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§ 154.085 COMMERCIAL/PROFESSIONAL OFFICE DISTRICT (C/PO).
   (A)   The intent of the Commercial/Professional Office (C/PO) District is to accommodate existing and future commercial and professional business development in such locations and with such” regulations so as to provide availability and accessibility for the success of commercial/ professional business operations, to encourage the development of new business at appropriate locations, and to preserve and protect existing and future development of all kinds through the use of limited access points, service roads, parking and loading areas, screening and other regulations.
   (B)   The Commercial/Professional Office District (C/PO) is to establish and preserve general commercial areas consisting of shopping centers, commercial strips and professional and service oriented businesses where customers reach retail and professional and service business establishments primarily by automobile, while minimizing the undesirable impact on adjacent residential areas.
      (1)   Permitted uses.
         (a)   Offices of professional medical, insurance, attorneys, real estate, financial organizations and the like: of individuals, sole proprietors, labor unions or of civic, social, fraternal and non-profit organizations;
         (b)   Laboratories and other research facilities where all activity and equipment, including ventilators and other equipment on roofs, is housed in a fully enclosed building or screened so as not to be visible from off the lot, and where no noise or odors are created which are discernible beyond the boundaries of the lot; and
         (c)   Retail sales, barber and beauty shops; gas stations, general and specialty food stores; drugstores; restaurants; clothing and dry good stores; appliance stores; hardware stores, bakeries; dry cleaning and laundry establishments; gas stations; veterinarians and kennels when housed in a fully enclosed building; motels; hotels, clinics; funeral homes; indoor/outdoor theaters and other places of amusement including bowling lanes, lighted golf courses, skating arenas and the like; however, meat and poultry shops where slaughtering is done on the premises is excluded.
      (2)   Special provisions for shopping centers. Shopping centers comprised of a building or group of buildings to house three or more permitted commercial activities shall be permitted as a special use in conformance with the provisions for Planned Unit Developments as specified in §§ 154.205 through 154.213. The following guidelines will apply in designing shopping centers:
         (a)   Neighborhood shopping center. Planned development of commercial, professional and service-oriented activities providing convenience goods such as food, drugs, hardware and professional/service oriented services, intended to serve a market area of 800 families. Neighborhood shopping centers shall contain at least 16,000 square feet of floor area and two acres, and shall be located adjacent to an arterial or collector street. Access shall be determined by the Planning Commission, i.e., service road or direct entry; and
         (b)   Community shopping center. A planned development of commercial activities providing convenience and shopper goods, such as apparel and home furnishings serving approximately 2,000 families. Community shopping centers shall contain at least 30,000 square feet of floor area and a site of at least five acres. Direct access must be available to arterial streets, or frontage road as indicated in the Comprehensive Plan.
      (3)   Conditional uses. Conditional uses are special exceptions and require written approval of the Board of Adjustment. The Board may attach certain conditions to its approval which it feels are necessary to preserve and protect the character of the district in which the proposed use would locate. Conditional uses shall be so located, site-planned and designed as to avoid undue noise, nuisances and dangers.
         (a)   Schools;
         (b)   Drive-in theaters;
         (c)   Auto, truck and farm implement sales and repair, mobile home sales; and
         (d)   Public facilities such as libraries, churches, parks, recreation facilities and hospitals.
      (4)   Accessory uses. Any accessory use or building customarily incidental to the above permitted uses is permitted, including dwelling units occupying the same building as the principal commercial use for the express use of the owner and/or operator of the permitted commercial use.
      (5)   Required conditions.
         (a)   Screening. Where a side lot line is shared with an adjoining residential lot or zone, a well-maintained compact hedge, a solid fence or similar solid screening device at least six feet in height shall be installed to screen the business use from the adjoining lot in the residential district. The screen shall begin at the front building line and extend along the common side lot line to the rear property line.
         (b)   Access to highways and streets. Before any building permit for any structure in a C/PO district may be issued the applicant of the proposed C/PO activity shall submit a sketch of the site layout and design of the proposed structure(s) and use; the proposed interior street circulation plan along with the proposed access points to the Highway Department and the Planning Commission. The Planning Commission may require that when two or more consumer commercial establishments adjoin along one side of any street or highway that they share access points to the street When more than four consumer commercial establishments adjoin along any highway or street, a service road parallel to the highway or street may be required by the Planning Commission to be built, at the expense of all adjoining consumer commercial establishments, to provide service to all consumer commercial establishments on the same side of the street or highway. This road shall have access to the highway or street at no more than two points for every four consumer commercial establishments. The provisions of §§ 154.120 through 154.130 shall also apply in a C/PO District. Parking and off-street loading requirements are provided in §§ 154.165 through 154.172.
