ARTICLE III. REGULATIONS

"ACCESSORY BUILDING." A structure incidental and subordinate to the principal structure on the same lot, and serving a purpose customarily incidental thereto. No accessory structure can be constructed on a lot before a principal structure. A parked mobile home shall not be considered an accessory building. See also Section 80.201 (District Regulations).

"ACCESSORY USE." A use that is incidental and subordinate to that of the main structure, or use of land, and that is located on the same lot and under the same ownership in all respects.

"ADMINISTRATIVE OFFICIAL." Any department, employee, or advisory, elected, or appointed body which is authorized, and/or certified as applicable, to administer any provision of the zoning regulation, subdivision regulations, and, if delegated, any provision of any housing or building regulation, or any other land use control regulation.

"AGRICULTURAL USE." Use of a tract of:

(A) A tract of least five (5) contiguous acres for the production of agricultural or horticultural crops, including but not limited to livestock, livestock products, poultry, poultry products, grain, hay, pastures, soybeans, tobacco, timber, orchard fruits, vegetables, flower, or ornamental plants, including provision for dwellings for persons and their families who are engaged in the agricultural use on the tract, but not including residential building development for sale or lease to the public.

(B) Regardless of the size of the tract of land used, small farm wineries licensed under KRS 243.155.

1. Riding lessons;

2. Rides;

3. Training;

4. Projects for educational purposes;

5. Boarding and related care; or

6. Shows, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving more than seventy (70) or less participants. Shows, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving more than seventy (70) participants shall be subject to local applicable zoning regulations; or

(D) A tract of land used for the following activities involving horses:

1. Riding lessons;

2. Rides;

3. Training;

4. Projects for educational purposes;

5. Boarding and related care; or

6. Show, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving more than seventy (70) or less participants. Shows, competitions sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving more than seventy (70) participants shall be subject to local applicable zoning regulations.

This paragraph shall only apply to acreage that was being used for these activities before July 13, 2004.

“AREAS: HISTORIC, SCENIC OR CONSERVATION.” Areas designated by the National Historic Society, the Kentucky Heritage Commission, the Bourbon County Joint Planning Commission and/or any governmental agency for the purpose of preservation.

“BOARD OF ADJUSTMENT or BOARD.” The Joint Board of Adjustment having jurisdiction over unincorporated Bourbon County, the City of Paris and the City of North Middletown in accordance with the amended interlocal agreement for a joint planning unit.

"BUILDING PERMIT." A permit issued by the Building Inspector authorizing the construction or alteration of a specific building on a specific lot.

"CITIZEN MEMBER." Any member of the Planning Commission or Board of Adjustment who is not an elected official or employee of the city or county.

"CITY." Refers to the City of Paris.

"CONDITIONAL USE." A use which is essential to, or would promote the public health, safety, or welfare in one or more zones, but which would impair the integrity and character of the zone in which it is located, or of adjoining zones, unless restrictions on location, size, extent, and character of performance are imposed in addition to those imposed in the zoning regulation.

"CONDITIONAL USE PERMIT." Legal authorization to undertake a conditional use, issued by the administrative official pursuant to authorization by the Board of Adjustment, consisting of two (2) parts:

(A) A statement of the factual determination by the Board of Adjustment which justifies the issuance of the permit; and

(B) A statement of the specific conditions which must be met in order for the use to be permitted.

"CONDOMINIUM DEVELOPMENTS." Developments subject to the Kentucky Horizontal Property Law, in which there is separate ownership of individual units and communal ownership of those improvements owned neither by one individual unit owner, not by a local government or utility." (Am. Ord. passed 11-8-2005)

"CONVENIENCE MARKETS." A retail business designed to sell snack and grocery items and health and beauty aids along with the retail sales of gasoline. Grease racks and repair facilities would be expressly prohibited under this definition.

"DEVELOPMENT PLAN." Written and graphic material for the provision of a development, including any or all of the following: location and bulk of buildings and other structures, intensity of use, density of development, streets, ways, parking facilities, signs, drainage of surface water, access points, a plan for screening or buffering, utilities, existing manmade and natural conditions, and all other conditions agreed to by the applicant.

"DIMENSIONAL VARIANCE." A departure from the terms of the zoning regulation pertaining to height or width of structures, or the size of yards and open spaces, where such departure will not be contrary to the public interest, and where, owing to conditions peculiar to the property because of its size, shape, or topography, and not as a result of the actions of the applicant, the literal enforcement of the zoning regulations would result in unnecessary and undue hardship.

