Planning and Zoning Ordinance

CHAPTER 151: ZONING

General Provisions

151.01 Authority
151.02 Title
151.03 Legal status
151.04 Definitions

General Regulations

151.15 Activities affected; conformance required
151.16 Access control
151.17 Accessory buildings/structures
151.18 Annexed lands
151.19 Boundary lines; interpretation
151.20 Continuance of nonconforming uses; exceptions
151.21 Height limitations; exceptions
151.22 Lot of record
151.23 Off-street parking and unloading
151.24 Outdoor advertising displays
151.25 Planned development projects
151.26 Public utility facilities excepted; acquisitions, disposals and changes, referral to Commission; effect
151.27 Setback lines; exceptions
151.28 Street frontage required
151.29 Travel trailer storage
151.30 Water supply and sewage disposal approved
151.31 Fences; screening
151.32 Manufactured homes

Boundaries and Districts

151.40 Zoning districts established
151.41 Boundaries
151.42 Residential District R-l
151.43 Residential District R-2
151.44 Manufactured Home Park Residential District R-3
151.45 Neighborhood Business District B-l
151.46 Central Business District B-2
151.47 Industrial District I-l

Zoning Administration

151.60 Amendment to zoning regulations; hearing
151.61 Zoning Administrator
151.62 Building permits
151.63 Board of Adjustment

Cellular Antenna Towers

151.75 Purpose
151.76 Preapplication conference
151.77 Definitions
151.78 General provisions
151.79 Design standards
151.80 Criteria
151.81 Abandonment and dismantling
151.82 Amendments
151.99 Penalty and enforcement

GENERAL PROVISIONS

§ 151.01 AUTHORITY.

Zoning authority is granted by KRS 100.201 through 100.271.
(Ord., passed 3-10-86; Am. Ord. 2005-12, passed 9-12-05)

§ 151.02 TITLE.

This chapter shall be known and may be cited and referred to as the "Elkton, Kentucky Zoning Ordinance." The Zoning Map referred to herein is entitled "Zoning Map - Elkton, Kentucky." (Ord., passed 3-10-86; Am. Ord. 2005-12, passed 9-12-05)

§ 151.03 LEGAL STATUS.

The provisions of this chapter shall constitute the minimum land use requirements within the city for the promotion of public health, safety, morals, and general welfare. Whenever the requirements of this chapter establish a more restrictive use of land, or impose other higher standards than are required in other ordinances or regulations, private deed restrictions, or private covenants, the requirements of this chapter shall govern. However, if the requirements of the other ordinances or covenants are more restrictive than established in this chapter, then those requirements shall govern.
(Ord., passed 3-10-86; Am. Ord. 2005-12, passed 9-12-05)

§ 151.04 DEFINITIONS.

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. The words which are defined are those having special or limited meanings. Words with self-evident meanings are not defined herein.

"ACCESSORY USE OR STRUCTURE." A use or structure subordinate to the principal use of a building or to the principal use of land and which is located on the same lot serving a purpose customarily incidental to the principal building or land use. No accessory structure or building shall be used in whole or part for human occupancy.

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

"APARTMENT." A room or suite of rooms in a multi-family building, consisting of at least one habitable room, together with kitchen and sanitary facilities.

"BOARD." The Board of Zoning Adjustment.

"BUILDING." Any structure having enclosed space and a roof, used or intended to be used for the shelter of persons, animals, or property.

"BUILDING, LOT AREA." That part of the lot not included within the open areas required by this chapter.

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

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

"CONDITIONAL USE PERMIT." Legal authorization to undertake a conditional use, issued by the Zoning Administrator pursuant to authorization by the Board of Adjustment.

"DWELLING." A building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, cabin, camping trailer, boarding or rooming house, hotel, or motel.

(1) "DWELLING, MULTI-FAMILY." A building or portion thereof designed for or occupied by three or more families living independently of each other.

(2) "DWELLING, SINGLE-FAMILY." A detached building for or occupied exclusively for residential purposes by one family.

(3) "DWELLING, TWO-FAMILY." A building designed for or occupied exclusively by two families living independently of each other.

"GARAGE, PRIVATE." A detached accessory building or a portion of the principal building used by the occupants of the premises for the shelter or storage of vehicles owned or operated by the occupants of the principal building.

