It is the intent of this article to provide for the efficient, reasonable and impartial enforcement of this article by authorizing an enforcement officer, the basic procedure for complying with the article, and the penalties for violators.

(Code 1968, app. A, art. VII; Code 1996, § 156.110; Code 1997, § 126-171; Ord. No. 76-10-1339, 10-26-1976)

All other provisions of this article and any other City ordinances notwithstanding, as of May 9, 1992, the City Manager shall have sole discretion for appointing personnel for the enforcement and administration of this chapter. This section shall have control over all other present ordinance provisions pertaining to enforcement and administration of this article.

(Code 1968, app. A, § 70; Code 1996, § 156.111; Code 1997, § 126-172; Ord. No. 76-10-1339, 10- 26-76; Ord. No. 92-5-4773, 5-9-1992)

(a)

A Board of Adjustment (hereinafter known as "the Board") shall be appointed and organized in conformance with the KRS 100.217.

(b)

The Board shall have the following powers and duties:

(1)

Bylaws. To adopt bylaws for its own government.

(2)

Administrative review. To hear and decide appeals where it is alleged by the applicant that there is error in any order, requirement, permit, decision, determination or refusal made by the enforcement officer or other administrative official in the carrying out of this article, and for interpretation of the zoning map.

(3)

Conditional uses. To hear and decide applications for conditional use permits that allow uses which are specifically named in the zoning provisions, and which may be suitable only in specific locations in the zone if certain conditions are met.

(4)

Variance. To hear and decide on applications for dimensional variance where, by reason of the exceptional narrowness, shallowness or unusual shape of the site, or by reason of exceptional topographic conditions, or some other extraordinary situation or condition of that site, the literal enforcement of the dimensional requirements (height or width of building, or size of yards, but not population density) of the zoning provisions would deprive the applicant of reasonable capacity to make use of the land in a manner equivalent to the use permitted other landowners in the same zone. The Board may impose any reasonable conditions or restrictions it decides to grant.

(5)

Findings for granting of variance. Before any variance is granted, the Board must find that the granting of the variance will not adversely affect the public health, safety or welfare, will not alter the essential character of the general vicinity, will not cause a hazard or a nuisance to the public and will not allow an unreasonable circumvention of the requirements of the zoning regulations. In making these findings, the Board shall consider whether:

a.

The requested variance arises from special circumstances which do not generally apply to land in the general vicinity or in the same zone;

b.

The strict application of the provisions of the regulation would deprive the applicant of the reasonable use of the land or would create an unnecessary hardship on the applicant; and

c.

The circumstances are the result of actions of the applicant taken subsequent to the adoption of the zoning regulation from which relief is sought.

(6)

Nonconforming use change. To permit a change from one (1) nonconforming use to another, providing the new nonconforming use is in the same or a more restrictive zoning classification in accordance with section 126-63.

(7)

Limits of authority. The Board of Adjustment shall not possess the power to grant a variance to permit a use of any land, building or structure which is not permitted by the zoning provisions for the zone in question; or to alter density requirements in the zone in question. The Board does not possess the authority to permit a use not authorized by this article.

(8)

Application of variance. A dimensional variance applies to the property for which it is granted, and not to the applicant. A variance also runs with the land, and is transferable to any future owner of the land, but it cannot be transferred by the applicant to a different site.

(9)

Additional authority. In granting a variance, the Board may attach thereto such conditions regarding the location, character and other features of the proposed building, structure or use as it may deem advisable in the furtherance of the purposes of this article.

(10)

Conditions for granting variance. Before any variance is granted, the Board must find present conditions which must be sustained by evidence presented by the applicant that the property will not yield a reasonable return if used in compliance with this article, that the conditions causing the hardship are unique and are not shared by the neighboring property in the same zone, and that the granting of the variance will not be in conflict with this article. These conditions must be alleged by the applicant and evidence must be produced by the applicant to substantiate these allegations.

(11)

Report. A written report on each variance that is granted or denied by the Board shall be submitted to the City Commission with a copy retained in the files of the Planning Office.

