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A. Permitted uses: these are the uses which are permitted on property zoned R-1H as outlined on the official zoning map:
1. Single-family residential dwellings, detached.
B. Accessory uses:
1. Customary accessory buildings and uses.
4. Home occupations, subject to the restrictions and limitations established in § 9.11.
C. Conditional uses:
1. Bed and Breakfast, with the following restrictions:
a. The property must be a lawful, existing nonconforming use, i.e., a two or more family unit;
b. 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;
c. The owner shall live in the dwelling unit and operate the bed and breakfast establishment; only members of the owner’s family residing on the premises may take part in the operation of the bed and breakfast business;
d. Food service may be provided for resident guests only;
e. No exterior alterations and/or additions shall be permitted for the purpose of increasing the number of guest rooms/units;
f. Interior alterations should maintain the unique characteristics of the structure, if possible;
g. One parking space per guest room/unit and two (2) parking spaces for the owner shall be provided on site. Parking shall be limited to the side and rear yards and new parking areas shall be screened from adjacent properties with a six (6) foot high masonry or wood fence, or dense vegetation;
h. A site plan as regulated by § 9.19 of this appendix shall be required;
i. An occupational license must be obtained to operate the bed and breakfast.
D. Area and height regulations for permitted uses:
1. Minimum lot area: 4,000 square feet.
2. Minimum lot width at building setback line: 40 feet.
3. Minimum front yard depth: 20 feet.
4. Minimum side yard width: 5 feet on each side of the lot.
5. Minimum rear yard depth: 25 feet.
6. Maximum building height: 35 feet.
E. 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. Special infill development standards apply in built-up areas to help ensure that new development is compatible with the surrounding context.
(Ord. 2017-6, passed 4-4-17; Am. Ord. 2022-3, passed 3-15-22)
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)
A. Uses permitted:
1. Mobile homes.
2. All uses permitted under and as controlled by § 10.12 R-4 (Residential Four) Zone.
B. Accessory uses:
1. Customary accessory buildings and uses.
2. Structures and uses related to and for the exclusive use of residents of the mobile home park, as follows, but excluding any commercial operations:
a. Recreational facilities and areas.
b. Rental or sales offices for lots in the mobile home park.
c. Community center.
d. Washing facilities.
C. Area and height regulations for permitted uses: no building shall be erected or structurally altered hereafter except in accordance with the following regulations:
1. Minimum site for a mobile home park: ten acres and the width of the park shall have a minimum distance of 500 feet, as measured along a deeded right-of-way.
2. Minimum lot area: 6,500 square feet.
3. Minimum lot width at minimum building setback line: 60 feet, and shall abut a deeded right-of-way.
4. Minimum front yard depth: 20 feet.
5. Minimum side yard width: 15 feet on the non-entrance side of the mobile home and 20 feet on the entrance side of the mobile home. In the event that the mobile home may have an entrance on both sides there shall be required a side yard on each side of 20 feet.
6. Minimum rear yard depth: 20 feet.
7. Maximum building height: 25 feet.
D. Other development controls:
1. Minimum setback of all buildings and structures within mobile home parks at all park boundary lines: 50 feet.
2. Patio. A patio slap of at least 180 square feet shall be provided on each mobile home lot and conveniently located at the entrance of each mobile home. The patio may extend five feet into the side yard.
3. Streets.
a. All streets within the mobile home park shall be within deeded and accepted public rights-of-way and constructed to required city specifications for subdivisions.
b. Streets shall be provided and placed on the site where necessary to furnish principal traffic ways for convenient access to each mobile home and other important facilities in the area.
4. Recreation area. There shall be required that not less than 10% of the gross area of the mobile home park be set aside, designed, constructed, and equipped as a recreational area. A minimum of one acre per recreation site shall be provided.
6. No outdoor storage of any material (usable or waste) shall be permitted in this zone, except within enclosed metal containers.
7. No lighting shall be permitted which would glare from this zone onto any street, road, highway, deeded right-of-way, or into any residential zone.
8. Where any yard of any use permitted in this zone abuts any other residential zone, a ten-foot wide screening area, as regulated by § 9.17, shall be required.
