Loading...
A. Intent.
1. These regulations are for the purpose of controlling the indiscriminate installation of signs, billboards, and other outdoor advertising devices. Following are the objectives of this ordinance: To limit the number of signs for the purpose of reducing distractions and confusion along public roads; to maximize the effectiveness of permitted signs for the benefit of the advertiser and usefulness to the public; to limit the size of signs to avoid unfair competitive advantages and minimize the waste of natural resources, wood, and steel; to preserve the scenic features along the roads, streets and highways of the City of Paris and Bourbon County; and to protect residential property values and living environment by prohibiting certain signs within residential and agricultural areas.
B. Scope.
1. New signs. These ordinances apply to the display, construction, erection, alteration, use, location, and maintenance of all new signs in the City of Paris.
2. Existing signs. Any existing signs in violation of the provisions of these ordinances at the time of its adoption shall be considered as non-conforming uses or structures and subject to the restrictions of Section 80.206 (Non-conforming uses and structures). Legal, non-conforming signs may continue in existence, unless otherwise noted, and shall be properly maintained in good condition. These ordinances shall not prevent the strengthening, repair, or restoring to a safe condition of any sign.
C. Exempt signs in all districts unless otherwise noted.
1. Government signs that:
(a) Are temporary, or permanent signs, erected by city, county, state, or federal government or official agency thereof for traffic direction or for direction to or identification of a government facility or event.
(b) Are official signs pertaining to the general health, safety, or welfare of the public; to control traffic flow; or any other sign required by law, ordinance, or governmental regulations.
(c) Identify streets.
(d) Warn of danger.
2. Historical markers.
3. Political election signs; must be removed within 10 days after election.
4. Temporary decorations or displays, which are clearly incidental to and are customarily and commonly associated with any national, state, local or religious holiday/celebration/community event.
5. Temporary or permanent signs erected by public utility companies or construction companies to warn of danger or hazardous conditions, including signs indicating the presence of underground cables, gas lines, and similar devices.
6. Signs displayed on trucks, buses, moving vans, contractor's vehicles and equipment, rental trucks and trailers, or other vehicles operated in the normal course of business.
7. Flags, pennants, or insignias of any:
(a) Nation, organization of nations, state, county or city.
(b) Religion, civic or fraternal organization.
(c) Educational institution.
8. Window signs.
D. Prohibited signs in all districts.
1. Any sign which constitutes a traffic hazard or a detriment to public safety, or may be confused with a traffic control signal or device, or the light of an emergency or road equipment vehicle.
2. Flashing or intermittent illumination, except for permitted informational signs.
3. Any sign which obstructs the view of vehicular traffic.
4. Billboards.
5. Temporary signs attached to, or painted on, any utility pole, tree, stone, or any other similar object or structure.
6. Any sign located in a public right-of-way, except those signs listed in Section C(1-8) above.
E. General requirements.
1. All wiring, fittings, and materials used in the construction, connection and operation of electrically illuminated signs shall be in accordance with the provisions of the National Electric Code.
2. No illuminated sign shall be permitted within one hundred (100) feet of property in any residential district unless the illumination of such sign is so designed that it does not shine or reflect light onto such property.
3. No sign having flashing, intermittent, or animated illumination shall be permitted within three hundred (300) feet of property in any residential district unless the illumination of such sign is so designed that it does not shine or reflect light onto such property.
4. No part of any wall, or projecting sign that is attached to a building shall be erected to a height greater than the roof level of the wall to which the sign is attached.
5. No commercial or industrial sign shall be erected to exceed the building height permitted in the district in which it is located, or sixty (60) feet, whichever is less.
6. Temporary signs may be posted for a period not to exceed sixty (60) days. Any sign posted for a longer period must meet the requirements of permanent signs. Area requirements for temporary signs shall be the same as those for permanent signs in each district.
F. Signs permitted in all districts without a permit.
1. Only one (1) of each of the following signs, except directional signs, shall be permitted per establishment; none of the signs shall be illuminated:
(a) An identification sign, of two (2) square feet, denoting the name and/or address of the occupants of the premises.
(b) Professional or announcement signs, of two (2) square feet or less, for professions or businesses permitted as home occupations, accessory, or conditional uses.
(c) A temporary sign, of less than twelve (12) square feet, posting the property, or advertising the specific property on which is placed, for sale or rent, and placed no closer than ten (10) feet from the street right-of-way.
(d) Directional signs, of two (2) square feet or less, designating ingress and egress from a property.
G. Signs permitted in all districts with a permit.
1. All identification, professional, announcement, for sale or rent signs, and directional signs as described in Section F.1 above, when illuminated.
2. A sign advertising the property on which it is located for sale, rent, lease, or trade in accordance with the following area and distance requirements:
Area of Sign (square feet) | Distance from Right-of-Way (feet) |
13 to 20 | 50 |
21 to 40 | 100 |
41 to 60 | 160 |
No such sign in any district shall exceed sixty (60) square feet in area. | |
3. Signs or bulletin boards customarily incidental to places of worship, libraries, schools, museums, or societies, shall not exceed fifteen (15) feet in area and shall be located no closer than ten (10) feet from the street right-of-way.
4. Temporary signs except as described in Section 80.202 with additional provision that all such signs shall be removed by the permit applicant within ten (10) days after the completion of the project, event or election.
5. Identification signs for historical, religious, civic or fraternal associations of two (2) square feet or less which shall not be placed within a public right-of-way except with special permission of the authority controlling said right-of-way. More than one (1) such sign may be mounted on the same standard.
H. Projecting signs on Main Street with a permit.
1. No sign shall project perpendicularly from any building or any other structure so as to overhang the sidewalk or any public street or right-of-way, except one that does not extend further than three (3) feet from the building, being no more than five (5) feet in height, and a minimum of eight (8) feet above the ground.