"DISTRICT." A portion of the territory, within the City of Paris, in which certain regulations and requirements apply under the provision of this Zoning Ordinance.

"DWELLING." Building or portion thereof occupied exclusively for residential purposes, not including a mobile home or trailer, and falling into one of the following categories:

(A) "SINGLE FAMILY DWELLING." Building occupied and intended for use exclusively for residence purposes by one family or housekeeping unit.

(B) “TWO-FAMILY DWELLING." Building occupied and intended for use exclusively by two (2) families or two (2) housekeeping units, commonly known as a duplex.

(C) "TOWNHOUSES." A group of three (3) or more attached, one or two-story, single-family dwellings each separated by a common vertical wall, of which unit has its own entrance and lot, including front yard and back yard.

(D) "MULTI-FAMILY DWELLING." Building or portion thereof occupied by three (3) or more housekeeping units, each with separate living quarters, cooking, and bathroom facilities.

"DWELLING UNIT." One room or rooms connected together, constituting a separate, independent housekeeping establishment for occupancy by a family as owner, one or more persons, by rental or lease on a weekly, monthly, or longer basis and physically separated from any other rooms or dwelling units which may be located in the same building, and containing independent cooking, bathroom and sleeping facilities.

"HOME OCCUPATION." An occupation carried on in a dwelling unit or other structure accessory to a dwelling unit, by a member or members of the bona fide residents of the dwelling and which is clearly incidental and secondary to the use of the dwelling unit for residential purposes, provided such home occupation is performed under the conditions set out in Article III, Section 80.201.A.3(a)(1)ii.

"HOUSING OR BUILDING REGULATION." The Kentucky Building Code, the Kentucky Plumbing Code, and any other building or structural code promulgated by the Commonwealth or by its political subdivisions.

"JUNKYARD." A lot, land, or structure, or part thereof used primarily for the collecting, storage or sale of waste paper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and/or for the sale of parts thereof.

"LEGISLATIVE BODY." Bourbon County Fiscal Court or the Paris City Commission.

"LOT OF RECORD." A lot which is recorded in the office of the Bourbon County Clerk.

"MANUFACTURED HOME." A structure manufactured after June 15, 1976, and in accordance with the federal act (National Manufactured Housing Construction and Safety Standards Act); which is transportable in one (1) or more sections which, in the traveling mode, is eight (8) body feet or more in width and forty (40) body feet or more in length, or when erected on site is three hundred, twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling, place of business, profession, or trade, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. Each transportable section must have the red label certifying that the structure is built to HUD specifications. "Manufactured Homes" must also be reviewed and certified by the Kentucky Division of Building Codes Enforcement, Modular and Manufactured Housing.

"MICRO-BREWERY." An establishment, within a completely enclosed building, which is intended for the production of up to 25,000 barrels per year, of malt beverages, to include providing sampling, and sales by the drink, or by package, of malt beverages in accordance with the terms, conditions, and licenses specified by KRS 243.088, KRS 243.150, and KRS 243.157, and other applicable federal, state, and local laws.

"MICRO-DISTILLERY (Craft Distillery)." Small establishment primarily engaged in on-site distillation of spirits (Examples: vodka, gin, tequila, rum, whiskey) and may include retail and food service. Typically, micro-distilleries offer free tours and tastings to those over 21. Establishments must be in accordance with KRS 243.0305, KRS 243.120, KRS 243.240, KRS 243.250, and other federal, state and local laws.

"MINI-WAREHOUSES." Structures designed primarily for the storage of retail or personal property. Wholesale storage may be allowed by Board of Adjustment with stipulation no sales may be conducted on mini-warehouse lot.

"MOBILE HOME." A structure manufactured prior to June 15, 1976, which was not required to be constructed in accordance with the federal act (National Manufactured Housing Construction and Safety Standards Act), which is transportable in one (1) or more sections which, in the traveling mode, is eight (8) body feet or more in width and forty (40) body feet or more in length, or when erected on site is three hundred, twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. A "mobile home" is considered a "manufactured home", except that it is built before June 15, 1976.

"MODULAR HOME." A factory-built home, other than a manufactured home, which is designed only for erection, or installation, on a site-built permanent foundation; is not designed to be moved once so erected or installed. These structures are known in Kentucky as "Kentucky Industrialized Building Systems", with plans and site review and approval to be done by the Kentucky Division of Building Codes Enforcement, Modular and Manufactured Housing.