9. Mobile home parks shall be permitted in that area which is above the elevation of 493.3 feet (mean sea level), but below the elevation of 497 feet (MSL), without required flood proofing or filling, as long as the mobile homes are not permanently anchored except that they shall be required to conform to all other provisions of § 9.21.
10. A site plan, as regulate by § 9.19 shall be required for any use in this zone.
11. Comply with general mobile home regulations as set forth in KRS 219.310 through 219.410.
12. Special infill development standards apply in built-up areas to help ensure that new development is compatible with the surrounding context.
(Ord. 2017-6, passed 4-4-17; Am. Ord. 2022-3, passed 3-15-22)
A. Permitted uses: these are the uses which are permitted on property zoned R-2 as outlined on the official zoning map:
1. Two-family residential dwellings.
2. Multi-family residential dwellings.
B. Accessory uses:
1. Customary accessory buildings and uses.
C. Area and height regulations for permitted uses:
1. Minimum lot area: 20,000 square feet.
2. Maximum density:
a. Nine (9.0) dwelling units per net acre.
b. In the case of this zone, more than one principal building, as defined herein, may be permitted on one lot.
3. Minimum lot width at building setback line: 100 feet.
4. Minimum front yard depth: 40 feet.
5. Minimum side yard width:
a. One side: 10 feet.
b. Total both sides: 25 feet.
6. Minimum rear yard depth: 30 feet.
7. Maximum building height: 40 feet.
D. 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. A site plan, as regulated by § 9.19, shall be required for any use permitted in this zone.
5. Special infill development standards apply in built-up areas to help ensure that new development is compatible with the surrounding context.
1. Public schools.
2. Buildings or structures owned and operated by the Dayton Board of Education.
F. Area and height regulations for conditionally permitted uses: area and height requirements for conditionally permitted uses listed in this section shall be the same as those similarly listed in Section 10.8(E) R-1JJ, Area and Height Regulations for Conditionally Permitted Uses, of this appendix, except, reasonable additional requirements as to landscaping, lighting, screening, fencing, access ways and building setbacks may be imposed by the board of Adjustments for the protection of the adjacent properties and future uses within the zone.
(Ord. 2017-6, passed 4-4-17; Am. Ord. 2022-3, passed 3-15-22)
A. Permitted uses: these are the uses which are permitted on property zoned R-3, as outlined on the official zoning map:
1. Two-family residential dwellings.
2. Multi-family residential dwellings.
B. Accessory uses:
1. Customary accessory buildings and uses.
C. Area and height regulations for permitted uses:
1. Minimum lot area: 12,500 square feet.
2. Maximum density:
a. 20 dwelling units per net acre.
b. In the case of this zone, more than one principal building, as defined herein, may be permitted on one lot.
3. Minimum lot width at building setback line: 100 feet.
4. Minimum front yard depth: 30 feet.
5. Minimum side yard width:
a. One side: 10 feet.
b. Total both sides: 25 feet.
6. Minimum rear yard depth: 30 feet.
7. Maximum building height: 40 feet.
D. 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 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.
6. Special infill development standards apply in built-up areas to help ensure that new development is compatible with the surrounding context.
1. Public schools.
(Ord. 2017-6, passed 4-4-17; Am. Ord. 2022-3, passed 3-15-22)
A. Permitted uses: these are the uses which are permitted on property zoned R-4 as outlined on the official zoning map:
1. Multi-family residential dwellings.
B. Accessory uses:
1. Customary accessory buildings and uses.
4. Uses, as listed below, included within and entered from within any use permitted in this zone, primarily as a convenience and for the service of the occupants thereof, providing the accessory uses shall not exceed 10% of the gross floor area of the permitted uses in the building, and no exterior advertising displays for any accessory uses hall be visible from outside the building:
a. Barber or beauty shop.
b. Bookstore or newsstand.
c. Pharmacy or drug store.
d. Professional offices.
e. Snack bar or coffee shop.
f. Hobby shop.
g. Flower shop.
C. Special permitted use:
1. Municipal offices, when developed in conjunction with a permitted use in this zone.
D. Area and height regulations for permitted uses:
1. Minimum lot area:
a. One acre.
b. In the case of this zone, more than one principal building as defined herein may be permitted on one lot.
