of any lot. Such trailers and vehicles which do exceed dimensions of eight (8) feet by twenty-four (24) feet may be stored in the rear or side yard of any lot; provided side yard requirements are maintained and the trailer or vehicles are not used as a dwelling.

3.

Commercial vehicles, equipment and trucks with axle weights greater than one (1) ton, and/or heights greater than eight (8) feet, and/or lengths greater than thirty (30) feet shall not be parked in the R-1 Zone. Commercial passenger cars and light duty trucks otherwise complying from the requirements of this section are exempt from this requirement.

(3)

Two-family dwellings.

a.

Minimum yard requirements.

1.

Front yard: Forty (40) feet.

2.

Side yard: Eight (8) feet.

3.

Rear yard: Twenty-five (25) feet.

b.

Minimum area requirements.

1.

Minimum lot area: Seven thousand (7,000) square feet per unit.

2.

Minimum lot width: Seventy-five (75) feet (per structure).

c.

Maximum building height: Thirty-five (35) feet.

d.

Parking shall be per subsection (2)e of this section.

(4)

Conditionally permitted uses.

a.

Multi-family dwellings;

b.

Daycare nurseries;

c.

Home occupations;

d.

Places of worship.

(5)

Multi-family dwellings.

a.

Minimum yard requirements.

1.

Front yard: Forty (40) feet.

2.

Side yard: Eight (8) feet.

3.

Rear yard: Twenty-five (25) feet.

b.

Minimum area requirements.

1.

Minimum lot area: Five thousand (5,000) square feet per unit; four (4) or more units, four thousand (4,000) square feet per unit.

2.

Minimum lot width: Seventy-five (75) feet.

c.

Maximum building height. None.

(6)

Daycare nurseries.

a.

Minimum lot area: One hundred (100) square feet per child.

b.

Minimum yard requirements: The requirements of the zone apply to the project where located.

c.

A four (4) foot wire mesh fence, or other appropriate fence as may be required by the Board of Adjustment, shall enclose the entire play area.

(Code 1968, app. A, § 51; Code 1996, § 156.066; Code 1997, § 126-102; Ord. No. 76-10-1339, 10-26-1976; Ord. No. 77-10-1485, 10-25-1977; Ord. No. 97-8-5712, § 1, 8-26-1997; Ord. No. 2001-2-6316, 2-13-2001; Ord. No. 2002-10-6587, § 1, 10-22-2002; Ord. No. 2003-6-6652, § 1, 6-10-2003; Ord. No. 2010-5-7675, § 1, 5-11-2010; Ord. No. 2021-08-8697, § 1, 8-10-2021)

(1)

Principal permitted uses.

a.

Single-family dwellings.

b.

Two-family dwellings.

c.

Park, playground or community center owned and operated by a governmental agency.

d.

Special event short-term rentals.

(2)

Conditionally permitted uses.

a.

Daycare nurseries;

b.

Home occupations;

c.

Multi-family dwellings;

d.

Bed and breakfast;

e.

Places of worship.

f.

Short-term rentals.

(3)

Single-family dwellings.

a.

Minimum ground floor area. No building shall be erected for residential purposes having a ground floor area of less than one thousand (1,000) square feet, exclusive of porches, breezeways, terraces, garages and exterior and secondary stairways.

b.

Minimum yard requirements.

1.

Front yard: Twenty-five (25) feet.

2.

Side yard: Six (6) feet.

3.

Rear yard: Twenty-five (25) feet.

c.

Minimum area requirements.

1.

Minimum lot area: Ten thousand (10,000) square feet.

2.

Minimum lot width: Sixty (60) feet.

d.

Maximum building height: Thirty-five (35) feet.

e.

Parking shall be per section 126-102(2)e.

(4)

Two-family dwellings.

a.

Minimum yard requirements.

1.

Front yard: Twenty-five (25) feet.

2.

Side yard: Six (6) feet.

3.

Rear yard: Twenty-five (25) feet.

b.

Minimum area requirements.

1.

Minimum lot area: Six thousand (6,000) square feet per unit.

2.

Minimum lot width: Sixty (60) feet (per structure).

c.

Maximum building height: Thirty-six (36) feet.

d.

Parking shall be per section 126-102(2)e.

(5)

Multi-family dwellings.

a.

Minimum yard requirements.

1.

Front yard: Twenty-five (25) feet.

2.

Side yard: Six (6) feet.

3.

Rear yard: Twenty-five (25) feet.

b.

Minimum area requirements.

1.

Minimum lot area: Four thousand (4,000) square feet per unit.

2.

Minimum lot width: Seventy-five (75) feet.

c.

Maximum building height. None.

(Code 1968, app. A, § 52; Code 1996, § 156.067; Code 1997, § 126-103; Ord. No. 76-10-1339, 10-26-1976; Ord. No. 77-10-1486, 10-26-1977; Ord. No. 90-9-4496, 9-11-1990; Ord. No. 97-8-5712, § 1, 8-26-1997; Ord. No. 2002-10-6587, § 1, 10-22-2002; Ord. No. 2003-6-6652, § 2, 6-10-2003; Ord. No. 2005-11-7036, § 2, 11-8-2005; Ord. No. 2010-5-7675, § 1, 5-11-2010; Ord. No. 2021-08-8697, § 1, 8-10-2021)

(1)

Principal permitted uses.

a.

Single-family dwellings.

b.

Two-family dwellings.

c.

Park, playground or community center owned and operated by a governmental agency.

d.

Special event short-term rentals.

(2)

Conditionally permitted uses.

a.

Home occupations;

b.

Daycare nurseries;

c.

Mobile home parks;

d.

Multi-family dwellings;

e.

Assisted care dwellings;

f.

Bed and breakfast;

g.

Places of worship;

h.

Short-term rentals.

(3)

Single-family dwellings.

a.

Minimum ground floor area: No building shall be erected for residential purposes having a ground floor area of less than eight hundred (800) square feet, exclusive of porches, breezeways, terraces, garages and exterior and secondary stairways.

b.

Minimum yard requirements.

1.

Front yard: Twenty-five (25) feet.

2.

Side yard: Six (6) feet.

3.

Rear yard: Twenty-five (25) feet.

c.

Minimum area requirements.

1.

Minimum lot area: Eight thousand (8,000) square feet.

2.

Minimum lot width: Fifty (50) feet.

d.

Maximum building height: Thirty-five (35) feet.

e.

Parking shall be per section 126-102(2)e.

(4)

Two-family dwellings.

a.

Minimum yard requirements.

1.

Front yard: Twenty-five (25) feet.

2.

Side yard: Six (6) feet.

3.

Rear yard: Twenty-five (25) feet.

b.

Minimum area requirements.

1.

Minimum lot area: Four thousand (4,000) square feet per unit.

2.

Minimum lot width: Fifty (50) feet (per structure).

c.

Maximum building height: Thirty-five (35) feet.

d.

Parking shall be per section 126-102(2)e.

(5)

Multi-family dwellings.

a.

Minimum yard requirements.