(Code 1968, app. A, § 80; Code 1996, § 156.112; Code 1997, § 126-173; Ord. No. 76-10-1339, 10-26-1976; Ord. No. 2003-6-6653, § 1, 6-10-2003; Ord. No. 2012-10-7979, § 2, 10-9-2012)

The following is a recapitulation of the administrative agencies with jurisdiction, and the extent of their jurisdictions concerning the administration of this article:

(1)

The City may employ a staff or contract with planners or other persons as it deems necessary to accomplish its assigned duties as delineated in KRS ch. 100.

(2)

The enforcement officer has initial authority for the literal enforcement of this article. The enforcement officer has no discretionary authority to allow any departure from the literal conformance with this article.

(3)

The Board of Adjustment has authority to hear appeals from decisions of the enforcement officer, and to make literal interpretations of the pertinent provisions in order to correct any possible misinterpretation, and to make only those departures from a literal conformance of this article which are specifically delegated to it.

(4)

The Circuit Court has jurisdiction to determine all questions and issues properly brought before it on appeal from the decisions of the Board of Adjustment or Planning Commission.

(Code 1968, app. A, § 76; Code 1996, § 156.113; Code 1997, § 126-174; Ord. No. 76-10-1339, 10-26-1976)

(a)

An appeal to the Board of Adjustment may be taken by any person, firm or corporation aggrieved, or by any governmental officer, department, board or bureau affected by any decision of the Building Inspector based in whole or in part upon the provisions of this article.

(b)

Such appeal shall be taken by filing with the Board of Adjustment a notice of appeal, specifying the grounds thereof. Said notice of appeal shall be filed within thirty (30) days from the date upon which the notice of refusal of building permit or Certificate of Occupancy is mailed by the Building Inspector, and failure to file notice of appeals within thirty (30) days shall constitute a waiver of the right to appeal.

(c)

The Building Inspector shall transmit to the Board of Adjustment all papers constituting the record upon which the action appealed from was taken.

(d)

The Board shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time.

(e)

Upon the hearing, any person or party may appear in person or by agent or by attorney.

(Code 1968, app. A, § 82; Code 1996, § 156.114; Code 1997, § 126-175; Ord. No. 76-10-1339, 10-26-1976)

(a)

Intent. The intent of this section is to provide guidance for the Zoning Code amendment processes, including text and map amendments. It shall also be the intent of this section to guide the use of development plans, which may be used for a variety of planning and zoning processes, including map amendments. The Planning Commission in obligation to promote the public health, safety and general well-being shall consider; but not be limited to, the following in deliberative considerations:

(1)

The conservation of natural resources, which may include various wildlife forms, vegetation, steep slopes, surface water, ground water, floodplain, soils, geologically sensitive areas, air quality, noise, view sheds, sufficient sunlight exposure, etc.;

(2)

The conservation of sites that have historic or architectural value;

(3)

The provision for safe, efficient vehicular and pedestrian transportation, off-street parking and loading within the development and neighborhood;

(4)

The provision for sufficient open space and recreational opportunities;

(5)

The compatibility of the overall site design (buildings, parking, circulation, signs, screening and landscaping) and land use with the existing and projected future land use of the area;

(6)

The provision for adequate drainage facilities to prevent runoff problems during times of peak precipitation and flooding to the site and the surrounding neighborhood:

(7)

The provision that infrastructure needs shall, as they relate to essential services and infrastructure systems, be adequately addressed;

(8)

Compliance with the Comprehensive Plan, all applicable regulations as per City ordinances, City policies and other applicable laws.

(b)

Public notice.

(1)

For petitions that require a public hearing notice shall be mailed at least seven (7) or fourteen (14) days, depending on the type of hearing by first class mail to all property owners surrounding the subject property to a depth of two (2) ownerships or within a radius of two hundred (200) feet of the subject property, whichever is greater.

(2)

In accordance with KRS 424, notice shall be published in the Paducah Sun newspaper at least seven (7) or fourteen (14) days prior to the hearing, depending on the type of hearing.

