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 | |||
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 maximum 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;
(C) Business office in which goods, wares, or merchandise are not commercially created, stored or sold;
(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.
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. 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;
(C) Business office in which goods, wares, or merchandise are not commercially created, stored or sold;
(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.
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.
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. 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.
(A m. Ord. passed 3-2-76, Section 1)
(c) R-3 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;
(C) Business office in which goods, wares, or merchandise are not commercially created, stored or sold;
(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 seven thousand, two hundred (7,200) 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 the furthermost projection of the principal structure.
iv. Corner lot setbacks. The minimum side yard setback line 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 a 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 provide the same front yard setback as required for all other buildings in this zone. 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. 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 3-2-76, Section 1; Am. Ord. passed 10-26-76, Section 1)
(d) R-4 Residential.
(1) Uses permitted.
i. Single-family dwellings that 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;
(C) Business office in which goods, wares, or merchandise are not commercially created, stored or sold;
(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.
iv. Two-family dwellings.
v. Townhouses, or rowhouses, with the following limitations:
(i) Not more than six (6) single-family townhouse units may be attached in one single structure within a R-4 District.
(ii) Single units must be at least 18 feet wide.
(iii) Individual townhouse units shall have the following setback requirements:
(iv) Minimum lot size: 1800 square feet.
(v) Minimum lot frontage: 18 feet; measured at the building setback line.
(vi) Minimum front yard setback: 15 feet, measured from the street right-of-way line to the furthermost projection of the principal structure.
(vii) Minimum side yard setback: 10 feet, for exterior units on attached townhouses measured from the property line to the furthermost projection of the principal structure.
(viii) Minimum rear yard setback: 25 feet, measured from the rear property line to the furthermost projection of the principal structure.
(ix) There must be a break of 3 feet from the front yard setback at least every third unit within attached townhouses.
(x) Maximum lot coverage of 50%.
(xi) Maximum density of 10 dwelling units per gross acre with a R-4 District.
(xii) Townhouses shall require subdivision approval.
(xiii) The requirement for on-lot parking facility may be waived where collective parking facilities are proposed.
vi. Townhouse condominium developments in which each unit meets the requirements of Residential R-4, (1)v. (townhouses) except that:
(i) The lot sized requirements of (1)v.(iv) shall be suspended.
(ii) The frontage requirements of (1)v.(v) shall not apply. Instead, no unit shall be narrower than eighteen (18) feet.
(iii) The setback requirements of (1)v.(vi), (vii), and (viii) shall not apply. Instead, no building shall be located any closer than thirty (30) feet from another detached building or the edge of a street's pavement.
(iv) The maximum lot coverage of (1)v.(vii) shall apply to the area of the entire development, exclusive of roads.
(v) Subdivision approval shall be required prior to the recording of the master deed.
(Am. Ord. passed 04-21-97, Section 1; Am. Ord. passed 11-08-2005, Section 3)
(2) Uses prohibited.
i. Mobile homes are expressly prohibited.
(3) Building height. No building or structure shall exceed forty-five (45) feet in height.
(4) Minimum lot area and lot width.
i. There shall be only one single-family dwelling, or two-family dwelling, located on a single lot of not less than seven thousand, two hundred (7,200) square feet. The minimum required lot width at the building setback line for single-family and two-family dwellings shall be eighty (80) feet. Townhouse lot area and lot width are governed by Residential R-4, (1)v. and Residential R-4 (1)vi.
(5) Minimum setbacks required.
i. Front. For single and two-family dwellings - Twenty-five (25) feet, measured from the street right-of-way line to the furthermost projection of the principal structure.
ii. Side. For single and two-family dwellings - Ten (10) feet, measured from the side property line to the furthermost projection of the principal structure.
iii. Rear. For single and two-family dwellings - 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 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.
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.
vi. Setbacks for townhouses are governed by Residential R-4, (1)v. and Residential R-4 (1)vi.
vii. 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. 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 3-2-76, Section 1; Am. Ord. passed 7-6-76, Section 6; Am. Ord. passed 10-26-76, Section 1;)
(e) R-5 Residential.
(1) Uses permitted.
i. Single-family dwellings that 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;
(C) Business office in which goods, wares, or merchandise are not commercially created, stored or sold;
(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.
iv. Two-family dwellings.
v. Multi-family dwellings.
vi. Townhouses, or rowhouses, with the following limitations:
(i) Not more than ten (10) single-family townhouse units may be attached in one single structure within a R-5 District.
(ii) Single units must be at least 18 feet wide.
(iii) Individual townhouse units shall have the following setback requirements:
(A) Minimum lot size: 1800 square feet.
(B) Minimum lot frontage: 18 feet; measured at the building setback line.
(C) Minimum front yard setback: 15 feet, measured from the street right-of-way line to the furthermost projection of the principal structure.
(D) Minimum side yard setback: 10 feet for exterior units on attached townhouses. measured from the property line to the furthermost projection of the principal structure.
(E) Minimum rear yard setback: 25 feet, measured from the rear property line to the furthermost projection of the principal structure.
(F) There must be a break of 3 feet from the front yard setback at least every third unit within attached townhouses.
(G) Maximum lot coverage of 50%.
(H) Maximum density of 16 dwelling units per gross acre with a R-5 District.
(I) Townhouses shall require subdivision approval.
(J) The requirement for on-lot parking facility may be waived where collective parking facilities are proposed.
vii. Townhouse condominium developments in which each unit meets the requirements of Residential R-4, (1)v. (townhouses) except that:
(i) The lot size requirements of (1)v.(iv) shall be suspended.
(ii) The frontage requirements of (1)v.(v) shall not apply. Instead, no unit shall be narrower than eighteen (18) feet.
(iii) The setback requirements of (1)v.(vi), (vii), and (viii) shall not apply. Instead, no building shall be located any closer than thirty (30) feet from another detached building or the edge of a street's pavement.
(iv) The maximum lot coverage of (1)v.(vii) shall apply to the area of the entire development, exclusive of roads.
(v) Subdivision approval shall be required prior to the recording of the master deed.
(2) Building height. No building or structure shall exceed forty-five (45) feet in height.