“NON-CONFORMING LOTS.” Lots of record at the time of adoption or amendment of this Zoning Ordinance, that do not conform with the current minimum lot area, width, depth or street frontage regulations prescribed for the district in which the lot is located.

“NON-CONFORMING STRUCTURES.” Structures that were lawful prior to adoption or amendment of this Zoning Ordinance, but do not currently conform with the setbacks, coverage, height or other structural restrictions.

“NON-CONFORMING USES.” Uses of land or structures that were lawful prior to the adoption or amendment of this Zoning Ordinance but would be prohibited, regulated or restricted under this Zoning Ordinance in the district in which they are located. Included in this definition are uses that would be otherwise permitted in the district by this Zoning Ordinance, but do not meet the requirements associated with such uses, e.g., parking, open space, setbacks, and the like.

"OUTDOOR ADVERTISING." A visible, immobile contrivance or structure in any shape or form, the purpose of which is to advertise any product or service, campaign, event, and the like.

"PLANNING COMMISSION." The Bourbon County Joint Planning Commission.

"PLANNING OPERATIONS." The formulating of plans for the physical development and social and economic well-being of a planning unit, and the formulating of proposals for the means of implementing the plans.

"PLANNING UNIT." The City of Paris, or Bourbon County, or in combination of both engaged in planning operations, in accordance with KRS 100.113.

"PLAT." A prepared drawing to an appropriate scale of a proposed lot(s) or parcel(s) of land as required in these regulations.

"POLITICAL SUBDIVISION." A separate legal entity of a state that has governmental powers and functions; ordinarily a city, county, school district, and other similar governmental entities.

"PUBLIC FACILITY." Any use of land whether publicly or privately owned, for transportation, utilities, or communications, or for the benefit for the general public, including but not limited to libraries, streets, schools, fire or police stations, county buildings, municipal buildings, recreational centers including parks, and cemeteries.

"REGULATION." Any enactment by the legislative body of a city or county whether it is an ordinance, resolution, or an order, and including regulations for the subdivision of land adopted by the Planning Commission.

"SET-BACK LINE." The minimum yard distance, required by these regulations, to be maintained between a given lot line or R.O.W and any portion of a structure - front, rear, and side, as specified. (See drawing below)

"SIGN." Any name, identification, description, display, illustration, or device, which is affixed to, painted, or represented directly or indirectly upon a building, structure, or land, in view of the general public and which directs attention to a product, place, activity, person, or business. The term "SIGN" shall not include the flag, pennant, or insignia of any nation, state, city, or other political unit, or of any civic, professional, religious, or like society, campaign, drive, movement or event.

"SIGN, BILLBOARD." A sign, which directs attention to a product, person, or activity with no information as to where such product, person, or activity is available.

"SIGN, FREE-STANDING." A non-movable sign which is not attached to any building or structure but is self-supporting. The structural elements of a free-standing sign which are not part of the display, shall not be included in computing the area of such a sign, and placement shall be in accordance with Section 80.202.

"SIGN, ILLUMINATED." A sign lighted by, or emitting, artificial lighting either by lights on or inside the sign, or directed toward the sign. Illumination must be consistent with the guidelines provided in Section 80.202 (Signs and Outdoor Advertising).

"SIGN, OFF PREMISES." A sign which directs attention to a specific location or establishment where a business, product, service, or activity is generally conducted, sold or offered elsewhere other than on the premises where such sign is located.

"SIGN, ON PREMISES." A sign which directs attention to a business, profession, product, activity, or entertainment, sold or offered upon the premises which such sign is located.

"SIGN, PORTABLE." A sign that is not permanently affixed to a building, structure, or the ground, and may periodically be moved to various locations on the property.

"SIGN, PROJECTING." Any sign which is attached directly to a canopy, marquee, or wall of a building or other structure, the surface of which extends horizontally outward from such canopy, marquee, or wall more than twelve (12) inches.

"SIGN, TEMPORARY." A sign or advertising display intended to be displayed for a limited time only and including: announcements relating to sales, drives, or events of a civic or philanthropic, educational, or religious organization; signs advertising the specific property on which they are placed for sale, lease, or rent; posters for candidates and issues for public election; portable signs designed to be moved from place to place; and signs identifying the name of a subdivision or a development project, including the names of architectural, engineering, construction, financing, or sales firms engaged in the development of such a project.

"SIGN, WALL." A sign, which is attached or painted with the surface parallel to the face of a wall of a building or other structure.