2. No horizontal or flush sign shall overhang the right-of way or sidewalk more than one (1) foot.
3. Signs existing at the time of enactment of this ordinance shall be exempted from compliance until such time as the ownership and/or proprietorship of the property and/or business changes, or until such time as any repair or change to the existing sign is necessary or undertaken, and at that time full compliance with this ordinance is required.
I. On-Premises signs permitted in A-Agricultural and R-Residential districts with a building permit.
1. There shall be permitted not more than one (1) non-illuminated sign, not to exceed a total of fifteen (15) square feet in area, per farm for the purpose of identification or advertising the sale or production of farm products on the premises, and set no closer than ten (10) feet from the street right-of-way.
2. For multi-family dwellings, an identification sign not to exceed ten (10) square feet in area, shall be permitted no closer than ten (10) from the street right-of-way.
3. Only one (1) sign per street frontage shall be permitted.
J. On-premises signs permitted in B-1 Central Business, B-2 General Commercial, B-3 Neighborhood Commercial, I-1 Light Industrial and I-2 Heavy Industrial zoning districts with a building permit.
1. On-premises signs and devices as regulated herein for businesses, uses or activities conducted on the same premises with the sign, both illuminated and non-illuminated.
(a) The maximum area permitted for all free-standing signs on a single premises regardless of the number of establishments shall be calculated at the rate of four (4) square feet of area for each ten (10) feet of street frontage up to a maximum of one hundred (100) square feet in B-1, B-3, and I-1 zoning districts. In B-2 and I-2 zoning districts the maximum permitted area for all free-standing signs on a single premises, regardless of the number of establishments, shall be calculated at the rate of six (6) square feet of area for each ten (10) feet of street frontage up to a maximum of two hundred (200) square feet. The setback for these signs shall be ten (10) feet from the street right-of-way.
(b) In addition to free-standing signs, signs that are part of the principal structure may be installed, provided that they protrude no more than twelve (12) inches from the wall, cover no more than a maximum of twenty-five percent (25%) of the wall face on which they are located, and that any such sign shall be at least eight (8) feet off of the ground.
(c) Establishments within shopping centers shall allocate the calculated total sign area in proportion to the amount of the total floor area occupied. A shopping center containing five (5) or more establishments may have an additional on-premises identification sign containing no more than forty (40) square feet. Outdoor advertising structures proposed for shopping centers must be submitted with site plans for the development.
K. Off-premises signs permitted only in B-2 General Commercial, I-1 Light Industrial and I-2 Heavy Industrial zoning districts with a building permit.
1. Off-premises signs that direct the public to businesses, uses, products, or activities conducted elsewhere than on the premises of that sign, both illuminated and non-illuminated.
(a) The maximum area for an off-premises sign shall be sixty (60) square feet. No more than two (2) such signs may be placed on any single parcel of less road frontage than two thousand (2,000) square feet. No off-premises sign shall be permitted where an on-premise advertising sign already exists, except with the special approval of the Board of Adjustment granted on the basis of hardship. Off-premise signs larger than fifty (50) square feet must be placed not closer together than three hundred (300) feet. Off-premise signs of less than fifty (50) square feet must be placed not closer together than one hundred (100) feet. Off-premises signs advertising or directing the public to a business must be located within ten (10) miles of the business to which the sign is related. Setbacks for off-premises signs are the same as in Section J. above.
(b) No off-premises sign shall be located in any area designated as one of scenic beauty or historical interest.
(Am. Ord. passed 8-3-76, Section 2; Am. Ord. 3-86, passed 2-11-86; Am. Ord. 2014-12, passed 7-15-14)
A. Applicability. In all districts, off-street parking facilities for the storage or parking of motor vehicles for use of occupants, employees and patrons of the building hereafter erected, altered, or extended after the effective date of these regulations shall be provided and maintained as herein prescribed.
B. General requirements.
1. In determining the number of parking spaces required, if such space results in fractional parts thereof, the number of said spaces required shall be construed to be the nearest whole number.
2. Whenever a use is increased in floor area, such additional parking space shall be provided so that the parking space specified herein for the whole area shall be available.
3. For the purpose of these regulations, "floor area" in the case of offices, merchandising, or service types of uses shall mean the gross floor area of the structure.
4. Off-street parking facilities for one and two-family dwellings shall be located on the same lot or plat of ground as the buildings served. Off-street parking facilities for other than one and two-family dwellings shall be within three hundred (300) feet of the building intended to be served. An industry which employs five hundred (500) or more employees may supply off-street parking at a distance greater than three hundred (300) feet from such industry.
5. The off-street parking facilities for uses not specifically mentioned herein shall be the same as those required for uses of a similar nature.
6. Collective off-street parking facilities may be provided; however, such facilities shall be no less than the sum of such facilities as would otherwise be individually required.
C. Use and required off-street parking spaces:
1. The amount of off-street parking space required for uses, buildings, or additions thereto shall be determined according to the following requirements, and the space so required shall be stated in the application for a building permit and shall be reserved for such use:
2. One and two-family dwellings. Two (2) parking spaces for each family unit.
3. Multiple dwellings. Two (2) parking spaces per dwelling unit.
4. Tourist homes, cabins, or motels. One (1) parking space for each sleeping room or suite including that of the owner or manager of residence on the premises.
5. Hospitals, sanitariums, convalescent homes and homes for the aged or similar use. One (1) space for each three (3) patients, plus one (1) space for each two (2) employees and staff members.
6. Orphanages or similar uses. One (1) space for each ten (10) beds.
7. Hotels. One (1) space for each three (3) guest sleeping rooms.
8. Fraternities, boarding and lodging houses. One space for each two (2) guest sleeping rooms.
9. Community centers, libraries, museums, post offices, civic clubs, private clubs and the like. One (1) space for each one hundred (100) square feet of gross floor area.
