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§ 156.053 NONCONFORMING USES, STRUCTURES, AND PREMISES.
   (A)   Intent. Within the zones and districts established by this zoning code, or amendments thereto, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this zoning code was adopted or amended, but which would be prohibited, regulated, or restricted under the terms of this zoning code or future amendment. It is the intent of this zoning code to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this zoning code that nonconformities shall not be enlarged or extended beyond the scope and area of their operation at the time of the adoption or amendment of this zoning code, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone or if all or part of.
   (B)   Nonconforming lots of record.
      (1)   In any zone or district in which single-family, two-family, or multi-family dwellings are permitted, a single-family, two-family, or multi-family dwelling as appropriately permitted in the zone and customary accessory buildings may be erected the date of adoption or amendment of this zoning code, or amendment notwithstanding limitations imposed by other provisions of separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or frontage, or both, that are generally applicable in the zone or district, providing that dimensional requirements other than those applying to area or frontage or both, of the lots shall conform to the regulations for the zone or district in which such lot is located. Dimensional variances must be obtained through action of the Board of Zoning Adjustments as provided by this chapter.
      (2)   If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the date of adoption or amendment of this zoning code, and if all or part of the lots do not meet the requirements established for lot width and area, the land involved shall be considered to be an undivided parcel for the purposes of this zoning code. No subdivision of such parcel shall be made which creates a lot with width or area below the requirements stated in this zoning code.
   (C)   Nonconforming uses of land. Where at the date of adoption or amendment of this zoning code lawful use of land exists which would not be permitted by the regulations imposed by this zoning code, the use may be continued so long as it remains otherwise lawful, provided:
         (l)   No such nonconforming use shall be enlarged or extended to occupy a greater area of land than was occupied at the date of adoption or amendment of this zoning code.
      (2)   No nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the date of adoption or amendment of this zoning code. The use may be moved to another position on the lot or parcel through appeal to the Board of Zoning Adjustments in § 156.083.
      (3)   When a nonconforming use of land is discontinued or abandoned so as to show a gross lack of diligence in using for one year or more (except when governmental action prevents such use), the land shall not thereafter be used except in conformity with the regulations of the zone or district in which it is located.
   (D)   Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this zoning code by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions.
      (1)   No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.
      (2)   Should such nonconforming structure or nonconforming portion of a structure be damaged, destroyed, or demolished by any means, it may be reconstructed or repaired but not to exceed the number of cubic feet existing in it, and not to extend or enlarge the scope and area of its operation prior to its damage, destruction, or demolition except as otherwise provided in division (E)(5) below.
      (3)   Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zone or district in which it is located after it is moved. However, said structure may be moved to another part of the same lot by appeal to the Board of Zoning Adjustments as provided in § 156.083.
   (E)   Nonconforming uses of structures or of structures and premises in combination. If lawful use involving individual structures or of structure and premises in combination exists at the date of adoption or amendment of this zoning code that would not be allowed in the zone or district under the terms of this zoning code, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions.
      (1)   No existing structures devoted to a use not permitted by this zoning code in the zone or district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the zone or district in which it is located except as provided in division (5) below.
      (2)   Any nonconforming use may be extended throughout any part of a building which was arranged or designed for such use at the date of adoption or amendment of this zoning code, but no such use shall be extended to occupy any land outside such building.
      (3)   If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use by appeal to the Board of Zoning Adjustments if the proposed use is in the same or a more restrictive classification. In permitting such change, the Board of Zoning Adjustments may require appropriate conditions and safeguards in accord with the provisions of this zoning code.
      (4)   Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zone or district, and the nonconforming use may not thereafter be resumed.
      (5)   When a nonconforming use of a structure, or structure and premises in combination, is halted because of the damage, destruction, or demolition of the structure by any means, the structure may be reconstructed or repaired but not to exceed the number of cubic feet existing in it prior to its damage, destruction, or demolition, and the nonconforming use resumed but not to extend or enlarge the scope and area of its operation prior to its damage, destruction, or demolition.
      (6)   When a nonconforming use of a structure, or structure and premises in combination, intentionally discontinued or abandoned so as to show a gross lack of diligence in using for one year or more (except when government action prevents such use), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the zone or district in which it is located.
   (F)   Repairs and maintenance. On any nonconforming structure or portion of structure, and on any structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement of walls, fixtures, wiring, or plumbing or other parts, provided that the cubic content of the nonconforming structure or portion shall not be increased. Nothing in this zoning code shall be deemed to prevent the strengthening, repairing, or restoring to a safe condition of any structure or part thereof.