"SITE PLAN." Similar to a development plan, but not as much detail is required. A site plan shows a lot with the location of all existing and proposed structures, yard setbacks, driveways, parking spaces, means of ingress and egress, drainage facilities, street grades, and proposed finished grades, and any other information that may be reasonably required in order to make an informed decision, as detailed in Article VI. To obtain a building permit for single family or two family residential housing from the Administrative Officer, or for a zoning map amendment for single family or two family residential, a site plan is required. For all other building permits or zoning map amendments a development plan is necessary.

"STRUCTURE." Anything constructed or made, the use of which requires permanent location in or on the ground, or attachment to something having a permanent location in or on the ground, including buildings, signs, and in-ground swimming pools.

"SUBDIVISION." The division of a parcel of land into two (2) or more lots or parcels for the purpose, whether immediate or future, of sale, lease, or building development, or if a new street is involved, any division of a parcel of land; providing that a division of land for agricultural purposes into lots or parcels of five (5) acres, or more and not involving a new street shall not be deemed a subdivision. The term includes re-subdivision and when appropriate to the context, shall relate to the process of subdivision or to the land subdivided. Any division or re-division of land into parcels of less than one (1) acre occurring within twelve (12) months following a division of the same land shall be deemed a subdivision.

"UNOBSTRUCTED OPEN SPACE." An area of land required to be maintained as specific herein, upon which no structure may be erected except those accessory structures used in connection with the movement or regulation of traffic.

"VARIANCE." A modification from the literal provisions of these regulations by the Board of Adjustment in cases where a literal enforcement of its provisions would result in unnecessary hardship due to circumstances unique to the individual property for use for which the variance is granted.

"WINERY" A commercial facility for the fermentation and processing of grapes or other products into wine. The term "winery" shall include winery visitor's center, which includes tour and tasting facilities, and a gift shop for retail sales of wines and wine related items. The winery shall be permitted to sell at retail, from the premises, wine by the glass and bottle to visitors for consumption on the premises as well as to sell at retail sealed bottles or other sealed containers of such wine for consumption off the premises. The winery shall operate in accordance with KRS 243.031, KRS 243.088, KRS 243.120, KRS 243.154, KRS 243.155, and other applicable federal, state and local laws.

"YARD." An open space between a principal structure and each lot line, unoccupied and unobstructed by any portion of the structure from the ground upward, except as otherwise provided in this ordinance. (See graphic following "SETBACK LINE" definition).

"ZONE." Land use regulation of which the basic purpose and function is to divide a municipality into districts (residential, commercial, industrial, and the like) as depicted on the Official Paris Zoning Map. Districts are separate from one another, with the use of property within each district being reasonably uniform. The districts generally have additional restrictions within these regulations.

(Am. Ord. passed 7-6-76, Section 1; Am. Ord. passed 8-3-76, Section 1; Am. Ord. passed 12-29-80, Section 1; Am. Ord. 10-86, passed 3-25-86; Am. Ord. 2014-12, passed 7-15-14; Am. Ord. 2019-7, passed 8-13-19)

___________

Cross reference:

Definitions and rules of construction, generally, Sections 10.002-10.003

ARTICLE II. ESTABLISHMENT OF DISTRICTS

§ 80.100 ESTABLISHMENT OF DISTRICTS; PROVISIONS FOR OFFICIAL ZONING MAP

A. Districts.

1. For the purpose of these regulations, the Paris area is hereby divided into the following districts:

A- Agricultural

R-1 Residential

R-2 Residential

R-3 Residential

R-4 Residential

R-5 Residential

R-6 Residential

R-7 Residential

R-8 Residential

B-1 Central Business

B-2 General Commercial

B-3 Neighborhood Commercial

I-1 Light Industrial

I-2 Heavy Industrial

C- Conservation

H-M Hospital/Medical

H Historic

PUD Planned Unit Development

(Am. Ord. passed 5-6-80, Section 1)

B. Zoning Map.

1. The above districts are bounded and defined as shown on a map entitled "Official Zoning Map, Paris-Bourbon County, Kentucky".

In addition to its title, each separate section of the zoning map shall be identified by the signature of the Mayor, attested by the City Clerk and bearing the seal of the city under the following words:

"This is to certify that this is a section of the official zoning map referred to in Section 80.100.C. of the Paris Zoning Order, adopted by the City Commission."