(3)

In accordance with KRS Chapters 424 and 100, on-site notice shall be posted at least fourteen (14) days before the hearing of any zone change (rezoning).

(c)

Formal petition required. To formally request the Commission to consider any action, the petitioner shall file a complete petition (with respect to all applicable provisions of this chapter and other City ordinances, regulations and policies), pay the filing fee, and provide copies of all written and graphic material as required. The date for the public hearing will be set upon receipt of a complete application.

(d)

Refiling. Within a period of twelve (12) months from the date of a negative decision, no tract of land or any portion thereof, shall be considered for a zone change identical to the same proposal, except requests initiated by the Planning Commission or Board of Commissioners, or the Planning Commission grants unanimous permission to resubmit sooner.

(e)

Procedures required for zone change (rezoning).

(1)

A petition for a map amendment (also referred to as a zone change or rezoning) may originate with the Planning Commission, with the Board of Commissioners or with the owner of the property in question. Regardless of the origin of the proposed amendment, it shall be referred to the Planning Commission before adoption.

(2)

The Planning Commission shall hold at least one (1) public hearing after proper notice is given in accordance with KRS Chapters 424 and 100 and this code.

(3)

The decision of the Planning Commission shall become final and the map amendment shall be automatically implemented, subject to the provisions of KRS 100.347, unless a written request for a hearing before the Board of Commissioners is made within twenty-one (21) days after the final decision by the Planning Commission, pursuant to KRS 100.2111. Any aggrieved person, Board of Commissioners or the Zoning Administrator may file the request.

(4)

If a timely request for a hearing before the Board of Commissioners is filed, the findings of fact and decision of the Planning Commission shall be forwarded to the Board of Commissioners prior to their hearing. All persons appearing before the Planning Commission shall be informed of the request. It shall take a majority of the entire Board of Commissioners to override the decision of the Planning Commission.

(f)

Zone change (rezoning)—Findings required. In accordance with KRS 100.213, to approve any zone change, the Planning Commission must find that the map amendment agrees with the Comprehensive Plan or, in the absence of such a finding, that:

(1)

The original zoning classification given to the property was inappropriate or improper;

(2)

There have been major changes of an economic, physical or social nature within the area involved which were not anticipated in the Comprehensive Plan and which have substantially altered the basic character of the area.

The findings of fact shall be recorded in the minutes and maintained in the records.

(g)

Variances and conditional use permits. The Planning Commission may hear and decide petitions for variances or conditional use permits pertaining to the same property when filed and scheduled to be heard with a proposed development plan or map amendment petition. The Planning Commission shall assume all powers and duties otherwise exercised by the Board of Adjustment pursuant to KRS Ch. 100. The petitioner for the map amendment may elect to have any variances or conditional use permits for the same development to be heard and decided by the Planning Commission at the same public hearing, or by the Board of Adjustment as otherwise provided for by KRS Ch. 100.

(h)

Development plan requirements.

(1)

When required. A preliminary development plan may be required in the following instances:

a.

The Planning Commission, as a condition to the granting of any zoning change, may require the submission of a development plan which, where agreed upon, shall be followed; except for a single-family dwelling, a two-family dwelling, a triplex dwelling or a four-plex dwelling. As a further condition to the granting of a zoning change, the Planning Commission shall require that substantial construction be initiated within two (2) years following the enactment of the map amendment, provided that such zoning change shall not revert to its original designation unless there has been a public hearing. The development plan shall be a continuing condition for the area rezoned unless amended as required herein;

b.

When there is a proposal for multiple principal buildings on a single parcel or lot;

c.

A major subdivision plat may substitute for a development plan.

d.

For Planned Unit Developments per section 126-70.

e.

For site developments per sections 126-114 and 126-118.

(2)

Plans defined. For purposes of this subsection and the plans required herein, the following definitions shall apply:

a.