2. Maximum density: 90 dwelling units per net acre.
3. Minimum lot width at building setback line: 150 feet.
4. Minimum front yard depth: 30 feet.
5. Minimum side yard width on each side of lot: 25 feet.
6. Minimum rear yard depth: 30 feet.
7. Maximum building height: 120 feet.
E. 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.
5. Special infill development standards apply in built-up areas to help ensure that new development is compatible with the surrounding context.
(Ord. 2017-6, passed 4-4-17; Am. Ord. 2022-3, passed 3-15-22)
A. Purpose: the purposes of the Planned Unit Development (PUD) Overlay Zone are to: promote flexibility in design and permit planned diversification in the relationships between location of and types of uses and structures; promote the advantages of modern large scale site planning for community development through the efficient use of land facilitating a more economic arrangement of building , circulation systems, land uses, and utilities; preserve, to the greatest extent possible, the existing landscape features and amenities, and to utilize such features in a harmonious fashion; provide for more usable and suitably located recreation facilities, other public and common facilities than would otherwise be provided under conventional land development procedures, but always with the intention of furthering the public health, safety, and general welfare.
B. General: A Planned Unit Development Overlay Zone may be permitted only to be superimposed over any of the Residential zones, provided that all conditions or provisions of this section of the Ordinance, t applicable requirements of the subdivision regulations, and any additional requirements as may be determined necessary to provide for the most efficient layout of the PUD and its proper integration with the surrounding developments are met; and a public hearing is held on the PUD application.
C. Application and processing: application for Planned Unit Development Overlay Zone shall be processed as follows in two stages:
1. Stage I - Development Plan and Zoning Map Amendment: application for amendment to PUD Overlay Zone shall include a development plan in accordance with the requirements of § 9.20, Stage I Plan requirements.
a. The Planning Commission shall hold a public hearing on the proposed application, in accordance with the requirements of KRS Chapter 424, and review said application with regard to its compliance with the stated purposes of the PUD Overlay Zone, the required elements of the Stage I Development Plan and other applicable requirements of this section. Upon holding a hearing, the Planning Commission shall make one of the following recommendations to the City Council: approval, approval with conditions, or disapproval. The Planning Commission shall submit along with their recommendations a copy of the Stage I Development Plan and the bases for their recommendation.
b. The City Council shall, within (45) days after receiving the recommendations of the Planning Commission, review said recommendations and take action to approve, or disapprove said PUD application. Such action may incorporate any conditions imposed by the City Council. However, should the City Council take action to impose different conditions than were reviewed and considered by the Planning Commission, then said conditions shall be resubmitted to the Planning Commission, for further review and recommendation in accordance with division C.1.a. above. Approval of the PUD Overlay Zone shall require that development be in conformance with the Stage I approved plan.
c. The City Council shall forward a copy of the approved plan to the Planning Commission for further processing in accordance with the requirements for Stage II Plan and record plat.
d. Zoning map amendment. Upon approval of the PUD Overlay Zone, the official zoning map shall be amended by adding the prefix “PUD” to the existing residential Zone (e.g., PUD R-lB PUD-R-lC, and the like) for the area as shown on the Stage I approved plan.
2. a. STAGE II - plan and record plat. A Stage II development plan and record plat shall be developed in conformity with the Stage I approved plan and in accordance with the requirements of § 9.20.B. and C., and submitted to the Planning Commission for its review and approval. Except for the manner of submission and processing the subdivision regulations may be waived, where applicable, and the requirements of § 9.20(B) and (C) shall be substituted therefore. Those requirements not specifically waived by the Planning Commission shall conform with the subdivision regulations.
1) The Planning Commission shall review the submitted Stage II development plan with regard to its compliance with the required elements of § 9.20.B., for Stage II development plans, other applicable elements of this appendix, other applicable regulations, and its conformity with the Stage I approved plan. The Planning Commission, in approving the Stage II plan, may authorize minor adjustments from the Stage I approved plan, provided that the adjustments do not: affect the spatial relationship of structures, change land uses, increase overall density, alter circulation patterns (vehicular and pedestrian) or decrease the amount or usability of open space or recreation areas, or affect other applicable requirements of this appendix.
