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(A) Purpose. To establish and preserve areas in the county for the purpose of industrial land use and industrial growth; to limit such areas to functions related to the production of goods and such ancillary uses as are compatible with industry; to provide standards, which will protect this community from obnoxious activities, associated with industrial production.
(B) Permitted uses. Assembly of goods from pre-manufactured parts, manufacturing of goods from raw materials, processing of food products, wholesaling and warehousing. Retail sales shall be permitted with the condition that no more than 7% of the gross building area be used for such sales and that the sales be incidental and accessory to the main land use.
(C) Conditional uses. Production of chemicals or petroleum products, processing animal wastes, storage and processing of junk, scrap or other wastes.
(D) Bulk, density and height.
Floor area ratio | 2.1 |
Maximum height | 50 ft. |
Maximum lot coverage | 70% |
Minimum front yard | 40 ft. |
Minimum lot size | 1-1/2 acres on septic tanks, 20,000 sq. ft. on public sewer |
Minimum lot width | 100 ft. |
Minimum rear yard | 20 ft. |
Minimum side yard | 12 ft. |
Minimum space between buildings | 24 ft. |
(F) Design criteria.
(1) For IG District adjacent to any R District or any residence, any side or rear yard shall be at least 100 feet and shall include a visual and acoustic buffer comprised of landscape material of at least 30 feet in width, consisting of a triple row, staggered planting of evergreen trees, spaced at 15 feet on center, and six feet in height at the time of planting.
(2) No side or rear yard shall be required when served by a rail siding.
(3) Any outdoor storage lot shall be screened from any street or from any non-industrial zoning district by an evergreen hedge or combination of opaque fence and evergreen planting.
(4) Any standards for noise, odor or air pollution adopted by the county shall be applicable and shall be measured at any zone district boundary.
(5) Principal access to any IG District should be from at least a collector road.
(Ord. 8, passed 10-23-1987, § 4.41)
(A) Purpose. The purpose of the Rural Heritage Mixed Use District (HD) is to facilitate the preservation of the county's significant historic resources that are under pressure due to adjacent incompatible development, proposed future development, or existing underutilization and neglect. The goal is to prevent the loss of historic, cultural, and heritage sites by incorporating compatible mixed-use development that promotes tourism, economic vitality, and complements the historic character of the district. The aim is to allow adaptive re-use of significant historic buildings and introduce new uses at an intensity and scale that fit into the environs in a balanced and compatible manner, fostering a vibrant and sustainable district that celebrates its unique heritage assets.
(B) Intent of general uses. The intent of the Rural Heritage Mixed Use District (HD) is to function in a compatible manner that enhances the attractiveness of the district as a destination. This regulation does not presuppose all potential permitted used. General uses could include:
(1) Tourism-oriented facilities such as hotels, bed and breakfasts, inns, conferences centers/meeting halls, amphitheater and museums;
(2) Commercial activities such as retail, galleries, craft studios, restaurants, and cafes;
(3) Production facilities such as distilleries, storage/warehousing, breweries, wineries, vineyards, orchards; agricultural and food production;
(4) Recreational amenities such as hiking trails, parks, gardens, rides/attractions, and other leisure opportunities;
(5) Other uses not contemplated may be deemed appropriate.
(C) Eligibility to apply for zoning change to HD. A proposed Rural Heritage Mixed Use District (HD) must contain one or more historic resources that are currently listed or eligible for the National Register of Historic Places (NRHP) that are currently vacant, abandoned, underutilized, or located in an area where adjacent future land uses are not favorable to the continued preservation of the resource(s). Eligibility of non-NRHP-listed or non-NRHP-eligible resources shall be determined by a professional meeting or exceeding the professional who 1) is retained by contract or employed by the Fiscal Court or Planning Commission and 2) meets or exceeds qualifications standards set by the Secretary of the Interior. Their analysis shall include an assessment of the levels of significance and integrity of all identified primary and accessory/associated resources existing on the property(ies).
(D) Development plan and historic preservation review process.
(1) The Frankfort/Franklin County Planning Commission shall hear applications requesting a zone map amendment to rezone to Rural Heritage Mixed Use District (HD). The request shall include the following items to be considered:
(a) Legal descriptions or plat of properties subject to the rezoning to establish district boundaries.