(3) Minimum lot area and lot width.
i. There shall be only one single-family dwelling, or two-family dwelling, located on a single lot of not less than seven thousand, two hundred (7,200) square feet. The minimum required lot width at the building setback line for single-family and two-family dwellings shall be eighty (80) feet. There shall be only one multi-family structure on a single lot of not less than six thousand (6,000) square feet for the first dwelling unit, plus one thousand, five hundred (1,500) square feet for each additional unit up to a total of four (4), and one thousand (1,000) square feet for each unit above a total of four (4). Minimum lot width for a multi-family structure shall be one hundred (100) feet. Townhouse lot area and lot width are governed by Residential R-4, (1)v. and Residential R-4 (1)vi.
(4) Minimum setbacks required.
i. Front. For single-family and two-family dwellings - Twenty-five (25) feet, measured from the street right-of-way line to the furthermost projection of the principal structure.
ii. Side. For single-family and two-family dwellings - Ten (10) feet, measured from the side property line, to the furthermost projection of the principal structure.
iii. Rear. For single-family and two-family dwellings - Twenty-five (25) feet, measured from the rear property line to the furthermost protection 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 from the right-of-way line measured 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 zone district. There shall be a minimum side yard and rear yard setback for such buildings, of fifty (50) feet, from any lot line.
vi. Setbacks for townhouses are governed by Residential R-4, (1)v. and Residential R-4 (1)vi.
vii. Setbacks for multi-family dwellings shall be the same as for townhouses.
viii. 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.
(5) 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.
(f) R-6 Residential.
(1) Uses permitted.
i. Mobile homes and mobile home parks under the conditions specified in Section 80.204 (Manufactured Homes) hereof.
ii. Single-family dwellings.
iii. 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;
(C) Business office in which goods, wares, or merchandise are not commercially created, stored or sold;
(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.
iv. Bed and breakfast establishments limited to five (5) separate accommodations.
v. Two-family dwellings.
vi. Multi-family dwellings.
vii. Townhouses, or rowhouses, with the following limitations:
(i) Not more than ten (10) single-family townhouse units may be attached in one single structure within a R-6 District.
(ii) Single units must be at least 18 feet wide.
(iii) Individual townhouse units shall have the following setback requirements:
(A) Minimum lot size: 1800 square feet.
(B) Minimum lot frontage: 18 feet; measured at the building setback line.
(C) Minimum front yard setback: 15 feet, measured from the street right-of-way line to the furthermost projection of the principal structure.
(D) Minimum side yard setback: 10 feet for exterior units on attached townhouses, measured from the property line to the furthermost projection of the principal structure.
(E) Minimum rear yard setback: 25 feet, measured from the rear property line to the furthermost projection of the principal structure.
(F) There must be a break of 3 feet from the front yard setback at least every third unit within attached townhouses.
(G) Maximum lot coverage of 50%.
(H) Maximum density of 16 dwelling units per gross acre within a R-6 District.
(I) Townhouses shall require subdivision approval.
(J) The requirement for on-lot parking facility may be waived where collective parking facilities are proposed.
viii. Townhouse condominium developments in which each unit meets the requirements of Residential R-4, (1)v. (Townhouses) except that:
(i) The lot sized requirements of Residential R-4, (1)v. (Townhouses) shall be suspended.
(ii) The frontage requirements of (1)v.(v) shall not apply. Instead, no unit shall be narrower than eighteen (18) feet.
(iii) The setback requirements of (1)v.(vi), (vii), and (viii) shall not apply. Instead, no building shall be located any closer than thirty (30) feet from another detached building or the edge of a street's pavement.
(iv) The maximum lot coverage of (1)v.(vii) shall apply to the area of the entire development, exclusive of roads.
(v) Subdivision approval shall be required prior to the recording of the master deed.
(2) Building height. No building or structure shall exceed forty-five (45) feet in height.
(3) Minimum lot area and width.
i. There shall be only one single-family dwelling, or two-family dwelling, located on a single lot of not less than seven thousand, two hundred (7,200) square feet. The minimum required lot width at the building setback line for single-family and two-family dwellings shall be eighty (80) feet. There shall be only one multi-family structure on a single lot of not less than six thousand (6,000) square feet for the first dwelling unit, plus one thousand, five hundred (1,500) square feet for each additional unit up to a total of four (4), and one thousand (1,000) square feet for each unit above a total of four (4). Minimum lot width for a multi-family structure shall be one hundred (100) feet. Townhouse lot area and lot width are governed by Residential R-4, (1)v. and Residential R-4 (1)vi. Mobile homes are governed by the specific provisions of Section 80.204 (Manufactured Homes) hereof.
(4) Minimum setbacks required.
i. Front. For single-family and two-family dwellings - Twenty-five (25) feet, measured from the street right-of-way line to the furthermost projection of the principal structure.
ii. Side. For single-family and two-family dwellings - Ten (10) feet, measured from the side property line, to the furthermost projection of the principal structure.
iii. Rear. For single-family and two-family dwellings - 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 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.
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.
vi. Setbacks for townhouses are governed by Residential R-4, (1)v. and Residential R-4 (1)vi.
vii. Setbacks for multi-family dwellings shall be the same as for townhouses.
viii. Setbacks for mobile homes are governed by Section 80.204 (Manufactured Homes) hereof.
ix. 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.
(5) 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.
(g) R-7 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;
(C) Business office in which goods, wares, or merchandise are not commercially created, stored or sold;
(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) Building height. No building or structure shall exceed thirty-five (35) feet in height.
(3) Required lot area and lot width.
i. There shall be only one single-family dwelling located on a single lot of not less than six thousand, three hundred (6,300) square feet. The minimum required lot width at the building setback line shall be seventy (70) feet.
(4) Minimum setbacks required.
i. Front. Twenty (20) feet, measured from the street right-of-way line, to the furthermost projection of the principal structure.
ii. Side. Five (5) 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 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.
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.
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.
(5) 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.
(Ord. 93-41, passed 9/28/93)
(h) R-8 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;
(C) Business office in which goods, wares, or merchandise are not commercially created, stored or sold;
(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) Building height. No building or structure shall exceed thirty-five (35) feet in height.
(3) Required lot area and lot width.
i. There shall be only one single-family dwelling located on a single lot of not less than six thousand three hundred (6,300) square feet. The minimum required lot width at the building setback line shall be sixty (60) feet.
(4) Minimum setbacks required.
i. Front. Twenty (20) feet, measured from the street right-of-way line, to the furthermost projection of the principal structure.
ii. Side. Five (5) feet, measured from the side property line 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 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.