1.

Front yard: Twenty-five (25) feet.

2.

Side yard: Six (6) feet.

3.

Rear yard: Twenty-five (25) feet.

b.

Minimum area requirements.

1.

Minimum lot area: Three thousand (3,000) square feet per unit.

2.

Minimum lot width: Sixty (60) feet.

c.

Maximum building height. None.

(6)

Public parking areas.

a.

A public parking area is permitted where the area abuts a business or industrial zone, provided the Commission finds the public parking area not to be detrimental to the adjoining residential area.

b.

The public parking area shall be developed as required by section 126-71.

c.

Provisions for a public parking area shall adhere to the setback requirements as listed in the zone in which it is to be located, however, no setback is required along a rear property line where the residential zone and the business or industrial zone join.

d.

Screening requirements for a public parking area shall be the same as section 126-83.

e.

The Commission shall require a landscape plan that includes provisions that at least ten (10) percent of the entire site shall be landscaped. Parking lot lighting may be approved provided that pole heights do not exceed fourteen (14) feet; lighting be directed inward to the property and that no off-target lighting be allowed.

(7)

Assisted care dwelling.

a.

Minimum yard requirements.

1.

Front yard: Twenty-five (25) feet.

2.

Side yard: Six (6) feet.

3.

Rear yard: Twenty-five (25) feet.

b.

Minimum area requirements.

1.

Minimum lot area: Fifteen thousand (15,000) square feet.

2.

Minimum lot width: One hundred (100) feet.

3.

Maximum floor area ratio: Twenty-five (25) to one (1).

c.

Maximum building height: Thirty-five (35) feet.

d.

Maximum pervious cover: Sixty (60) percent.

e.

Parking shall be per section 126-71 and shall follow the group home formula. Additionally, all parking areas and drives shall be paved and screened from adjoining residential property. There shall be no parking in any side yard.

f.

Landscaping. The open area on the lot not used for parking or building shall be landscaped with grasses, vegetative groundcover, flowers, gardens, trees and shrubs; provided that not more than seventy-five (75) percent of the open area is put into grass. Trees and shrubs shall be installed at the following rate: One (1) tree and two (2) shrubs for every one thousand (1,000) square feet of floor area.

g.

Site lighting. Any outdoor light shall be directed inward to the property and there shall be no off-target lighting. The maximum light pole height shall be ten (10) feet.

(Code 1968, app. A, § 53; Code 1996, § 156.068; Code 1997, § 126-104; Ord. No. 76-10-1339, 10-26-1976; Ord. No. 77-10-1485, 10-25-1977; Ord. No. 97-8-5712, § 1, 8-26-1997; Ord. No. 98-11-5978, § 2, 11-17-1998; Ord. No. 2002-10-6587, § 1, 10-22-2002; Ord. No. 2003-6-6652, § 3, 6-10-2003; Ord. No. 2005-11-7036, § 3, 11-8-2005; Ord. No. 2010-5-7675, § 1, 5-11-2010; Ord. No. 2011-8-7851, § 4, 8-23-2011; Ord. No. 2021-08-8697, § 1, 8-10-2021; Ord. No. 2022-04-8727, § 1, 4-12-2022)

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;

c.

Nursing homes;

d.

Professional office buildings (yard requirements for office buildings shall be the same as the B-1 Zone requirements);

e.

Daycare nurseries;

f.

Assisted care dwellings (yard and lot requirements shall be the same as 126-104(7));

g.

Cemeteries;

h.

Bed and breakfast;

i.

Places of worship;

j.

Short-term rentals (includes special event short-term rentals);

k.

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, except home occupations shall be considered pursuant to section 126-73 of the Zoning Ordinance.

(3)

Single and two-family dwellings. Single-family and two-family dwellings shall comply with the requirements of the R-3 Zone.

(4)

Multi-family dwellings.

a.

Minimum yard requirements.

1.

Front yard: Twenty-five (25) feet.

2.

Side yard: Six (6) feet.

3.

Rear yard: Twenty-five (25) feet.

b.

Minimum area requirements.

1.

Minimum lot area: Two thousand (2,000) square feet per unit.

2.

Minimum lot width: Fifty (50) feet.

c.

Maximum building height. None.

d.

Public parking area. Same as section 126-104 (6).

(Code 1968, app. A, § 54; Code 1996, § 156.069; Code 1997, § 126-105; Ord. No. 76-10-1339, 10-26-1976; Ord. No. 77-10-1485, 10-25-1977; Ord. No. 98-11-5978, § 3, 11-17-1998; Ord. No. 2002-10-6587, 10-22-2002; Ord. No. 2003-6-6652, 6-10-2003; Ord. No. 2005-11-7036, 11-8-2005; Ord. No. 2009-1-7506, 1-13-2009; Ord. No. 2010-5-7675, § 1, 5-11-2010; Ord. No. 2021-08-8697, § 1, 8-10-2021)

The purpose of this zone is to provide convenient shopping areas to serve nearby residential areas.

(1)

Principal permitted uses.

a.

Any use permitted in the R-4 Zone (except all new single-family and two-family residential structures shall comply with the R-4 Zone requirements. Multi-family structures shall follow the limitations set forth by the Kentucky Building Code. Cottage homes shall be subject to the provisions set forth below).

b.

Home occupations.

c.

Hotels and motels.

d.

Funeral homes.

e.

Commercial greenhouses.

f.

Assembly buildings of fraternal, professional and labor organizations.

g.

Restaurant.

h.

Cottage homes.

i.

The following uses, provided they are conducted wholly within a building with the exception of the sale of fresh or frozen foods, vegetables, fruits, flowers, straw, hay, garden implements (such as, but not limited to; shovels, rakes and hoes) and garden machinery (such as, but not limited to; lawn mowers, tillers and leaf blowers). These items may be sold outside but must be located in front of a bona-fide business:

1.

Retail establishments (product processing is allowed only if the products are sold at retail on the premises).

2.

Personal and convenience service establishments.

3.

Shoe repair shop.

4.

Tailor shop.

5.

Theater.

(2)

Conditionally permitted uses. The Board of Adjustment shall determine that the listed uses will not be detrimental to adjacent residential property via excessive noise, light, odor, traffic congestion or vibration.

a.

Automobile rental, sales, service, refueling or washing.

b.

Other similar but undefined uses.

(3)

Minimum yard requirements.

a.

Front yard: None, except for arterial highway strip commercial uses, for which a minimum front yard of twenty-five (25) feet shall be provided and/or new commercial uses that face a residential zone shall have a front yard setback of twenty-five (25) feet.

b.

Side yard: None, except for arterial highway strip commercial uses; for such uses the side yards shall not be less than twelve (12) feet except that any side yard abutting a residential zone shall not be less than twenty-five (25) feet.

c.

Rear yard: None, except for arterial highway strip commercial uses; for such uses a rear yard of ten (10) feet shall be provided; if such use is serviced from the rear or if it abuts a residential zone, a rear yard of not less than thirty (30) feet shall be provided.