"HOME OCCUPATION." An occupation or profession carried on within a dwelling by the occupant thereof which is clearly incidental and secondary to the use of the dwelling for residential purposes.

"LOT OF RECORD." Recorded lot on file in the County Clerk’s office.

"MANUFACTURED HOME." A single-family residential dwelling constructed after June 15, 1976, in accordance with the National Manufactured Home Construction and Safety Standards Act of 1974, 42 USC § 5401 et seq., as amended, and designed to be used as a single-family residential dwelling with or without permanent foundation when connected to the required utilities, and which includes the plumbing, heating, air conditioning, and electrical systems contained therein.

"MANUFACTURED HOME PARK." A two-acre or more tract of land upon which five or more manufactured homes are placed, either free of charge or for revenue purposes.

"MOBILE HOME." A structure manufactured prior to June 15, 1976, which was not required to be constructed in accordance with the federal act. A transportable dwelling unit built on a chassis which contains plumbing, heating, and electrical systems for connection at its occupancy site. The unit is so designed that it is, has been, or may be mounted on wheels and could stand on its own without a permanent foundation.

"MODULAR DWELLING." A factory-produced building unit, not mounted on wheels, which can be used by itself or incorporated into a component structure, all of which would be placed on a permanent foundation at a building site.

"NONCONFORMING USE." An activity or a building, sign, structure, or a portion thereof which lawfully existed before the adoption or amendment of the zoning regulations, but which does not conform to all of the regulations contained in the zoning regulations which pertain to the zone in which it is located. Any building, structure, or premises conforming in respect to use but not in respect to height, area, yards or courts, or distance requirements from more restricted districts or uses, shall not be considered a nonconforming use. (KRS 100.111(13))

"OUTDOOR ADVERTISING DISPLAY." Any name, identification, description, display, illustration, or device which is affixed to or represented directly or indirectly upon a building, structure, or land in view of the general public, and which directs attention to a product, place, activity, person, institution, or business. For the purpose of this chapter and the provision thereof, outdoor advertising displays shall be classified into one of the following types of signs:

(1) "SIGN, BUSINESS." A sign which directs attention to a business, profession, product, activity, or entertainment, sold or offered upon the premises where the sign is located.

(2) "SIGN, IDENTIFICATION." A sign which indicates only the name, address, and nature of the business or industry located therein. The sign shall not exceed four square feet in size.

(3) "SIGN, OFF PREMISES ADVERTISING." A sign which directs attention to a business, product, service, or activity generally conducted, sold, or offered elsewhere other than on the premises where the sign is located.

(4) "SIGN, REAL ESTATE." Any sign, not over ten square feet, advertising the sale, rental, or leasing of a premise where the sign is located.

(5) "SIGN, TEMPORARY." Any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, or other light materials intended to be displayed for a limited period of time only.

"PARKING SPACE." A permanent area not less than 200 square feet, either within a structure or in the open, exclusively for the parking of a motor vehicle.

"PLANNED DEVELOPMENT PROJECT." A use of land which is arranged, designed, and intended as a large-scaled development, located on a single tract of land, planned as an entity and susceptible to development and regulation as one complex land use unit.

"SPOT ZONING." Designated zoning for a limited area which is not in keeping with the surrounding land use or zoning classification.

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

"YARD." The space or grounds surrounding or surrounded by a building or group of buildings.

(1) "YARD, FRONT." That portion of the yard extending the full width of the lot and extending between the front lot line and the nearest part of the principal building.

(2) "YARD, REAR." That portion of the yard extending the full width of the lot and extending between the rear lot line and the nearest part of the principal building.

(3) "YARD, SIDE." Those portions of the yard extending from the nearest part of the principal building to side lot line.

"ZONING ADMINISTRATOR." The authorized representative responsible for the enforcement of zoning.

"ZONING MAP." The map indicating zoning districts.

(Ord., passed 3-10-86; Am. Ord. 1999-15, passed 8-9-99; Am. Ord. 2005-12, passed 9-12-05)

GENERAL REGULATIONS

§ 151.15 ACTIVITIES AFFECTED; CONFORMANCE REQUIRED.

(A) The requirements of this chapter shall apply to every building and use. No building or land shall hereafter be used and no building or part thereof shall be erected, moved, or altered, unless for a use expressly permitted by and in conformity with the regulations herein specified for the district in which it is located.