10. Theaters churches, stadiums, sports arenas, and auditoriums (other than incidental to schools). One (1) space for each four (4) seats in the auditoriums/arenas.
11. Schools. One (1) space for each four (4) seats in a principal auditorium or one (1) space for each classroom plus sixteen (16) extra spaces, whichever is greater.
12. Dance halls, pool and billiard halls and exhibition halls without fixed seats. One (1) space for each one hundred (100) square feet of gross floor area used for dancing or assembly.
13. Bowling alleys. Five (5) parking spaces for each alley.
14. Mortuaries or funeral homes. One (1) space for each fifty (50) square feet of gross floor area in the slumber rooms, parlors, or individual funeral service rooms.
15. Establishment for sale and consumption on the premises of beverages, food, or other refreshments excluding drive-in restaurants. One (1) space for each one hundred (100) square feet of gross floor area plus one (1) space for each four (4) employees.
16. Medical or dental clinics, banks, business or professional offices. One (1) space for each two hundred (200) square feet of gross floor area.
17. Beauty parlors and barber shops. Two (2) spaces per barber and beauty shop operator.
18. All retail stores, including drive-in restaurants and other similar establishments. One (1) parking space for each three hundred (300) square feet of gross floor area.
19. Industrial establishments, including manufacturing, research and test. One (1) space for each two (2) employees on the maximum working shift.
20. Warehouses and mini-storage buildings. One (1) designated and marked space for each employee per maximum working shift plus space for loading and unloading of materials.
21. New and used car/truck sales lots. One (1) designated and marked space for each employee per maximum working shift plus ten percent (10%) of the total sales lot designated and marked for customer parking.
D. Off-street parking and loading regulations for all districts as follows:
1. Any vehicle parking space in a commercial or industrial district shall be used for parking only. Any other use of such space, including repair work or servicing of any kind, other than in an emergency, or the requirement of any payment for the use of such space shall be deemed to constitute a separate commercial use in violation of the provisions of these regulations.
2. No building or structure of any kind shall be erected in any off-street parking space except a parking garage containing parking spaces equal to the requirements of these regulations.
3. No signs shall be displayed in any such vehicle standing space except signs to direct the orderly use of such space.
4. The vehicle parking space on any lot as set forth and designated in these regulations shall be deemed to be required open space on such lot, and shall not be reduced or encroached upon in any manner.
5. All parking spaces, drives, and aisles in commercial and industrial districts shall be surfaced with a bituminous or other dust-free surface.
E. Parking space dimensions and setbacks.
1. A parking space shall have minimum rectangular dimensions as follows:
Type of Parking | Width (feet) | Length |
Ninety degree | 9 | 19 |
Parallel | 9 | 23 |
Sixty degree | 10 | 19 |
Forty-five degree | 12 | 19 |
2. All dimensions shall be exclusive of driveways, aisles, and other circulation areas.
3. No part of any parking area of more than ten (10) vehicles shall be closer than twenty (20) feet to any dwelling unit, school, hospital, or other institution for human care on an adjacent lot unless separated by an acceptable designed screen. No parking area may be located in the front yard area of any single family residence except upon an approved residential driveway. In no case shall any part of a parking area be closer than four (4) feet to any established street or alley right-of-way.
(Am. Ord. 90-11, passed 8-14-90)
F. Loading space requirements.
1. On the same premises with every building, structure or part thereof erected and occupied for manufacturing, storage, warehouse goods display, department stores, schools, wholesale storage, market, hotel, hospital, mortuary, laundry, dry cleaning, or other uses similarly involving the receipt or distribution of vehicles, materials, or merchandise, there shall be provided and maintained on the lot adequate space for standing, loading, and unloading service in order to avoid undue interference with public use of streets or alleys. Such space, unless otherwise adequately provided for, shall include a ten foot by twenty-five foot (10' x 25') loading space, with fourteen foot (14') height clearance, for every ten thousand (10,000) square feet or fraction thereof in excess of three thousand (3,000) square feet of building floor use or land for the above mentioned purposes.
G. Access and aisle requirements for parking and loading areas.
1. All parking areas shall be designed in such a manner that any vehicle entering or exiting from or onto a public or private street shall be traveling in a forward motion. Access driveways for parking areas or loading spaces shall be located in such a way that any vehicle entering or exiting such lot shall be clearly visible for a reasonable distance to any pedestrian or motorist approaching the access from a public or private street.
2. The exits and entrances to the parking area shall be clearly marked. The minimum width of aisles providing interior vehicular circulation to individual parking spaces shall be as specified below. Only one-way traffic shall be permitted in aisles serving single-row parking spaces at any angle other than ninety (90) degrees.
Parking Angle | Aisle width (feet) |
Parallel | 12 |
30 degree | 12 |
45 degree | 13 |
60 degree | 18 |
90 degree | 24 |
Two-way | 24 |
3. Parking areas having more than one (1) aisle or driveway shall have directional signs or markings in each aisle or driveway.
H. Drainage for parking, loading, unloading and vehicular access areas.
1. All parking and loading areas shall provide for proper drainage of surface water to prevent the drainage of such water onto adjacent properties or walkways.
I. Maintenance of parking, loading, unloading and vehicular access areas.
1. The owner of property used for parking and/or loading shall maintain such area in good condition without holes and free of all dust, trash and other debris.
J. Lighting of parking, loading, unloading and vehicular access areas.
1. Any parking area which is intended to be used during non-daylight hours shall be properly illuminated to avoid accidents. Any lighting devices used to illuminate a parking area shall be placed or directed so as to permit the beams or illumination to be directed or beamed away from a public street, highway, sidewalk, or adjacent premises so as to minimize glare or reflection that may constitute a traffic hazard or nuisance.
