(A) Use conditional. Each use shall be permitted in compliance with all conditions listed for the use in this subchapter and other requisite regulations of this chapter as applicable.
(B) Residential use in Central Business District.
(1) Any façade work should be designed and maintained in a way to promote and enhance the downtown area.
(2) The minimum square footage for living space per apartment shall be eight hundred (800) square feet.
(3) Residential use of the ground floor is allowed provided:
(a) It is located behind a permitted commercial use;
(b) Does not occupy the first 25 feet of the storefront. The BOA may waive the 25 foot rule if deemed impractical, due to building location, building configuration or type of business, so long as the storefront business integrity is maintained; and
(c) The storefront appearance does not indicate a residential use occupies the ground floor; and there shall be no display of personal property or ornamentation outside of the structure or in any windows or doors which is not business related.
(4) Off street-parking must be provided in accordance with this chapter.
(5) A building permit shall be required prior to the start of any work. Plans shall be drawn to scale with sufficient clarity and detailed dimensions to show the nature and character of the work to be performed.
(6) All construction work shall be completed in compliance with all applicable building codes, rules and regulations.
(7) Prior to the occupancy of any apartment, a certificate of occupancy must be issued by the Building Inspector.
(8) The Building Inspector shall have the right to inspect all units once a year for the purpose of seeing that all requirements are being maintained, including but not limited to the working condition of all required fire/smoke detectors.
(C) Residential use in the Neighborhood Commercial, General Commercial, Light Industrial, General Industrial and Office Professional Zoning Districts. Residential use may be allowed so long as it does not occupy more than seventy-five percent (75%) of the structure occupied by the primary use and is incidental to the primary use allowed in that district.
(1) The minimum square footage for living space shall be four hundred (400) square feet.
(2) Residential use of the ground floor is allowed provided:
(a) It is located behind an allowable use in that district (unless otherwise deemed appropriate by the BOA);
(b) The residential use is not apparent from the outside of the building area being occupied by the primary use.
(3) Off-street parking must be provided in accordance with this chapter.
(4) A building permit shall be required prior to the start of any work. Plans shall be drawn to scale with sufficient clarity and detailed dimensions to show the nature and character of the work to be performed.
(5) All construction work shall be completed in compliance with all applicable building codes, rules and regulations.
(6) Prior to the occupancy of the residential use, a certificate of occupancy must be issued by the Building Official.
(7) The Building Official shall have the right to inspect all units once a year for the purpose of seeing that all requirements are being maintained, including but not limited to the working condition of all required fire/smoke detectors.
(D) Bed and breakfast.
(1) Single-family homes used as a bed and breakfast shall have a minimum floor area of one thousand five hundred (1,500) square feet, excluding attic, basement and garage areas.
(2) Single-family homes used as a bed and breakfast may not subdivide existing rooms into less than two hundred (200) square feet each.
(3) All off-street parking shall be to the side and/or rear of the home on paved surfaces. Where on-street parking is permitted, the length of the street in front of the lot may be counted as parking.
(4) Bed and breakfast facilities shall have no more than four (4) rooms for rent. However, the Board of Adjustments may waive this restriction, provided that the original building has more than four (4) rooms and/or is listed on the National Register of Historic Places.
(E) Cemetery.
(1) Shall not include embalming or cremation facilities;
(2) Combination wall and fence is permitted; and
(3) Setbacks from all rights-of-way to a wall or grave shall be a minimum of eight (8) feet;
(F) Home occupation.
(1) Business operations shall be housed only in the dwelling unit and shall not change the character of the dwelling.
(2) Any outside storage associated with the home occupation shall be stored in an appropriate accessory building. All regulations concerning accessory buildings in that district (including height, placement, materials and items prohibited from storage) shall be observed.
(3) No more than twenty-five percent (25%) of the home shall be used in connection with the home occupation.
(4) No employees are permitted except family members residing on the premises.
(5) Only vehicles used primarily as personal passenger vehicles shall be permitted to be stored or parked at the residence in connection with the home occupation. No more than two (2) such vehicles shall be permitted. Temporary parking or storage of commercial vehicles is prohibited except as specifically allowed in this chapter.
(6) No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.
(7) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor or electrical interference detectable to normal senses outside the residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises.
(8) The storage, mixing or disposal of dyes, pesticides, lawn chemicals and other toxic or hazardous materials associated with commercial uses is prohibited on site.
(G) Recreational facility. Recreational facilities are encouraged to be built adjoining educational facility campuses, greenbelts, parks or other similar uses.
(H) Rooming or boarding house.
(1) Single-family homes used as rooming/boarding houses may not subdivide existing rooms.
(2) The rooming/boarding house shall be owner-occupied.
(3) All off-street parking shall be to the side and/or rear of the home on paved surfaces.
(4) Where on-street parking is permitted, the length of the street in front of the lot may be counted as parking. There shall be one (1) space per room of lodging.
(I) Day care center.
(1) Provisions for residential districts.
(a) Day care centers shall conform in architecture to the surrounding residential structures.