Preliminary development plan. This plan shall be adopted by the Planning Commission when a favorable recommendation is made to the Board of Commissioners for specific zone changes and when favorable approvals are given for multiple principal structures, developments in Planned Unit Developments and developments in the A-1 and MU Zones. No building permits shall be issued based upon a preliminary development plan.

b.

Final development plan. This plan is a final site plan with that level of detail as may be required for obtaining permits and approvals necessary for construction. It shall include all information required as necessary for the review of the proposed development and its compliance with any applicable law or regulation, including any previously approved preliminary development plan.

(3)

Content and format of development plans. Plans shall be legible and of a size and scale (generally not exceeding one (1) inch equals one hundred (100) feet) which enables clear presentation of required information. Required plan information shall be as follows:

a.

Contents of preliminary development plan.

1.

A title block containing the plan name, development plan type (preliminary or final), name and address of petitioner, developer and plan preparer;

2.

The boundary of the subject property, along with the zoning designation and owner names for all adjoining property;

3.

Vicinity sketch, oriented in the same direction as the design scheme;

4.

Topography with contour intervals, grid elevations or spot elevations of sufficient detail to generally describe the lay of the land. This requirement may be waived by the City where topographic conditions and features are found not to be necessary to the required development plan reviews and actions;

5.

Location, arrangement and approximate dimensions of existing and proposed driveways, walkways, parking areas, arrangement of parking spaces, dumpster pads, points of ingress and egress, and other vehicular and pedestrian rights-of-way;

6.

Location and typical profiles and cross-sections of any proposed or existing streets or deceleration lanes (when deemed necessary) within or abutting the subject property. This requirement may be waived subject to approval by the City Engineer;

7.

Screening, landscaping, buffering, recreational and other open spaces;

8.

Approximate size, location, height, floor area, area arrangement and use of proposed buildings, existing buildings and signs;

9.

Approximate location of lot lines for projects anticipated to involve land subdivision;

10.

Storm drainage areas, floodplain, conceptual drainage controls, storm water retention and any other designated environmentally sensitive or geologic hazard areas;

11.

Proposed and existing easements for utilities or other purposes; locations of sanitary sewers including lengths and alignments of laterals;

12.

Areas of substantial existing trees including those located along fence rows and drainage areas, along with a general description of the type and size of such trees;

13.

A statistical table summarizing all pertinent site data, including site area, zoning, building coverage, floor area, parking, open spaces, etc.;

14.

For projects of one (1) acre or more, a note stating that no grading, stripping, excavation, filling or other disturbance of the natural ground cover shall take place unless and until the Department of Engineering has approved the petitioner's proposed soil erosion control procedures and, if required, a soil erosion control plan;

15.

A signed owner's certification, as follows: "I (We) hereby certify that I am (We are) the owner(s) of the property shown and described hereon and that I (We) hereby adopt the Development Plan with My (Our) free consent, with the exception of such variances or other conditions of approval, if any, as are noted hereon or in the minutes of the Paducah Planning Commission. I (We) furthermore understand that building permits can only be issued following this plan and that amendments to this plan can be made only by official Commission action";

16.

A preliminary development plan certification shall be signed by the Chairman if and when the plan is fully approved, as follows: "I hereby certify that the Development Plan shown hereon has been found to comply with the Zoning Ordinance for the City of Paducah with the exception of such variances or other condition of approval, if any, as are noted hereon or in the minutes of the Planning Commission and that it has been approved as the official plan."

17.

A written or graphic scale.

b.

Contents of final development plan. A final development plan shall contain all information as required for preliminary development plans under the sections above, except the plan information shall be of an exact nature, rather than approximate or general.

(i)

Development plan procedures.

(1)

Pre-application conference.

a.

Prior to any acceptance of a formal petition for a preliminary development plan, the petitioner may meet informally with appropriate City staff to determine the following:

1.

The effect of the proposed development on the existing neighborhood, traffic patterns and infrastructure systems;

2.

How the proposed development relates to the Comprehensive Plan;

3.

The various regulations that may apply to the proposed development;

4.

An explanation of the required contents of the preliminary development plan and any other required submission of materials; and

5.

An explanation of the preliminary development plan approval process.

b.