(4)

Minimum area requirements.

a.

Minimum lot area: Five thousand (5,000) square feet, except for arterial highway strip commercial uses, which shall be not less than ten thousand (10,000) square feet.

b.

Minimum lot width: Fifty (50) feet, except for arterial highway strip commercial uses, which shall be seventy-five (75) feet.

(5)

Maximum building height. None.

(6)

Access control.

a.

Lots with less than two hundred (200) feet of frontage shall have only one (1) point of access to any one (1) public street.

b.

Lots in excess of two hundred (200) feet may have two (2) points of access for each two hundred (200) feet of frontage on any one (1) public street.

c.

All points of ingress and egress to major arterials shall be at least three hundred fifty (350) feet from the ramp pavement transition point of highway interchanges.

(7)

Cottage home standards.

a.

Minimum yard requirements.

1.

Front yard: Twenty-five (25) feet.

2.

Side yard: Six (6) feet.

3.

Rear yard: Twenty-five (25) feet.

b.

Minimum area requirements.

1.

Minimum lot area: Two thousand two hundred fifty (2,250) square feet.

2.

Minimum lot width: Twenty-seven (27) feet.

c.

Maximum building height: Thirty-five (35) feet.

d.

Parking shall be per section 126-102(2)e.

e.

Construction.

1.

Must have a continuous frost-proof foundation.

2.

Must be anchored in accordance with the Kentucky Building Code.

3.

Must have a roof pitch of at least 4:12 with a covering of shingles or metal.

4.

Storage buildings, garages, shipping containers or sheds converted to cottage homes are explicitly not permitted. All cottage homes must have the characteristics of a typical stick-built or modular home.

f.

Cottage home community. More than one (1) cottage home may be placed on a single lot provided density is maintained and a site plan is submitted and approved pursuant to section 126-75 of the Paducah Zoning Ordinance. Not less than twenty (20) percent of the total area of a cottage home community shall be devoted to open space. Said open space shall contain living ground cover and other landscaping materials.

(Code 1968, app. A, § 55; Code 1996, § 156.070; Code 1997, § 126-106; Ord. No. 76-10-1339, 10-26-1976; Ord. No. 80-5-1896, 5-13-1980; Ord. No. 84-8-2559, 8-14-1984; Ord. No. 2013-11-8099, § 1, 11-26-2013; Ord. No. 2021-08-8697, § 1, 8-10-2021)

The purpose of this zone is to encourage the development and redevelopment of the City's Downtown Business District.

(1)

Principal permitted uses.

a.

Any use permitted in the B-1 Zone;

b.

Trade, business and vocational schools;

c.

Places of amusement, assembly and recreation;

d.

Automobile rental, sales, service, refueling or washing;

e.

Commercial parking lots and garages;

f.

Newspapers and printing establishments;

g.

Radio and TV stations;

h.

Any other similar use which, in the Commission's opinion, would not impair the business character of the downtown area.

(2)

Minimum area and yard requirements. None.

(3)

Maximum building height. None.

(4)

Parking requirements. Parking requirements are waived for all uses except for the following:

a.

Bus terminals;

b.

Hotels and motels;

c.

Residential dwelling units.

(5)

Minimum sight distance. The visibility requirements of section 126-65 shall not apply to the B-2 Zone.

(Code 1968, app. A, § 56; Code 1996, § 156.071; Code 1997, § 126-107; Ord. No. 76-10-1339, 10-26-1976; Ord. No. 77-8-1459, 8-23-1977; Ord. No. 80-5-1896, 5-13-1980; Ord. No. 2021-08-8697, § 1, 8-10-2021)

The purpose of this zone is to encourage the development, redevelopment and the preservation of the City's Townlift area.

(1)

Principal permitted uses.

a.

Trade, business and vocational schools;

b.

Places of amusement, assembly and recreation;

c.

Assembly buildings of fraternal, professional and labor organizations;

d.

Commercial parking lots and garages;

e.

Newspapers and printing establishments;

f.

Radio and TV stations;

g.

Residential dwelling units;

h.

Restaurant/bakery/pub (no drive through permitted);

i.

Retail;

j.

Short-term rentals (includes special event short-term rentals);

k.

Hotels/motels;

l.

Bed and breakfasts;

m.

Any other similar use which, in the Commission's opinion, would not impair the business character of the downtown area.

(2)

Minimum area and yard requirements. None.

(3)

Maximum building height. None.

(4)

Parking requirements. Parking requirements are waived for all uses except for the following:

a.

Bus terminals;

b.

Hotels and motels.

(5)

Minimum sight distance. The visibility requirements of section 126-65 shall not apply to the B-2-T Zone.

(6)

Ground floor use. The ground floor of all structures in the B-2-T Zone shall be a permitted use as defined in subsection (1) except that residential uses, hotel/ motel rooms, short-term rental rooms or bed and breakfast rooms may be permitted on any floor above or below the ground floor. Residential uses, hotel/motel rooms, short-term rental rooms or bed and breakfast rooms may also be permitted in the rear one-third (⅓) of the ground floor.

(Code 1968, app. A, § 56T; Code 1996, § 156.072; Code 1997, § 126-108; Ord. No. 77-12-1500, 12-13-1977; Ord. No. 2015-9-8297, § 1, 9-15-2015; Ord. No. 2016-7-8394, § 1, 7-19-2016; Ord. No. 2021-08-8697, § 1, 8-10-2021; Ord. No. 2022-06-8741, § 1, 6-28-2022)

The purpose of this zone is to provide an area for high intensity commercial activity of a wholesale nature and to ensure easy highway access for such uses.

(1)

Principal permitted uses.

a.

Any use permitted in the B-2 Zone;

b.

Wholesale establishments;

c.

Automotive equipment sales and repair;

d.

Laundry and dry-cleaning establishments;

e.

Seasonal fireworks tents;

f.

Medical cannabis dispensaries;

g.

Light industrial operations (as approved by the Planning Commission according to degree of objectionable smoke, noise, odor, glare, vibration and heavy freight traffic generation).

(2)

Minimum yard requirements. None.

(3)

Minimum area requirements. None.

(4)

Maximum building height. None.

(Code 1968, app. A, § 57; Code 1996, § 156.073; Code 1997, § 126-109; Ord. No. 76-10-1339, 10-26-1976; Ord. No. 2021-08-8697, § 1, 8-10-2021; Ord. No. 2024-08-8821, § A, 8-27-2024)

The following provisions shall apply in the M-1 Zone unless otherwise provided herein:

(1)

Principal permitted uses.

a.

Any use permitted in the B-3 Zone;

b.

Any industrial, manufacturing, fabrication or processing use which does not emit objectionable noise, smoke, odor or dust beyond the confines of its property;

c.

Warehouses and storage buildings;

d.

Public and commercial sewage disposal plant;

e.

Towing or wrecker service;

f.

Medical cannabis cultivators, processors, producers and safety compliance facilities;

g.

Any other use which, in the Commission's opinion, would be compatible in the B-3 Zone.

