§ 155.040  GENERAL PROVISIONS FOR RESIDENTIAL DISTRICTS.
   Within all residential districts (R-1, R-2, R-3, R-4), the following regulations shall apply.
   (A)   Uses permitted:
      (1)   Single and multiple family dwellings including apartment houses, customary general horticultural uses and buildings incidental thereto including noncommercial greenhouses. In an R-1 District, the only dwelling structures allowed shall be single-family dwellings;
      (2)   The following uses are special exceptions and require approval of the Board of Zoning Adjustment; nursery schools and kindergartens; churches and other places of worship; parish houses; public libraries; schools offering general educational courses and institutions of higher learning; public parks and other public recreational facilities; electric transformer stations, gas regulator stations and other public utility facilities; municipal, county, state and federal uses; cemeteries; nursing homes; hospitals for human care; philanthropic institutions; radio, telephone and television transmission towers and facilities; and clubs, except a club the chief activity of which is customarily carried on as a business. The Board of Zoning Adjustment may deny approval or attach certain conditions and requirements to its approval which it feels are necessary in order to preserve and protect the character of the district in which the proposed use would locate;
      (3)   Accessory buildings or uses customarily incidental to any aforementioned permitted use, under the following conditions:
         (a)   The taking of boarders or tourists or the leasing of rooms by the family resident on the premises. Not more than three rooms shall be used for those purposes. For the purpose of advertising the use, one sign not over two square feet in area may be used provided that it is attached to the house. This use is prohibited in an R-1 District except with the permission of the Board of Zoning Adjustment;
         (b)   Professional offices, studios or customary home occupations conducted within the principal building but only by a person or persons resident in the dwelling, provided not more than one person who does not reside on the premises is employed regularly, and provided not more than 25% of the total floor area of any dwelling unit is devoted to the use. For the purpose of advertising the use, one sign not over two square feet in area may be used provided that it is attached to the house. No displays or change in facade shall indicate from the exterior that the building is being utilized in whole or in part for any purpose other than a dwelling. This use is prohibited in R-1 District except with the permission of the Board of Zoning Adjustment; and
         (c)   One sign advertising the sale, rental or lease of the building, furnishings or land upon which it is posted. This sign shall not be more than 12 square feet in area.
      (4)   Private swimming pools, when they meet yard depth and width requirements for principal buildings in the district in which they are located, and when the swimming pool or the property on which it is located is adequately fenced to prevent the free access of small children.
      (5)   Licensed family child care homes as defined in KRS 199.894 and as regulated by 922 KAR 2:100 shall be a permitted use in R-2, R-3 and R-4 Districts.
   (B)   Uses prohibited:
      (1)   Advertising signs and billboards with the exception of the signs specifically permitted under division (A)(3)(a) through (c) above and a sign or signs already existing on the premise of a nonconforming use at the time of the enactment or subsequent amendment of this chapter or at the time the area in which the nonconforming use is located is annexed to the city provided the sign or signs advertise goods actually sold or services actually rendered on the premises of the nonconforming use; and
      (2)   Any other use not specifically permitted under division (A)(1) above or permitted as a special exception under this section.
   (C)   Height: no building or structure shall exceed two stories or 30 feet in height unless each side yard is increased over the required minimum by five feet for every five feet, or fraction thereof, of additional height over 30 feet. In no case shall the height exceed 50 feet.
   (D)   Front, side and rear yards: all buildings, except unattached one-story buildings of accessory use shall meet at least the following yard space requirements.
      (1)   (a)   Front yard depth:
            1.   R-1 District: 50 feet;
            2.   R-2 District: 40 feet;
            3.   R-3 District: 30 feet; and
            4.   R-4 District: 30 feet.
         (b)   In any residential district, if 50% or more of the area of lots on the same side of a street between any two intersecting streets have permanent dwelling structures on them at the time of the enactment or subsequent amendment of this chapter or at the time of annexation of the area, all buildings constructed on or moved to the remaining vacant lots or vacant area on the same side of the street and between the two intersecting streets shall have front yard depths that are at least as great as the average front yard depth of the existing dwelling structures. However, in no case shall the front yard depth required under the provisions of this division be less than 50% of the front yard depth required in the district by the provisions of division (D)(1) above. A street which enters from the opposite side and dead-ends into the street upon which the area or lots in question front shall be considered an intersecting street for the purposes of this division. The length of the area along the front street to be considered in determining the front yard depth to be required shall be measured between the right-of-way lines or the right-of-way lines extended of the two intersecting streets which delineate the area. If the distance measured along the front street between the right-of-way lines or right-of-way lines extended of the nearest intersecting streets is greater than 1,200 feet, the length of the area to be considered in determining the front yard depth to be required shall include:
            1.   The width of the lot or area in question;
            2.   The distance from a lot line of the lot or area in question to the nearest street right-of-way or a distance of 600 feet whichever is less; and
            3.   The distance from the opposite lot line of the lot or area in question to the nearest street right-of-way or a distance of 600 feet whichever is less.
         (c)   Front yard on corner lots: all buildings and structures placed on corner lots shall observe front yard requirements on both streets.
      (2)   Rear yard depth:
         (a)   R-1 District: 25 feet;
         (b)   R-2 District: 25 feet;
         (c)   R-3 District: 25 feet; and
         (d)   R-4 District: 25 feet.
      (3)   Side yard width:
         (a)   R-1 District: 12 feet;
         (b)   R-2 District: ten feet;
         (c)   R-3 District: eight feet;
         (d)   R-4 District: eight feet for semi-detached; and
         (e)   R-4 District: zero feet for attached.
   (E)   Accessory buildings: no accessory building shall be erected in any required front or side yard. Accessory buildings shall not cover more than 30% of any required rear yard, and they shall be at least five feet from all lot lines and from any other building on the same lot.
(2000 Code, App. B, § 51)  (Ord. 14-01, passed 2-3-2014)