(b) A conceptual plan depicting the proposed development layout. The conceptual plan should show approximate placement of new buildings and roads. It should identify existing features that are proposed to be demolished. Uses of the existing and new buildings should be labeled.
(c) A detailed written description of the proposed development that includes an explanation of the historic significance and integrity of the primary building, structure, and/or site, as well as any accessory/associated resources, and how the proposed development will incorporate those resources into a cohesive heritage tourism destination.
(d) A list containing the proposed uses including primary uses and ancillary uses shall be approved by the Planning Commission.
(2) Preliminary development plan will be required for approval by the Planning Commission. The preliminary development plan shall include roads, parking, new buildings, existing buildings and historic resources, drainage features, topographical slope, and natural features such as streams, woodlands, and wetlands. It shall also include changes such as structures to be demolished, proposed grading, and removal of trees as well as to identify areas that will be preserved for rural and agricultural uses. The preliminary development plan may be submitted in lieu of the conceptual plan under division (D)(1)(b) above if submitted in conjunction with zone map amendment request and satisfies the requirements of this section herein.
(3) Final development plan and historic preservation review approval is required.
(a) Development plan approval shall include all requirements for a development plan as found in §§ 155.190 through 155.196. The lot area, lot width, yard and usable open space requirements do not apply to Rural Heritage Mixed Use Districts. The siting and location of buildings, improvements, structures and common open spaces within the area of the Rural Heritage Mixed Use District shall be controlled by the development plans which are approved for the Rural Heritage Mixed Use District.
(b) A report shall be developed by a qualified professional meeting the requirements of division (C) above and will include the application of the development guidelines contained in division (E) below of this section to determine the appropriateness of the proposed treatments, alterations, and design of new construction on property of the NRHP-listed or NRHP-eligible resources. The report will be provided to the Planning Commission to assist them with its historic preservation review.
(c) The Planning Commission chairperson or staff will review and have authority for approval of the final development plan. If there have been significant changes between the preliminary and final development plan then the Planning Commission will review and have authority for approval. It will also consider the review report from division (D)(3)(b) above for conditions to be included in final approval.
(E) Development guidelines. The character, scale and aesthetics of the proposed development shall be compatible with the cultural and rural nature of the site. Preservation of NRHP-listed or NRHP-eligible historic buildings and associated contributing elements shall be required and proposed changes to the exterior of these buildings shall be reviewed and approved by the Planning Commission. Demolition of the primary historic resource shall not be permitted. Relocation of accessory or associated resources may be permitted. Demolition of accessory/associated resources may be permitted if the resources lack historic significance or integrity. Rehabilitation of the exterior of the historic buildings and their environs shall follow these design standards, which are to be applied in a reasonable manner, taking into consideration the significance and integrity of each resource, in addition to economic and technical feasibility:
(1) The adaptive re-use of the historic building should require minimal change to the defining characteristics of the building, the site, and environment immediately adjacent. The placement of mixed-use structures in the district should respect the historic character of the historic site.
(2) The character of the historic buildings should be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property should be avoided, if possible.
(3) Each property should be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, should not be undertaken.
(4) Most properties change over time; those changes that have acquired historic significance in their own right should be preserved.
(5) Distinctive features, finishes and construction techniques or examples of craftsmanship that characterize a historic property should be preserved.
(6) Deteriorated historic features should be repaired rather than replaced. Where the severity of the deterioration requires replacement of a distinctive feature, the new feature should match the old in design, color, texture, and other visual qualities and, where possible, materials. Missing features should be substantiated by documentary, physical, or pictorial evidence.
(7) Consideration for the potential to find significant archeological resources in the vicinity of the rehabilitation should be given.
(8) New additions, exterior alterations, or related new construction should not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.
(9) New additions should be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
(Ord. 8-2024, passed 8-6-2024)
E-ZL, EXCLUSIVE USE ZONE FOR LANDFILL
The purpose of the Exclusive Use Zone for Landfills is to reclassify landfill activities from particular industrial zones to an exclusive use zone intended to:
(A) Protect public health by preventing water pollution, rodent infestation, air pollution or other health hazards as would occur as a result of improper location, design or operation of a landfill;
(B) Protect public safety by requiring proper design of access streets to accommodate the heavy equipment necessary for collection, transportation and disposal of solid wastes;
(C) Improve compatibility with adjacent uses by requiring adequate screening and setbacks, regular policing of access roads and heavily traveled routes to the site and careful review of subsequent uses allowed on the landfill site; and
(D) Promote public welfare by providing a suitable location for the disposal of the solid wastes generated by the community.