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.
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.
(5) 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.
(Ord. 93-41, passed 9-28-93)
4. Commercial districts, B-1, B-2, B-3.
(a) B-1 Central Business. The B-1 Central Business District is the heart of the city's social, political, financial, cultural and economic activities. The purpose, therefore, of establishing the district shall be to preserve this area as the focal point of the city. to prohibit uses which would detract from the primary functions of the CBD, to lessen congestion, provide adequate parking, and make the area attractive to the general public.
(1) Uses permitted.
i. Any retail business, or service use excluding service stations.
ii. Public, semi-public uses, such as public libraries, schools, municipal, county, state or federal uses; pumping stations, substations, utilities and utilities offices; churches and other places of worship; parish houses; dry-cleaning establishments; souvenir or gift shops; sporting equipment sales; funeral homes; cemeteries; nursing homes; wineries; micro-breweries; hospitals for human care; philanthropic institutions and clubs; radio broadcasting; offices of doctors, optometrists, ophthalmologists, realtors, and lawyers; institutional, cultural and recreational facilities, hotels, motels, financial institutions; any other business office, professional and non professional; state-approved child care service.
iii. Any accessory use or building customarily incidental to the above uses.
iv. Apartment units above the first floor level.
(2) Building height. No building shall exceed six (6) stories or seventy-five (75) feet in height.
(3) Required side yard. Buildings on lots adjacent to a residential district shall have a side yard requirement (equal) to that of the residential district.
(4) Uses permitted by conditional use.
i. Single-family dwellings in existing structures originally designed as single-family dwellings.
(Am. Ord. 89-32, passed 7-11-89)
ii. Accessory uses (such as welding, assembly, and the like) which would normally be considered as permitted uses in other zones, but shall occupy no more than 10% of the total floor level.
Accessory uses (such as welding, assembly, and the like) which would normally be considered as permitted uses in other zones, but shall occupy no more than 10% of the total floor level.
iii. One apartment unit on the first (ground) floor with the following parameters:
(A) Square footage of the residential space shall not exceed 50% of the total first floor interior square footage;
(B) Apartment unit shall be located in the rear of the building, allowing for retail/commercial space along the public right-of-way;
(C) Entrance to the apartment unit shall be located in the rear of the building;
(D) Off-street, privately-owned parking shall be designated for at least one (1) vehicle; and
(E) No direct access to retail space from residential area.
(Am. Ord. 2019-6, passed 7-9-19)
(b) B-2 General Commercial. The B-2 General Commercial District is established to provide locations for retail activity which, if located in the central business district, would be a rather low economic level of land use as well as creating unnecessary traffic congestion of major streets or highways.
(1) Uses permitted.
i. Any retail business, or service use excluding service stations.
ii. Public, semi-public uses, such as public libraries, schools, municipal, county, state or federal uses; pumping stations, substations, utilities and utilities offices; churches and other places of worship; parish houses; dry cleaning establishments; souvenir or gift shops; sporting equipment sales; funeral homes; cemeteries; nursing homes; wineries; micro-breweries; hospitals for human care; philanthropic institutions and clubs; radio broadcasting; offices of doctors, optometrists, ophthalmologists, realtors, and lawyers; institutional, cultural and recreational facilities, hotels, motels, financial institutions; any other business office, professional and non professional; state-approved child care service.
iii. Any accessory use or building customarily incidental to the above uses.
iv. Apartment units above the first floor level.
v. Restaurants, drive-in restaurants, liquor stores, ice cream sales, and other food and drink service establishments.
vi. Service stations.
vii. Garages for repair of motor vehicles within closed buildings.
viii. Drive-in theaters.
ix. Automobile (new and used), truck, mobile home, and boat sales and service.
x. Recreational uses and places of amusement.
xi. Outdoor commercial advertising.
xii. Animal hospitals.
xiii. Mini-warehouses as defined in Section 80.008.
(2) Building height. No building or structure shall exceed thirty-five (35) feet in height.
(3) Required lot area and lot width. The minimum lot area for general commercial uses shall be one-half (½) acre (21,780) square feet. No lot shall be developed for general commercial use which is less than one hundred fifty (150) feet wide at the building setback line.
(4) Percentage of lot coverage. The total footprint area of the principal and accessory buildings shall not cover more than thirty-three (33%) percent of the lot.
(5) Minimum setbacks required.
i. Front. Fifty (50) feet, measured from any existing or proposed right-of-way line of any street or road to the furthermost projection of the principal structure. In the case of service stations, all gas pump islands, grease pits or racks, and other similar facilities shall be located no closer than twenty-five (25) feet from a property line or a street or highway right-of-way line.
ii. Side. Twenty-five (25) feet, measured from the side property line to the furthermost projection of the principal structure. Where the side yard joins a residential district, the minimum side yard setback shall be fifty (50) feet.
iii. Rear. Thirty (30) feet, measured from the rear property line to the furthermost projection of the principal structure. Where the rear yard joins a residential district, the minimum rear yard setback shall be fifty (50) feet.
iv. 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) Off-street parking and loading. See Section 80.203 pertaining to off-street parking and loading.
(7) Signs and outdoor advertising. See Section 80.202 pertaining to signs and outdoors advertising.
(8) Uses permitted by conditional use.
i. Apartment units on the first (ground) level floor in existing commercial structures where the first floor has been vacant for two (2) consecutive years limited to two (2) apartment units on the first floor.
ii. Single-family dwellings in existing structures originally designed as single-family dwellings.
(Am. Ord. passed 5-25-76, Section 1; Am. Ord. passed 10-26-76, Section 1; Am. Ord. 10-86, passed 3-25-86; Am. Ord. 89-32, passed 7-11-89)
iii. Accessory uses (such as welding, assembly, and the like) which would normally be considered as permitted uses in other zones, but shall occupy no more than 10% of the total floor level.
(c) B-3 Neighborhood Commercial. The B-3 Neighborhood Commercial District is established for businesses designed primarily to serve the localities involved.
(1) Uses permitted. Grocery, hardware, and drugstore; offices, business and professional; barber or beauty shops; branch laundry or dry cleaning establishments where no laundry or cleaning is done on the premises; shoe repair shops; convenience markets; state approved child care service.
(2) Building height. No building or structure shall exceed thirty-five (35) feet in height.