(B) Land which is used solely for agricultural, farming, dairying, stock-raising, or similar purposes shall have no regulations imposed as to building permits, certificates of occupancy, height, yard, location or courts’ requirements for agricultural buildings, including and limited to one manufactured home used as a dwelling.
(Ord., passed 3-10-86; Am. Ord. 2005-12, passed 9-12-05) Penalty, see § 151.99

§ 151.16 ACCESS CONTROL.

(A) There shall be no more than two points of access to any one public street on a lot of less than 100 feet. Lots in excess of 100 feet may have two points of access to any one public street for each additional 100 feet of frontage.

(B) No point of access shall be allowed within ten feet of the intersection of the right-of-way lines of intersecting streets.

(D) A point of access shall not exceed 20 feet in width for one-way or one-lane ingress or egress. Two-way ingress or egress shall not exceed 35 feet in width.
(Ord., passed 3-10-86; Am. Ord. 1999-15, passed 8-26-99; Am. Ord. 2005-12, passed 9-12-05) Penalty, see § 151.99

§ 151.17 ACCESSORY BUILDINGS/STRUCTURES.

(A) Accessory buildings shall be permitted in rear yards only and must be at least eight feet from any other buildings situated on the same lot and four feet from all adjoining lots. Overhangs shall not exceed 12 inches and shall not be counted as a part of the yard requirements.

(B) An accessory building shall not be used for or involved with the conduct of any business, trade, or industry.

(C) On any corner lot adjoining in the rear another lot which is in a residential zone, accessory buildings shall conform to the side yard requirements for corner lots.

(D) Accessory structures shall include, but not be limited to, the following examples: swimming pools, dog pens, dog houses, portable carports, fences, gazebos, and the like. Accessory structures shall require a building permit and shall be subject to the following regulations, in addition to others in these regulations, unless otherwise noted:

(1) No accessory structure shall extend beyond the front of the principal structure, excluding fences three feet or less in height.

(2) When a corner lot adjoins another lot in the rear which is used for residential purposes, no accessory structure shall extend beyond the front of the principal structure or be nearer to the side street that the depth of any required front yard for a dwelling along such side street, excluding fences three feet or less in height.

(3) An accessory structure may not exceed the height of the principal structure.

(4) The total area of all accessory buildings and structures shall not exceed 50% of the lot size.

(5) No detached accessory structure shall be located closer than eight feet to any principal building or no closer than four feet from the property line, except for portable carports having a minimum of five feet of open sides and ends, which may be located next to a principal structure and no closer than four feet from the property line.

(6) Swimming pools.

(a) All swimming pools with a water depth of over three feet shall require a building permit.

(b) A swimming pool as an accessory use to a residential structure shall be located no closer than four feet from the property line. On a corner lot, the side yard setback shall be 25 feet. The setback shall be measured from the wall of the swimming pool to the nearest property line.

(c) The swimming pool area shall be enclosed by a fence or other suitable barrier with a minimum height of not less than four feet. Openings in the fence shall be small enough to prevent a child from entering the enclosure other than through the gate.

(7) Dog pens and dog houses are limited to the back yard and must adhere to the four feet distance set aside from the property line. Fences must adhere to § 151.31.
(Ord., passed 3-10-86; Am. Ord. 1999-15, passed 8-9-99; Am. Ord. 2004-1, passed 2-9-2004; Am. Ord. 2005-12, passed 9-12-05) Penalty, see § 151.99

§ 151.18 ANNEXED LANDS.

In every case where land becomes a part of the city through annexation, it shall be the duty of the Planning Commission to hold at least one public hearing after notice as required by KRS Chapter 424 and make recommendations to the City Council for a zoning amendment. Before any map amendment is granted, the Planning Commission or the City Council must find that the map amendment is in agreement with the community’s comprehensive plan, or in the absence of such a finding, that there have been major changes of an economic, physical, or social nature within the area involved which were not anticipated in the community’s comprehensive plan and which have substantially altered the basic character of such area. Such findings shall be recorded in the minutes and records of the Planning Commission or the City Council. (Ord., passed 3-10-86; Am. Ord. 2005-12, passed 9-12-05)

§ 151.19 BOUNDARY LINES; INTERPRETATION.

(A) The boundary lines of districts are lot lines, the center line of creeks or such lines extended, the center lines of streets or alleys or such lines extended, and corporate limit lines as existing at the time of enactment of this chapter.

