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Franklin County, KY Code of Ordinance
FRANKLIN COUNTY, KENTUCKY CODE OF ORDINANCES
ADOPTING ORDINANCE
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
Comprehensive Ordinance Table
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§ 155.123 CRAFT DISTILLERIES AND SMALL FARM WINERIES (NOT IN INDUSTRIAL DISTRICTS).
   (A)   Purpose. The purpose of this section is to define a “craft distillery” and “small farm winery” and place conditions upon its operation that will allow it to be an asset to its immediate surroundings as well as to prevent any conflicts with the rural nature of the location of said distilleries.
   (B)   Conditions. In order to limit the adverse effect on adjacent surrounding property, the following conditions must be met prior to the issuance of any conditional use permit by the Board of Zoning Adjustments.
      (1)   Delivery of any supplies and pick-up of finished products shall not be carried out by vehicles with more than three axles.
      (2)   The distillery/winery shall not operate between the hours of 9:00 p.m. and 7:00 a.m. (with the exception of any incidental activities of an agricultural nature). (*The fermentation of the distillery’s product does not constitute “operation” for the purposes of this requirement.)
      (3)   The craft distillery/winery must be located on a lot that is a minimum of 50 acres.
      (4)   If a distillery, the location of the actual distillery facility (i.e., mashtun, fermenters, still or bottling facilities) shall be located a minimum of 150 feet from every property line. In the case of a winery the location of the fermenters, and bottling facilities shall be located a minimum of 150 feet from every property line.
      (5)   Any retail sale on site shall be clearly incidental to the distillery operation and in compliance with the applicable state and federal statutes.
      (6)   Craft distilleries or small farm wineries in residential or agricultural zones shall not produce more than 50,000 gallons per year of finished product. This production maximum includes any product distilled off-site and/or shipped in to be blended and/or bottled on site. (**For reference, “small farm wineries” have a maximum production of 50,000 gallons annually as licensed in the commonwealth.)
      (7)   Any proposal for a conditional use shall be accompanied by a site plan showing all ingress, egress, building site (existing and proposed), all utilities, means of fire protection, parking layout and other information as may be required by the staff or Board of Zoning Adjustments.
(Ord. 8, passed 10-23-1987, § 15.19; Ord. 3 (2010), passed 5-21-2010) Penalty, see § 155.999
§ 155.124 RESIDENTIAL RECOVERY FACILITY.
   (A)   Location. A residential recovery facility may be granted a conditional use by the Board of Adjustments to locate in any AG, RR, RB, PO, CL, CG, CH, IC, or IG zone.
   (B)   Site plan. Any proposal for conditional use shall be accompanied by a site plan which shows any (existing or planned) ingress, egress, screening, parking, and other information as may be required by the Board of Zoning Adjustments.
   (C)   Parking. Adequate provision shall be made for off-street parking. The Board of Zoning Adjustments shall have discretion to determine whether proposed parking is adequate, and shall consider the factors relevant thereto, including (without limitation) whether participants enrolled in the recovery program will be permitted to park at the residential recovery facility.
   (D)   Screening. Screening of any kind is not presumed to be required, but the Board of Adjustments may require such screening as it determines is necessary to comply with the comprehensive plan as a condition for the conditional use.
   (E)   Lot size. The minimum lot size for a residential recovery facility in any AG or RR zone is five acres, except that if the residential recovery facility has an occupancy of more than 16 persons (excluding staff), then the minimum lot size is ten acres.
   (F)   Waste management. Any residential recovery facility located on a lot which is not connected to public sewer shall obtain inspection and approval of the Franklin County Health Department of its septic system.
   (G)   Fire Department pre-plan. Prior to allowing program participants to reside at a residential recovery facility, the owner or operator of the residential recovery facility shall request and permit the Franklin County Fire Department to inspect the residential recovery facility and create a "pre-plan" in accordance with the Franklin County Fire Department's usual and customary procedures.
(Ord. 2-2022, passed 2-11-2022)
DISTRICT REGULATIONS
§ 155.135 AG, AGRICULTURAL DISTRICT.
   (A)   Purpose. This district is intended to recognize agricultural land to establish regulations which emphasize agricultural production and preserve a rural character.
   (B)   General uses intended. The raising of agricultural crops or livestock, forestry and hunting or game preserves; ancillary services inherent to farming are also permitted (see use table); single dwelling residences, churches, elementary and secondary schools.
   (C)   Accessory uses. More than one dwelling may be permitted on each agricultural lot; providing, additional dwellings are required for family members or employees who farm the land.
   (D)   Conditional uses. May be permitted by the Board of Zoning Adjustments. Uses which may be so permitted are indicated in the Land Use Table.
   (E)   Bulk density and height.
Maximum height, except barns, silos, steeples, water towers, windmills, communication towers and other structures excepted general height exceptions
35 ft.
Minimum front yard
50 ft.
Minimum lot frontage
200 ft.
Minimum lot size
5 acres
Minimum rear yard
25 ft.
Minimum side yard
25 ft.
Minimum spacing between any 2 dwellings on same tract
30 ft.
Minimum street side yard
30 ft.
 