At the time of the meeting with the appropriate City staff, the petitioner should present a conceptual plan.

(2)

Plans defined. For purposes of this subsection the plans required herein, the following definitions shall apply:

a.

Preliminary development plan. This plan shall be adopted by the Planning Commission when a favorable recommendation is made to the Board of Commissioners for specific zone changes and when favorable approvals are given for multiple principal structures, developments in Planned Unit Developments and developments in the A-1 and MU Zones. No building permits shall be issued based upon a preliminary development plan.

b.

Final development plan. This plan is a final site plan with that level of detail as may be required for obtaining permits and approvals necessary for construction. It shall include all information required as necessary for the review of the proposed development and its compliance with any applicable law or regulation, including any previously approved preliminary development plan.

(3)

Review. Planning staff shall send the preliminary development plan to concerned agencies and interests for their respective technical review. If necessary, or requested by the petitioner, the interested parties and technical review bodies may meet together to resolve, if possible, issues and difficulties associated with the development proposal. These meetings are subject to KRS ch. 424.

(4)

Planning Commission action. No preliminary development plan will be considered for Commission action until the appropriate review agencies and public interests have reviewed the plan.

(5)

The Commission may pursue the following actions:

a.

Approval. The preliminary development plan is ready for certification as presented.

b.

Conditional approval. The preliminary development plan will be certified when the petitioner has complied with the conditions of approval set forth by the Commission.

c.

Disapproval. The preliminary development plan has been disapproved by the Commission. To request new review and action, the petitioner must file a new petition and development plan.

d.

Continuance. In circumstances where further resolution is required, the Commission may continue final action until further information is ascertained or the resolution of conflicts occurs.

(6)

Final development plans procedures.

a.

Only after the Planning Commission has approved the preliminary development plan, then the petitioner must present a final development plan as set forth in subsection (h)(2)(b) prior to the issuance of any building permits. The final development plan must be reviewed to ensure that:

1.

The plan complies with the preliminary development plan.

2.

The plan complies with the Comprehensive Plan, the Zoning Code, City ordinances, regulations, policies and all other applicable laws.

3.

Where appropriate, the review agencies may assess the document and forward their comments to the Planning Department prior to final development plan approval.

4.

When all final plans are submitted the petitioner shall also make a digital submission that complies with the regulations of section 102-39(d) of the Code of Ordinances.

b.

If the final development plan complies with this subsection, the Planning Commission Chair will certify on the face of the plan that all requirements and applicable conditions have been satisfied.

(j)

Amendments to development plans. Amendments to approved development plans can be made only by official Planning Commission action following a public hearing. Content, format and procedures shall be the same as for the original submission. However, amendments which fully meet the requirements set forth hereinafter as minor amendments shall be approved and certified by the Zoning Administrator without further action by the Planning Commission.

(1)

Minor amendments defined. Minor amendments are intended to expedite approval in those situations where amendments are of minor significance and generally relate to the shifting of previously approved spaces. Such amendments:

a.

Shall not decrease the overall land area or open spaces;

b.

Shall not increase building ground area coverage, floor area, height or increase the number of dwelling units;

c.

May increase building ground area coverage for accessory buildings; or principal buildings if additions are less than ten (10) percent and additional parking can be provided without disruption to major plan elements;

d.

Shall not change the location or cross section of any street and shall not increase the number or change the location of street access points on arterial or collector streets;

e.

May include a reduction in parking spaces only when an associated reduction in floor area or number of dwelling units would permit a lesser number of minimum required off-street parking spaces than required for the original development plan. To qualify as a minor amendment this reduction may not be less than would be required by the zoning regulations.

(2)

Procedures for minor amendments.

a.

Review. The City shall review the plan for compliance with all applicable requirements and ordinances. Concerned agencies as appropriate shall be consulted to assure proper plan review. Upon determination that all requirements have been met, planning staff shall submit their findings to the Planning Commission Chair for certification. If any question arises as to compliance, the plan shall be referred to the Planning Commission.

b.