(2)

Conditionally permitted uses.

a.

Any other industrial use determined to be of the same general character as the above permitted uses.

b.

Animal hospital or kennel, located not closer than three hundred (300) feet to a residential zone.

c.

Heliport.

(3)

Minimum yard requirements.

a.

Permitted uses having a total floor plan of ten thousand (10,000) square feet or less:

1.

Front yard: Twenty-five (25) feet, except for highway strip uses for which a fifty (50) foot front yard is required.

2.

Side yard: Ten (10) feet.

3.

Rear yard: None, except where abutted by a residential zone, in which case a rear yard of twenty-five (25) feet applies.

4.

No storage of materials or equipment shall be allowed in the minimum front yard.

b.

Permitted uses with a total floor plan of more than ten thousand (10,000) square feet:

1.

Front yard: Fifty (50) feet.

2.

Side yard: Twenty-five (25) feet.

3.

Rear yard: None, except where abutted by a residential zone, in which case a rear yard of twenty-five (25) feet applies.

(4)

Minimum area requirements.

a.

Permitted uses having a total floor plan of four thousand (4,000) square feet or less:

1.

Minimum lot area: Seven thousand five hundred (7,500) square feet.

2.

Minimum lot width: Sixty (60) feet.

b.

Permitted uses with a total floor plan of more than four thousand (4,000) square feet:

1.

Minimum lot area: Fifteen thousand (15,000) square feet.

2.

Minimum lot width: Seventy-five (75) feet.

(5)

Maximum building height. None.

(6)

Maximum lot coverage.

a.

Principal structures: Fifty (50) percent of gross lot area.

b.

Total coverage by principal structures, accessory structures and outside storage: Seventy (70) percent of gross lot area.

(Code 1968, app. A, § 58; Code 1996, § 156.074; Code 1997, § 126-110; Ord. No. 76-10-1339, 10-26-1976; Ord. No. 98-7-5900, § 3, 7-21-1998; Ord. No. 99-11-6133, § 1, 11-9-1999; Ord. No. 2012-6-7927, § 2, 6-5-2012; Ord. No. 2021-08-8697, § 1, 8-10-2021; Ord. No. 2022-04-8727, § 1, 4-12-2022; Ord. No. 2024-08-8821, § A, 8-27-2024)

The following provisions shall apply in the M-2 Zone unless otherwise provided herein:

(1)

Principal permitted uses.

a.

Any use permitted in the M-1 Zone;

b.

Animal hospital or kennel;

c.

Junkyards (a solid fence with a minimum height of eight (8) feet shall be required to enclose the premises. In no instance shall stored materials be visible from any public right-of-way);

d.

Any industrial use that is determined to be non-detrimental to the properties immediately surrounding the use.

(2)

Minimum yard requirements. Same as section 126-110(3).

(3)

Minimum area requirements. Same as section 126-110(4).

(4)

Maximum building height. None.

(5)

Maximum lot coverage. Same as section 126-110(7).

(Code 1968, app. A, § 59A; Code 1996, § 156.076; Code 1997, § 126-111; Ord. No. 79-1-1679, 1-23-1979; Ord. No. 2009-3-7523, 3-10-2009; Ord. No. 2021-08-8697, § 1, 8-10-2021)

The following provisions shall apply in the M-3 Zone unless otherwise provided herein.

(1)

Principal permitted uses. Any use permitted in the M-1 Zone.

(2)

Minimum yard requirements. None, except a yard of twenty-five (25) feet shall be required on any side that abuts a residential zone.

(3)

Minimum area requirements.

a.

Minimum lot area: Five thousand (5,000) feet.

b.

Minimum lot width: Fifty (50) feet.

(4)

Maximum building height. None.

(5)

Maximum lot coverage. None.

(Code 1968, app. A, § 59-A; Code 1996, § 156.076; Code 1997, § 126-112; Ord. No. 79-1-1679, 1-23-1979; Ord. No. 2021-08-8697, § 1, 8-10-2021)

The purpose of this zone is to meet the needs of the Ohio and Tennessee Rivers and their tributaries in times of flood and to prevent the undue loss of life and property by not allowing encroachment of uses which will either be damaged by flood or will increase floodwater heights. Land subject to flooding is considered to be all land below elevation 331.0, USGS Paducah.

(1)

Principal permitted uses.

a.

Open type uses such as loading and unloading areas, parking lots and gardens auxiliary to uses permitted in any adjoining zone.

b.

Storage yards for equipment and material not subject to major flood damage; provided such storage is accessory to uses permitted in the adjoining zone; also provided the stored items are not flammable or toxic materials or other materials which could contaminate public waters to concentrations determined to be hazardous by State or Federal standards; and also provided stored items can be firmly anchored during times of flood.

c.

Water-port facilities.

d.

Open-type public and private recreation facilities such as public parks.

(2)

Conditionally permitted uses. Any use determined to be of the same general character as the above permitted uses.

(3)

Review and approval of plans.

a.

No permit shall be issued for the construction of any building or for any use until the plans for such construction or use have been submitted to the Planning Commission and approval has been given in writing for such construction or use.

b.

The Commission may make its approval subject to such reasonable conditions as necessary to protect the purpose of this zone.

c.

The Commission shall be guided by the following standards in the review of plans:

1.

Any uses permitted shall be of a type not appreciably damaged by floodwaters and no structure for human habitation shall be permitted.

2.

No filling of land shall be permitted except in instances in which express permission is granted by the Planning Commission.

3.

Any structure permitted shall be designed, constructed and placed on the lots so as to offer minimum obstruction to the flow of water.

4.

When, in the opinion of the Planning Commission; topographical data, engineering or other studies are needed to determine the effects of flooding on a proposed structure or land use, the Commission may require the applicant to submit such data or other studies prepared by a professional representative.

(Code 1968, app. A, § 60; Code 1996, § 156.077; Code 1997, § 126-113; Ord. No. 76-10-1339, 10-26-1976; Ord. No. 2021-08-8697, § 1, 8-10-2021)

The purpose of this zone is to strengthen those cultural and governmental services which benefit the entire region, but which can only be supported in the civic center; provide a separate and compact area for those important uses; give the City more effective visual relationships in and around the downtown area; and provide, in the design of the civic buildings and open spaces, a physical point for urban aesthetics and civic pride.

(1)

Principal permitted uses.

a.

List of uses.

1.

Public buildings (City, County, State and Federal);

2.

Office buildings (financial, professional, personal, business and medical);

3.

Business, trade, personal and vocational schools;

4.

Hotels and motels;

5.

Public parking areas;

6.

Accessory uses to the above;

7.

Short-term rentals (includes special event short-term rentals);

8.

Any use determined to be of the same general character as the above permitted uses.

b.

Plan approval. Plans for architectural design and site layout shall be approved by the Planning Commission, and changes may be deemed necessary or desirable to insure proper design standards, to minimize traffic difficulties, to safeguard adjacent properties and to preserve the institutional character of this zone.

(2)

Minimum yard requirements.

a.