If, in accordance with the provisions of this order and Kentucky Revised Statutes, changes are made in zoning boundaries or other matters portrayed on the official zoning map, such changes shall be made by the local governing body together with an entry on the official zoning map giving a brief description of nature of change, which entry shall be signed by the legislative officer and attested. No amendment to these regulations which involves matters portrayed on the official zoning map shall become effective until after such change and entry have been made on said map.

No changes of any nature shall be made on the official zoning map or matter shown thereon except in conformity with the procedures set for the herein. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of these regulations and punishable as provided under Section 80.303.

Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map which shall be located in the office of the Director of Engineering Services, shall be the final authority as to the current zoning status of land, buildings, and other structures within the county.

C. Replacement of the Official Zoning Map.

In the event that the official zoning map becomes damaged, destroyed, or difficult to interpret because of the nature or number of changes, the legislative body may, by resolution, adopt a new official zoning map which shall supersede the prior official zoning map. Separate sections of the map may also be replaced as needed. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original zoning regulations or any subsequent amendment thereof. Each new section of the zoning map shall be identified by the signature of the City Mayor or County Judge attested by the Clerk and bearing the seal of the city or county under the following words:

"This is to certify that this Section of the Official Zoning Map supersedes and replaces the same Section of the Official Zoning Map adopted December 12, 1972 for Paris-Bourbon County, Kentucky."

The old map shall be retained as a part of the Commission records. (Ord. passed 12-12-72)

(Am. Ord. 2014-12, passed 7-15-14)

§ 80.101 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES

A. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

1. Boundaries indicated as approximately following the center-lines of streets, highways, or alleys shall be construed to follow such center lines;

2. Boundaries indicated, as approximately following city limits shall be construed as following city limits;

3. Boundaries indicated, as approximately following platted lot lines shall be construed as following platted lot lines;

4. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;

5. Boundaries indicated as approximately following the center-lines of streams, rivers, valleys, ditches, gulleys, or other bodies of water shall be construed to follow such center-lines;

6. Boundaries indicated as parallel to or extensions of features listed in numbers 1. through 5. above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map;

7. Areas indicated by reference to subdivision or other plats of record shall have the boundaries shown on such plats;

8. Where physical or manmade features existing on the ground are at variance with those shown on the official zoning map or in other circumstances not covered by 1. through 7. above, the Planning and Zoning Commission shall interpret the district boundaries.

(Am. Ord. 2014-12, passed 7-15-14)

ARTICLE III. REGULATIONS

§ 80.200 APPLICATION OF REGULATIONS

A. The regulations established herein within each district shall be minimum regulations and shall apply uniformly to each class or kind of structures or land, except as hereinafter otherwise provided:

B. No building, structure, or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, restructured, moved, or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.

C. No building or other structure shall hereafter be erected or altered:

1. To exceed the height:

2. To accommodate or house a greater number of families;

3. To occupy a smaller lot area;

4. To have narrower or small rear yards, front yards, side yards, or other open spaces; than herein required, or in any manner contrary to the provisions of these regulations.

D. No part of a yard or other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with these regulations shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

E. No yard or lot existing at the time of passage of these regulations shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of these regulations shall meet at least the minimum requirements established herein.

(Am. Ord. 2014-12, passed 7-15-14)

§ 80.201 DISTRICT REGULATIONS

A. No land shall be used or occupied and no structure shall be designed, erected, altered, used, or occupied except for the following primary permitted uses for each of the several following districts, together with lawfully permitted home occupations and temporary uses as listed below and permitted accessory uses.

1. All districts.

(a) Uses permitted:

(1) Public Park, playground, and other public recreation areas.

(2) Uses by temporary permit:

i. Non-commercial concrete batching plant (permit not to exceed six (6) months).

ii. Temporary building, office, or yard for construction (permit not to exceed six (6) months). See also Section 80.204.B. specific to “Residential Districts”.

iii. Temporary building for conducting business during construction, repair, or remodeling of principle building (permit not to exceed six (6) months).