Certification. Upon certification of approval by the Planning Commission Chair, planning staff shall have copies of the plan prepared and distributed to other public agencies at the expense of the petitioner and return the original plan to the petitioner.

(3)

Content and format of minor amendments. Minor amendments shall have the same content and format requirements as the original development plan, except that:

a.

The title shall indicate the plan as a minor amendment;

b.

A note shall be added listing the exact nature of the requested changes;

c.

The following shall be the required language for the Planning Commission Chair's certification affixed to the plans: "I do hereby certify that this development plan amendment complies with Zoning Ordinance provisions regarding amendments to development plans";

d.

Owners of interest shall complete a certification to be signed and witnessed as follows: "I (We) do hereby certify that I am (we are) the only owner(s) of the property shown hereon and do adopt this as my (our) development plan for the property."

(k)

Relationship to subdivision regulations. The relationship between development plans and the subdivision regulations are established as follows:

(1)

Applicability of subdivision regulations. Although development plans are not subdivision plats, quite often the development plan does indicate a need or intent to subdivide property. For any such development plan, the design and improvement standards contained within the subdivision regulations shall be applied to proposals contained on the development plan.

(2)

Combining plans. Development plans and preliminary subdivision plats may be combined. It is recognized that for certain development situations it can be advantageous to both the petitioner and the Planning Commission to combine requirements for development plans and preliminary subdivision plats in order to streamline development approval while not reducing the quality of the review. The following provisions shall be applicable to any such combined plan:

a.

The petitioner shall meet with planning staff no later than five (5) business days in advance of the filing deadline to discuss the appropriateness of filing a combined plat.

b.

The plan shall show all information required for a development plan and a preliminary subdivision plat as set forth in the subdivision regulations.

(3)

Substitution of plans. A preliminary or final subdivision plat may be substituted for development plans required in conjunction with map amendment requests. It is recognized in certain cases a preliminary or final subdivision plat would be as appropriate, or more appropriate, to be considered in conjunction with a map amendment request than would a development plan. Generally, such situations involve developments where placement of structures will be tightly controlled by the streets, lot pattern, setbacks and where the petitioner has plans prepared at the required level of detail for subdivision plats prior to receiving a zone change approval. When a petitioner is required to provide a development plan in conjunction with a zoning map amendment request, the petitioner may file a subdivision plat in place of the development plan, if deemed appropriate by the City. In any disputed case, the City shall make the final judgment as to whether a development plan or subdivision plat is required.

(Ord. No. 2020-8-8649, § 1, 8-12-2020; Ord. No. 2022-10-8752, § 1, 10-25-2022)

Editor's note— Ord. No. 2020-8-8649, § 1, adopted August 12, 2020, amended § 126-176 in its entirety to read as herein set out. Former § 126-176, pertained to amendments and development plans, and derived from the Code of 1968, app. A, § 83; the Code of 1996, § 156.115; the Code of 1997, § 126-176; Ord. No. 76-10-1339, adopted October 26, 1976; Ord. No. 92-5-4774, adopted May 19, 1992; Ord. No. 98-7-5900, adopted July 21, 1998 and Ord. No. 2009-3-7524 adopted March 10, 2009.

If any building or structure is erected, constructed, reconstructed, repaired, converted, or any building, structure, or land is used in violation of this chapter, the enforcement officer or other appropriate authority or any adjacent or other property owner who would be damaged by such violation, in addition to other remedies, may institute injunction, mandamus or other appropriate action in proceeding to stop the violation in the case of such building, structure or land.

(Code 1968, app. A, § 75; Code 1996, § 156.116; Code 1997, § 126-177; Ord. No. 76-10-1339, 10-26-1976)

Where an act or omission is prohibited or declared unlawful in this chapter, and no penalty of fine or imprisonment is otherwise provided, the offender shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $500.00, or be imprisoned for not more than thirty (30) days, or both, for each offense or violation. Every day the offense continues shall be deemed to constitute a separate offense.

(Code 1996, § 156.999; Code 1997, § 126-178)