2) Upon Planning Commission approval of the Stage II plan, the Planning Commission shall review the submitted Record Plat with regard to its compliance with the required elements of subsection E.2, for Record Plats, the applicable requirements of the Subdivision Regulations, and its conformity with the Stage II approved development plan. Upon Planning Commission approval of the Record Plat, copies of said plat, certified by the Planning Commission, and suitable for recording, shall be forwarded by the Planning Commission to the office of the County Clerk to be recorded.
b. Upon approval of the Stage II plan, the Planning commission shall review the submitted record plat with regard to its compliance with the required elements of § 9.20.C., for record plats, the applicable requirements of the subdivision regulations, and its conformance with the Stage II approved plan.
c. Upon Planning Commission approval of the record plat, copies of the plat, certified by the Planning Commission, and suitable for recording, shall be forwarded by the Planning Commission to the office of the County Clerk to be recorded.
D. Residential uses and densities: all types of residential housing units (attached or detached) may be permitted within a PUD Overlay zone, including single-family, two-family, and multi-family units. The density of dwelling units in a PUD, shall be determined by the density (dwelling units per acre) as calculated from the existing residential (R) zone superimposed by the PUD Overlay Zone. This density shall be applied to the total project area excluding that land devoted to commercial uses and streets (public and private).
E. Area requirements: no PUD Overlay Zone shall be permitted on less than ten acres of land. However, development of a smaller tract adjacent to an existing PUD Overlay Zone, may be permitted, if the proposed development conforms to and extends the original development as if the new area had been a part of the original development.
F. Height, yard and setback regulations: requirements shall be as approved in the Plan.
H. Fences, walls, and signs: the location, height, and type of all fences, walls, and signs shall be as approved in the Plan.
I. Erosion and sedimentation control: effective erosion and sedimentation controls shall be planned and applied in accordance with § 9.8.
J. Common open space - recreation area: at least 20% of the total acreage of the proposed PUD shall be retained as common open space and recreation area, and dedicated to a public and/or private entity for operation and maintenance. Such open space and recreation areas shall be physically situated so as to be readily accessible, available to, and usable by all residents of the PUD. Common open space and recreation area shall be that part of the total project exclusive of dwellings, streets, parking areas, single-family lots, commercial areas, and other non-open space and non-recreational oriented facilities.
K. Amendments: any amendments to plans, except for the minor adjustments which may be permitted by the Planning Commission, shall be made in accordance with the procedure required by this appendix, subject to the same limitations and requirements as those under which such plans were originally approved.
L. Expiration: any amendment to PUD Overlay Zone shall be subject to the time constraint, as noted below. Upon expiration of the time period and any extension thereto, the City Council may initiate a request for a public hearing by the Planning Commission, in accordance with the requirements of KRS Chapter 100, for the purpose of determining whether said PUD Overlay Zone should revert to its original zoning designation. A public hearing may be initiated if either of the following conditions apply:
1. Stage II Plan has not been approved by the Planning Commission within a period of twelve (12) consecutive months from the date of the Stage I approved Development Plan on Overlay Zone Amendment by the City Council; provided that an extension may be permitted upon approval of the City Council or its duly authorized representative if sufficient proof can be demonstrated that prevailing conditions have not changed appreciable to render the Stage I approved plan obsolete.
2. Substantial construction has not been initiated within a period of 12 months from the date of approval of the Stage II Plan by the Planning Commission; provided that an extension may be permitted upon approval of the City Council or its duly authorized representative if sufficient proof can be demonstrated that the construction was delayed due to circumstances beyond the applicant’s control, and that prevailing conditions have not changed appreciably to render the Stage I approved Development Plan obsolete. The amount of construction constituting initiating substantial construction shall be as approved in the Stage I approved plan.
(Ord. 2017-6, passed 4-4-17)
A. Purpose: the purposes of the Residential Cluster Development (RCD) Overlay Zone are to provide a means whereby clusters of attached and detached single-family residential units may be constructed in the R-1 Residential Zones, and therein, through a development plan, permit a wide flexibility in the design, location, siting of buildings, in order to provide for, to the greatest extent possible, the preservation of hillside areas, and other natural geographic and topographic features, and to provide for more usable and suitable located recreation facilities and open space than would otherwise be provided under conventional R-1 residential land development procedures.