         (c)   Processing shall be conducted wholly within a completely enclosed building.
         (d)   Processing is permitted if all such processing is performed as a consumer service for retail customers served on the premises. Processes and equipment employed in goods processed or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, gas fumes, noise, vibration, refuse matter or water-carried waste.
      (6)   Development standards (C/PO): per each principal building.
Minimum lot area
 
on public sewers
22,000 sq. ft.
no public sewers
43,560 sq. ft.
Min. public road frontage
75 feet (public sewer) 100 feet (private sewage)
Min. width at building line
75 feet
Minimum front yard
50 feet
Minimum side yard
25 feet - 35 feet adjacent to any R District
Minimum rear yard
30 feet
Max. percentage of lot covered by buildings
60%
Signs
See §§ 154.185 through 154.191
Parking
See §§ 154.165 through 154.172
 
      (7)   Required conditions/minimum design standards.
         (a)   Access. Access to business establishments on U.S. Highway 150 district shall either be from parallel frontage roads (along U.S. 150 from Stanford to Crab Orchard, U.S. 27 and U.S. 127 or driveways with approved encroachment permit from Transportation Cabinet -Highway Department. All intersections of frontage roads or driveways with arterials streets shall provide acceleration and deceleration lanes of not less than 150 feet and eleven feet wide. No entrance or exit shall be closer than 600 feet to any intersection on an arterial road or to the access road of any freeway. Entrances off controlled access streets shall require both a permit from the District 8 office of the State Transportation Cabinet and the approval of the Planning Commission.
         (b)   Landscaping. A landscaped planting strip at least ten feet in width shall be provided along boundaries of a C/PO District adjacent to any residential zone or any property being used for residential or institutional purposes. This area shall be planted with native trees or shrubs in a manner approved by the Planning Commission.
(Ord. passed 1-11-2005)
§ 154.086 APPLICABLE TO ALL C/PO LAND USES.
   (A)   Accessory uses.
      (1)   Signs, only one of which on the premises may be detached from the principle building; all signs must comply with the regulations set forth in §§ 154.185 through 154.191;
      (2)   Garages or other building not used as a dwelling and accessory to the principle;
      (3)   Wholesale merchandise or services which are clearly incidental and subordinate to the principle retail use on the premises;
      (4)   Accessory buildings shall be permitted in rear yards only and must comply with the minimum yard requirements for the principal structures in that zoning district. On any corner lot adjoining in the rear another lot which is in a residential district, accessory buildings shall conform to the side yard requirements for the residential district; and
      (5)   No building in the rear of a main or principal building on the same lot shall be used for residential purposes unless it conforms to all requirements of this chapter.
   (B)   Outdoor storage. There shall be no outdoor storage of merchandise and no outdoor processing in any commercial district unless authorized as a conditional use.
(Ord. passed 1-11-2005)
§ 154.087 RECREATION DISTRICT (R-R).
   This district is intended to provide for recreational and tourism development and essential recreation oriented services in areas of high recreational value where soil, topography and other physical features will support development without depleting or destroying natural resources.
   (A)   Permitted uses.
      (1)   Golf courses;
      (2)   Hotels, motels;
      (3)   Single-family housing, including manufactured housing subject to §§ 154.145 through 154.150;
      (4)   Lodges and cabins;
      (5)   Bed and breakfast;
      (6)   Convention facilities;
      (7)   Retreat centers;
      (8)   Boat sales and service, boat storage;
      (9)   Recreational vehicle parks, subject to §§ 154.145 through 154.150;
      (10)   Sit-down restaurants, excluding fast food chain-type commercial establishments;
      (11)   Camping areas/facilities;
      (12)   Equestrian riding and stable facilities;
      (13)   Skeet shooting and gun clubs;
      (14)   Sportsman’s clubs, hunting lodges;
      (15)   Sporting goods and bait shop retail establishments;
      (16)   Indoor and outdoor recreational facilities, including, but not limited to, soccer fields, football fields, swimming pools, baseball fields, putting courses, skating rinks and bowling alleys;
      (17)   Taxidermy;
      (18)   Historical sites and attractions;
      (19)   Arts and crafts facilities, including sale of items on premises;
      (20)   Customary accessory uses provided such uses are clearly incidental to the principal permitted use; and
      (21)   Signs, subject to §§ 154.185 through 154.191; parking, subject to §§ 154.165 through 154.172.