Front yard: Ten (10) feet.

b.

Side yard:

1.

Abutting a street: Six (6) feet.

2.

Not abutting a street: Four (4) feet.

c.

Rear yard: None.

(3)

Minimum area requirements.

a.

Minimum lot area: Five thousand (5,000) square feet.

b.

Minimum lot width: Fifty (50) feet.

(4)

Maximum building height. Forty-five (45) feet.

(Code 1968, app. A, § 61; Code 1996, § 156.078; Code 1997, § 126-114; Ord. No. 76-10-1339, 10-26-1976; Ord. No. 2021-08-8697, § 1, 8-10-2021)

(a)

Use provisions for the Historic Commercial Zone, H-1. The purpose of the H-1 Zone is to encourage the development, redevelopment and the preservation of the City's historic 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 H-1 Zone.

(2)

Minimum yard requirements. None.

(3)

Minimum area requirements. None.

(4)

Maximum building height. None.

(5)

Parking requirements. None.

(6)

Ground floor use. The ground floor of all structures in the H-1 Zone shall be a permitted use as defined in subsection (1) except that residential uses, hotel/motel rooms, short-term rental rooms or bed and breakfast rooms may be permitted on any floor above or below the ground floor. Residential uses, hotel/motel rooms, short-term rental rooms or bed and breakfast rooms may also be permitted in the rear one-third (⅓) of the ground floor.

(b)

Use provisions for the Historic 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 area.

(1)

Principal permitted uses.

a.

Any principal use permitted in the R-4 Zone except multi-family dwellings shall be conditional uses;

b.

Funeral homes;

c.

Beauty shops and barbershops;

d.

Assembly buildings of cultural, fraternal, professional and labor organizations;

e.

Restaurants;

f.

Retail establishments, provided they are conducted wholly within a building except for off-street loading and unloading and provided that product processing is not allowed on the premises;

g.

Tailor shop; and

h.

Any similar use which the HARC finds, based upon evidence at a public hearing, that would not impair the historical integrity of the H-2 Zone.

(2)

Conditionally permitted uses.

a.

Lodging houses.

b.

Multi-family dwellings. Existing single-family and two-family dwellings more than fifty (50) years old shall not be subdivided into smaller dwellings units regardless of lot size.

(3)

Minimum yard requirements.

a.

Residential dwellings:

1.

Front yard: Twenty-five (25) feet.

2.

Side yard: Six (6) feet.

3.

Rear yard: Twenty-five (25) feet.

b.

Non-residential structures: None.

(4)

Minimum area requirements.

a.

Minimum lot area:

1.

Single-family dwellings: Four thousand (4,000) square feet.

2.

Two-family dwellings: Four thousand (4,000) square feet per unit.

3.

Multi-family dwellings: Three thousand (3,000) square feet per unit.

4.

Non-residential structures: None.

b.

Minimum lot width: Forty (40) feet.

(5)

Maximum building height. Thirty-five (35) feet or no higher than two (2) feet taller than the tallest principal building on either side of proposed new construction.

(6)

Screening requirements. Same as provided in section 126-83. For the purposes of screening between the H-2 Zone and adjoining zones, the H-2 Zone shall be treated as a residential zone.

(7)

Parking requirements. Same as provided in section 126-71, provided that parking areas will be placed behind 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 this zone.

(8)

Waiver of lot requirements. The requirements section 126-64(b) and (c) may be waived by the HARC, upon a finding based on evidence at a public hearing that such waiver will not impair the historical integrity of this zone.

(c)

Standards for determining historical integrity. The criteria to be applied in determining the existence of historical integrity as 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)

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.

(4)

The proposed action is not addressed in the Standards of Rehabilitation.

(5)

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.

(6)

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 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 (5) 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 (3) years, except the terms of two (2) members of the original Commission shall expire within one (1) year. An appointment to fill a casual vacancy shall be for the unexpired portion of the term only.

(3)

Vacancies shall be filled within sixty (60) days.

(4)

The HARC shall be a highly specialized administrative body. Where practicable, its membership shall include at least two (2) 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 (1) or two (2) 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.

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.

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 (4) 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 districts, landmarks and landmark sites.

l.

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 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 City or 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.

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 (1) publication in a newspaper of general circulation in the City not earlier than twenty-one (21) days or later than seven (7) days before the public hearing.

c.

A historic district or landmark shall qualify for designation when it meets one (1) 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.

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 sixty (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 an 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 an historic district or a landmark. The comprehensive plan and the zoning map shall be amended before a designation of an 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 one hundred twenty (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 the property and shall arrange that the designation of a property as a landmark or as a part of an 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 sixty (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 (2) 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 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 such person has a legal or equitable interest lying within an 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 term "change in exterior appearance," as used in this subsection (g), shall apply to alterations or changes which are ordinarily visible from any public roadway within an 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, an application to the HARC shall be made by the owner and filed in the Department of Planning office.

(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)

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 a hearing before the Board of Adjustment. 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 (1) month and one (1) week.

(2)

Time limit; findings of fact.

a.

The HARC shall make a decision on each application within ninety (90) days after a completed application is filed, provided that the HARC may vote to extend its time for decision by an additional ninety (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.

(j)

Grounds for granting a Certificate of Appropriateness.

(1)

Additive changes. Certificates of appropriateness pertaining to the moving of buildings into or within an 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 an 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 the landowner's land or a fair return of the landowner's 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 Commission 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.

1.

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 a public hearing.

2.

Removal of non-historic fences.

3.

Cutting or removal of trees that are more than one (1) foot in diameter measured at a height of one (1) 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.

(k)

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 an historic zone or on a landmark site. The term "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 an 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 the owner's building in a historic district or the owner's landmark is in poor repair, and the HARC shall discuss with the owner ways to improve the condition of the property. After this step, the HARC may request the Chief Building Official 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 Chief Building Official from enforcing all State statutes and provisions of this Code and any other ordinances of the City pertaining to the public safety.

(l)

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.

(Code 1968, app. A, § 62; Code 1996, § 156.079; Code 1997, § 126-115; Ord. No. 76-10-1339, 10-26-1976; Ord. No. 80-9-1980, 9-9-1980; Ord. No. 81-10-2159, 10-27-1981; Ord. No. 88-1-4013, 1-26-1988; Ord. No. 93-3-4916, 3-16-1993; Ord. No. 2001-9-6411, 9-19-2001; Ord. No. 2002-10-6587, 10-22-2002; Ord. No. 2002-10-6587, 10-22-2002; Ord. No. 2003-11-6721, 11-11-2003; Ord. No. 2007-11-7355, 11-13-2007; Ord. No. 2009-1-7506, 1-13-2009; Ord. No. 2011-8-7851, § 5, 8-23-2011; Ord. No. 2021-04-8684, § 1, 4-13-2021; Ord. No. 2021-08-8697, § 1, 8-10-2021; Ord. No. 2022-06-8741, § 1, 6-28-2022)

The purpose of this zone is to provide appropriate space and sufficient depth from the street to satisfy the needs of modern commercial development where access is entirely dependent on motor vehicle trade, and to encourage development in such a manner as to minimize traffic hazards and interference with other uses.