   (F)   Off-street parking. Determined by use in §§ 155.330 through 155.339 of this chapter.
   (G)   Agricultural land use exemptions. Notwithstanding any other provision of this chapter, land which is used solely for agricultural, farming, dairying, stock raising or similar purposes shall have no regulations imposed as to building permits, certificates of occupancy, height, yard, location or courts requirements for agricultural buildings; except that, setback may be required for the protection of existing and proposed roads, streets and highways and that all buildings in a designated floodway or floodplain or which tend to increase flood heights or obstruct the flow of flood waters may be fully regulated.
(Ord. 8, passed 10-23-1987, § 4.10)
§ 155.136 RR, RURAL RESIDENTIAL DISTRICT.
   (A)   Purpose. This district is intended to establish and preserve a quiet single-family home neighborhood, free from other uses, except those which are convenient to and compatible with the residences of such neighborhood. This district is intended to be of very low density and will customarily be located in areas where public sewer facilities are not available or planned.
   (B)   General uses permitted. Detached single-family dwelling units, including mobile homes used as single-family residences.
   (C)   Conditional uses permitted. Permitted with approval of Board of Zoning Adjustments and subject to conditions defined in §§ 155.105 through 155.123 of this chapter: home occupations; nursery schools and day care centers; elementary and secondary schools; parks and public recreation facilities.
   (D)   Bulk density and height.
Maximum height
35 ft.
Maximum lot coverage
10%
Minimum front yard
35 ft.*
Minimum lot area
1-1/2 acres
Minimum lot frontage
100 ft.
Minimum rear yard
40 ft.
Minimum side yard
10 ft.
Minimum street side yard
22 ft.
NOTES TO TABLE:
*Front yard minimum 35 ft. from property line at right-of-way
 
   (E)   Off-street parking. Two spaces per residential dwelling unit, others as required in §§ 155.330 through 155.339 of this chapter.
(Ord. 8, passed 10-23-1987, § 4.11)
§ 155.137 RA, RURAL RESIDENTIAL A DISTRICT.
   (A)   Purpose.
      (1)   The purpose of this district is to establish and preserve a quiet single-family dwelling neighborhood, free from other uses, except those which are convenient to and compatible with the residences of such neighborhood.
      (2)   This district is a low density, large lot, single-family dwelling district, but requires a full range of community facilities, including being served by public sewer or approved sewage treatment facility.
   (B)   General uses permitted. Detached single dwelling residential units.
   (C)   Conditional uses permitted. With approval of the Board of Zoning Adjustments and subject to conditions defined in §§ 155.105 through 155.123 of this chapter: home occupations; nursery schools; day care centers; elementary and secondary schools; parks and public recreation facilities.
   (D)   Bulk density and height.
Maximum height
35 ft.
Maximum lot coverage
20%
Minimum front yard
30 ft.
Minimum lot area
15,000 sq. ft.
Minimum lot frontage
100 ft.
Minimum rear yard
40 ft.
Minimum side yard
10 ft.
Minimum street side yard
20 ft.
 
   (E)   Off-street parking. Two (2) spaces per dwelling unit, other uses as required in Article 10.
(Ord. 8, passed 10-23-1987, § 4.12)
§ 155.138 RB, RURAL RESIDENTIAL B DISTRICT.
   (A)   Purpose. It is the intent of this district to establish and preserve a quiet single-family home neighborhood free from other uses, except those which are convenient to and compatible with the residences of such neighborhood. This district is a medium density single dwelling district, but requires a full range of community facilities, including public sewers, or approved sewage treatment facilities.
   (B)   General uses permitted. Detached single-family dwelling units.
   (C)   Conditional uses permitted. With the approval of the Board of Zoning Adjustments and subject to conditions defined in §§ 155.105 through 155.123 of this chapter: home occupations; nursery schools; day care centers; elementary and secondary schools; parks and public recreation facilities.
   (D)   Bulk, density and height.
Minimum lot area
9,000 sq. ft.
Minimum lot frontage
65 ft.
Minimum front yard
25 ft.
Minimum street side yard
15 ft.
Minimum side yard
8 ft.
Minimum rear yard
25 ft.
Maximum lot coverage
25%
Maximum height
35 ft.
 
   (E)   Off-street parking. Two spaces per dwelling unit, others as required in §§ 155.330 through 155.339 of this chapter.
(Ord. 8, passed 10-23-1987, § 4.13)
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