   (B)   Conditional uses.
      (1)   Private or wholesale carpentry or woodworking shop, limited to the property owner;
      (2)   Professional offices and studios;
      (3)   Real estate office;
      (4)   Day care, childcare center, play school;
      (5)   Shrub, tree nursery;
      (6)   Hair salon and barber shop; and
      (7)   Arts and crafts retail shops.
   (C)   Prohibited uses.
      (1)   Any commercial uses that would detract from the intent of this zone;
      (2)   Any land uses that would negatively impact the water quality of the Cedar Creek Watershed or Lake;
      (3)   Automobile dealerships; used car lots; manufactured home sales lots; towers, including, but not limited to, cellular or PCS, radio, television, short wave or any tower used to transmit or receive; satellite dishes in excess of four-foot diameter; and other uses the Planning Commission determines would detract from the recreational-oriented and tourism intent of this zone; and
      (4)   Exploration or removal of any natural resources, including, but not limited to, oil, gas and coal.
   (D)   Planned unit developments. Subject to §§ 154.205 through 154.213.
   (E)   Development plan required. All development proposals require a development plan and an Environmental Quality Inventory (EQI) to be submitted by the applicant. Such development plan shall be prepared by professional engineers, planners, architects or landscape architects. See §§ 154.225 through 154.231.
   (F)   Pre-application meeting documentation. All parties concerned with a Development Plan will benefit from a discussion during the pre-application meeting at which time the applicant(s) should present the following information to staff and to the Planning Commission if deemed necessary by the Administrative Officer.
      (1)   Vicinity map. A vicinity map shall be prepared at a scale of 2,000 feet to an inch, indicating the relationship of the proposed development to existing land use and facilities which serve it, such as roads and utilities. A U.S.G.S. map may be used with a sketch of the proposed area to be developed on it.
      (2)   Sketch plan. On a topographic survey map of the area proposed for development, a simple plan in sketch form shall show the proposed general layout of streets, buildings and other significant features.
      (3)   General information. Any additional information to explain and/or supplement the vicinity map and sketch plan shall be submitted.
   (G)   Development standards (R-R).
 
Minimum lot area
5 acres
Minimum lot frontage
175 feet
Min. width at building line
100 feet
Minimum front yard
80 feet
Minimum side yard (each side)
75 feet
Minimum rear yard
50 feet
Maximum building height
NA
 
(Ord. passed 1-11-2005)
§ 154.088 INDUSTRIAL DISTRICTS.
   This section is reserved for future legislation.
(Ord. passed 1-11-2005)
§ 154.089 LIGHT INDUSTRIAL DISTRICT (I-1).
   The intent of the Light Industrial District (I-1) is to establish and preserve areas for industrial and certain related uses of such nature that they do not create serious problems of compatibility with other types of land uses; and such establishments should be clean, quiet and free from hazardous or objectionable levels of noise, odor, dust, smoke or glare.
   (A)   Permitted uses.
      (1)   Manufacturing; wholesaling; warehousing; bulk storage; laundries; cleaning and dyeing plants; bottling works; building material yards; dairies; food processing; printing; vehicle or equipment repair or service;
      (2)   Retail sale of commodity manufactured, fabricated or processed on the premises; gas stations; restaurants; sale and service of agricultural and construction equipment;
      (3)   The forgoing use authorizations do not include any of such uses which emit any fumes, vibrations, smoke, noise or glare, except the noise of vehicles coming and going, which is detectable from off the premises by the senses of normal human beings. All operations, including the storage of anything except merchandise displayed for sale, are top be conducted in a fully enclosed building or entirely behind walls or fences which conceal them from visibility from sites off the lot; and
      (4)   Other industrial uses not listed above shall be considered conditional uses and will require written approval of the Board of Adjustment.