(B) Where a district boundary line, established on the zoning map, divides a lot of single ownership which was recorded at the time of enactment of this chapter, then the least restricted district requirements under which the lot has been divided shall be applied to the entire lot.

(C) Whenever any street, alley, or other public way is vacated through legal action, the zoning districts shall be extended, depending on the side or sides to which such lands revert.

(D) Questions concerning the exact location of district boundary lines shall be determined by the Board of Adjustment.
(Ord., passed 3-10-86; Am. Ord. 2005-12, passed 9-12-05)

§ 151.20 CONTINUANCE OF NONCONFORMING USES; EXCEPTIONS.

The lawful use of a building or premises, existing at the time of the enactment or subsequent amendment of this chapter, but not in conformity with its provisions, may be continued with the following limitations:

(A) A nonconforming use shall not be extended, enlarged, or moved to occupy any portion of land or structure except in conformity with this chapter, including the erection of fences or screening.

(B) A nonconforming use shall not be re-established after discontinuation for a period of one year.

(C) A nonconforming use may be changed only to a conforming use, unless the Board of Adjustment finds that a new nonconforming use is in the same or a more restrictive classification.

(D) Any use which is a nonconforming use and has been in existence for a period of ten years shall be deemed approved as a valid nonconforming use.

(E) Any nonconforming use destroyed by fire or by an act of nature may be rebuilt to the same size as the original nonconforming use and may continue in its original operation provided reconstruction is started within two years from the date of its destruction.
(Ord., passed 3-10-86; Am. Ord. 1999-15, passed 8-26-99; Am. Ord. 2005-12, passed 9-12-05) Penalty, see § 151.99

§ 151.21 HEIGHT LIMITATIONS; EXCEPTIONS.

The height limitations of this chapter shall not apply to church spires, belfries, cupolas, domes, monuments, water towers, observation towers, transmission towers, windmills, chimneys, smokestacks, derricks, conveyors, flag poles, masts, and antennas.
(Ord., passed 3-10-86; Am. Ord. 2005-12, passed 9-12-05) Penalty, see § 151.99

§ 151.22 LOT OF RECORD.

The owner of a lot of official record, which lot at the time of the adoption of this chapter does not include sufficient land to conform to the yard or other requirements of this chapter, may submit an application to the Board of Adjustment for a variance from the terms of this chapter. Such a lot may be used as a building site to conform with the district in which it is located, provided, however, that the yard and other requirements of the district are complied with as closely as is possible in the opinion of the Board.
(Ord., passed 3-10-86; Am. Ord. 2005-12, passed 9-12-05) Penalty, see § 151.99

§ 151.23 OFF-STREET PARKING AND UNLOADING.

Off-street automobile storage or standing space shall be provided on all lots on which any of the following uses are hereafter established. Such space shall be provided with vehicular access to a street or an alley. For purpose of computing the number of parking spaces available in a given area, the ratio of 200 square feet per parking space shall be used. The following are minimum requirements for specific uses:

(A) Dwellings - Two spaces for each family dwelling unit.

(B) Manufactured homes in a manufactured home park - One space for each lot, plus ¼ space for additional parking in a common area within 200 feet of the lot. No on street parking, unless the street is curbed and guttered with a width of at least 31 feet back of curb to back of curb, then temporary on-street parking may be allowed.

(C) Boarding houses and rooming houses - One space for each two rooms occupied or intended for occupancy by boarders or roomers, in addition to the requirements of one space for the initial family dwelling unit.

(D) Motel/hotel accommodations - One space for each room offered for lodging.

(E) Theater, auditorium, church, stadium, or other places of public assembly - One space for each ten seats available at maximum capacity.

(F) Industrial plant - One space for each three persons employed or intended to be employed.

(G) Commercial or business buildings in a Neighborhood Business District - One off-street parking space for each 200 square feet of retail floor space.
(Ord., passed 3-10-86; Am. Ord. 1999-15, passed 8-9-99; Am. Ord. 2005-12, passed 9-12-05) Penalty, see § 151.99

§ 151.24 OUTDOOR ADVERTISING DISPLAYS.

(A) No advertising device shall be permitted in any residential zone other than real estate signs. Real estate signs shall not be displayed on or over city or public properties.