   (G)   Conditional uses not nonconforming uses. Any existing principal permitted use at the date of the adoption or amendment of this zoning code which would thereafter require a conditional use permit shall without further action be deemed a conforming use, but any enlargement or replacement of such use, in buildings or on land, shall require a conditional use permit.
(Ord. 794, passed 12-22-83; Am. Ord. 90-925, passed 7-26-90) Penalty, see § 156.999
§ 156.054 PLANNED DEVELOPMENT PROJECT REGULATIONS.
   (A)   Planned development projects are conditional uses in the following zoning districts: R-2 - Single Family Residential PDP’s only; R-3 - Residential PDP’s only: R-3A, R-4, R-5, B-1, B-2, B-3, B-4, professional office, industrial - PDP’s other than for residential uses.
   (B)   Planned development projects are prohibited in the following zoning districts: R-1, R-2, agricultural, floodway.
   (C)   Intent. It is the intent of the Planning Commission to allow some flexibility in this chapter. This is done in recognition that times have changed and are changing. A planned development project is unique and is not intended for every development. However an innovative project may be allowed through this provision. It is intended that a condominium project or an office park or any combination of such be considered.
   (D)   Procedure. The planned development project process is designed for projects that are complex or innovative and perhaps different from normal development within the area. All planned development projects shall be subject to the following regulations:
      (1)   Determination whether project subject to process. The Zoning Official will determine if a project should follow the planned development project process.
      (2)   Advisory meeting with Planning Commission. The developer of a proposed planned development project shall meet with the Planning Commission prior to the preparation or submission of a plat. The purpose of this meeting shall be to discuss informally with the Planning Commission the minimum requirements and design standards for planned development projects as well as to discuss existing or proposed development which may affect or be affected by, the proposed project. For the purpose of such discussion the developer shall provide a sketch plan indicating the proposed project area, its relationship to the surrounding area and the general development scheme to be presented in the preliminary plat application. Formal application or filing of a plat with the Planning Commission is not required for the advisory meeting.
      (3)   Board of Zoning Adjustments to determine compatibility. After the advisory meeting with the Planning Commission the Board of Zoning Adjustments will meet to determine if a project is compatible in its proposed location. A planned development project application and a plat shall be filed with the Zoning Official prior to the Board of Zoning Adjustments’ meeting. If the Board of Zoning Adjustments finds the project to be compatible with the surrounding area, a planned development project application and a plat shall be filed with the zoning official. A public hearing will be held by the Planning Commission within 60 days.
      (4)   Notice of hearing. Notice of the public hearing shall be given as follows:
         (a)   Notice of the time, place and reason for holding a public hearing shall be given by one publication in the newspaper of general circulation in Calloway County, Kentucky, not earlier than 21 days nor later than seven days before the public hearing.
         (b)   Notice of the hearing shall be given at least 14 days in advance of the hearing by first class mail to the owners of all property adjoining the property where the project is proposed. This includes those properties across public rights-of-ways. If the property is jointly owned all property owners must be listed. It shall be the duty of the project applicant to furnish the names and addresses of the owners of all adjoining properties.
         (c)   Notice of the hearing shall be posted conspicuously on the property for 14 consecutive days immediately prior to the hearing. The sign shall state “planned development project site” in letters three inches in height. The time, place and date of hearing shall be in letters at least one inch in height. The sign shall be constructed of durable material and shall state the telephone number of the appropriate zoning commission.
      (5)   Public hearing before the Planning Commission. The Planning Commission will conduct the public hearing as follows:
         (a)   The Chairperson of the Planning Commission shall preside at the hearing and shall be responsible for its conduct.
         (b)   The applicant or opponent may represent himself, may be represented by counsel, or may be represented by another person or persons. Both the applicant and the opponent may present witnesses to testify. Both the applicant and opponent shall have the right to cross- examine any witnesses who testify against them.
         (c)   The order of the hearing shall be as follows:
            1.   Opening statement by applicant.
            2.   Opening statement by opponent.
            3.    Presentation of evidence and testimony by applicant.
            4.    Presentation of evidence and testimony by opponent.
            5.   Rebuttal of evidence and testimony by applicant.
               6.    Rebuttal of evidence and testimony by opponent.
               7.    Closing statement by applicant.
               8.    Closing statement by opponent.
         (d)   No formal rules of evidence shall be required. The hearing itself shall be as informal as possible consistent with an orderly determination in a fair and impartial manner of the issues before the Commission.