B. General: a Residential Cluster Development Overlay Zone may be permitted only to be superimposed over any of the R-1 Residential Zones, provided that all conditions on provisions of this section of the ordinance the applicable requirements of the subdivision regulations, and any additional requirements as may be determined necessary to provide for the most efficient layout of the RCD overlay zone and its proper integration with the surrounding development are met; and a public hearing is held on the RCD application.
C. Application and processing: applications for Residential Cluster Development Overlay Zone shall be processed as follows in two stages:
1. STAGE I Development Plan and Zoning Map Amendment. Application for amendment to RCD Overlay Zone shall include a development plan in accordance with the requirements of § 9.20.A, Stage I Plan Requirements.
a. The Planning Commission shall hold a public hearing on the proposed application, duly noticed, in accordance with the requirements of KRS Chapter 424, and review said application with regard to its compliance with the stated purposes of the RCD Overlay Zone, the required elements of the Stage I Plan and other applicable requirements of this section. Upon holding such hearing, the Planning Commission shall make one of the following recommendations to the legislative body; approval, approval with condition of disapproval. The planning commission shall submit along with their recommendations a copy of the Stage I Plan and the bases for their recommendations.
b. The City Council shall, within 45 days after receiving the recommendations of the Planning Commission, review said recommendation and take action to approve or disapprove said RCD application. Such action may incorporate any conditions imposed by the City Council. However, should the City Council take action to impose different conditions than were reviewed and considered by the Planning
Commission then said conditions shall be resubmitted to the Planning Commission for further review and recommendations in accordance with division C.1.a. above. Approval of the RCD Overlay Zone shall require that development be in conformance with the Stage I approved plan.
c. The City Council shall forward a copy of the approved plan to the Planning Commission for further processing in accordance with the requirement for Stage II Plan and record plat.
d. Zoning map amendment - upon approval of the RCD Overlay Zone, the official zoning map shall be amended by adding the prefix “RCD” to the existing residential (R-1) Zone (such as RCD-R-1B, RCD-R-1C, and so on) for the area as shown on the Stage I approved plan.
2. Stage II Development Plan and Record Plat: a Stage II Plan
and record plat shall be developed in conformance with the Stage I approved plan and in accordance with the requirements of § 9.20.B. and C., and submitted to the Planning Commission for its review and approval. Except for the manner of submission and processing, the subdivision regulations may be waived, where applicable, and the requirements of § 9.20.B. and C. shall be substituted therefore. Those requirements not specifically waived by the Planning Commission shall conform with the subdivision regulations.
a. 1) The Planning Commission shall review the submitted Stage II Plan with regard to its compliance with the required elements of § 9.20.B., for Stage II development plans, other applicable elements of this appendix, other applicable regulations, and its conformity with the Stage I approved plan. The Planning Commission, in approving the Stage II Plan, may authorize minor adjustments from the Stage I approved plan, provided that the adjustments do not: change land uses, increase overall density, significantly alter circulation patterns (vehicular and pedestrian) or decrease the amount or usability of open space or recreation areas or affect other applicable requirements of this appendix.
2) Upon Planning Commission approval of the Stage II Plan, a copy of the Plan, shall be forwarded to the City Inspector/Zoning Administrator, who shall grant permits only in accordance with the Stage II approved plan and other plans as may be required by this appendix.
b. 1) Upon approval of the Stage II Plan, the Planning Commission shall review the submitted record plat with regard to its compliance with the required elements of § 9.20.C., for record plats, the applicable requirements of the subdivision regulations, and its conformance with the Stage II approved plan.
2) Upon Planning Commission approval of the record plat, copies of the plat, certified by the Planning Commission, and suitable for recording, shall be forwarded by the Planning Commission to the office of the County Clerk to be recorded.