(3) Required lot area, lot width and percentage of lot coverage. The minimum lot area for neighborhood commercial uses shall be ten thousand (10,000) square feet. No lot shall be developed for local commercial use which is less than one hundred (100) feet wide at the building setback line, provided that the Planning Commission may approve of a commercial use for lesser areas and narrower width where a lot of record in involved and the area and width is substantially identical with that existing as to neighboring non-conforming commercial buildings. The total footprint area of the principal and accessory buildings shall cover no more than thirty-three (33) percent of the lot without special permission of the Planning Commission.
(4) Minimum setbacks required.
i. Front. Fifty (50) feet, measured from any existing or proposed right-of-way line of any street or road to the furthermost projection of the principal structure. In the case of service stations, all gas pump islands, grease pits or racks, and other similar facilities shall be located no closer than twenty-five (25) feet from a property line or a street or highway right-of-way line.
ii. Side. Twenty-five (25) feet, measured from the side property line to the furthermost projection of the principal structure. Where the side yard joins a residential district, the minimum side yard setback shall be fifty (50) feet.
iii. Rear. Thirty (30) feet, measured from the rear property line to the furthermost projection of the principal structure. Where the rear yard joins a residential district, the minimum rear yard setback shall be fifty (50) feet.
iv. 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.
(Am. Ord. passed 5-25-76, Section 1; Am. Ord. passed 10-26-76)
(5) 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.
ii. Accessory uses (such as welding, assembly, and the like) which would normally be considered as permitted uses in other zones, but shall occupy no more than 10% of the total floor level.
5. General Industrial Districts, I-1, I-2. The industrial districts are intended primarily for manufacturing and assembly plants and warehousing conducted so the noise, odor, dust, and glare of such operation is not objectionable to neighboring uses.
(a) I-1, Light Industrial.
(1) Uses permitted.
i. Manufacturing, fabrication, and/or processing of any commodity, except as set out in Section (2) below, the uses being conditionally permitted there being expressly prohibited here.
ii. Retail sales of any commodity manufactured, fabricated or processed on the premises, or of any commodity designed especially for use in agriculture, mining, industry, business, transportation, or construction, including, but not limited to, the following uses:
(i) Building material sales yard and lumberyard, including the sale of rock, sand, gravel, and the like as an incidental part of the main business.
(ii) Contractor's equipment storage yard or plant, or rental of equipment commonly used by contractors.
(iii) Freighting or trucking yard or terminal.
iii. Wholesale sale, or storage, of any article.
(2) Conditional uses. Any use, which in the opinion of the Board of Adjustment would not emit detrimental or obnoxious noise, vibration, smoke, odors, dust, and/or other objectionable conditions beyond the confines of its property.
(3) Nameplates and signs. All nameplates and signs must conform to Section 80.202.
(4) Required lot area, height and setback requirements. The following minimum lot area, and setbacks shall apply within a light industrial zone. Setbacks are to be measured from the property lines (or R-O-W) to the furthermost projection of the principal structure:
Height: 60 feet (maximum)
Lot Area: 1 acre
Lot Width: 125 feet
Front Setback: 100 feet
Side Setback: 50 feet
Rear Setback: 75 feet
Except that lots of record zoned industrial and occupied by several buildings erected for and used for industrial purposes by a single industry prior to the adoption of the Paris Zoning Ordinance may, with the approval of the Bourbon County Joint Planning Commission, be subdivided so as to permit separate ownership of one (1) or more of the buildings and the operation of two (2) or more different industries on the original lot of record even though the separate new lots do not meet the above listed specifications as to lot area, frontage, and yards. The height limit may be raised with the written approval of the Planning Commission.
(Am. Ord. Passed 10-5-76, Section 1)
(b) I-2, Heavy Industry.
(1) Uses permitted.
i. Manufacturing, fabrication, and/or processing of any commodity, except as set out in Section (2) below, the uses being conditionally permitted there being expressly prohibited here.
ii. Retail sales of any commodity manufactured, fabricated or processed on the premises, or of any commodity designed especially for use in agriculture, mining, industry, business, transportation, or construction, including, but not limited to, the following uses:
(i) Building material sales yard and lumberyard, including the sale of rock, sand, gravel, and the like as an incidental part of the main business.
(ii) Contractor's equipment storage yard or plant, or rental of equipment commonly used by contractors.
(iii) Freighting or trucking yard or terminal.
iii. Wholesale sale, or storage, of any article.
(2) Conditional uses. Abattoirs (slaughterhouses or meatworks); refining or storage; chemical manufacture; exterminator or insect poison manufacture; fat rendering; fertilizer manufacture; flour and grain milling; gasoline storage; wholesale storage; leather curing and tanning; monument works; sawmill; stock yards; sulfur, sulfuric acid, or derivatives manufacture; tar distillation or manufacture; terra-cotta manufacture; coal washing, storage and transfer yards and facilities; and any other industrial, manufacturing, fabrication or processing uses which, in the opinion of the Board of Adjustment would not be detrimental to surrounding properties and not possess characteristics that would be a nuisance to the residents of the area.
(3) Accessory uses. Any accessory use or building structure customarily incidental to the above permitted and conditionally permitted uses.
(4) Required lot area, height and setback requirements. The following minimum lot area, and setbacks shall apply within a heavy industrial district. Setbacks are to be measured from the property lines (or R-O-W) to the furthermost projection of the principal structure:
Height: No Limit
Lot area: 1 ½ acre
Lot width: 150 feet
Front Setback: 100 feet
Side Setback: 50 feet
Rear Setback: 75 feet
Except that lots of record zoned industrial and occupied by several buildings erected for and used for industrial purposes by a single industry prior to the adoption of the Paris Zoning Ordinance may, with the approval of the Bourbon County Joint Planning Commission be subdivided so as to permit separate ownership of one (1) or more of the buildings and the operation of two (2) or more different industries on the original lot of record even though the separate new lots do not meet the above listed specifications as to lot area, frontage and yards. No setback will be required for that part of a lot which abuts a railroad siding.
(Am. Ord. passed 10-5-76, Section 1)
6. C - Conservation. The Conservation District is designed to protect the natural resources and to encourage the preservation of lake areas, stream and river valleys, sizable hilly and wooded areas, recreation and other open space of historic purposes. Therefore, the regulations are intended to control permitted development so as to prevent construction which would be detrimental to the environmental character of the area or increase the hazard of flooding.
