A. Permitted uses: these are the uses which are permitted on property zoned R-1JJ as outlined on the official zoning map:
1. Single-family residential dwellings, detached.
2. Within the Historic District (HP) Overlay Zone, retail sales and service businesses located within one hundred (100) feet of an intersection with 6th Avenue, as listed below:
a. Apparel shops;
b. Artisan/craft studios;
c. Art studios;
d. Bakeries and bakery goods stores where the products are sold exclusively on the premises;
e. Barber shops/hair salons;
f. Book, stationary, and gift shops;
g. Candy, soda fountain and ice cream stores;
h. Coffee shops;
i. Delicatessens;
j. Florist shops;
k. Personal trainer/small group fitness;
l. Small professional offices (such as realtors, private consulting firms, medical, dental, legal);
m. Off-street parking lots and parking garages;
n. Professional teaching studios on any form of fine arts, photography, music, drama or dance;
o. Sporting goods.
3. Professional office, excluding clinics, with the following restrictions:
a. The professional office shall be an adaptive reuse of a building or structure constructed prior to January 1, 2022;
b. No exterior alterations and/or additions shall be permitted for the purpose of increasing the building capacity;
c. Gross floor area of building shall be four thousand (4,000) square feet or greater;
d. May be included within and entered from within any use permitted in this zone; and
e. On-site parking shall be provided if the number of employees on the shift of largest employment exceeds three (3).
B. Accessory uses:
1. Customary accessory buildings and uses.
4. Home occupations, subject to the restrictions and limitations established in § 9.11.
5. Mobile food vending vehicle as an accessory use to a permitted non-residential use.
1. Churches and other buildings for the purpose of religious worship, provided they are located adjacent to an arterial or collector street.
2. Fire and police stations.
3. Governmental offices, including city buildings and city garages.
4. Institutions for higher education, providing they are located adjacent to an arterial street.
5. Clinics, sanitariums, nursing homes, and homes for the aged, provided they are located adjacent to an arterial street.
6. Nursery schools, daycare or family care facilities that comply with item 13.b. of this section.
7. Public and parochial schools.
8. Publicly owned or operated parks, playgrounds, golf courses, community recreational centers, including public swimming pools and libraries.
9. Recreational uses other than those publicly owned or operated, inclusive of swimming pools, but not including private swimming pools associated with a permitted use in this zone.
10. Funeral homes, provided they are located adjacent to an arterial street.
11. Art studio, art instruction, retail sales of art supplies or retail sales of art work.
12. Bed and breakfast, with the following restrictions:
a. The total number of guest units plus the owner’s unit shall not exceed the existing, lawful nonconforming use in the total number of residential units;
b. The resident on-site manager shall live in the dwelling unit and operate the bed and breakfast establishment;
c. Food service may be provided for resident guests only;
d. No exterior alterations and/or additions shall be permitted for the purpose of increasing the number of guest rooms/units;
13. Family child-care home, with the following restrictions:
a. Any portions of the building used for other than child care shall not interfere with the day care program;
b. The facility shall meet all state requirements and be certified as a family home child care center by the Kentucky Cabinet for Health and Family Services or its successor agency.
14. Child-care center, with the following restrictions:
a. Any portions of the building used for other than child care shall not interfere with the day-care program;
b. The facility shall meet all state requirements and be licensed as a Type I or Type II Child Care Facility by the Kentucky Cabinet for Health and Family Services or its successor agency.
15. Event facility, with the following restrictions:
a. The event facility shall be an adaptive reuse of a building or structure constructed prior to January 1, 2020;
b. No exterior alterations and/or additions shall be permitted for the purpose of increasing the building capacity;
c. May be included within and entered from within any use permitted in this zone;
d. The sale of alcoholic beverages may be permitted only if food is served at the event.
D. Area and height requirements for permitted uses:
1. Minimum lot area: 2,500 square feet.
2. Minimum lot width at building setback line: 25 feet.
3. Minimum front yard depth: 10 feet.
4. Minimum side yard width:
a. Total for both sides, 6 feet.
b. Minimum for one side, 3 feet.
c. In the case of a side yard which abuts a street (a corner lot) the yard shall be the average setback of adjacent structures along the same street frontage.
5. Minimum rear yard depth: 25 feet.
6. Maximum building height: 35 feet.
E. Area and height requirements for conditionally permitted uses:
Use | Minimum lot area | Minimum lot width | Minimum front, side, and rear yards (one) | Maximum bldg. height |
Publicly owned and/or operated parks, playgrounds, recreations centers, including public swimming pools and libraries | 5,000 square feet | 50 feet | 10 feet | 35 feet |
Nursery schools/day care centers | 5,000 square feet | 50 feet | 10 feet | 35 feet |
Churches, fire 12, and police stations; governmental offices; event facilities | 5,000 square feet | 50 feet | 15 feet | 40 feet |
Clinic sanitarium, nursing homes, and homes for the aged; private recreational uses; funeral homes; city garages | 1/2 acre | 100 feet | 25 feet | 40 feet |
Public and parochial schools; institutions | 1 acre | 150 feet | 25 feet | 40 feet |
1. Any screening areas required by this appendix may be provided within the minimum yard requirements.
F. Other development controls:
2. No outdoor storage of any material (usable or waste) shall be permitted in this zone except within enclosed containers.
3. No lighting shall be permitted which would glare from this zone onto any street or into any adjacent property.
4. Where any yard of any conditional use permitted in this zone abuts property in a single-family residential zone, a ten-foot wide screening area, as regulated by § 9.17, shall be
required.
5. Special infill development standards apply in built-up areas to help ensure that new development is compatible with the surrounding context.
G. Parking requirements for conditionally permitted uses:
1. Off-street parking: the number of off-street parking spaces should equal the number of spaces that were provided during the most recent occupancy of the structure. If no spaces were provided, then no additional spaces shall be required for the new use as long as the proposed use is in the same category “Types of Uses” listed under § 11.3. If the proposed type of use is different from the previous type of use and requires additional parking spaces, the Board of Adjustments may consider fewer spaces as long as the neighborhood is not adversely impacted. Days of operation, time of day, the type of business and other pertinent information may be used to determine whether or not the neighborhood would be adversely impacted by insufficient off-street parking.
(Ord. 2017-6, passed 4-4-17; Am. Ord. 2017-13, passed 6-20-17; Am. Ord. 2020-1, passed 3-3-20; Am. Ord. 2021-15, passed 9-7-21; Am. Ord. 2022-3, passed 3-15-22; Am. Ord. 2022-10, passed 5-3-22)