         (e)   The hearing shall be electronically recorded. If a transcript is requested by either the applicant or opponent the expense shall be accrued to said party requesting the transcript. If the Planning Commission gives preliminary approval to the proposed project, the Commission must recommend to the Board of Zoning Adjustments that the project be considered for a conditional use permit.
      (6)   Conditional use process. An application for a conditional use permit must be filed with the Zoning Official prior to the meeting of the Board of Zoning Adjustments. The conditional use application process for a planned development project will be the same as for any other conditional use once the Planning Commission has given preliminary approval, except that a conditional use permit for any planned development project will not be valid until the Planning Commission has reviewed and approved the final plat of the project and certified such on the final plat.
      (7)   Planning Commission final approval. Upon receiving written authorization by the Board of Zoning Adjustments of its approval for a conditional use permit, the applicant shall submit the plat of the proposed planned development project to the Planning Commission for its review and final approval within six months from the date of such written approval. If the Planning Commission finds that the plat is substantially in accord with preliminary approval and fulfills the attached special conditions, the Planning Commission may approve the project and the Chairperson of the Planning Commission shall indicate such approval on the final plat. The planned development project shall thereafter be subject to all of the provisions of this chapter regarding conditional use permits including recording, effect, noncompliance, time limit and permanently satisfied permits.
   (E)   Dimension and area regulations. Dimension and area regulations and lot sizes may vary from that allowed in the applicable zoning district but are intended to be consistent and compatible with existing development. The overall density shall be consistent with the applicable zoning district.
   (F)   Signs. Signs are allowed as provided by the Planning Commission, and only as specified on the approved development plan.
   (G)   Other requirements.
      (1)   All PDP’s must be filed as approved by the Planning Commission and Board of Zoning Adjustments with the Calloway County Clerk’s office and the Murray Planning Commission. No changes will be permitted unless prior approval is received by the Board of Zoning Adjustments and these must be consistent with the Planning Commission’s intent and direction. All changes will also be recorded with the Clerk and the Planning Commission and will originate with the Zoning Official.
      (2)   The plat submitted to the Board of Zoning Adjustments and Planning Commission shall have the following information contained and data, and shall be drawn to an appropriate scale as to the size and nature of the project as approved by the Planning Department.
         (a)   Buildings.
         (b)   Parking areas with arrangement and number of parking spaces.
         (c)   Entrance and exit roads and their relationship to existing and proposed streets, alleys and other public ways.
         (d)   Setback lines, permanent open spaces, separation strips and landscaped areas.
         (e)   Date, title, name and location of the PDP, graphic scale, and true north line.
         (f)   All dimensions, angles, bearings and similar data on date on the plat shall be tied to the primary control points, location and description of such control points shall be given.
         (g)   Project boundary lines, buildings, parking areas, setback lines, permanent open spaces, separation strips, landscaped areas, easements, access roads and street right-of-way lines with accurate dimensions to the nearest .01 of a foot; bearings or deflection angles, radii, arcs, and central angles of all curves with dimensions to the nearest minute.
            (h)    Designation of all buildings, parking areas, permanent open spaces, separation strips, landscaped areas, easements, access roads, street rights-of-way and other areas by name, use, purpose or other appropriate method as well as by width, length, land area or floor area devoted to such use or purpose.
            (i)   Location and description of monuments.
            (j)   Name and locations of adjoining subdivisions, streets or other property.
            (k)    Certification, on plat, of title showing that the applicant is the owner and a statement by such owner dedicating streets, rights-of-way and any other sites for public use, if any.
            (l)    Certification, on plat, by surveyor or engineer as to the accuracy of survey and plat.
            (m)   All special conditions attached to preliminary approval or any restrictions specified by the owner shall be placed directly on the final plat or attached thereto in form for recording.
            (n)    Certification attached to plat stating that the owner has complied with the following:
               1.   A surety bond or certified check has been posted with the city in sufficient amount to assure completion of all such required improvements within two years.
            (o)    Certification on plat by the Chairperson of the Planning Commission and Board of Zoning Adjustments that the plat has been approved for recording in the office of the County Clerk.
      (3)   The requirement for all planned-development project shall be as follows:
         (a)   Construction of all PDP’s shall be initiated within one year after approval of the final plat.
         (b)   The owner of a PDP shall provide and permanently maintain the areas required for landscaping purposes. The landscaping is subject to review and approval by the Planning Commission before preliminary or final approval.