K. Wheel blocks.
1. Whenever a parking lot extends to the property line, wheel blocks or other suitable devices shall be installed to prevent any part of a parked vehicle from extending beyond the property line.
L. Local ordinances.
1. Nothing in this article shall be construed to be in conflict with any other city or county ordinances regarding the parking of vehicle on city streets or county roads or regarding abandoned vehicles and/or nuisance ordinance.
(Am. Ord. 19-82, Section I, passed 9-21-82: Am. Ord. 17-84, Section I, passed 6-12-84; Am. Ord. 2009-02, passed 2-10-09; Am. Ord. 2014-12, passed 7-15-14)
A. Definitions. See Section 80.008, Definitions, at the beginning of this ordinance for definitions of 1) Manufactured Home, 2) Mobile Home, and 3) Modular Home.
B. Temporary installation during construction. A manufactured home may also be installed and temporarily occupied by the owner of a lot upon which a permanent residence is under construction or under contract for construction, or upon which the permanent residence has been damaged by fire or other calamity so as to be temporarily uninhabitable, provided that:
1. Such manufactured home shall be installed either upon the same property as the permanent residence or upon some other lot in the same subdivision.
2. Such manufactured home shall be occupied for no longer than necessary for the construction or repair of the permanent residence, but in any case for no longer than is specified in the permit for such occupancy hereinafter required.
3. Such manufactured home shall be connected with the public sewer.
4. Such manufactured home shall be so parked as to observe the setback and yard requirements for an accessory building in the zoning district in which it is located.
5. Such manufactured home shall be installed only after a written permit is obtained from the city Building Inspector, and which shall specify the date of termination. Such permit shall originally be for a period of six (6) months or less. It may be extended one (1) time, for a period of not over two (2) months by the Building Inspector upon a showing that circumstances beyond the control of the occupant have delayed the construction or repair of the main residence.
C. Manufactured homes permitted. Individual manufactured homes are permitted in Residential District R-6 as single-family residences. Manufactured home parks shall be permitted only as conditional uses approved by the Board of Adjustment after referral and recommendations from the Planning Commission. Manufactured home parks shall be permitted only in the R-6 Residential District.
1. Area and density requirements. No manufactured home park shall be permitted on an area of less than three (3) acres in size, although the developer shall be permitted to develop the park in stages as long as he or she complies with an overall plan approved the Planning Commission for the entire tract. The number of manufactured homes permitted in the manufactured home park shall not exceed a density of twelve (12) manufactured homes per net acre in areas served by public sewer, or six (6) manufactured homes per acre in areas not served by public sewer. A net acre shall be deemed to be the land to be subdivided into lots after streets and other required improvements have been installed.
2. Lot requirements. Individual lots within a manufactured home park shall not be less than thirty-five hundred (3,500) square feet in area, and in no instance shall more than one (1) manufactured home be permitted on a single lot. The minimum lot width shall be fifty (50) feet.
3. Setback. No manufactured home or accessory building or structure shall be located closer to any street than the minimum front yard setback for permanent residential structures along said street. Where the manufactured home park is not bounded by a dedicated street, the minimum setback shall be thirty (30) feet.
4. Spacing. No manufactured home shall be located within thirty (30) feet from another manufactured home, except that a minimum end-to-end clearance of not less than twenty (20) feet shall be permitted.
5. Utilities. All lots within the manufactured home park shall be provided with sewer, water, and electrical facilities meeting the standards specified by local and state building and health regulations, and each manufactured home shall be properly connected with said utilities.
6. Accessory structures. No accessory building or structure, including patios, shall be located within five (5) feet from any individual lot line.
7. Procedure for establishing manufactured home park. In that manufactured home parks are permitted as conditional uses only, the prospective developer, before attempting to obtain a building permit or beginning any construction, shall prepare a plan showing the lot dimensions and bearings of the parcel he or she intends to develop, its location within the city, general layout or design he or she intends to follow and improvements he or she expects to make on the land. He or she shall then meet with the Planning Commission, the purpose being to inform the developer of any plans that would affect his or her development and to allow the Planning Commission to review the plan to insure that the developer's plan are not in conflict with any of the Commission's plans. This meeting would also form a common ground whereby the Planning Commission and the prospective developer could reach an understanding of the types of improvements necessary. In making recommendations on the development plan, the Planning Commission may recommend certain conditional requirements pertaining to such things as landscaping, screening, and road requirements. After recommendations from the Planning Commission, the prospective developer shall meet with the Board of Adjustment and request the necessary permission before a building permit can be issued. Any condition requirements established by the Board of Adjustment shall be considered as a part of the official zoning regulations and failure to comply therewith shall be subject to the penalties contained herein.
8. Pre-owned manufactured homes. Pre-owned manufactured homes, purchased outside Kentucky, must meet the requirements of KRS 227.600, and have the numbered Class B1 Seal affixed to the unit.
D. Existing manufactured homes outside an R-6 District. All existing manufactured homes located outside an R-6 (Manufactured Homes) District as of this date of this ordinance shall be allowed to remain in their present location as a legal non-conforming use. No additional manufactured home shall be permitted on a permanent basis within the city except those located within an approved manufactured home park. Existing manufactured homes that are non-conforming uses may be replaced by a new manufactured homes, equivalent in size.
E. Modular homes. Modular homes, which have been approved by the Kentucky Division of Codes Enforcement, may be installed in any residential zoning district in accordance with the applicable building codes and zoning criteria of subject district.