(1)

Principal permitted uses.

a.

Any use permitted in the B-3 Zone;

b.

Souvenir shops, roadside stands and curio shops when incidental to another permitted use.

(2)

Minimum yard requirements.

a.

Front yard: Fifty (50) feet, except where a parallel access road is provided with construction requirements which meet the standards of the City Engineer's office.

b.

Side yard: Twelve (12) feet, except side yard that abuts a residential zone shall not be less than twenty-five (25) feet.

c.

Rear yard: Ten (10) feet, except where a commercial building is serviced from the rear, then there shall be a rear yard of not less than thirty (30) feet; also the depth of a rear yard which abuts a residential zone shall not be less than thirty (30) feet.

(3)

Minimum area requirements.

a.

Minimum lot area: Ten thousand (10,000) square feet.

b.

Minimum lot width: Seventy-five (75) feet.

(4)

Maximum building height: None.

(5)

Highway access. All points of ingress and egress to major arterials shall be at least three hundred fifty (350) feet from the ramp pavement transition point of highway interchanges.

(Code 1968, app. A, § 63; Code 1996, § 156.080; Code 1997, § 126-116; Ord. No. 76-10-1339, 10-26-1976; Ord. No. 2011-8-7851, § 6, 8-23-2011; Ord. No. 2021-08-8697, § 1, 8-10-2021)

The purpose of this zone is to provide adequate space for permitted uses in a park setting, designed to attract tenants who may require access to high-capacity information sharing appurtenances, transmitting and receiving facilities and sufficient utilities. Furthermore, the zone is intended to provide sufficient space in appropriate locations for attractive, landscaped offices and to ensure compatibility of uses and operations within the Planned Office Park Zone.

(1)

Principal permitted uses.

a.

Offices for business, professional, governmental, political and charitable organizations.

b.

Financial institutions including holding and investment companies.

c.

Computer and data processing centers.

d.

Radio and television studios.

e.

Cable television signal distribution centers and studios.

f.

Travel agencies.

g.

Daycare.

h.

High schools, colleges, universities, technical schools and trade schools.

i.

Hospitals.

j.

Parks.

k.

Research, testing and development laboratories or centers.

l.

Technological or scientific production facilities.

m.

Educational, scientific and research organizations.

n.

Library.

o.

Nursing or assisted living homes.

p.

Short-term rentals (includes special event short-term rentals).

q.

Medical cannabis safety compliance facilities.

r.

Any other similar use which, in the Planning Commission's opinion, would not impair the character of the POP Zone.

(2)

Accessory uses. Accessory uses that are clearly incidental and subordinate to the permitted use.

a.

Spaces for the limited display of merchandise.

b.

Personal service centers, including food service, only for employees, residents or visitors to any permitted use. These centers shall have no direct access to the exterior of the building and shall not have display space, drive-through areas or signs visible from outside the building.

c.

Residential dwellings.

(3)

Conditionally permitted uses. Any of the following uses which do not emit objectionable noise, smoke, odor or dust beyond the confines of its property.

a.

Technological or scientific facilities in connection with bona fide agricultural operations.

b.

Clubs.

c.

Satellite dish antennas.

d.

Airports and heliports.

e.

Hotels, motels or lodges with facilities specifically intended to serve the needs of the park tenants.

f.

Light manufacturing and assembly operations.

g.

Warehousing operation utilized in conjunction with a permitted use.

h.

Sit-down restaurants (drive through not permitted).

(4)

Minimum yard requirements.

a.

Front yard: Fifty (50) feet.

b.

Side yard: Thirty (30) feet.

c.

Street side yard: Fifty (50) feet.

d.

Rear yard: Fifty (50) feet.

e.

Maximum coverage: Fifty (50) percent (building only, surface parking excluded).

f.

Minimum yard standards are increased by five (5) feet for each story over five (5) stories.

(5)

Minimum area requirements.

a.

Minimum lot area: One (1) acre.

b.

Minimum lot width: One hundred (100) feet.

(6)

Open space. At least twenty-five (25) percent of contiguous Planned Office Park zoned areas must be allotted to open space.

(7)

Landscaping.

a.

Generally. A minimum of ten (10) percent of the entire lot shall be devoted to landscaping. Up to fifty (50) percent of this requirement may be credited toward preservation of substantial naturally occurring trees, shrubbery, wildflowers, water courses and rock formations. Areas of preservation should be inventoried and indicated on site plans.

b.

Parking lot landscaping requirements. For each one hundred (100) square feet, or fraction thereof; of vehicular use area, a minimum of five (5) square feet of landscaped area shall be provided. This may include islands, peninsulas and other geometric devices used to encourage vehicle circulation.

c.

Screening. Screening per section 126-83 shall be provided in the rear yard of those lots which abut properties outside the POP Zone.

(8)

Amendments. Amendments to the zone map for POP Zones shall be:

a.

Freestanding zones: Forty (40) acres.

b.

Expansion of existing: No minimum.

(Code 1968, app. A, § 64; Code 1996, § 156.081; Code 1997, § 126-117; Ord. No. 76-10-1339, 10-26-1976; Ord. No. 92-5-4764, 5-12-1992; Ord. No. 93-3-4917, 3-16-1993; Ord. No. 2002-10-6587, § 1, 10-22-2002; Ord. No. 2003-2-6617, § 1, 2-25-2003; Ord. No. 2004-10-6876, § 1, 10-12-2004; Ord. No. 2012-3-7906, § 1, 3-20-2012; Ord. No. 2021-08-8697, § 1, 8-10-2021; Ord. No. 2024-08-8821, § A, 8-27-2024)

The purpose of this zone is to accommodate projects which combine general compatible land uses into an integrated development. This zone may be used to designate parts of the City which are appropriate for a mixture of residential, commercial, office and accessory parking uses. Development in the MU Zone must accommodate transportation systems, surrounding environments and pedestrian movement. For these reasons, projects constructed in this zone are subject to Planning Commission approval.

(1)

Principal permitted uses. Any use permitted in the B-3 or A-1 Zones except automobile sales, service or rental including, but not limited to; gasoline stations and vehicle washing establishments. Commercial parking lots and parking garages are also not permitted in this zone.

(2)

Site development regulations.

a.

The minimum area of any new MU Zone shall be three (3) acres. There shall be no minimum area of expansions of existing MU Zones.

b.

All projects in the MU Zone shall receive approval by the Planning Commission, following the development plan procedure set forth in section 126-176. Such approval shall be granted for a comprehensive development plan instead of for individual structures, provided that any subsequent structures or developments are consistent with such development plan.

c.

Application for approval must include at least the following information:

1.

A detailed site map, including:

i.

A boundary survey.

ii.

Site dimensions.

iii.

Contour lines at not greater than five (5) foot intervals.

iv.

Adjacent public rights-of-way, public transportation routes and pedestrian systems.

v.