This district may also be composed of lands which have high water tables, improper drainage, are subject to periodic overflow and flood hazards, unstable soils, or are otherwise environmentally sensitive. This district is established to protect the public health, welfare and safety, and to reduce the financial burdens imposed on the community, its governmental units and individuals, which may result from the improper use of such lands.
(a) Principal permitted uses. A building may be erected, altered or used and a lot may be used or occupied for any of the following purposes, and no other.
(1) Public park or recreation or boat dock area owned and operated by a governmental agency.
(2) Governmental services.
(b) Building height. No building or structure shall exceed thirty-five (35) feet in height.
(c) Area and facility regulations for tent and trailer camp sites.
(1) Tent and trailer camps for public use when authorized as a conditional use shall be subject to the following regulations:
i. Area dimensions for tent and trailer camp sites:
Minimum Required | Tent Camp Sites | Trailer Camp Sites |
Minimum Required | Tent Camp Sites | Trailer Camp Sites |
Total park area | 20 acres | 20* |
Lot area per tent or trailer (sq. ft.) | 3,000 | 2,500 |
Site width | 40 | 30 |
Site depth | 60 | 60 |
Setback from camp road | 50 | 50 |
Setback from lakes, streams, rivers or main roads | 100 | 150 |
Distance between tent sites | 75 | NA** |
Distance between trailer sites | NA** | 30 |
* A minimum of three acres of land in the park area shall remain open and undeveloped for every acre of land developed with tent camp sites. A minimum of one acre of land in the park area shall be developed for recreation or left undeveloped for every one acre of land developed with trailer camp sites. | ||
** Not Applicable. | ||
ii. General regulations:
(i) Each tent campsite shall be a well drained and gently sloping area. Sites shall be located away from meadows or bogs and, where applicable, downstream from a potable water source. The minimum tent campsite shall include a level tent space at least twelve (12) feet by eighteen (18) feet (12' x 18') or sixteen (16) in size; an improved vehicle parking space; an area to be used for cooking, eating, wood storage and trash disposal. Where fire hazard may exist, one (1) grill fireplace and one (1) fire circle shall be required on each tent campsite. One (1) water hydrant and one (1) pit toilet for every eight (8), tent campsites shall be required.
(ii) Each trailer camp site shall provide a prepared parking apron fifty (50) feet by twelve (12) feet (50' x 12'), piped cold water, and one hundred ten (110) volt electrical service, and a trapped sewer connection to a sewage collection system which discharges to a public sewer system or sanitary septic field. A central service building offering sanitary rest rooms, bathing, laundry, refuse, and trailer servicing facilities shall be provided for each fifty (50) sites, but a minimum of one (1) shall always be provided. Each parking site shall also provide one (1) grill fireplace and an anchored combination bench and table.
(iii) Mobile homes for permanent or extended seasonal dwellings (greater than four (4) weeks) are prohibited on trailer camp sites.
(d) Uses permitted by conditional use.
(1) Public park or recreation area or boat dock operated by a private owner/business.
(2) Camping areas, travel trailer and vacation cabins and lodges and construction of water related recreation facilities.
(e) Development activities in Special Flood Hazard Areas (SFHA). Special Flood Hazard Areas (as described in the City of Paris Flood Damage Prevention Ordinance [Chapt. 74, Article I, Section 74.007]) are those areas subject to periodic inundation by the base flood (sometimes called the "100-year flood") that can adversely affect the public health, safety, and general welfare of the citizens of Paris.
(1) No excavation, fill, or any sort of construction activity shall be undertaken in SFHA areas without obtaining a development permit from the Floodplain Administrator (Paris Engineering Services Director). (See Flood Damage Prevention Ordinance, Chapter 74).
7. H-M - Hospital-Medical. The hospital-medical zone is intended to provide opportunities for the location, in close relationship to one another, of professional, technical, and commercial uses associated with the treatment of humans; to provide adequate space to meet the needs of such uses; and to promote the location of such uses in a manner that protection would be provided from noise, disturbances, or other influences which would adversely affect the conduct of such practices.
(a) Principal permitted uses.
(1) Hospitals for treatment of humans.
(2) Nursing, convalescent, and rest homes.
(3) Medical, dental, and optometrists' offices.
(4) Medical clinics and laboratories (not involving a manufacture or fabrication of products for sale).
(5) Establishments limited to the retail sale of medical, pharmaceutical, and dental supplies and the filling of prescriptions.
(b) Uses permitted as conditional uses.
(1) Offices of veterinarians, animal hospitals.
(2) Schools.
(Am. Ord. 89-37, passed 9-12-89)
(c) Accessory uses and structures permitted.
(1) Parking and loading areas.
(2) Retail sales or personal services, including facilities for serving food, only for employees, residents, or visitors to a principally permitted use and having no direct access to the exterior and having no display space or signs visible from the exterior of the building. (Ex. Gift shops, flower shops, snack bars, cafeteria.)
(d) Lot area, building height, and lot coverage.
(1) Required lot area and lot width. The minimum lot area for Hospital-Medical uses shall be twelve thousand (12,000) square feet. No lot shall be developed for Hospital-Medical uses which is less than one hundred twenty (120) feet wide at the building setback line.
(2) Building height. No building or structure shall exceed forty-five (45) feet in height without special permission of the Board of Adjustments. Such buildings of size larger than forty-five (45) feet in height shall have a height to yard ratio of 2:1 for side and rear yards.
(3) Percentage of lot coverage. Total lot coverage of principal and accessory buildings shall not cover more than thirty-five (35) percent of the lot.
(e) Minimum setbacks required.
(1) Front. Fifty (50) feet measured from any existing or proposed right-of-way line of any street or road to the furthermost projection of the principal structure.
(2) Side. Twenty-five (25) feet measured from the side property line to the furthermost projection of the principal or structure.
(3) Rear. Twenty-five (25) feet measured from the rear property line to the to the furthermost projection of the principal structure.
(f) Off-street parking and loading. See Section 80.203 pertaining to off-street parking and loading.
(g) Signs and outdoor advertising. See Section 80.202 pertaining to signs and outdoor advertising.