(Am. Ord. 2014-12, passed 7-15-14)
A. Junkyards are not designated as permitted uses in any district and are consequently non-conforming uses in all districts. They shall conform with Section 80.206 of this ordinance prescribing regulations for non-conforming uses. The enforcement officer shall ensure that all existing junkyards maintain valid permits to operate issued by the Kentucky Department of Highways, as required by KRS 177.905 thorough 177.990, and he or she shall ensure that all screening required by the Department of Highways is maintained as long as the junkyards remain in operation.
(Am. Ord. 2014-12, passed 7-15-14)
A. Non-conforming uses. A non-conforming use shall be permitted to continue as long as it remains otherwise lawful, and shall be regulated as follows:
1. A non-conforming use shall not be extended, or expanded, beyond the scope and area of it's operation at the time of the adoption of the regulation which makes such use non-conforming.
2. When a non-conforming use of any structure, or premises, has been discontinued for a period of one (1) year or more, showing a gross lack of diligence in use, except when government action or structural damage prevents such use, the non-conforming use shall not be re-established, and said structure and/or premises must thereafter be used in conformance with this ordinance.
3. A non-conforming use may not be changed to any other non-conforming use except that, with the written approval of the Board of Adjustment, a non-conforming use may be changed to another non-conforming use of the same, or a more restrictive, classification. If the BOA approves a change in use, no structural changes may be made to the exterior of the building.
B. Non-conforming structures. A non-conforming structure shall be permitted to continue as long as it remains otherwise lawful, and shall be regulated as follows:
1. A non-conforming structure shall not be enlarged, replaced or structurally altered in any way that increases its non-conformity, but a structure may be altered to decrease its non-conformity. However, it may be restored to a safe condition if declared unsafe by the enforcement officer or other public official with jurisdiction.
2. Should a non-conforming structure, or portion of a structure, be damaged, destroyed or demolished by any means, it may be reconstructed or repaired, and the non-conforming use resumed; but it may not exceed the number of square feet of floor area nor the number of cubic feet it contained prior to its damage, destruction or demolition.
C. Non-conforming lots. In any case where an official lot of record at the date of the adoption, or amendment, of this ordinance, does not conform to the width, depth or area requirements of this ordinance, it shall be considered a legal non-conforming lot and be permitted to continue, and shall be regulated as follows:
1. A non-conforming lot may not be further subdivided or consolidated with another parcel in a manner that increases its non-conformity, but may be altered so as to decrease its non-conformity. However, the Planning and Zoning Commission may approve the subdivision of a lot, which has two (2) or more legally constructed principal residences, into separate parcels for the purpose of the sale or transfer of the individual residences. This may be done only if the Commission finds that the properties have been used in a separate and distinct manner with separate utilities, and other facilities, so that the resulting subdivision will not constitute a material change in the use of the property.
2. A residential dwelling may be built upon a lot (including a lot of record) which was non-conforming at the time this ordinance was adopted. The Board of Adjustments shall permit variances, within reasonable conformity with existing structures in the area, and as described in Section 80.301.B.3 (Dimensional variance) of this ordinance.
(Ord. 2014-12, passed 7-15-14)
A. Purposes. The purposes of these regulations are, within the grant of authority by the General Assembly in KRS 100.985, et seq.:
1. To provide for the safest and most efficient integration of cellular antenna towers for cellular communications services or personal communications services within the community;
2. To provide for such facilities in coordination with the recommendations of the comprehensive plan;
3. To allow for such facilities with the intention of furthering the public health, safety, and general welfare;
4. To foster the promotion of co-location;
5. To provide aesthetic protection in residential districts, central business district, general business districts, neighborhood commercial districts, industrial districts. and scenic highways.
6. To provide aesthetic protection for properties, sites, structures, buildings and objects of historical significance, including those surveyed by the Kentucky Heritage Council and designated as on the National Register of Historic Places (Register), contributing to a Register listing, or eligible for the Register. Also includes State of Kentucky Landmarks (hereinafter referred to as "historic properties").
B. Prohibited actions of Planning Commission in regulating placement in cellular antenna towers.
1. The provisions of KRS 100.986, as amended from time to time, are incorporated herein by reference.
C. Definitions. For the purposes of these regulations, the definitions as found in KRS 100.985, as amended from time to time, are incorporated herein by reference, and shall apply, supplemented by the following:
1. Guyed towers. A type of wireless transmission tower that is supported by thin guy wires.
2. Monopole. A slender self-supporting tower on which wireless antennas can be placed.
3. Stealth technology. Cellular antenna tower is camouflaged, such as in a steeple or flag pole, to make it less visible.
D. Pre-application conference.
1. Applicants are encouraged to notify the Planning Commission to discuss proposals, allow for early coordination and to identify those items which are in conformance/nonconformance with the adopted Comprehensive Plan, Zoning Ordinance, and the provisions of these regulations.
E. Application fee.
1. An applicant for the construction of cellular antenna towers for cellular telecommunications services, or personal communications services, shall pay an application fee in the amount of $2,500 upon submission of a uniform application. This fee includes review by the Planning Commission based upon the required development plan, review of the Planning Commission for grading and construction plans as defined by the Subdivision and Development Regulations, and review and permitting by the Building Inspector. Applications for co-location of antenna(e) on an existing structure shall pay an application fee in the amount of $250. This fee includes review by the Planning Commission for grading and construction plans (if needed) as defined by the Subdivision and Development Regulations, and permitting by the Building Inspector.
F. Contents of uniform application.
1. The provisions of KRS 100.9865, as amended from time to time, are incorporated herein by reference.
G. Applicability.
1. Every utility, or a company, that is engaged in the business of providing the required infrastructure to a utility, that proposes to construct an antenna tower for cellular telecommunications services, or personal communications services, shall submit a completed uniform application to the Paris-Bourbon County Joint Planning Commission. The Planning Commission shall not regulate the placement of antennas or related equipment on an existing structure (co-location).