   (B)   Conditional uses. The following uses are special exceptions and require written approval of the Board of Adjustment:
      (1)   Trucking terminals; junkyards; single-family homes, including mobile homes, for use by on-site caretakers or security personnel employed by the industrial development; drive-in theaters; gasoline, oil or alcohol storage above ground in excess of 500 gallons if Board of Adjustment review determines that such proposed use will not constitute a fire hazard; and
      (2)   The Board may attach certain conditions to its approval which it feels are necessary to preserve and protect the character of the district in which the proposed use could locate.
   (C)   Required conditions.
      (1)   Yards. On lots adjacent to a residential district all buildings shall be located so as to provide a minimum side and rear yard of 50 feet.
      (2)   Storage facilities. No materials or supplies shall be stored or permitted to remain on any part of the property outside the buildings constructed thereon without proper screening and adequate distances from adjoining properties.
      (3)   Waste disposal. No waste material or refuse shall be dumped upon or permitted to remain upon any part of an industrial property outside of buildings constructed thereon. In addition, the property shall not be used by an industry whose primary business requires industrial sewerage, unless the governing municipal body authorizes the use of its sewage disposal facilities or said industry constructs its own sewage disposal plant.
   (D)   Development standards.
Minimum lot area
43,560 sq. ft. (septic)
 
22,000 sq. ft. (public sewer)
Minimum front yard
50 feet
Minimum side yard
25 feet, except 50 feet if adjacent to residential district
Minimum rear yard
25 feet, except 50 feet if adjacent to residential district
Max. percentage of lot covered by buildings
60%
Signs
See §§ 154.185 through 154.191
Parking
See §§ 154.165 through 154.172
 
(Ord. passed 1-11-2005; Ord. passed 3-26-2009)
§ 154.090 FLOODPLAIN DISTRICT (F).
   (A)   The intent of the Floodplain District (F) is to restrict the use of the floodplains of natural drainageways to those uses that will not be greatly damaged by floods or moving waters.
   (B)   The purpose is to minimize the costs of flood damage to individual property owners and the general public and avoid impeding the flow of floodwaters.
      (1)   Permitted uses. The Floodplain District is a zone that may be superimposed over any other zoning district wherein the provisions of the other zoning district are applicable as well as the provisions contained herein.
      (2)   District regulations. Areas designated “F” (Floodplain District) shall be based upon areas determined to be in “flood-prone” areas under the Department of Housing and Urban Development (HUD) National Flood Insurance Program and such other areas as determined by the Planning Commission to be subject to flooding. Within such designated area, no permanent structures for residential, agricultural, commercial, industrial or public use shall be placed without first securing a building permit and demonstrating provisions to protect such structure from flood damage. No building permits shall be issued within the 100-year floodplain unless the structures are floodproofed and meet all other the state and federal flood insurance requirements.
(Ord. passed 1-11-2005)
APPLICATION OF REGULATIONS
§ 154.105 APPLICATION OF REGULATIONS GENERALLY.
   All existing and future structures and uses of premises within the county, shall conform with all applicable provisions of this chapter. Each zoning district is established to permit only those uses specifically listed as permitted uses or accessory uses, except as provided under the nonconforming or conditional use provisions, and is intended for the protection of those uses. No other uses are permitted except as specifically permitted elsewhere in this chapter.
(Ord. passed 1-11-2005)
§ 154.106 SPECIAL PROVISIONS FOR AGRICULTURAL AREAS.
   (A)   For the purposes of this chapter, land which is used solely for agricultural, farming, dairying, stock raising or similar purposes, shall have no regulations imposed as to height, yard, location or court requirements for agricultural buildings except that:
      (1)   Setback lines and/or buffer zones shall be required for the protection of existing and proposed streets and highways. In connection therewith, all requirements of the State Transportation Cabinet, Bureau of Highways Regulations as regarding distance, sight and drainage shall be compiled with; and
      (2)   All buildings or structures in a designated floodway or floodplain, or which tend to increase flood heights or obstruct the flow of floodwaters shall be fully regulated.
   (B)   Mobile homes and other dwellings may be permitted as a part of agricultural use of the land but shall have regulations imposed which are applicable, such as zoning, building and certificates of occupancy.
(Ord. passed 1-11-2005)
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