(Ord. 8, passed 10-23-1987, § 4.601; Ord. 3-2002, passed 5-3-2002)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LANDFILL.
(1) A community facility, which is a necessary part of the community’s waste disposal system. The high volume of heavy truck traffic and the associated noise, odor and other potential nuisance-like characteristics suggest industrial zoning would be appropriate. However, the LANDFILL is a limited duration use and the filled land may not be suitable for industrial uses, which require substantial weight bearing foundations. This limitation makes industrial zoning inappropriate for subsequent uses to be located on this land. Major factors in determining proper site location are the suitability of the soil and underground drainage systems and they are not usually factors in the location of industrial zones. There the site location criteria for a LANDFILL must be defined separately.
(Ord. 8, passed 10-23-1987, § 4.602)
(2) A method of disposing of refuse on land without creating nuisances or hazards to public health or safety by utilizing the principles of engineering to confine the refuse to the smallest practical area, to reduce it to the smallest practical volume, and to cover it with a layer of suitable cover material at the conclusion of each day’s operation or at more or less frequent intervals as necessary and in compliance with all requirements and regulations of this chapter, and with all requirements and regulations of the commonwealth. This includes sanitary “contained” landfills, “construction/demolition debris” landfills, “residual” landfills and “incinerator” facilities, as defined by the regulations of the commonwealth.
OPEN DUMP. A site where refuse is dumped which, due to lack of control, may create a breeding places for flies and rats, may cause air or water pollution or may catch fire.
QUALIFIED GEOLOGIST. A qualified geologist shall have a masters degree in geology from an accredited university or college and have experience in hydrogeology.
SANITARY (CONTAINED) LANDFILL. A type of landfill which may accept for disposal all non-hazardous solid wastes and limited quantities of household hazardous waste, industrial waste and generator hazardous waste. SANITARY LANDFILLS shall operate in compliance with all requirements and regulations of this chapter and with all requirements and regulations of the commonwealth.
SOLID WASTE(S). All putrescible and non-putrescible refuse in solid form. “Solid” includes, but is not limited to, garbage, rubbish, ashes, incinerator residue, street refuse, dead animals, demolition wastes, construction wastes, solid commercial and industrial wastes and special wastes including explosives, pathological wastes and radioactive materials.
(Ord. 8, passed 10-23-1987, § 4.616; Ord. 3-2002, passed 5-3-2002)
If proper landfill standards are not adhered to, the operation may result in an open dump and create a serious health hazard. A completed landfill will settle and will require periodic maintenance. Because of this settlement factor, special design and construction techniques must be utilized for building constructed on a completed landfill. As a result of the factors listed above, sanitary landfills must be placed in an exclusive use zone, which includes specific design standards and appropriate protection for subsequent use.
(Ord. 8, passed 10-23-1987, § 4.603; Ord. 3-2002, passed 5-3-2002)
(A) Due to the potentially adverse environmental impact of a landfill, geologic and soils reports, a topographic map and a preliminary operational plan shall be required with the application for appropriate zoning. The Planning Commission may recommend approval of and the County Fiscal Court may grant the change to the zoning for E-ZL zoning based on the information in the geologic and soils reports and a preliminary operational plan showing how any site problems could be resolved; and, provided that, the site size requirements and the site design standards can be met.
(B) Any application for an E-ZL Zone District must also obtain the necessary permits from federal, state and local agencies having jurisdiction over any phase of operation. No landfill construction shall commence until a landfill construction permit has been issued by the Division of Waste Management of the Natural Resources and Environmental Protection Cabinet and no landfill operation shall begin until the permit to operate has been issued by the Division of Waste Management of the Natural Resources and Environmental Protection Cabinet and submitted to the Frankfort/Franklin County Planning Commission, through the Franklin County Planning, Zoning and Building Code Enforcement office. The Planning Commission shall withhold any approval until the applicant has demonstrated compliance with the site development and operational standards contained herein.
(Ord. 8, passed 10-23-1987, § 4.604; Ord. 3-2002, passed 5-3-2002)
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