D. Residential uses and densities: attached and detached single-family dwellings may be permitted, including customary accessory uses to the permitted residential uses, within a RCD Overlay zone. The density of dwelling units in a RCD, shall be determined by the density (dwelling units per net acre) as calculated from the existing residential R-1 zone superimposed by the RCD Overlay Zone. This density shall be applied to the total project area excluding that land devoted to streets (public and private).
E. Area requirements: except as herein provided, no RCD Overlay Zone shall be permitted on less than five acres of land. Development of a smaller tract adjacent to an existing RCD Overlay Zone may be permitted, if the proposed development conforms to and extends the original development as if the new area had been a part of the original development. In addition, the RCD Overlay Zone may be permitted on less than five acres, if approved by the Planning Commission, according to the following criteria:
1. The proposed development tract would be well integrated with adjacent development so that it would not adversely affect adjacent development;
2. The limited size of the proposed development tract would not result in the creation of properties which would be unusable or which would be isolated by this development.
3. The proposed development would connect to or extend existing circulation systems (vehicular and pedestrian) and not create a traffic hazard;
4. The proposed development, including accessory uses would be designed so that any noise-creating activities or visually unattractive areas (such as dumpsters) would be buffered from adjacent properties; and
5. The proposed development tract would be a logical parcel of land for development and not be a series of fragmented parcels intermixed with existing development.
F. Height, yard and setback regulations: requirements shall be as
approved in the plan.
H. Fences, walls, and signs: the location, height and type of all fences, walls, and signs shall be as approved in the plan.
I. Erosion and sedimentation control: effective erosion and sediment controls shall be planned and applied in accordance with § 9.8.
J. Common open space - recreation area: at least 20% of the total acreage of the proposed RCD shall be retained as common open space and recreation area, and dedicated to a public or private entity for operation and maintenance. The open space and recreation areas shall be physically situated so as to be readily accessible, available to, and usable by all residents of the RCD. Common open space and recreation area shall be that part of the total project exclusive of dwellings, streets, parking areas, single-family lots, commercial areas, and other non-open space and non-recreationally oriented facilities.
K. Amendments: any amendments to plans, except for the minor adjustments which may be permitted by the Planning Commission, shall be made in accordance with the procedure required by this appendix, subject to the same limitations and requirements as those under which such plans were originally approved.
L. Expiration: any amendment to RCD Overlay Zone shall be subject to the time constraints, as noted below. Upon expiration of the time period and any extensions thereto, the City Council may initiate a request for a public hearing by the Planning Commission, in accordance with the requirements of KRS Chapter 100, for the purpose of determining whether said RCD Overlay Zone should revert to its original zoning designation. A public hearing may be initiated if either of the following conditions apply:
1. A Stage II Plan has not been approved by the Planning Commission within a period of 24 consecutive months from the date of the Stage I approved plan and RCD Overlay Zone amendment by the City Council; provided that an extension may be permitted upon approval of the legislative body or their duly authorized representative if sufficient proof can be demonstrated that prevailing conditions have not changed appreciably to render the Stage I approved plan obsolete.
2. Substantial construction has not been initiated within a period of 12 consecutive months from the date of approval of the Stage II Plan by the Planning Commission; provided than an extension may be permitted upon approval of the City Council or its duly authorized representative if sufficient proof can be demonstrated that the construction was delayed due to circumstances beyond the applicant’s control, and that prevailing conditions have not changed appreciably to render the Stage I approved plan obsolete. The amount of construction constituting initiating substantial construction shall be as approved in the Stage I approved plan.
(Ord. 2017-6, passed 4-4-17)