(B) No off-premise or business sign shall be located closer than 15 feet to any public right-of-way or closer than 25 feet to any residential zone.

(C) The maximum area for any advertising device shall be 250 square feet, including border and trim but excluding supports. Advertising display structures may contain one or two advertisements per facing, not to exceed the maximum area. Doubled-faced structures will be permitted with the maximum area being allowed for each facing.

(D) No advertising display (off-premise sign) commonly referred to as billboards or poster boards shall be erected within 100 feet of any other such advertising device structure on the same side of a street, road, or highway unless separated by a building, natural obstruction, or roadway. Doubled-faced V-type or back to back advertising display structures shall be considered as one advertising device for spacing purposes.

(E) Signs projecting from a building or extending over public property shall maintain a clear height of eight feet above the sidewalk and all such signs shall not extend closer than 18 inches to the curbline.

(F) No "Off-Premise or Business Sign" shall hereafter be erected, constructed, or altered until a permit has been issued by the Zoning Administrator.

(G) It shall be the duty of the Zoning Administrator to inspect every off-premise sign and business sign (permits required) at least once annually.

(H) Should any sign become insecure or in danger of falling or otherwise unsafe in the opinion of the Zoning Administrator, the owner thereof, or the person or firm maintaining the same, shall upon written notice from the Zoning Administrator, forthwith in the case of immediate danger and in any case within ten days, secure the same in a manner to be approved by the Zoning Administrator or remove such sign. If such order is not complied with in ten days, the Zoning Administrator shall remove the sign at the expense of the owner or lessee thereof.

(I) Any sign now or hereafter existing, which no longer advertises a bona fide business conducted, product sold, or activity or campaign being conducted, shall be taken down and removed by the owner, agent, or person having the beneficial use of the building structure, or lot upon which such sign may be found within ten days after written notification from the Zoning Administrator and, upon failure to comply with such notice within the time specified in such order, the Zoning Administrator is hereby authorized to cause removal of such sign, and any expense incidental thereto shall be paid by the owner of the building, structure, or lot to which such sign is attached.
(Ord., passed 3-10-86; Am. Ord. 1999-15, passed 8-9-99; Am. Ord. 2005-12, passed 9-12-05) Penalty, see § 151.99

§ 151.25 PLANNED DEVELOPMENT PROJECTS.

A planned development project shall be arranged and designed as a large-scale development. It shall be developed by a single owner or a group of owners acting jointly, located on a single tract of land, involving a related group of units and accessory uses. It shall be planned as an entity and therefore susceptible to development regulations as one complex land use unit.

(A) Planned Residential Development Project.

(1) A planned residential development project must contain not less than two acres and a plat plan must be presented to the Planning Commission for review. In accepting the plan for review, the Commission must be satisfied that the proponents of the planned development are financially able to carry out the proposed project and that construction will be started within one year after approval of the plan.

(a) Zoning. The proposed site shall be located in a residential zone which allows the type of housing proposed: single-family or multi-family.

(b) Plat plan. A plat shall be presented for Planning Commission approval and shall show the following:

l. Name and address of applicant.

2. Uses within the project.

3. Location map.

4. Dimension and location of all lot lines.

5. Setback lines.

6. Location and identification of open spaces, streets, walks, buffer strips, parking spaces, screening, and recreation areas.

(d) Setback. All buildings and structures shall be located at least 15 feet from any development project property lines.

(e) Spacing. No residential structures shall be located within ten feet of another residential structure.

(f) Streets. The development project shall have access to an existing street. All streets within the project shall be 31 feet from back of curb to back of curb with paved material. All residential structures shall have access to an interior street within the residential development project.

(g) Parking. Off-street parking areas shall be provided at a rate of at least two car spaces for each family unit, plus ¼ space for additional parking in a common area within 200 feet of the lot. No on-street parking, unless street is curbed and guttered with a width of at least 31 feet back of curb to back of curb, then temporary on-street parking may be allowed.

(h) Accessory uses. Management headquarters, recreational facilities, coin-operated laundry facilities, and other uses and structures customarily incidental to the operation of a planned development project are permitted as accessory uses. Convenience establishment shall be permitted as accessory uses, subject to the following restrictions:

l. Such establishments shall be for the convenience of the occupants of the planned development project only.