H. Confidentiality of application.
1. All information contained in the application and any updates, except for any map or other information that specifically identifies the proposed location of the cellular antenna tower then being reviewed, shall be deemed confidential and proprietary within the meaning of KRS 61.878. The Planning Commission shall deny any public request for the inspection of this information, whether submitted under Kentucky's Open Records Act or otherwise, except when ordered to release the information by a court of competent jurisdiction. Any person violating this subsection shall be guilty of official misconduct in the second degree as provided under KRS 522.030. The confidentiality of the application and any updates of the application may be waived by the applicant in writing.
I. General.
1. A cellular antenna tower for cellular telecommunications services of personal communications services may be allowed:
(a) In any (A-1) Agricultural, (B) Business, or (I) Industrial District, except those with the districts containing the Central Business District, historic properties, or scenic highways;
(b) After a review by the Planning Commission, in accordance with the adopted goals and objectives of the Paris-Bourbon County Comprehensive Plan, the regulations contained within the City of Paris Zoning Ordinance, and these Cellular Antenna Tower Regulations;
2. Location of a cellular tower in an (R) Residential District, and historic property, the Central Business District, or near scenic highways is discouraged, and the placement of a cellular tower in any of these areas should be avoided.
3. Co-location of service facilities is preferred. Co-location objectives may be satisfied by configuration of new facilities for multiple carriers or by co-location on existing facilities. Any request for review of a proposal to construct such an antenna tower or to reconfigure, enlarge or reconstruct an existing antenna tower, shall be made only in accordance with these regulations.
4. However, if the property is subject to an existing Conditional Use Permit, the property owner shall obtain approval of the appropriate modification request. Such request shall be filed simultaneously with the uniform application. Review of the Conditional Use Permit plan shall be limited to a determination of the impact of the antenna tower for cellular telecommunications services or personal communications services construction on the requirements of the Conditional Use Permit. The property owner shall be responsible for making alternative provision for any alteration of Conditional Use Permit or shall obtain a variance or waiver of the Permit requirement affected by the location of the tower on the site.
J. Processing of application.
1. Applications for the construction of cellular antenna towers for cellular telecommunications services or personal communications services shall be processed as follows:
(a) At least one (1) public hearing on the proposal shall be held, at which hearing interested parties and citizens shall have the opportunity to be heard. Notice of the time and place of such hearing shall be published at least once, in a newspaper of general circulation in Bourbon County, provided that one (1) publication occurs not less than seven (7) calendar days or more than twenty-one (21) calendar days before the occurrence of such hearing.
(b) Notice of the proposal shall be posted on the site at least fourteen (14) days in advance of the hearing. Such notice shall consist of a written notice, of durable material at least two (2) feet by four (4) feet in size, stating that "[Name of applicant] proposes to construct a telecommunications tower on this site" and including the addresses and telephone numbers of the applicant and the Planning Commission. Notice of the proposal shall also be posted on the public road nearest the site. Such notice shall consist of a written notice, of durable material at least two (2) feet by four (4) feet in size, stating that "[Name of applicant] proposes to construct a telecommunications tower near this site" and including the addresses and telephone numbers of the applicant and the Planning Commission.
(c) Notice of the hearing shall be given at least fourteen (14) days in advance of the hearing, by certified mail, return receipt requested, to the owner of every parcel of property within five hundred (500) feet of the proposed tower or property contiguous to the site upon which the tower is proposed to be constructed. Said notice shall include a map of the location of the proposed construction, the telephone number and address of the Planning Commission, and shall inform the addressee of his or her right to participate in the Planning Commission's proceedings on the applications. Records maintained by the Property Valuation Administrator may be relied upon conclusively to determine the identity and address of said owner. In the event such property is in condominium or cooperative forms of ownership, then the person notified by mail shall be the president or chairperson of the owner group which administer property commonly owned by the condominium or cooperative owners. A joint notice may be mailed to two or more co-owners of an adjoining property who are listed in the Property Valuations Administrator's records as having the same address.
(d) Upon holding such hearing, the Planning Commission shall, within sixty (60) days commencing from the date that the application is received by the Planning Commission, or within a date specified in a written agreement between the Planning Commission and the applicant, make its final decision to approve or disapprove the uniform application. If the Planning Commission fails to issue a final decision within sixty (60) days, and there is no written agreement between the Planning Commission and the utility to a specific date for the Planning Commission to issue a decision, it shall be presumed that the Planning Commission has approved the utility's uniform application.
(e) The Planning Commission Technical Review Committee will review the application, then forward their comments to the Commission. The evaluation will be based on the following criteria:
(1) The Planning Commission will deny a uniform application to construct a cellular antenna tower based on an applicant's unwillingness to attempt to co-locate additional transmitting or related equipment on any new existing towers.
(2) Agreement with the various elements of the Paris-Bourbon County Comprehensive Plan, and where applicable, any other adopted plans.
(3) Extent to which the proposal is consistent with the purposes of these regulations.
(4) Adequacy of the proposed site, considering such factors as the sufficiency of the site to comply with the established Design Standards listed in Section L. (Design standards) below, of these regulations.
(5) Extent to which the proposal responds to the impact of the proposed development on adjacent land uses, especially in terms of visual impact.
(6) Extent to which the proposed facility is integrated with existing structures, or the extent to which the proposed cellular antenna tower uses stealth technology.
(f) Upon approval of a cell tower application, a building permit must be obtained within five (5) years of Planning Commission approval of the site plan. From issuance of the building permit no more than two (2) extensions may be obtained. Otherwise, the plan shall be deemed as disapproved by the Commission and the applicant must reapply.
K. Amendments.
1. Any amendments to the site development plans, except for minor adjustments as determined by the Planning Commission, or its duly authorized representative, shall be made in accordance with the procedure required in Section L. (Design standards) below, subject to the same limitations and requirements as those under which such plans were originally approved.