(Am. Ord. passed 5-6-80, Section 1)
8. H - Historic District. The intent of the Historic District (H) is to give protection to certain areas or individual structures and premises designated as having substantial historic significance. This district and its regulations are intended to protect against destruction, degradation, or encroachment upon the areas, structures and premises designated to be of substantial historic significance; to encourage uses which will lead to their continuance, conservation and improvement in a manner appropriate to the preservation of the historic heritage of the City of Paris, Bourbon County, and the Commonwealth of Kentucky; to promote the economy by maintaining tourist attractions; to prevent creation of environmental influences adverse to such purposes; and to assure that new structures and uses within historic districts will be in keeping with the character to be preserved and enhanced.
(a) Permitted uses and regulations. The Historic District classification and regulations thereunder shall be established in addition to the zone classification and regulations thereto as shown on the Zoning Map for the subject areas. The use, dimension, area and other requirements for said district as provided in the Paris Zoning Ordinance shall apply. Where there are conflicts between the procedures and regulations herein established for historic districts and other procedures and regulations in the Paris Zoning Ordinance, it is intended that the provisions as set forth in this Historic District shall apply.
(b) Location standards. An historic district is established within the City of Paris from the north side of Fourth Street to the south side of Second Street between the west side of Main Street and the east side of High Street, which conforms to the criteria set forth in Section 8. (Historic District) hereinabove and which is designated to meet the goals as provided in Section 8. (Historic District) hereinabove. Subsequent additional areas may be added upon the recommendation of the Board of Architectural Review and the Bourbon County Joint Planning Commission, accepted and approved by the Paris City Commission.
(c) Board of Architectural Review. A Board of Architectural Review shall be created.
(1) Membership. The Board of Architectural Review shall consist of five (5) members to be appointed by the Mayor. Two (2) of the initial members shall be appointed for three (3) years, two (2) for two (2) years, and one (1) for one (1) year, and subsequently, members shall be appointed (i) for terms of three (3) years as vacancies occur, or (ii) to fill the remaining term for any membership vacancies occurring during said term. All members shall have a known interest in historic district preservation.
(2) Powers and duties. The Board of Architectural Review shall make recommendations to the Paris-Bourbon County Planning and Zoning Commission and the City of Paris on all matters relating to the preservation, conservation, and enhancement of structures, premises, and areas of substantial historic or architectural significance and matters relating to establishment of historic districts and regulations to be enforced thereunder. The Board of Architectural Review shall inspect and designate such structures, premises and areas in the City of Paris as it considers having substantial historic or architectural significance.
(3) Organization and meetings. The Board of Architectural Review shall adopt rules for the conduct of its duties, elect a chairman, and keep minutes of all meetings. Meetings shall be held at regularly scheduled times, or at the call of the chairman, or in his absence, at the call of the vice chairman, or at the request of the Planning and Zoning Commission. A quorum shall consist of three (3) members, but a lesser number may conduct a public hearing or meeting at which the principal purpose is collection of information, provided that no action binding on the Board shall be taken at such hearings or meetings. All meetings and records of the Board of Architectural Review shall be made by a majority vote of those members at any meeting where a quorum of members is present. The Planning and Zoning Commission may provide a secretarial staff and financial assistance to the Board of Architectural Review.
(d) Procedure for establishment of historic district. The procedure for the establishment of an Historic District shall be as follows:
(1) Application. An application for the establishment of an historic district may be filed only by the Board of Architectural Review, the Planning and Zoning Commission, the City of Paris, the owner of the subject property, or by a person with written authorization of the owner. Said application shall be filed with the Board of Architectural Review in such form and accompanied by such information as required by the Zoning Ordinance and the By-Laws of the Board of Architectural Review. Upon the filing of an application by a governmental body, the Board of Architectural Review shall promptly notify the owner by certified mail.
(2) Recommendation by Board of Architectural Review. Upon the filing of an application for the establishment of an Historic District, the Board of Architectural Review shall study and review the application. After review, the Board shall forward the application and its recommendation to the Planning Commission who shall give notice of the time, place and reason for holding a public hearing thereon in the same manner as for zoning map amendments. After notice of the public hearing and within sixty (60) days after the filing date, the Planning Commission shall hold a public hearing on the proposed application and make a recommendation of approval or disapproval to the City Commission. Upon approval by the City Commission, the Historic District boundaries will be shown on the official zoning map.
(e) Certificate of Appropriateness required. For purposes of this section, an application for a demolition permit shall be deemed the same as an application for a building permit and shall be subject to the same procedures. The Building Inspector shall issue no building permits for the construction, destruction, alteration, moving of any structure or premises, or, change in exterior appearance the use of any structure or premises, and the Board of Adjustment shall take no action resulting in the issuance of any building permit or certificate of occupancy in an historic district except as expressly authorized under Section (1) (Action by Board of Architectural Review) hereinbelow and after the issuance of a certificate of appropriateness before a building permit.
(1) Action by Board of Architectural Review. Upon the filing of an application for a building permit, certificate of occupancy, or sign permit in an historic district, the Building Inspector shall promptly notify the Board of Architectural Review of such application. The Board shall meet within fourteen (14) days after notification by the Building Inspector of the filing of such applications. The Board, where it deems it necessary in order to review a particular application, may require the submission of any or all of the following items: architectural plans, plot plans, landscaping plans, plans for off-street parking, proposed signs, elevations of all portions of proposed structures facing streets, and elevation photographs or perspective drawings showing proposed structures.
In its review of material submitted, the Board of Architectural Review shall examine the architectural design and the exterior surface, treatment of the structures on the site in question, and their relationship to other structures within the area, and other pertinent factors affecting the appearance and efficient functioning of the historic district. The Board shall vote to approve or disapprove the application within thirty (30) days after notification by the Building Inspector of the filing of such application.
(2) Approval by Board of Architectural Review. If the Board of Architectural Review approves the application for a building permit or an occupancy permit in an Historic District, it shall promptly cause a Certificate of Appropriateness to be issued to the applicant stating the matters which have been approved, or, if applicable, that the building to be destroyed is structurally unsound and beyond economic repair or of insufficient historic significance. It shall at the same time transmit a copy of said certificate to the Building Inspector. Upon receipt of the Certificate of Appropriateness, the Building Inspector shall issue the building permit or Certificate of Occupancy if it meets all other requirements of law. The Building Inspector shall inspect the construction or alteration approved by such certificate from time to time and shall promptly report to the Board of Architectural review any work not in accordance with such certificate.