2. Such establishments shall present no visible evidence of their commercial character which would attract customers other than occupants of the planned development project, except that each convenience establishment shall be permitted one identification sign attached in a flat manner to the buildings and shall not extend outward from the building over 12 inches.

(2) The Planning Commission may attach reasonable special conditions to its approval, and the Zoning Administrator shall not issue a building permit until he has received written authorization from the Planning Commission.

(B) Planned Manufactured Home Park Residential.

(1) No manufactured home park shall be permitted on an area of less than two acres in size. The developer may be permitted to develop the park in stages as long as he complies with the overall approved plan for the entire tract and initially has a minimum of five manufactured home lots developed for use.

(2) The number of manufactured homes permitted in a park shall not exceed a density of 12 manufactured homes per net acre - a net acre being the land available after streets and other required improvements have been installed.

(a) Zoning. The proposed site shall be located in an R-3 Manufactured Home Park Residential District.

(b) Uses permitted. Single-family manufactured homes, accessory buildings, accessory uses, and public or semi-public uses are permitted when approved by the Board of Adjustment.

(c) Lot requirements. Manufactured home spaces shall have a minimum of 2,500 square feet in area and in no case shall more than one manufactured home be permitted on a single lot.

(d) Minimum floor area. Every manufactured home located in the R-3 District shall have a minimum of 600 square feet of usable floor space within the main structure.

(e) Screening. Screening may be required when, in the opinion of the Planning Commission, conditions warrant it.

(f) Setback. All manufactured homes shall be located at least 25 feet from any park property line abutting upon a public street or highway and at least 15 feet from other park property boundary lines and park street rights-of-way.

(g) Spacing. No manufactured home shall be located within ten feet of another manufactured home or structure.

(h) Streets. A manufactured home park shall have access to an existing street or road. All manufactured homes shall have access to an interior street within the manufactured home park. All streets within the manufactured home park shall have a minimum pavement width of not less than 31 feet back of curb to back of curb. All streets within a manufactured home park shall be paved and well-lighted.

(i) Parking.

l. Off-street parking areas shall be provided in all manufactured home parks for the use of park occupants and guests. Such areas shall be furnished at a rate of at least two car spaces for each manufactured home lot, plus ¼ space for additional parking in a common area within 200 feet of the manufactured home lot. No on-street parking, unless street is curbed and guttered with a width of at least 31 feet back of curb to back of curb, then temporary on-street parking may be allowed.

2. Required car parking spaces shall be so located as to provide a convenient access to the manufactured home, but shall not exceed a distance of 200 feet from the manufactured home that it is intended to serve.

(j) Manufactured home stand. The area of the manufactured home stand shall be improved to provide an adequate foundation for the placement of the manufactured home.

(k) Accessory uses. Management headquarters, recreational facilities, coin-operated laundry facilities, and other uses and structures customarily incidental to the operation of a manufactured home park are permitted as accessory uses. Convenience establishments shall be permitted as accessory uses, subject to the following restrictions:

l. Such establishments shall be for the convenience of the occupants of the park.

2. Such establishments shall present no visible evidence of their commercial character which would attract customers other than occupants of the park, except that each convenience establishment shall be permitted one identification sign attached in a flat manner to the building and shall not extend outward from the building over 12 inches.

(l) Procedure. In applying for a manufactured home park, the applicant shall submit his plan to the Planning Commission for its approval. The plan shall show at least the following information:

l. Name and address of applicant.

2. Name and location of park.

3. Dimensions and location of all lot lines, roads, and easements. Each manufactured home lot shall be numbered.

4. Contour lines to indicate slope and drainage.

5. Location of all utilities: public and private water, sewerage, drainage, and electrical facilities and easements.

6. Public areas such as visitors’ parking, recreational areas, and the like.

7. Large-scale plan for one typical manufactured home lot showing manufactured home location, automobile parking space, and the like.

8. Location of planting for landscaping purposes or as required for protective buffer purposes.

(m) Issuance of building permit. The Planning Commission may attach reasonable special conditions to its approval of a manufactured home park and the Zoning Administrator shall not issue a building permit until he has received written authorization from the Planning Commission and until all permits required by KRS Chapter 219 have been obtained.

(1) The owner of a tract of land located in any district at or near where a proposed business area is shown on the land use plan and containing not less than two acres may submit to the Planning Commission for its review, a preliminary plan for use and development of such tract of land for a planned retail shopping center.