(Am. Ord. passed 11/12/02, Section 1)

(3) Accessory Uses and Structures:

i. Uses permitted: customary accessory uses shall be permitted in any zoning district provided such use is directly related to the principal use.

ii. Height and setback: unless otherwise indicated in the following table, the height and yard setback requirements for accessory structures and uses shall be the same as for the principal permitted structures and uses.

iii. Table of Special Height and Setback Requirements:

Principal Use	Accessory Use	Minimum Setback			Maximum Height
		Front	Side	Rear
Residence	Carport	X	4'	9'	18'
	*Garage	X	2'	3'	18'
	Pet House	X	2'	3'	NA
	Play-House	X	6'	6'	NA
	Solar Collectors	X	6'	6'	NA
	Swimming Pool Structures (Above and below ground; including decks, stairs)	X	6'	6'	NA
	TV Satellite Receiver	X	6'	6'	12'
	Utility Building	X	2'	3'	12'
Business	Dumpster Pad	X	12'	15'	NA
Industry	Dumpster Pad	X	12'	15'	NA
	*Caretaker Quarters	30'	10'	12'	35"
X - Not Permitted
NA - Not Applicable
*Note: Free-standing structures shall be located at least ten (10) feet from principal structures. Attached structures or structures closer than ten (10) feet shall have the same setbacks as the zoning district requires.

(Am. Ord. passed 11-12-02, Section 1; Am. Ord. 2018-4, passed 6-26-18)

(b) Lot width. The minimum lot width requirements are to be measured at the building front setback line and shall be as hereinafter specified, except that with the special approval of the Planning Commission where lots front on a cul-de-sac, a lesser width may be permitted where the area requirements of the lot are met and where the Planning Commission finds that such lesser width will not damage the appearance of the neighborhood and that a strict requirement of the lot width normally required in the district would be impractical or uneconomic in the subdivision of the land from which the lot is created.

(Am. Ord. passed 11-13-73, Section 1)

(c) Lot area and lot width; existing buildings. The minimum area requirements for lots in all districts shall be a hereinafter provided, except where lots of record are concerned. Where two (2) or more buildings were erected upon one (1) lot of record and separately occupied and used before any zoning regulations were effective applicable thereto, the Planning Commission may approve the subdivision of such lot into smaller lots so that said buildings may be conveyed to separate owners where the Commission finds that the smaller lots will not be materially different from other lots in the neighborhood.

(Am. Ord. Passed 11-13-73, Section 1)

(d ) Corner lots. This section shall provide for the maximu m safety of driver visibility and persons using sidewalks. On any corner lot or curb cut, no wall, fence, structure, parking space, or any plant growth which obstructs sight lines at elevations between two and one-half (2 ½) feet and nine (9) feet above the crown of the adjacent roadway shall be placed or maintained within a triangular area twenty-five (25) feet along each of the intersecting streets to be measured from the property line. When the property line extends into the street, as in lots of record, the 25 foot measurement shall be taken from the edge of the intersecting pavement. (See Following Drawing)

(e) Required setbacks involving rights-of-way. In all zoning districts where front yard setbacks are required, that setback shall be measured from the known right-of-way. Where there is no known right-of-way line, the required yard setback shall be measured from the nearest edge of the pavement of the street or road involved.

2. Agricultural District(s) - A.

(a) A - Agricultural.

(1) Uses permitted.

i. Agricultural activities including agricultural crops, dairying, and the raising of fowls or animals of any kind and feeding lots.

ii. Single-family dwellings occupied by the owner or operator of the farm and such additional single-family dwellings as are necessary for occupancy by the employees of the farm operation. Permanent type buildings (not mobile homes) erected for this purpose and afterwards found to be unnecessary for such purpose may be rented for residential use.

iii. Sale on the premises of agricultural products produced on the premises.

iv. Public, semi-public, and private lands for open space reserves that may be for permanent open spaces for future development in accordance with this ordinance.

(2) Accessory structures and uses permitted:

i. Accessory buildings which are not a part of the main buildings, including barns, sheds, and other farm buildings. Private garages and accessory buildings which are part of the main buildings shall be permitted.

(3) Building height.

i. No building or structure shall exceed thirty-five (35) feet in height.

(4) Lot area and width. Lots shall be no less than 5 acres and the lot width, at the building setback line, shall be no less than two hundred, fifty (250) feet.

(5) Minimum setbacks required.

i. Front. Sixty (60) feet, measured from the street right-of-way to the furthermost projection of the principal structure.

ii. Side. Fifteen (15) feet, measured from the side yard property lines to the furthermost projection of the principal structure.

iii. Rear. Twenty-five (25) feet, measured from the rear yard property line to the furthermost projection of the principal structure.

iv. Corner lots. The minimum side yard setback on any street not having lots fronting upon it shall be fifteen (15) feet from the right-of-way line measured to the nearest portion of the principal structure. Where the street on the side of the corner lot has lots fronting upon it within the same block and on the same side of the street, the side yard setback on the corner lot shall be equal to the front yard setback requirements for lots fronting on that street.

v. Setbacks for public and semi-public buildings. All public and semi-public buildings, including accessory buildings, shall have at least the same front yard setbacks required for all other buildings in this district. There shall be a minimum side yard and rear yard setback for such buildings of fifty (50) feet from any lot line.

vi. Exceptions. In order to allow productive use of property, the Board of Adjustments shall permit lesser setbacks to be established where the lot involved is a lot of record and lesser setbacks will be in conformity with existing structures in the area.