A. Purpose: the purposes of the Central Business District (CBD) Zone are to:
1. Provide for planned business district of special interest to the proper development of the city;
2. Promote the revitalization of the existing business district of the city;
3. Promote flexibility in the design and development of the business district, in a planned and coordinated fashion; and
4. Provide for the neighborhood commercial-type needs of the city and the surrounding area.
B. Criteria for evaluation of development in the CBD: in order to encourage and guide the development of the city’s business district in a way that will result in a coordinated approach to the entire area and ensure its proper integration into the surrounding community, the following criteria shall be used as the basis to evaluate any new development, including expansions or changes to existing development, in the area zoned CBD (refer to Figure 1 of this section, which illustrates some of these criteria):
1. High intensity retail/service (for example, high activity or traffic generators) uses shall be encouraged to locate adjacent to Sixth Avenue;
2. Pedestrian access shall be encouraged/promoted along Sixth Avenue via the provision of continuous sidewalks, crosswalks, and pedestrian resting areas or shelter areas;
3. Vehicular access shall be encouraged along the periphery of the CBD Zone boundaries (such as 5th, 7th, McKinney and Berry Streets, and the alleys);
4. Curb cuts directly onto Sixth Avenue will be severely restricted in order to promote the pedestrian (mall-type) orientation of Sixth Avenue (State Route 8) as the major arterial street through the city. Access is to be encouraged from existing streets intersecting with Sixth Avenue, the alleys, or fifth or Seventh Avenues;
5. The existing alleys should be utilized for the provision of off-street parking or loading areas via the resurfacing and widening of the alleys;
6. Pedestrian links should be provided from parking along the alleys or from off-street parking facilities to the primary activity areas;
7. Those areas within the CBD Zone which are adjacent to existing residential development, specifically the areas abutting 5th and 7th Streets are transitional areas between the high intensity commercial development along Sixth Avenue and the residential development. Every effort should be made to utilize these areas for off-street parking facilities to provide a transition (or buffer area) as well as encourage access on the periphery of the business district. Any other type of development in these areas should be designed in a manner as to be beneficial to the business area and not be detrimental to those areas which are zoned for residential uses;
8. The fagade treatment of buildings including the utilization of sings, in the CBD Zone should be relatively uniform in design and type of materials in order to improve the overall attractiveness of the business district;
9. The orientation of commercial buildings should be towards the alley as well as towards Sixth Avenue (front, rear, or side entrance) in order to promote the best utilization of the alleys and the safety or ease of access for customers;
10. Areas adjacent to existing residences should be landscaped to protect the existing residential development. Lighting should be provided for the safety of customers, but should not glare onto adjacent residences. Wherever possible, areas within the CBD Zone should also be landscaped to improve the attractiveness of the business district;
11. Private off-street parking facilities shall be located within a reasonable walking distance of the use they are intended to serve.
C. Permitted uses: these are the uses which are permitted on property zoned CBD as outlined on the official zoning map providing that they are in general conformance with the CBD plan:
1. Retail sales and service businesses as listed below:
a. Adult day care center or facility;
b. Advertising agency;
c. Antique shop;
d. Apparel shop;
e. Art supplies;
f. Automobile service center;
g. Bait shop;
h. Bakery and bakery goods store where the products are sold exclusively on the premises;
i. Banks and other financial institutions including savings, loan, finance companies;
j. Barber shops;
k. Beauty shops;
l. Book, stationary, and gift shop;
m. Bus shelter;
n. Camera and photographic supplies;
o. Candy, soda fountain and ice cream stores;
p. Carpet and rug stores;
q. Ceramic shop;
r. Delicatessen;
s. Drug store;
t. Dry cleaners and laundromats;
u. Eating and drinking places;
v. Employment agencies;
w. Florist;
x. Food store;
y. Funeral home and parlors;
z. Furniture store including upholstery;
aa. Garden supplies;
bb. Glass, china, or pottery store;
cc. Haberdashery;
dd. Hardware store;
ee. Health spas;
ff. Hobby shops;
gg. Household and electrical appliance store (including incidental repair);
hh. Interior design/decorating store;
ii. Jewelry store (including repair);
jj. Leather goods and luggage store;
kk. Locksmith shop;
ll. Music, musical instruments, and records store (including incidental repair);
mm. Office appliances and supplies store;
nn. Offices (such as realtors, private consulting firms, medical, dental, legal);
oo. Off-street parking lots and parking garages;
pp. Opticians and optical supplies;
qq. Package liquor and alcoholic beverage store;
rr. Paint and wallpaper store;
ss. Pet shops, excluding boarding and outside runs;
tt. Plant shop;
uu. Printing shop;
vv. Radio and television stores, including repair;
ww. Service station, including auto repair facilities;
xx. Shoe store and repair;
yy. Sporting goods;
zz. Studios for professional work on teaching of any form of fine arts, photography, music, drama or dance;
aaa. Tailor shop;
bbb. Toy store;
ccc. Travel bureau; and
ddd. Variety store, including notations and five and ten stores.