(2) In accepting such plan for review, the Planning Commission must be satisfied that the proponents of the planned shopping center are financially able to carry out the proposed project, and that construction will be started within one year after approval of the plan.

(3) It shall be the duty of the Planning Commission to investigate and ascertain whether the proposed location and plan comply with the following conditions.

(a) That the plan provides for a shopping center consisting of one or more groups of establishments in a building or buildings of unified and harmonious design, together with adequate and properly arranged traffic and parking facilities and landscaping and will have no adverse effects upon the adjoining or surrounding developments.

(b) The uses permitted in a planned shopping center shall be those retail businesses authorized for a B-l Neighborhood Business District. No residential uses shall be permitted or any other use which is not necessary or desirable to supply goods or services to the surrounding neighborhoods.

(4) The following regulations shall apply to a planned retail shopping center:

(a) Screening. Permanent screening on all property lines may be required when a shopping center adjoins residential districts.

(b) Tract coverage. The ground area occupied by all the buildings shall not exceed in the aggregate 50% of the total area of the lot or tract.

(c) Customer parking space. Notwithstanding any other requirements of this chapter, there shall be provided one off-street parking space for each 200 square feet of retail floor space.

(d) Loading space. Notwithstanding any other requirements of this chapter, there shall be provided one off-street loading or unloading space for each 6,000 square feet or fraction thereof aggregate floor space of all buildings in the center. At least one-third of the spaces required shall be significant in area and vertical clearance to accommodate trucks of the tractor-trailer type.

(5) The Planning Commission may attach reasonable special conditions to ensure that there shall be no departure from the intent of this chapter. The planned shopping center shall comply with all such conditions and a final plat plan shall be submitted to the Planning Commission for its approval.

(6) If the tract of land proposed for a shopping center is not zoned for business, then a zoning amendment must be requested, all legal procedures must be followed and a map amendment duly authorized prior to the start and development of the shopping center.

(D) Planned Industrial Park.

(1) The owner or owners of land located in any district at or near where a proposed industrial area is shown on the land use plan and containing not less than four acres may submit to the Planning Commission for its review, a preliminary plan for use and development of such land for a planned industrial park.

(2) In accepting such plan for review, the Planning Commission must be satisfied that the proponents of the planned industrial park are financially able to carry out the proposed project and that construction will be started within one year after approval of the plan.

(3) It shall be the duty of the Commission to investigate and ascertain whether the proposed location and plan comply with the following conditions:

(a) The plan provides for an industrial park consisting of one or more buildings of unified and harmonious design, together with required parking facilities and landscaping and will have no adverse effect upon the adjoining or surrounding developments.

(b) The uses permitted in a planned industrial park shall be those industries authorized in an Industrial District. No residential or commercial use shall be permitted or any other use which is not necessary or desirable for an industrial park.

(4) The following regulations shall apply to a planned industrial park:

(a) Fumes and odor. No noxious or offensive trade or activity shall be carried on, nor shall any activity be carried on which may be an annoyance or nuisance to the industrial park by reason of unsightliness or by the excessive emission of odors, dust, fumes, smoke, or noise.

(b) Building setbacks. No building which may be erected within an industrial park shall be nearer than 50 feet of the street right-of-way upon which it faces nor nearer than 25 feet of the right-of-way of any other existing or proposed streets, nor shall any such buildings be erected nearer than 25 feet to the side or rear property lines.

(d) Parking facilities. For each manufacturing, jobbing, warehousing, wholesaling, or other use permitted within the industrial park there shall be provided off-street parking at the minimum rate of one parking space for each three persons employed or intended to be employed on the premises.

(e) Storage facilities. No materials or supplies shall be stored or permitted to remain on any part of the property outside the buildings constructed thereon without proper screening and adequate distances from adjoining properties.

(f) Fences, walls, and screening. Permanent screening on all property lines may be required when an industrial park adjoins residential districts.

(5) The Planning Commission may attach reasonable special conditions to ensure that there shall be no departure from the intent of this chapter. The proposed industrial park shall comply to all such conditions and a final plat plan shall be submitted to the Planning Commission for its approval.

(6) If the tract of land proposed for an industrial park is not zoned for industry then a zoning amendment must be requested and a map amendment duly authorized prior to the start and development of an industrial park.