(6) Uses permitted by conditional use.

i. Public and parochial schools and colleges, private schools and colleges for academic instruction.

ii. County clubs, golf courses. libraries, public parks, playgrounds and community centers, churches, public and private non-commercial recreation areas, public utilities, public transportation, and any federal, state, city or county-owned public buildings and/or uses. Also animal hospitals.

3. Residential - R-1, R-2, R-3, R-4, R-5, R-6, R-7, R-8.

(a) R-1 Residential.

(1) Uses permitted:

i. Single-family dwellings which are not mobile homes. Anything to the contrary notwithstanding, a mobile home prohibited in a residential district for purposes of this ordinance shall not be deemed to include what is commonly known as a modular home which is intended as a permanent structure, even though all or a part of said home shall be initially moved upon the premises upon wheels, provided same is promptly converted into a permanent structure. The minimum specifications required to qualify a modular home shall be as fixed from time to time by the Planning Commission. In any case, the home must be securely connected to a permanent type of foundation, and have the hitches, axles and wheels removed. These structures are known in Kentucky as “Kentucky Industrialized Building Systems”, with plans, site review and approval to be done by the Kentucky Division of Building Codes Enforcement, Modular and Manufactured Housing.

(Am. Ord. passed 6-25-74)

ii. Home occupations as defined in Section 80.008 (definition of home occupations) herein, and which meet the following criteria (i-vii):

(i) The operator must be resident in the principal building on the property;

(ii) No more than one person, not a resident of the premises, may be employed regularly;

(iii) The use will occupy no more than twenty-five percent (25%) of the total floor area of the dwelling;

(iv) The use does not change the appearance of any structure from that of a residence;

(v) The use does not adversely affect the immediate neighborhood by excessive traffic generation, noise, or similar nuisance;

(vi) No outside signage shall be permitted except one professional, or announcement, sign not to exceed 2 square feet in area;

(vii) Home occupations are to be limited to those listed below (A-M):

(A) Beauty shop;

(B) Custom dressmaking, millinery, tailoring, sewing of fabrics for custom apparel and custom home furnishings;

(D) Tutoring, limited to not more than four (4) children simultaneously;

(E) Fine arts studio in which are created only individual works of art;

(F) Rooming and/or boarding of not more than four (4) persons;

(G) Bakeries, which do not employ more than two (2) full time persons;

(H) Antique shops;

(I) Art galleries;

(J) Photography studios;

(K) Computer consulting and services;

(L) Catering;

(M) Dog grooming.

iii. Bed and breakfast establishments limited to five (5) separate accommodations.

(Am. Ord. 14-84, Section I, passed 5-29-84; Am. Ord. 15-86, passed 6-10-86; Am. Ord. 46-88, passed 9-13-88; Am. Ord. 90-36, passed 12-11-90; Am. Ord. 93-23, passed 6-22-93; Am. Ord. passed 12-11-97; Am. Ord. 2001-2, passed 1-9-01)

(2) Uses prohibited.

i. Mobile homes are expressly prohibited.

(Am. Ord. passed 3-2-76, Section 1)

(3) Building height. No building or structure shall exceed thirty-five (35) feet in height.

(Ord. passed 12-12-72)

(4) Required lot area and lot width.

i. There shall be only one single-family dwelling located on a single lot of not less than twenty-two thousand, five hundred (22,500) square feet in area. The minimum lot width measured at the building setback line shall not be less than one hundred, fifty (150) feet.

(5) Minimum setbacks required.

i. Front. Thirty (30) feet, measured from the street right-of-way line to the furthermost projection of the principal structure.

ii. Side. Fifteen (15) feet, measured from the side property line to the furthermost projection of the principal structure.

iii. Rear. Twenty-five (25) feet, measured from the rear property line to the furthermost projection of the principal structure.

iv. Corner lot setbacks. The minimum side yard setback on any street not having lots fronting upon it shall be fifteen (15) feet, measured from the right-of-way line to the furthermost projection of the principal structure. Where the street on the side of the corner lot has lots fronting upon it within the same block and on the same side of the street, the side yard setback on the corner lot shall be equal to the front yard setback requirements for lots fronting on that street.

v. Setbacks for public and semi-public buildings. All public and semi-public buildings, including accessory buildings shall have at least the same front yard setback required for all other buildings in this district. There shall be a minimum side yard and rear yard setback for such buildings, of fifty (50) feet, from any lot line.