(b) Day care centers must be able to comply with all open area and outdoor playground space (as required by Kentucky Revised Statutes) on the actual lot. Adjacent parks and open areas shall not satisfy the space requirements of this chapter for the purposes of granting the conditional use permit even if the presence of such adjacent spaces satisfy other state requirements not related to zoning.
(c) On-street parking may be used to fulfill parking requirements.
(d) Off-street parking shall be appropriately screened.
(e) The play area of the lot shall be walled or fenced.
(2) Provisions for other districts.
(a) Minimum lot size shall be six thousand five hundred (6,500) square feet.
(b) Day care centers must be able to comply with all open area and outdoor playground space (as required by Kentucky Revised Statutes) on the actual lot. Adjacent parks and open areas shall not satisfy the space requirements of this chapter for the purposes of granting the conditional use permit even if the presence of such adjacent spaces satisfy other state requirements not related to zoning.
(c) On-street parking may be used to fulfill parking requirements.
(d) Off-street parking shall be appropriately screened.
(J) Group home.
(1) All group homes shall be residential in architectural design.
(2) Minimum lot size shall be ten thousand (10,000) square feet.
(3) All off-street parking shall be to the side and/or rear of the home on paved surfaces.
(4) Where on-street parking is permitted, the length of the street in front of the lot may be counted as parking.
(K) Gas station in neighborhood commercial district. Outdoor storage shall be screened from all public rights-of-way and is only permitted in the rear yard. Screening shall comply with the provisions set forth in §§ 156.140 et seq. (Landscaping).
(L) Nightclub. Unless governed by a more restrictive local noise ordinance, music/other noise emitting from the establishment shall not be audible at decibel levels louder than normal background noise for the adjacent areas after 11:00 p.m. if such establishments are located within three hundred fifty (350) feet of a residence (including multi-family).
(M) Parking garage.
(1) Parking decks shall not access streets in the Central Business District unless entering or exiting from a one-way street.
(2) Parking decks fronting streets in a historic district shall have the ground floor fronting the street corners reserved for commercial uses.
(3) Parking deck facades shall be visually similar to the material used on surrounding buildings.
(N) Adult establishment. All adult establishments are subject to specific requirements as described in Title 11, Chapter 121, of this Code of Ordinances.
(O) Indoor storage of hazardous materials.
(1) All indoor storage of hazardous materials shall be in compliance with all federal, state and local regulations.
(2) Such materials shall be listed via appropriate placards, material safety data sheets (MSDS) or other printed materials and made known to the fire department of the appropriate jurisdiction.
(P) Drive-in theater. Minimum lot size shall be three (3) acres.
(Q) Welding and machine shop in general commercial.
(1) No outside storage shall be permitted between the principal building and any street right-of-way.
(2) Hours of operation shall be normal and customary to other commercial uses in the surrounding district.
(3) All work areas shall be enclosed.
(4) Impacts on adjacent property (including noise, heat, vibration, dust and other pollutants) shall be mitigated.
(5) Parking and other service areas shall be fenced or screened.
(6) The Board of Adjustments shall be permitted to impose any additional conditions for the granting of a conditional use permit to ensure the general health, safety and welfare of the community.
(R) Business or Commercial uses with drive thru windows in the Central Business District.
(1) Sites should be designed so that there is a minimum of five (5) reservoir spaces for each drive-in lane.
(2) Off-street parking shall be to the side and/or rear of the lot.
(3) The Board of Adjustments shall have the authority to impose additional conditions to better effect the spirit of this chapter.
(S) Assisted Living Facilities.
(1) A minimum twenty-five (25) foot setback required when abutting residential uses.
(2) Off-street parking to side or rear unless Board of Adjustment deems otherwise.
(3) Where on-street parking is permitted, the length of the street in front of the lot may be counted as parking.
(T) Accessory dwelling unit in the Agricultural, Rural Residential, Low Density, Medium Density and High Density Zones. Accessory dwelling unit (ADU) is a smaller, secondary housing unit built on the same lot as a principal dwelling.
(1) One accessory dwelling unit allowed per lot; no minimum lot size required.
(2) The property owner must live in either the principal dwelling or the ADU; a deed restriction to that effect must be recorded prior to the Certificate of Occupancy (CO) being issued. The ADU shall not be sold separately from the principal dwelling unit unless it can be subdivided in accordance with all subdivision regulations and meet all applicable zoning requirements including minimum dwelling size.
(3) An ADU is allowed only on lots with a single-family dwelling, regardless of the number of units allowed by zoning.
(4) An ADU may be created through new construction, alteration of an existing structure, addition to an existing structure or conversion of an existing structure to an ADU while simultaneously constructing a new primary dwelling unit on the site. A certificate of occupancy must be issued for the principal dwelling prior to the issuance of a CO for the ADU.
(a) Minimum size of the ADU shall be two hundred fifty (250) square feet and have no more than two (2) bedrooms.