         (c)   The applicant of a PDP may be required to provide a detailed statement of proposal, including covenants, agreements, or other specific documents, showing the ownership and method of assuring perpetual maintenance to be applied to those areas within the project that are to be used for open space, recreational or other common or quasi public purposes. Such a statement, if required, shall be attached to the preliminary and final plats as special conditions.
         (d)   The applicant of a PDP may be required to provide a statement of financial responsibility including the posting of a surety bond or certified check payable to the city to assure the installation of improvements required as special conditions. The bond or check shall be subject to the condition that the improvements will be completed within two years after approval of the final plat.
         (e)   In addition to the Board of Zoning Adjustments’ fees for two meetings and the zoning fee, the Planning Commission shall set a plat review fee of $50 per final plat reviewed by the Planning Commission.
         (f)   An application for a PDP may include a proposed subdivision of the tract of land within the project property lines into one or more separately owned and operated units. Such proposed subdivision, if approved with the proposed PDP and if in compliance with the city subdivision regulations, shall be permissible without further subdivision regulation approval. Any PDP which includes a proposed subdivision of the total tract of land within the property lines into one or more separately owned and operated units shall, if approved, be subject to all attached special conditions and all provisions of this chapter regarding conditional use permits in its entirety including all approved subdivisions regardless of their ownership.
            (g)   There shall be no subdivision of an approved PDP unless such subdivision is in conformance with the originally approved and recorded final plat or an amended final plat of the PDP has been approved and recorded in conformance with this chapter recording the procedure for review and approval of all PDP’s.
            (h)   There shall be no change, alteration, amendment or extension of any approved PDP final plat unless such change, alteration, amendment or extension is approved in conformance with this chapter.
            (i)    Construction of all PDP’s shall be completed within two years after approval of the final plat. The Planning Commission may, however, require as a special condition the completion of the project at an earlier date or may grant an extension of completion time when such extension is deemed reasonable and necessary by the Planning Commission.
   (H)   General standards. In any PDP, although it is permissible to depart from the conformance with the principal building and single-lot dimension and area regulations contained in this chapter, there shall be no diminution of the regulations and standards set forth in this chapter for PDP’s.
      (1)   The Planning Commission shall examine the proposed PDP with particular attention to the following:
         (a)   The influence the proposed project may be expected to have on existing or future development in surrounding areas and the achievement of a desirable spatial relationship between the buildings and the land, and between the buildings themselves.
         (b)   To insure that the roads, thoroughfares, streets, and accompanying access points proposed are suitable and adequate to carry anticipated traffic and that increased land use intensity will not generate traffic in such amounts as to overload the existing or proposed street network.
         (c)   To insure that existing or proposed utility services are adequate for the population densities or land use intensities proposed.
      (2)   Off-street parking space shall be provided on the site as prescribed in § 156.014, General Regulations for Vehicles. All parking space and access thereto shall be paved in a manner approved by the Planning Commission.
      (3)   Areas shall be provided for the loading and unloading of delivery trucks and other vehicles and for the servicing of buildings by refuse collection, fuel and other service vehicles, in addition to the required automobile parking spaces. Such areas shall be adequate in size and so arranged that they may be used without blockage or interference with the use of accessways or automobile parking facilities.
      (4)   No PDP shall be permitted vehicular access to a minor residential street unless specifically approved by the Planning Commission.
      (5)   Lighting facilities shall be arranged in such a manner so as to prevent direct glare or hazardous interference of any kind to adjoining street or properties.
      (6)   All PDP building construction shall conform to all local, state and federal regulations pertaining to the particular type of building or buildings proposed. The Planning Commission may also require as a special condition that any building construction in a PDP be of an approved fire resistant material or that before the certificate of occupancy for any building within the project is approved, the developer must provide the enforcement officer written certificates of approval from the State Fire Marshal or State Health Department.
      (7)   The Planning commission shall attach any reasonable special conditions necessary to insure that there be no departure from the intent of this zoning code.
      (8)   Because a PDP is inherently more complex than single lot development and because each such project must be tailored to the topography and neighboring uses, the standards and special conditions for such projects cannot be inflexible.
      (9)   Adult-oriented businesses are prohibited as a planned development project.
(Ord. 89-890, passed 4-27-89; Am. Ord. 90-925, passed 7-26-90; Am. Ord. 98-1174, passed 12-28-98; Am. Ord. 2007-1438, passed 3-22-07; Am. Ord. 2023-1844, passed 5-25-23)
§ 156.055 HOME OCCUPATION REGULATIONS.