(6) Uses permitted by conditional use.

i. The following uses are permitted as conditional uses and require written approval of the Board of Adjustment. Churches and other places of worship; parish houses; public libraries; schools; municipal, county, state or federal uses; pumping stations; utility offices; substations; utilities; funeral homes; cemeteries; nursing homes; hospitals for human care; philanthropic institutions and clubs, except a club the chief activity of which is conducted as a business; radio broadcasting and executive offices; offices of doctors, optometrists, realtors, or lawyers; state approved child care service where over five (5) children are present. The Board of Adjustment may deny approval or attach certain conditions to its approval which it feels are necessary requirements in order to preserve and protect the character of the district.

(Am. Ord. passed 5-8-73; Am. Ord. passed 9-9-75, Section 1; Am. Ord. 9-86, passed 3-25-86; Am. Ord. 91-31, passed 11-12-91)

(b) R-2 Residential.

(1) Uses permitted.

i. Single-family dwellings which are not mobile homes.

ii. Home occupations as defined in Section 80.008 (definition of home occupations) herein, and which meet the following criteria (i-vii):

(i) The operator must be resident in the principal building on the property:

(ii) No more than one person, not a resident of the premises, may be employed regularly;

(iii) The use will occupy no more than twenty-five percent (25%) of the total floor area of the dwelling;

(iv) The use does not change the appearance of any structure from that of a residence;

(v) The use does not adversely affect the immediate neighborhood by excessive traffic generation, noise, or similar nuisance;

(vi) No outside signage shall be permitted except one professional, or announcement, sign not to exceed 2 square feet in area;

(vii) Home occupations are to be limited to those listed below (A-M):

(A) Beauty shop;

(B) Custom dressmaking, millinery, tailoring, sewing of fabrics for custom apparel and custom home furnishings;

(D) Tutoring, limited to not more than four (4) children simultaneously;

(E) Fine arts studio in which are created only individual works of art;

(F) Rooming and/or boarding of not more than four (4) persons;

(G) Bakeries, which do not employ more than two (2) full time persons;

(H) Antique shops;

(I) Art galleries;

(J) Photography studios;

(K) Computer consulting and services;

(L) Catering;

(M) Dog grooming.

iii. Bed and breakfast establishments limited to five (5) separate accommodations.

(2) Uses prohibited.

i. Mobile homes are expressly prohibited.

(3) Building height. No building or structure shall exceed thirty-five (35) feet in height.

(4) Minimum lot area and lot width.

i. There shall be only one single-family dwelling located on a single lot of not less than ten thousand (10,000) square feet. The minimum required lot width at the building setback line for single-family dwellings shall be eighty (80) feet.

(5) Minimum setbacks required.

i. Front. Thirty (30) feet, measured from the street right-of-way line, to the furthermost projection of the principal structure.

ii. Side. Ten (10) feet, measured from the side property line to the furthermost projection of the principal structure.

iii. Rear. Twenty-five (25) feet, measured from the rear property line to furthermost projection of the principal structure.

iv. Corner lot setbacks. The minimum side yard setback on any street not having lots fronting upon it shall be ten (10) feet, measured from the right-of-way line to the furthermost projection of the principal structure. Where the street on the side of the corner lot has lots fronting upon it within the same block and on the same side of the street, the side yard setback on the corner lot shall be equal to the front yard setback requirements for lots fronting on that street.

(6) Uses permitted by conditional use.

i. The following uses are permitted as conditional uses and require written approval of the Board of Adjustment. Churches and other places of worship; parish houses; public libraries; schools; municipal, county, state or federal uses; pumping stations, utility offices, substations; utilities; funeral homes; cemeteries; nursing homes, hospitals for human care; philanthropic institutions and clubs, except a club the chief activity of which is conducted as a business; radio broadcasting and executive offices; offices of doctors, optometrists, realtors, or lawyers; state approved child care service where over five (5) children are present. The Board of Adjustment may deny approval or attach certain conditions to its approval which it feels are necessary requirements in order to preserve and protect the character of the district.