(b) An ADU may not exceed forty percent (40%) of the size of the living space of the principal dwelling, or eight hundred (800) square feet, whichever is smaller. However, the Board of Adjustments may allow for an attached ADU to have an increased size in order to efficiently use all floor area on one floor or a portion of an existing house as long as other standards herein are met. Principal dwelling units having one thousand (1,000) square feet or less, may have an ADU up to four hundred (400) square feet. For the purpose of this division, square footage calculations shall exclude any garage, porch or similar area.
(c) ADUs shall meet all building setback, coverage and height requirements of the underlying zone. No detached ADU may be higher than the tallest part of the primary dwelling.
(d) Windows which face an adjoining residential property shall be designed to protect the privacy of neighbors unless fencing or landscaping is provided which adequately accomplishes the same purpose.
(e) ADUs must be located to the side or rear of the primary dwelling or may be placed next to or above a garage.
(f) If the entrance to the ADU is visible from an adjacent street, it shall be designed in a manner as to clearly be subordinate to the entrance of the principal dwelling.
(5) There are no minimum parking requirements for an ADU.
(6) Detached ADUs must be permanently affixed to the ground and shall not include a mobile home, bus, travel trailer, RV, trailer, cooler, vehicle or freight container.
(7) Accessory dwelling units must be connected to the utilities of the principal dwelling unit and may not have separate services, unless the city determines such to be unfeasible.
(8) If a detached ADU is created from an existing structure that does not meet one or more of the applicable requirements, as stated above, it will be exempt from said requirements so long as no new nonconformities are created. However, any alterations that would result in the structure becoming less conforming is not allowed.
(9) A deed restriction shall be submitted prior to the issuance of Certificate of Occupancy and/or a Zoning Compliance Permit which states the owner(s) agree to restrict use of the principal home and ADU with the requirements stated herein. The deed restriction shall be filed of record in the Hopkins County Court Clerk’s Office by the property owner. At the request of the property owner and after an inspection verifying that the ADU has been removed, the Administrative Official shall record a release of any previously recorded deed restriction for that ADU.
(U) Recreational vehicle (RV) parks. This division (U) shall set forth the minimum requirements for the application, development, operation and maintenance of recreational vehicle parks in the city.
(1) Definitions. For the purpose of this chapter, the following words and phrases shall have the meanings set forth in this section.
CAMPSITE. A space or area within an RV park designated for temporary occupancy by RVs or tent campers. Also referred to as SITE.
RECREATIONAL VEHICLE (RV). Any vehicular-type unit, designed for temporary living quarters for recreational, camping or travel use, which either has its own motor power or is mounted on or drawn by another vehicle.
RV PARK. A parcel of land in which two or more campsites are designated primarily for temporary occupancy for recreational vehicles for travel, recreational or vacation uses and including any service building, structure, enclosure or other facility used as a part of the park. Such parks shall be construed to include sites for tent camping as well as for RV campers.
SERVICE BUILDING. Any structure within an RV park which contains toilets, lavatories and bathing facilities. It may also include laundry facilities, a vending area or other service or recreational type facilities for park occupant use.
(2) General standards and requirements.
(a) RV parks may be located in the Agricultural and General Commercial districts as a conditional use.
(b) RV parks shall be approved through the major development plan process.
(c) Each campsite shall be a minimum of one thousand five hundred (1,500) square feet.
(d) RVs must be a minimum of fifteen (15) apart.
(e) An office/check-in point is required and a park attendant available at all times either via phone or on-site.
(f) At least one (1) service building is required to provide necessary sanitation.
(g) Minimum perimeter setbacks for campsites, parking and/or any structures shall be as follows:
1. Agricultural Districts. Twenty five (25) feet front, side or rear property line;
2. General Commercial Districts. Twenty (20) feet front property line, five (5) feet side property line and ten (10) feet rear property line.
3. Front yard setbacks are applicable on all public right-of-ways.
(h) Interior private roads connecting to a public right-of-way must be paved within fifty (50) feet of said right-of-way. Streets having two- (2-) way traffic must be a minimum of eighteen (18) feet wide; one- (1-) way streets may be a minimum of twelve (12) feet wide.
(i) RVs may not be used as a permanent residence and there shall be no permanent structures allowed on sites, including roof systems, decks and storage buildings other than those for the park attendant.
(j) A stick built, modular, mobile or manufactured home, or other permanent dwelling may be located within the RV park for the park attendant to reside in temporarily or permanently.
(k) In addition to city approval, a permit must be secured from the Kentucky Cabinet for Health and Family Services meeting requirements established in KRS 219.310 to 219.410.
(Ord. 2003-06, passed 3-3-03; Am. Ord. 2012-02, passed 5-7-12; Am. Ord. O-2016-7, passed 3-7-16; Am. Ord. 2017-01, passed 3-17-17; Am. Ord. O-2022-2, passed 1-3-22; Am. Ord. O-2022-4, passed 3- 21-22; Am. Ord. O-2022-5, passed 4-18-22; Am. Ord. 2023-05, passed 8-21-23; Am. Ord. 2023-06, passed 8-21-23)