   (A)   Intent. The purpose of this home occupation provision is to allow for certain types of restricted occupational uses within residential districts that are compatible with the neighborhood in which they are located.
   (B)   Definitions as used in this chapter:
      (1)   Home occupation - Any business, professional, or commercial activity that is conducted or petitioned to be conducted from and performed on property that is zoned for residential use unless the following conditions can be met:
         (a)   No generation of traffic, noise or odor;
         (b)   No employees other than those that reside on the premises;
         (c)   No sign on premises;
         (d)   No external storage of inventory or vehicles;
         (e)   No external alteration of the dwelling;
         (f)   Use is conducted entirely within a dwelling or accessory building.
      (2)   Home occupation conditional use permit - A permit which may be authorized by the Board of Zoning Adjustments. The permit shall be temporary in nature and may be granted to a designated person who resides at a residential address. The permit shall not be transferable from one person to another person, one home occupation to another home occupation, or from one address to another address.
   (C)   Procedure.
      (1)   Application for a home occupation conditional use permit shall be made to the zoning official on a form provided by the zoning official and shall be accompanied by the prevailing filing fees. The zoning official will then present the request to the Board of Zoning Adjustment for it's action within 45 days.
      (2)   The zoning official may revoke any home occupation permit for noncompliance with the criteria set forth in Section D. If the permit is revoked, it becomes null and void, and the home occupation shall be terminated.
      (3)   The decision of the zoning official concerning revocation of the home occupation conditional use permit shall be final unless a written appeal by the applicant is filed with the Board of Zoning Adjustments within thirty days of the applicants receipt of the notice to revoke the permit.
      (4)   If a person holding a home occupation permit moves to a new location, the existing permit shall be automatically terminated. The individual shall notify the zoning official of any move from the permit location or termination of the home occupation.
   (D)   Required condition. The Board of Zoning Adjustments may only grant a conditional use permit for a home occupation which meets the following conditions and requirements:
      (1)   A home occupation shall be clearly incidental and secondary to the use for dwelling purposes.
      (2)   The use shall be conducted primarily entirely within a dwelling or its accessory structures.
      (3)   The use does not require substantial external alteration of the dwelling.
      (4)   On the premises retail sales shall be prohibited.
      (5)   The applicant may employ in the home occupation only individuals who permanently reside on the premises in which the home occupation is to be conducted. Additional employees shall be prohibited.
      (6)   There shall be no exterior storage of materials to be used in conjunction with a home occupation.
      (7)   A home occupation shall produce no offensive noise, vibration, smoke, dust, odors or heat. The premises and structures on the premises shall be maintained to conform to neighborhood standards.
      (8)   The home occupation shall not generate additional vehicular or pedestrian traffic to the residence unless approved by the Board of Zoning Adjustments.
      (9)   External storage or display of materials, goods, supplies, or equipment related to the operation of a home occupation is prohibited.
      (10)   Home occupations shall comply with all local, state or federal laws or regulations pertinent to the activity pursued, and the requirements of or permission granted by this section shall not be construed as an exemption from such regulations.
      (11)   Only one unlighted sign not over two (2) square feet in area identifying home occupations shall be permitted on the dwelling premises. Persons with demonstrated physical disabilities may be permitted special consideration by the Board of Zoning Adjustments. The applicant may request waiver of a portion or all of one or more of the foregoing requirements. This special request shall be considered at a Board of Zoning Adjustments meeting, after notification to adjacent property owners. The Board of Zoning Adjustments may only grant waivers on the basis of applicant's physical inability to function within said requirements.
   (E)   The following shall be prohibited as home occupations:
      (1)   Ambulance service;
      (2)   Automobile repair; parts sales, upholstery, detailing or painting; washing service;
      (3)   Beauty salons or barber shops;
      (4)   Boarding house, bed and breakfast, hotel;
      (5)   Churches, religious instruction;
      (6)   Health salons, dance studios, aerobic exercise studios;
      (7)   House painting;
      (8)   Medical, dental or psychological services;
      (9)   Mortician, hearse service;
      (10)   Private clubs;
      (11)   Restaurants;
      (12)   Retail sale from site;
      (13)   Veterinary uses (including care, grooming or boarding);
      (14)   Welding shop;
      (15)   Any similar type service as determined by the Board of Zoning Adjustments; and
      (16)   Adult-oriented businesses.
(Ord. 97-1128, passed 9-26-97; Am. Ord. 98-1174, passed 12-28-98)
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