Description of adjacent land uses.

vi.

Utility service to the site and easements through the site.

vii.

Description of other site features, including drainage, soils and other considerations that may affect the development of the site.

2.

A development plan as per section 126-176.

3.

Specific proposed site development regulations for the project, including:

i.

Maximum floor area ratios.

ii.

Front, side and rear yard setbacks.

iii.

Maximum height.

iv.

Maximum building and impervious coverage.

v.

Design standards applicable to the project.

(Code 1968, app. A, § 65; Code 1996, § 156.082; Code 1997, § 126-118; Ord. No. 76-10-1339, 10-26-1976; Ord. No. 92-9-4834, 9-1-1992; Ord. No. 2021-08-8697, § 1, 8-10-2021)

The purpose of this zone is to provide a more flexible and customized approach for the development, parking and circulation needs of medical centers and complexes. Uses not specifically allowed by this section are expressly excluded.

(1)

Principal permitted uses. All uses are to be conducted wholly within a building.

a.

General medical hospitals with in-patient and out-patient services.

b.

Offices and clinics of heath care practitioners including physicians, surgeons, osteopaths, psychologists, psychiatrists, chiropractors, nurses, rehabilitation therapists, medical and psychiatric social workers, dentists, nutritionists, dietitians, opticians, optometrists and other similar medical uses licensed and certified by the State of Kentucky as health care specialists or practitioners.

c.

Medical technology and testing laboratories.

d.

Medical and dental related health care educational facilities and schools.

e.

Medical cannabis dispensaries and safety compliance facilities.

f.

Other closely related uses, as approved by the Planning Commission following a public hearing.

(2)

Accessory uses. Accessory uses are allowed only when they are clearly incidental, subordinate and in the presence of permitted uses in the HM Zone. They may be included in the principal building, an accessory building or on a separate lot. All uses are to be conducted wholly within a building.

a.

Administrative offices (hospital/medical).

b.

Ambulance service.

c.

Chapels.

d.

Daycare.

e.

Food service.

f.

Gift and flower shops.

g.

Heliports.

h.

Hospice.

i.

Linen/laundry service.

j.

Lodging, visitor.

k.

Medical insurance service.

l.

Medical, dental and other health care professional organization offices.

m.

Mobile diagnostic and treatment trailers.

n.

Nursing, transitional care and assisted care homes.

o.

Parking garages.

p.

Pharmacies with retail sales of general merchandise.

q.

Retail sales of medical and dental supplies and services including prosthetics, optical, and other similar medical and/or dental goods and services.

r.

Temporary buildings.

s.

Uniform shops.

t.

Short-term rentals (includes special event short-term rentals).

(3)

Minimum yard requirements.

a.

Front yard: Fifty (50) feet, seventy-five (75) feet on arterials.

b.

Side yard: Twenty-five (25) feet.

c.

Rear yard: Twenty-five (25) feet.

(4)

Minimum area requirements.

a.

Minimum lot area: Five thousand (5,000) square feet.

b.

Minimum lot width: Fifty (50) feet.

(5)

Landscape requirements. Ten (10) percent of the entire site shall be landscaped.

(6)

Density. The floor area ratio (FAR) shall not exceed two (2) to one (1).

(Code 1997, § 126-119; Ord. No. 99-5-6038, § 1, 5-11-1999; Ord. No. 2002-10-6587, § 1, 10-22-2002; Ord. No. 2021-08-8697, § 1, 8-10-2021; Ord. No. 2024-08-8821, § A, 8-27-2024)

The purpose of this zone is to provide for primarily residential uses and encourage such development by right, according to standards that will ensure harmony with the existing historic residential environment. Limited commercial uses may be introduced provided compliance with a conditional use permit upholding the historic fabric of the neighborhood.

(1)

Principal permitted uses.

a.

Single-family dwellings.

1.

Minimum lot area: Eight thousand (8,000) square feet.

2.

Minimum lot width: Fifty (50) feet.

b.

Two-family dwellings.

1.

Minimum lot area: Four thousand (4,000) square feet per unit.

2.

Minimum lot width: Fifty (50) feet (per structure).

c.

Park, playground or community center owned and operated by a governmental agency.

d.

Special event short-term rentals.

(2)

Conditionally permitted uses. The following shall require written approval from the Historical and Architectural Review Commission:

a.

Multi-family dwellings.

1.

Minimum lot area: Three thousand (3,000) square feet per unit.

2.

Minimum lot width: Sixty (60) feet.

b.

Home occupations.

c.

Professional offices.

d.

Daycares.

e.

Beauty shops and barbershops.

f.

Places of worship.

g.

Short-term rentals.

h.

The following uses, provided they are conducted wholly within a building except for off-street loading and unloading:

1.

Retail establishments (product processing is allowed only if the products are sold at retail on the premises);

2.

Personal and convenience service establishments;

3.

Restaurant (excluding drive-thru);

4.

Any other use not listed which, in the HARC's opinion, would be compatible with the above uses.

(3)

Minimum yard requirements.

a.

Front yard: Twenty-five (25) feet.

b.

Side yard: Six (6) feet.

c.

Rear yard: Twenty-five (25) feet.

(4)

Minimum area requirements for non-residential structures:

a.

Minimum lot area: Eight thousand (8,000) square feet.

b.

Minimum lot width: Fifty (50) feet.

(5)

Maximum building height. Thirty-six (36) feet, however, additional feet may be allowed with design approval from the HARC based on the scale of adjacent structures.

(6)

Additional regulations:

a.

Off-street loading areas may not face any public right-of-way.

b.

No loading or unloading shall be allowed between 9:00 p.m. and 7:00 a.m.

c.

The Historical and Architectural Review Commission (HARC) shall have sole jurisdiction as a special board of adjustment over the NSZ pursuant to KRS 82.026 and 100.217.

(7)

Plan approval required for new construction and for changes in exterior appearance. In order to maintain the existing character of the neighborhood; plans for architectural design, site layout or changes in style of architectural elements must be approved by the Historical and Architectural Review Commission (HARC). The HARC may require changes to the plan as deemed necessary or desirable to ensure proper design standards, to minimize traffic difficulties, to safeguard adjacent properties and to preserve the intent of the NSZ.

a.

Certificate of Zoning Compliance required.

1.

No person shall, without first applying for and obtaining a special conditional use permit, to be known as a Certificate of Zoning Compliance, make any changes in exterior appearance to any exterior portion of any structures in the NSZ. A Certificate of Zoning Compliance must be issued by the Planning Department before a building permit can be obtained.

2.

Infill/new construction and additions to existing structures. All new construction and additions to existing structures must first be issued a Certificate of Zoning Compliance before any construction begins.

3.

Existing structures.

i.

Changes to the design or style of any exterior feature on an existing structure requires a Certificate of Zoning Compliance.

ii.

Administrative approvals. In the following instances, Certificates of Zoning Compliance can be issued by the Zoning Administrator.

A.