L. Design standards.
1. At the time of application submittal, the applicant shall provide information demonstrating compliance with the following requirements: Where the Planning Commission, or its duly authorized representative, finds that circumstances or conditions relating to the particular application are such that one or more of the requirements listed below are not necessary or desirable for the protection of surrounding property or the public health, safety, and general welfare, and that such special conditions or circumstances make one or more of the said requirements unreasonable, the Planning Commission, or its duly authorized representative, may modify or waive such requirement, either permanently or on a temporary basis. Any such modification or waiver shall be requested by the applicant, and the applicant shall submit a written justification for each requested modification or waiver.
(a) The site configuration should be formed by logical boundaries (e.g., topography, natural features, streets, relationship of adjacent uses, and the like).
(b) A cellular antenna tower, or alternative antenna tower structure, may be constructed to a maximum height of two hundred (200) feet in business, industrial or agricultural districts, except where a tower is located adjacent to residential districts, historic properties or the Central Business District; then the maximum height shall be one hundred and twenty-five (125) feet, and shall consist of a monopole, stealth technology or co-location. Cellular tower are discouraged in residential districts, historic properties or the Central Business Districts, except for ones using stealth technology or co-location. The maximum height also applies to any tower taller than fifteen (15) feet constructed on the top of another building or structure, with the height being the overall height of the building/structure and tower together, measured from the grade to the highest point. The Planning Commission may allow antennas greater than two hundred (200) feet in height, upon review of the applicant's justification that the additional height meets all other criteria identified in these regulations.
(c) When any cellular antenna tower, or alternative antenna tower structure, is proposed, the applicant shall furnish the Planning Commission with a certification from an engineer, registered in the Commonwealth of Kentucky, that the tower will meet the current ANSI/EIA/TIS 222-F standards and other applicable state standards.
(d) Cellular antenna towers shall not be illuminated, except in accordance with other state or federal regulations.
(e) The site shall be enclosed by a security fence, which shall not be less than eight (8) feet in height and shall be made from a material appropriate to the adjacent land use. The use of barbed wire, or sharp pointed fences, shall be prohibited from the ground to a height of six (6) feet. Such fence may be located within the front, side or rear yard setbacks.
(f) In any district, whenever possible, all antenna towers shall be designed and constructed so as to minimize any potential negative aesthetic, environmental or visual impacts.
(g) Any site to be purchased, or leased, for the installation of the cellular antenna tower, or alternative antenna tower, and ancillary facilities, shall be at least five thousand (5,000) square feet in area.
(h) Surfacing of all driveways and off-street parking areas shall comply with the requirements of the City of Paris Zoning Ordinance.
(i) There shall be no signs permitted, except those displaying emergency information, owner contact information, warning or safety instructions, or signs which are required by a federal, state, or local agency. Such signs shall not exceed five (5) square feet in area.
(j) All new cellular antenna towers shall be designed and constructed to reasonably accommodate a minimum of three (3) service providers. This includes space on-site to accommodate the ground equipment for the three (3) additional providers.
(k) All option and site lease agreements shall not prohibit the possibility of co-location.
(l) Any monopole, guyed, lattice, or similar type cellular antenna tower and any alternative cellular antenna tower structure similar to these towers, such as light poles, shall be maintained in either galvanized steel finish or be painted light gray or light blue in color. Alternative sections of aviation orange and aviation white may be used ONLY when the FAA finds that none of the alternatives to such marking are acceptable.
(m) In residential districts, historic properties and the Central Business District, all antenna towers and related structures shall comply with the yard setbacks for that district, plus three (3) times the height of the towers.
(n) In agricultural districts, all antenna towers and related structures shall have a front yard setback of two hundred (200) feet, and adhere to all other yard setbacks for that district.
(o) In all (B) Business and (I) industrial (excluding historic properties and the Central Business District) all antenna towers and related structures shall have a front yard setback of one hundred, twenty-five (125) feet, plus adhere to the yard setbacks for that district. The tower should be located where it will have the lowest visual impact.
(p) All antenna towers and related structures, except fences, where adjacent to a residential district, historic district or the Central Business District; shall have a setback from the property line of a distance equal to the height of the antenna tower, plus the yard setbacks for that district (agricultural, business or industrial), and using the setbacks for "adjacent to residential district". Visual screening shall be required along the property line where the proposed site abuts a residential district, historic district or the Central Business District. Options for screening include, but are not limited to: fencing, plant material, or berms.
(q) All antenna towers and related structures, except fences, shall be located at least one thousand (1,000) feet from a scenic highway; or at a shorter distance if the topography will visually screen the tower.
M. Existing telecommunications facilities.
1. Telecommunications facilities in existence on the date of the adoption of this ordinance, or any amendment thereto, which do not comply with this ordinance, or any amendment thereto, ("existing telecommunications facilities") are subject to the following provisions:
(a) Existing telecommunications facilities may continue in use for the purpose now used, but may not be expanded or replaced without complying with this ordinance, except as further provided in this section.
(b) Existing telecommunications facilities which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location and physical dimensions subject to obtaining a building permit therefore, but without otherwise complying with this ordinance.
(c) The owner of any existing telecommunication facility may replace, repair, rebuild and/or expand such telecommunications facility to accommodate co-located antennas or facilities, or to upgrade the facilities current engineering, technological or communications standards by obtaining a building permit therefore, and without having to conform to the provisions of this ordinance (including, but not limited to, provisions of this ordinance regarding notice to local zoning authorities or posting of signs) or to otherwise request local zoning approval, so long as such facilities are not increased in height by more than 20% and/or setbacks are not changed.
