(A) General.
(1) Intent. It is the intent of the City of Murray for these guidelines to assist property owner, developers, architects, and builders by providing design criteria that will enhance community character and quality of the entire community and ensure the aesthetic value and visual appeal of non-residential land uses in the following gateway corridors: from 12th Street from the southern city limits to the northern city limits; along Highway 121 Bypass North at the intersection of North 12th Street known as Highway 641 to the western city limits; and Main Street from South 7th Street to Robertson Road.
(2) Purpose. Design performs an important function in identifying and promoting properties, businesses, services, residences, events, and other matters of interest to the public. This division regulates design guidelines within certain areas of the city to ensure that they are appropriate in keeping with the appearance of the affected property and surrounding environment, and protective of the public health, safety, and general welfare. The design standard regulations of this division are intended to balance the following differing and at times competing goals:
(a) To support the desired character of the city, as expressed in adopted plans, policies, and regulations;
(b) To promote an attractive visual environment; create attractive corridors to Murray and improve the appearance along major roadways in town;
(c) To achieve high quality building and site design;
(d) To promote a sense of continuity and compatibility along each corridor;
(B) Design guidelines on corridors.
(1) Applicability. The regulations of this division apply to all development within the three corridors. It is the intent of the design guidelines to transition from those lots or tracts located fully in the corridor to those lots or tracts not located in the corridor by extending building materials and landscape guidelines to those lots or tracts partially located in the corridors. The requirements of the corridor design guidelines shall not apply to the properties located in the Historic District, Industrial District, franchises without alternative architectural designs, or existing shopping centers (a minimum of three tenant spaces located in a unified building or a group of buildings on a single lot of record).
(2) Compliance. When the square footage of an existing structure is expanded by more than an accumulative total of 50%, within a five year period, all of the existing structure shall be brought into compliance with the design guidelines. Upon the sale of an existing structure, the established time frame restriction, for compliance clue to expansion, will expire; however, will reset upon future expansion. All new construction shall comply with all of the City of Murray Design Guidelines.
(C) Provisions of design guidelines on corridors.
(1) Four-sided architecture is required unless rear or side walls are determined not to be visible from a public street right-of-way.
(2) Building articulation should be used to create interest in the building base and enhance the pedestrian experience. Material changes may be used in some cases to distinguish the building base. No wall plane may extend more than 40 feet without horizontal and vertical articulation. Building façades between 40 to 100 feet in length may have either horizontal or vertical articulation. Façade articulations/ offsets shall be shown on the elevation drawings along with dimensions verifying that the elevations have met the above requirements as part of the site plan submittal.
(3) Primary materials. All buildings shall be constructed with a minimum 60% masonry and glass, exclusive of doors and windows. Masonry shall consist of brick, stone, or simulated stone, including Architectural concrete masonry units (textured, not smooth), split face, weathered face, or sandblasted faced units. Unpainted integral color concrete masonry units are allowed as masonry. Secondary materials.
(4) Secondary materials (maximum 40%) may be EIFS, stucco or dryvit, wood, metal, or other approved material. Either wood or metal/steel or a combination of wood or metal/steel, shall be limited to a maximum of 15% of any building façade per material.
(5) Mechanical unit screening. All mechanical equipment shall be screened from public view. Screening must match building color. Ground-mounted mechanical units may be screened with an evergreen landscape screen. Exposed conduit, ladders, utility boxes, and drain spouts shall be painted to match the color of the building or an accent color.
(6) Trash and recycling collection areas. Trash and recycling collection areas shall be located to minimize visibility. Trash receptacles, recycling receptacles, and trash compactors shall be screened with an eight foot masonry wall of a consistent color and material as the primary building if visible from any public right-of-way or residentially zoned property. Enclosures shall be oriented so that the service opening does not face any public right-of-way or residentially zoned property. The opening shall incorporate a metal or wooden gate to visually screen the dumpster or compactor. The Sanitation Manager shall approve the location of the pad and the dumpster. Gates shall not be allowed to swing into a drive aisle or fire lane.
(D) Violations and appeals.
(1) Violations.
(a) This chapter of the Zoning Code shall be enforced under the provisions of Chapter 40. Any person who so violates this zoning code or fails to comply with any of its requirements, including the compliance with any official notice of violations, shall be subject to a fine detailed in § 40.39.
(b) The following are examples of violations; however, this list is not all inclusive:
1. To exceed secondary material limitations;
2. To install, create, or erect any structure requiring a permit without such permit;
3. To install, create, or erect any structure in a way that is inconsistent with any plan or permit governing such structure or the zoned lot on which the structure is located;
4. To continue any such violation. Each day of a continued violation shall be considered a separate violation when applying the penalty portions of this Zoning Code. A separate civil fine shall be assessed for each day a violation continues.
(2) Appeals.
(a) Appealing a Zoning Official's action or decision. Appeals to the Board of Zoning Adjustments may be made by any person or entity claiming to be injuriously affected or aggrieved by an official action or decision of the Zoning Official. Such appeal shall be made within 30 days after the appellant or his/her agent receives notice of the action appealed from, by filing with said officer and with the Board a notice of appeal specifying the grounds thereof, and giving notice of such appeal to any and all parties of record. Said officer shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was made and shall be treated as and be the respondent in such further proceedings. At any hearing by the Board, any interested person may appear and enter his/her appearance and all shall be given the opportunity to be heard. The Board shall fix a reasonable time for hearing the appeal and give public notice in accordance with KRS Chapter 424 as well as, written notice to the appellant and the Zoning Official at least one week prior to the hearing, and shall decide it within 60 days. The affected party may appear at the hearing in person or be represented by an attorney.
(b) Notice of violation appeals. Refer to § 40.35 for further information.
(Ord. 2023-1840, passed 4-27-23)