In instances where the design or style of any exterior feature is replicated and replaced with a new material, the Zoning Administrator has the authority to administratively approve the application for a Certificate of Zoning Compliance. The proposed materials must comply with the approved building materials list found in the design guidelines.

B.

New accessory structures that use the same building materials and an appropriately sized and style of windows and doors that complement the existing primary structure can be administratively approved. Features considered include structure orientation, openings, roof pitch, siding and color scheme.

C.

Cutting or removal of trees that are more than one (1) foot in diameter measured at one (1) foot off of the ground require a Certificate of Zoning Compliance. Removal of trees can be approved administratively.

D.

Changing the color of a surface that has already been painted can be approved administratively.

E.

Fences that are determined to comply with the advisory design guidelines can be approved administratively.

F.

Any proposed demolition of a principal structure requires a Certificate of Zoning Compliance prior to obtaining a demolition permit. Demolitions outside of the Demolition Control Zone can be approved administratively.

b.

Applications for a Certificate of Zoning Compliance.

1.

Applications for a Certificate of Zoning Compliance are submitted to the Planning Department.

2.

A public hearing is required on all applications except for administrative approvals as outlined in this section.

3.

Grounds for granting a Certificate of Zoning Compliance. The HARC must make written findings of fact as follows:

i.

The proposed exterior changes comply with the intent of the Neighborhood Services Zone.

ii.

The proposed exterior changes are in harmony with the adopted design guidelines.

iii.

The HARC shall adopt design guidelines for the NSZ to act as a guide for board decisions on plan approvals and changes to the exterior appearance of existing structures. The document shall be made available to the public to aid in the design approval process.

iv.

Maintenance and safety standards.

A.

All buildings within this zone shall be maintained to meet the requirements of the building code and property maintenance codes of the City.

B.

Nothing in this section shall be construed to prevent the City Building Officials from enforcing all State statutes and provisions of this code and any other ordinances of the City pertaining to the public safety.

v.

Appeals. Any person aggrieved by any action of the Zoning Administrator may appeal their decision to the HARC pursuant to KRS 100.257. Any person aggrieved by any action of the HARC may appeal the decision to the Circuit Court in the manner prescribed for appeals from actions of boards of adjustment.

(Code 1997, § 126-120; Ord. No. 2007-4-7269, § 1, 4-10-2007; Ord. No. 2010-5-7675, § 1, 5-11-2010; Ord. No. 2021-08-8697, § 1, 8-10-2021; Ord. No. 2022-10-8752, § 1, 10-25-2022)

The purpose of this zone is to provide for a mixture of commercial and residential uses, and encourage such development by right, according to standards that will ensure harmony with the existing commercial and residential environment. Objectives of this zone include the following:

Creation of a dynamic street life, encouraging the placement of buildings close to property lines, and/or heavily landscaped yard areas, in order to engage pedestrians and de-emphasize parking facilities;

Facilitation of development that demonstrates an appropriateness of scale; and

Encouragement of landscaped spaces available for pedestrian use (e.g., pocket parks, tree lined streets and walkways).

(1)

Principal permitted uses. The following uses may not exceed four thousand (4,000) square feet of gross floor area. This requirement may be waived based on a design concept approved by the Planning Commission that will not have an adverse impact on the neighborhood:

a.

Any principal use permitted in the R-4 Zone.

b.

Home occupations.

c.

Funeral homes.

d.

Commercial greenhouses.

e.

Beauty shops and barbershops.

f.

Restaurant (excluding drive-thru).

g.

Assembly buildings of cultural, fraternal, professional and labor organizations.

h.

The following uses, provided they are conducted wholly within a building except for off-street loading and unloading. This section may be waived by the Planning Commission at a public hearing based on the effect of the proposed use to the neighborhood.

1.

Retail establishments (product processing is allowed only if the products are sold at retail on the premises);

2.

Personal and convenience service establishments;

3.

Dry-cleaning establishments.

(2)

Plan approval:

a.

New infill commercial construction. Plans for site layout shall be approved by the Planning Commission and changes may be required as deemed necessary or desirable to insure proper design standards, to minimize traffic difficulties, to safeguard adjacent properties and to preserve the intent of the NCCZ.

b.

Residential conversion. The Zoning Administrator and City Engineer, in compliance with the intent of this section, shall approve plans for site layout.

c.

Infill Residential. The Chief Building Official, in compliance with the intent of this section, shall approve plans for architectural design and site layout.

(3)

Building materials: The following approved materials list shall apply to all new construction projects or rehabilitation/renovations within the NCCZ:

a.

Exterior siding and details. Wood, cement fiberboard, traditional brick veneer with true mortar joints, appropriate stone (no concrete block), smooth-faced vinyl, traditional stucco (no EIFS), or aluminum.

b.

Roofs. Slate, composite shingles or standing-seam metal.

c.

Soffits, fascia and trim. Wood, cement fiberboard, high-density polymer (permacast, fypon or other similar brand), smooth faced vinyl, traditional stucco (no EIFS) or aluminum.

d.

Windows. Wood, wood-clad, vinyl or fiberglass.

e.

Doors. Wood, fiberglass or steel.

f.

Foundations. Traditional brick veneer, lap siding, appropriate stone (no concrete block) or traditional stucco veneer.

g.

Any building façade facing a public way (excluding alleys) shall change at least every thirty (30) feet in height, setback or material.

(4)

Minimum yard requirements.

a.

Primary street frontage: No minimum required; ten (10) feet maximum. Setbacks for new residential structures must be aligned with adjacent structures.

b.

Secondary street frontage: No minimum required, ten (10) feet maximum.

c.

Side yard: Six (6) feet.

d.

Rear yard: None.

(5)

Minimum area requirements.

a.

Minimum lot area:

1.

Single-family dwellings: Eight thousand (8,000) square feet.

2.

Two-family dwellings: Four thousand (4,000) square feet per unit.

3.

Multi-family dwellings: Three thousand (3,000) square feet per unit.

4.

Non-residential structures: Five thousand (5,000) square feet.

b.

Minimum lot width: Fifty (50) feet.

(6)

Maximum building height. Two and one-half (2.5) stories, however; additional stories may be permitted with design approval from the Planning Commission.

(7)

Parking regulations. See section 126-71. All off-street parking shall be placed to the rear of the principal structure.

(8)

Square footage bonuses. Following below is a list of bonuses that may be granted in return for certain amenities. The bonuses may be applied to increase the square footage of a permitted use.

a.

For every one (1) square foot of landscaping above those required in section 126-83, an additional twenty-five hundredths (0.25) square feet of building floor area shall be granted.

b.

For every one (1) square foot of space used for a courtyard or plaza, an additional one (1) square foot of building floor area shall be granted.

(9)

Additional regulations. Off-street loading areas may not face any public right-of-way, excluding alleys.

(Code 1997, § 126-121; Ord. No. 2007-4-7269, § 2, 4-10-2007; Ord. No. 2011-8-7851, § 7, 8-23-2011; Ord. No. 2021-08-8697, § 1, 8-10-2021)