(3) Disapproval by Board of Architectural Review. If the Board of Architectural Review recommends disapproval of the application for a building permit or an occupancy permit in an Historic District, it shall promptly transmit a written report stating the reasons for such disapproval to the Planning and Zoning Commission. In said written report the Board shall make recommendations in regard to an appropriate architectural design, exterior surface treatment, or other appropriate matters to make the application conform to the intent of the Historic District regulations.
In the event the Board of Architectural Review recommends disapproval of the application for a Building Permit or an Occupancy Permit in an Historic District, the applicant for said permit, within thirty (30) days from the date of the Board's action, may appeal to the Planning and Zoning Commission, which shall hold a public hearing thereon and shall vote on said appeal within sixty (60) days after the notice of appeal is filed with the Planning and Zoning Commission. The Planning and Zoning Commission shall give notice of the time, place and reason for holding a public hearing in the same manner as for zoning map amendments. If the Planning and Zoning Commission votes to recommend that the application for a Building Permit or Certificate of Occupancy permit be approved, it shall issue a Certificate of Appropriateness to the applicant and transmit a copy to the Building Inspector. If the Commission votes to disapprove the application for a Building Permit or a Certificate of Occupancy, it shall transmit its decision in writing to the Building Inspector. In such cases, no Building Permit or Certificate of Occupancy shall be issued by the Building Inspector on said application.
(4) Failure of Board of Architectural Review to act. Upon failure of the Board of Architectural Review to take final action upon any case within thirty (30) days after the application for a Building Permit or Certificate of Occupancy has been filed with the Building Inspector, and unless a mutual agreement between the Board of Architectural Review and the applicant has been made for an extension of said time, the application shall be deemed to be disapproved and the Planning and Zoning Commission shall act upon the application as provided under Section (3) (Disapproval by Board of Architectural Review) hereinabove.
(Am. Ord. passed 11-23-76, Section 1; Am. Ord. 89-33, passed 7-11-89)
(d) Protective maintenance. All buildings in the Historic District shall be preserved against decay and deterioration in order to maintain property values, prevent hazards to public safety and health, and rid neighborhoods of negative visual appearances and unsafe conditions. Exterior walls, roofs, foundations, doors and windows shall be maintained in a weather-tight condition to prevent structural decay. Lack of maintenance that leads to demolition by neglect shall be considered an exterior alteration requiring a Certificate of Appropriateness from the Board of Architectural Review. Demolition by neglect shall mean the process of allowing a building or structure to deteriorate to the point that demolition is necessary to protect public health and safety as defined by the National Trust for Historic Preservation. Temporary boarding of openings, not to exceed thirty (30) days, shall be permitted and does not require a Certificate of Appropriateness.
(1) Routine maintenance. Ordinary maintenance or repair of any historic property to correct deterioration, decay or damage does not require a Certificate of Appropriateness if the work does not involve a change in design, material or external appearance.
(2) Securing vacant property. All windows and doors shall be maintained in a weather-tight condition. At a minimum, the following must be done to secure vacant properties:
i. A dead-bolt lock or other locking device shall be installed on the front exterior door above the existing lockset;
ii. Leaking roofs and box gutters shall be repaired so that water cannot enter; and
iii. Exterior wall covering shall be such that weather cannot penetrate.
(3) Enforcement. Violations of (d) (Protective Maintenance) hereinabove shall be reported to and enforced by the Building Inspector pursuant to the provisions of the Kentucky Building Code as adopted by the City at Section 70.001 of Title 7 of Chapter 70 of the Code of Ordinances herein.
(Am. Ord. 2012-10, Section 1, adopted 8-14-2012)
9. PUD - Planned Unit Development. In order to encourage developments with superior living environments brought about through unified development and to provide for the application of design ingenuity in such developments and achieving the goals of the Bourbon County Comprehensive Plan, the "PUD" Planned Unit Development District is hereby established.
(a) Who may apply.
(1) The owner of the property in question or an agent for the owner bearing a recorded, written power of attorney granting authority for this purpose may apply for a rezoning to the PUD District.
(b) Mandatory pre-application conference.
(1) Prior to the filing of the application for a map amendment to the PUD District, the applicant shall confer with the Planning Administrator to determine whether the applicant is proceeding under the proper section of this Ordinance; to review the proposed development plan; and to discuss any other matters as may aid in the disposition of the PUD review.
(c) Review standards.
(1) The Planning Administrator and other staff shall investigate and ascertain that the plans for a PUD meet the following conditions:
i. The proposed PUD is located in an incorporated area;
ii. The tract of land for the entire project is at least 3 acres;
iii. The proposed project constitutes an environment of sustained desirability and stability and that it is in harmony with the character of the surrounding neighborhood;
iv. The property adjacent to the proposed development will not be adversely affected.
(d) Uses permitted.
(1) Uses permitted in a PUD shall be as follows:
i. Single-family, two-family, and multi-family dwelling units (including townhouses);
ii. Public and semi-public parks and playgrounds, landscaped areas, and greenbelts maintained by a homeowner's associations;
iii. Public and semi-public uses such as schools and churches;
iv. Clubs, lodges, and golf courses;
v. Public utility facilities and rights-of-way;
vi. Neighborhood commercial uses permitted in the B-3 district.
vii. Conditional uses in a PUD shall be parish houses; public libraries; funeral homes; cemeteries; nursing homes; hospitals for human care; radio broadcasting and executive offices; offices of doctors, optometrists, realtors, or lawyers; state approved child care service where over five (5) children are present.
(e) Concept plan approval required.
(1) In order to allow the Planning Commission and the developer to reach an understanding on basic design requirements prior to detailed design, the developer shall submit a concept plan with the application for a map amendment. The concept plan Public Hearing shall be considered concurrently with the zoning map amendment Public Hearing.
(f) Concept plan requirements.