2. Public and semi-public uses as listed below:
a. Fire and police stations;
b. Civic building, community center, public administration building or public parks;
c. Library; and
d. Existing churches
3. Residential dwelling units, second and third floors or attached to the rear of a commercial use.
4. Single family residences.
D. Conditional uses:
1. Child day care facilities;
2. Tattoo and body piercing establishments.
3. Drive-through facilities may be provided subject to the following requirements:
a. Access management controls be utilized to protect existing pedestrian and vehicular flows, including the limitation or closure of curb cuts.
b. The proposed drive-through window for ordering or pick up will not be on a building elevation that abuts a residential zone.
c. The drive-through may only operate between the hours of 7:00 a.m. and 7:00 p.m.
E. Accessory uses: the following uses shall be permitted as accessory uses in conjunction with a permitted use in the CBD Zone, providing they are in general conformance with the criteria for evaluation of development in the CBD:
1. Fences and walls, as indicated on the required site plan and approved by the Planning Commission;
3. Customary accessory buildings or uses.
F. Area, height, and yard requirements: requirements for all permitted and accessory uses shall be as approved by the Planning Commission, in the form of a site plan, as regulated by § 9.19 and provided that the proposed improvements are in general conformance with the criteria for evaluation of development in the CBD.
1. Off-street parking and loading or unloading areas shall not be required to be located on the same zoning lot as the proposed improvements, but shall be located within the area zoned CBD and in general conformance with the criteria for evaluation or development in the CBD;
2. The applicant/owner/developer of the proposed improvement shall provide the required number of off-street parking spaces as provided for in this appendix, except that a fee may be paid to the Dayton Parking Authority if approved by the Planning and Zoning Commission in lieu of all or part of the required number of spaces for the provision of public parking facilities.
H. Zoning permit access:
1. Application for a zoning permit to authorize any construction, reconstruction or alteration of any building or other improvement in the CBD Zone, shall be filed with the City Inspector/Zoning Administrator. The application shall be accompanied with a site plan, in accordance with § 9.19, indicating the proposed improvements to be made;
2. The City Inspector/Zoning Administrator shall submit the site plan to the Planning Commission for their review, who shall make a determination whether or not the proposed improvements (new construction, an addition to existing development, accessory uses, parking, and the like) are in general conformance with those criteria, and all other applicable requirements of this appendix are met, the Planning Commission shall approve the plan and authorized the City Inspector/Zoning Administrator to issue a zoning permit for the proposal;
3. If the Planning Commission determines that the proposed improvements are not in general conformance with the criteria for evaluation of development in the CBD, it shall be disapproved and a zoning permit shall not be issued unless the site plan is revised, which would result in the proposed improvements becoming in general conformance with the criteria for evaluation of development in the CBD.
I. Site plan variations to the criteria for evaluation of development in the CBD: when reviewing the site plan for a proposed improvement, the Planning Commission may approve a site plan that includes minor variations from the criteria for evaluation of development in the CBD provided that the variation does not adversely affect or develop other criteria.
J. Other development controls:
1. No outdoor storage of any material (usable or waste) shall be permitted in this zone except within enclosed containers;
2. No lighting shall be permitted which would glare from this zone onto any street or into any residential area;
3. No use producing objectionable odors, noise, or dust, as protect and adjacent residential uses and approved by the Planning Commission, shall be permitted in this zone;
4. Screening areas shall be provided where necessary to protect adjacent residential uses and approved by the Planning Commission according to the required site plan;
5. All business activities permitted within this zone shall be conducted within a completely enclosed building with the exception of off-street parking and loading or unloading areas, gas pumps, incidental minor auto repairs (such as changing tires), mobile food vending, and outdoor dining.
Figure 1:
(Ord. 2017-6, passed 4-4-17; Am. Ord. 2017-5, passed 4-4-17; Am. Ord. 2019-4, passed 3-5-19; Am. Ord. 2019-10, passed 5-7-19
; Am. Ord. 2021-15, passed 9-7-21
)
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