(d) Any such replacement, repair, reconstruction or enlargement shall not violate the design standards described in Section L. (Design standards) above beyond that existing at the date of the adoption of this ordinance.
(e) Any legally permitted and constructed telecommunications tower shall be exempt from these regulations; except when discontinued for a period of twelve (12) months. In such cases, the applicant or utility shall be required to follow the procedures listed herein.
N. Maintenance removal.
1. Any contract with an owner of property upon which a cellular antenna tower is to be constructed, shall include a provision that specifies, in the case of abandonment, a method that the utility will follow in dismantling and removing a cellular antenna tower including a timetable for removal.
2. To insure removal of all improvements at any abandoned telecommunications facility, any applicant filing a request under these regulations shall, at the time of submittal, deposit with the Planning Commission, and to the benefit of the Planning Commission, a letter of credit, a performance bond, or other security acceptable to the Planning Commission in the amount equal to the cost of demolition and removal of the facility. An applicant having multiple telecommunications facilities within the Planning Commission's jurisdiction may deposit a single guarantee in the amount equal to the cost of demolition and removal of the one facility it owns which would cost the most to demolish and remove until such time as the number of its multiple facilities exceeds four (4) such facilities. At such time as the approved number of the applicant's multiple facilities exceeds four (4) such facilities, the applicant shall increase the amount on deposit to an amount equal to the cost of the most costly demolition and removal plus twenty-five (25) percent of the cost of demolition and removal of the applicant's other existing facilities. Any guarantee submitted shall be irrevocable and shall provide for the Planning Commission to collect the full amount of the guarantee if the applicant fails to maintain the guarantee.
3. If the use of any cellular antenna or cellular antenna tower or alternative cellular antenna tower structure is discontinued, the owner shall provide the Planning Commission with a copy of the notice to the FCC of intent to cease operations within thirty (30) days of such notice to the FCC. If the cellular antenna or cellular antenna tower or alternative cellular antenna tower structure will not be reused, the owner shall have one-hundred, eighty (180) days from submittal of the FCC notice to the Planning Commission to obtain a demolition permit and remove the antenna or tower that will not be reused. If the cellular antenna or cellular antenna tower or alternative cellular antenna tower is to be reused, the owner shall have no more than twelve (12) months from submittal of the FCC notice to the Planning Commission in which to commence new operation of the antenna or tower to be reused. Upon failure to commence new operation of the antenna or tower to be reused within twelve (12) months, the cellular antenna or cellular antenna tower or alternative cellular antenna tower structure shall be presumed abandoned, and the owner shall obtain with ninety (90) days of the expiration of the twelve (12) month period, a demolition permit and remove the antenna or tower that is presumed abandoned with sixty (60) days of obtaining the demolition permit. If the owner fails to remove an antenna or tower in the time provided by this paragraph, the Planning Commission may, on grounds of public safety, health, and welfare, cause the demolition and removal of the antenna or tower and recover its costs of demolition and removal.
O. Severability.
1. That if any clause, section, or other part of this ordinance shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of the ordinance shall not be affected thereby, but shall remain in full force and effect.
(Ord. 2003-18, passed 11-11-03; Am. Ord. 2007-25, passed 11-11-08; Am. Ord. 2014-12, passed 7-15-14; Am. Ord. 2017-6, passed 6-27-17)
ARTICLE IV. ADMINISTRATION
A. Appointment.
1. An administrative official shall be designated by the legislative body to administer and endorse this regulation and such other housing and building regulations as may be adopted. He or she may be provided with the assistance of such other persons as the legislative body may direct.
B. Powers and duties.
1. The administrative official shall issue building permits and certificates of zoning compliance (Certificate of Occupancy) in accordance with the terms on this regulation, but may not have the power to permit any construction, or to permit any use or any change of use which does not conform to the literal terms of the zoning regulation.
2. If the administrative official shall find that any of the provisions of this regulation are being violated, he or she shall notify, in writing, the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He or she shall order discontinuance of illegal work being done; or shall take any other action authorized by this regulation to ensure compliance with or to prevent violation of its provisions.
C. Certificates of zoning compliance for new, altered or non-conforming uses and/or structures.
1. It shall be unlawful to use, occupy, or permit the use or occupancy, of any building and/or premises, or part hereof, which has been erected, converted, altered or enlarged in its use of structure, until a certificate of zoning compliance (Certificate of Occupancy) has been issued by the administrative official.
2. Non-conforming lots, structures or uses which exist at the time of adoption of this ordinance are regulated by Section 80.206 (Non-Conforming Uses, Structure and Lots), and must be in accordance with same, prior to any certificate of zoning compliance (Certificate of Occupancy) being issued by the administrative official.
3. A temporary certificate of zoning compliance may be issued by the administrative official for a period not exceeding six (6) months (renewable by the administrative official for unavoidable delays) during alterations or partial occupancy of the building pending its completion, provided that such temporary certificate may require such conditions and safeguards as will protect the safety of the occupants and the public.
4. The administrative official shall maintain a record of all certificates of zoning compliance (Certificate of Occupancy), and will respond within 3 days as required in KRS 61.872(5), to any person who submits a specific Request for Public Information.
5. Failure to obtain a certificate of zoning compliance (Certificate of Occupancy) required by the terms of this regulation shall be a violation of such regulation and punishable under Section 80.303 of these regulations.
D. Construction and use to be as indicated in applications, plans, permits, and certificates of zoning compliance.
1. Certificates of zoning compliance issued on the basis of plans and applications approved by the administrative official authorize only the use, arrangement, and construction as set forth in such approved plan and applications. Any other use, arrangement, or construction at variance with that authorized shall be deemed a violation of this regulation and punishable as provided by Section 80.303 (Penalties for violation) hereof.
(Am. Ord. 2014-12, passed 7-15-14)
Loading...