(1) The concept plan shall include as a minimum the following:
i. A legal description of the metes and bounds of the parcel;
ii. An area plan showing adjacent property owners and existing uses within two hundred (200) feet of the parcel;
iii. A concept plan at a scale of 1 inch=100 feet or less. The concept plan need not be to the precision of a finished engineering drawing. However, the concept plan must be incorporated into the final general development plans. The concept plan shall clearly show the following:
(i) The existing topographical features of the site;
(ii) The location of the various uses, structures and their areas in acres;
(iii) The general outlines of the interior roadway system and all existing rights-of-way and easements, whether public or private;
(iv) Delineation of the various residential areas including for each such area its general extent, size and composition in terms of total number of dwelling units and approximate percentage allocation by dwelling unit type;
(v) Proposed setbacks for all uses throughout the district;
(vi) A calculation of the residential density in dwelling units per gross acre, exclusive of commercial areas and related activities;
(vii) The recreation or open space system internal to the development;
(viii) Where portions of the site are subject to flooding, the map shall indicate extent and frequency;
(ix) A topographic survey or drainage plan;
(x) Principal ties to the community at large with respect to transportation, water supply and sewage disposal;
(xi) General description of the availability of other community facilities, such as schools, fire protection services and cultural facilities, if any, and how these facilities are affected by this proposal;
(xii) Location, size, height and orientation of all proposed signs, using building elevation drawings where appropriate;
(xiii) Evidence of how the developer's proposed land uses meet existing and projected community requirements;
(xiv) Evidence that the proposal is compatible with the goals of the Bourbon County Comprehensive Plan;
(xv) General statement as to how open space (common or private) is to be owned, used, and maintained;
(xvi) If the development is to be staged, a general indication of how the staging is to proceed. Whether or not the development is to be staged, the sketch plan shall show the intended total project;
(xvii) Letter from all utility companies and municipal services that there is sufficient service capacity to meet the needs of the proposed development and that they will service the development;
(xviii) Traffic impact study prepared and stamped by a professional engineer for any development with greater than fifty (50) residential units, greater than thirty thousand (30,000) square feet of non-residential building space, or any other proposed use generating greater than five hundred (500) average daily vehicle trips per day.
(g) Planning Commission review.
(1) The Planning Commission shall review the concept plan and its related documents; and shall recommend either approval or disapproval to the legislative body.
(h) Legislative body action.
(1) The legislative body shall take final action upon a proposed zoning map amendment within ninety (90) days of the date of the Planning Commission's recommendation. Failure of the legislative body to act within ninety (90) days shall deem the recommendation of the Planning Commission to have passed by operation of law.
(i) Certificate of land use restriction.
(1) Following the approval of a PUD, the concept plans shall be recorded with a certificate of land use regulation in the Bourbon County Clerk's Office pursuant to KRS 100.3681.
(j) Amendment of concept plan.
(1) Any application to amend the adopted concept plan, shall require the signature of one hundred (100) percent of the property owners within the area covered by the concept plan and shall be amended by the same process as the original zoning amendment.
(k) Detailed development plan and record plat required.
(1) Within two (2) years of approval of the PUD map amendment by the appropriate legislative body, unless an extension is granted by the Planning Commission, the applicant shall submit a detailed development plan and record plat to the Planning Commission for review and approval; provided, however, if the plan is not submitted, then an application may be filed by the Planning Commission to revert the PUD District to its previous zoning designation. Said application for reverting the zoning designation shall be processed as any other zoning application.
(2) The detailed development plan shall conform to the approved concept plan and the development plan requirements as adopted by the Planning Commission and shall be in accordance with the subdivision regulations, except as modified by this ordinance. The Planning Commission shall act within sixty (60) days of its receipt of the detailed development plan.
(3) The detailed development plans shall contain at a minimum, the required elements as enumerated in Section 80.506.D (Final Plan Checklist).
(4) Before the Planning Commission shall grant final approval of the PUD detailed development plan, arrangements satisfactory to the Planning Commission shall be made for the improvement, perpetual operation and perpetual maintenance of all common property and facilities, including but not limited to private streets, drives, service and parking areas and recreational and open space areas. Satisfactory arrangements shall be deemed met when documentation in the form of a master deed or other legal documents are submitted containing the particulars set forth in KRS 381.835. Such documentation will be filed at the time of the recording of the record plat in the Bourbon County Clerk's Office.
(l) Building permit required.
(1) No building permit shall be issued until a detailed development plan has been approved by the Planning Commission and notice by the Planning Administrator to the Building Inspector that such final approval has been made by the Planning Commission
(2) The approved detailed development plan shall limit and control the issuance of all building permits and shall restrict the construction, location and use of all land and structures to all conditions set forth in the development plan.
(m) Construction deadline.
(1) If construction is not initiated within one year from the date of approval of the detailed development plan by the Planning Commission (unless an extension is granted by the Planning Commission) an application to revert the PUD District may be filed by the Planning Commission staff. Said application for reverting the zoning designation shall be processed as any other zoning application.
(n) Minor amendments and changes to an adopted PUD.
(1) The items and conditions of the detailed development plan of a PUD may be changed from time to time as follows:
i. The Planning Administrator may approve minor modification of the adopted detailed development plan for any PUD so long as the modification shall not violate any standard or regulation set forth in the approved concept development plan.
ii. The total of such modifications approved by the Planning Administrator shall never exceed five (5) percent of the gross leasable floor area (non-residential) or five (5) percent of total residential units as shown by the adopted detailed development plan. The Administrator shall not approve modifications of permitted uses.
(o) Amendment to the adopted detailed development plan.
(1) The applicant or owners of the PUD may apply to the Planning Commission for amendment to the detailed development plan. The application for an amendment must contain the signature of the property owners for at least fifty-one (51) percent of the property within the original detailed development plan. Any such amendment shall be considered no earlier than one year after final action on the development plan.
(2) The Planning Commission may initiate amendments to the detailed development plan under this at any time. Any such amendment initiated by the Planning Commission shall be based on a change of circumstances which were not known at the time of the original application. The Planning Commission shall act on the application for amendment to the final development in the same manner as originally approved.
(p) Subdivision regulations coordination.
(1) Subdivision preliminary review under the subdivision regulations shall be carried out simultaneously with the detailed development plan review of a PUD under this Section. Subdivision final review will be accomplished as set out in the subdivision regulations.
(2) The record plat may incorporate by reference the contents of the detailed development plan and may form the basis for granting subdivision approval.
(3) In order to assure completion of all major public and common property improvements, the Planning Commission shall require the developer to furnish and maintain an escrow account in an approved lending institution in an amount sufficient to insure completion of all major public and common property improvements. Such escrow account shall be maintained until approval of the city. Developers may provide an irrevocable letter of credit in lieu of an escrow account for PUD developments in the city, at the discretion of the City Government.
(Am. Ord. passed 5-10-2005, Sections 1, 2 and 3; Am. Ord. 2014-12, passed 7-15-14)