(Ord., passed 3-10-86; Am. Ord. 1999-15, passed 8-9-99; Am. Ord. 2005-12, passed 9-12-05) Penalty, see § 151.99

§ 151.26 PUBLIC UTILITY FACILITIES EXCEPTED; ACQUISITIONS, DISPOSALS AND CHANGES, REFERRAL TO COMMISSION; EFFECT.

(A) Public utilities operating under the jurisdiction of the Public Service Commission or the Department of Vehicle Regulation or Federal Energy Regulatory Commission, any municipally owned electric system, and common carriers by rail shall not be required to receive the approval of the Planning Commission for the location or relocation of any of their service facilities (service facilities include all facilities other than office space, garage space, and warehouse space unless such space is incidental to the service facility). The Public Service Commission and the Department of Vehicle Regulations shall give notice to the Planning Commission of any hearing which affects locations or relocations of service facilities within the city’s planning jurisdiction.

(B) Nonservice facilities excluded above must be in accordance with the zoning regulations.

(C) Upon the request of the Planning Commission, the public utilities shall provide information concerning service facilities which have been located on and relocated on private property.

(D) All proposals for acquisitions or disposition of land for public facilities, or changes in the character, location, or extent of structures or land for public facilities, excluding state and federal highways and public utilities and common carriers by rail mentioned above, shall be referred to the Planning Commission to review it in the light of its agreement with the comprehensive plan, and the Commission shall, within 60 days from the date of its receipt, review the project and advise the referring body whether the project is in accordance with the comprehensive plan, and whether it approves or disapproves of the project. If it disapproves of the project, it shall state the reasons for disapproval in writing and make suggestions for changes which will, in its opinion, better accomplish the objectives of the comprehensive plan. A majority of the entire membership of the legislative body may override this disapproval of the Commission.
(Ord., passed 3-10-86; Am. Ord. 2005-12, passed 9-12-05) Penalty, see § 151.99

§ 151.27 SETBACK LINES; EXCEPTIONS.

Front yard setback lines may be varied where the average depth of principal buildings on adjoining properties is less or greater than the depth prescribed elsewhere in this chapter. In such case, the front yard in question shall not be less than the average depth of existing front yards on the two lots immediately adjoining.
(Ord., passed 3-10-86; Am. Ord. 2005-12, passed 9-12-05) Penalty, see § 151.99

§ 151.28 STREET FRONTAGE REQUIRED.

Except as permitted by other provisions of this chapter, no lot shall contain any building used in whole or part for residential purposes unless such lot abuts for at least 50 feet on a street. Exceptions may be made for cul-de-sac or similar designed lots.
(Ord., passed 3-10-86; Am. Ord. 2005-12, passed 9-12-05) Penalty, see § 151.99

§ 151.29 TRAVEL TRAILER STORAGE.

Travel trailers, campers, or boats used exclusively for the purpose of traveling or camping and which do not exceed the width of eight feet or the length of 40 feet may be stored in the rear yard of any lot provided yard requirements as designated in this chapter are maintained.
(Ord., passed 3-10-86; Am. Ord. 2005-12, passed 9-12-05) Penalty, see § 151.99

§ 151.30 WATER SUPPLY AND SEWAGE DISPOSAL APPROVED.

(A) It shall be unlawful to construct any building without water supply and sewage disposal facilities which have been approved by the State or County Health Officer. Wherever water and sewer mains are accessible, buildings shall be connected to such mains. In every case, individual water supply and sewage disposal must meet the requirements set by the State or County Health Officer.

(B) The Health Officer’s certificate approving proposed or completed water and sewage facilities must accompany the application for building permits.
(Ord., passed 3-10-86; Am. Ord. 2005-12, passed 9-12-05) Penalty, see § 151.99

Cross-reference: Sewers, see Ch. 51

§ 151.31 FENCES; SCREENING.

(A) All fences erected shall be of materials that when completed do not change the character of the neighborhood in which it is located. All fence erection must have a building permit issued prior to the start of construction. The permit shall have a description of materials, construction profile or concept of the finished fence with the general dimensions stated. If, in the judgement of the Zoning Administrator the materials or plans for construction may have a detrimental effect on the neighborhood, it must be submitted to the Board of Adjustments for approval.

(B) Any fence erected shall be constructed and placed so as not to obstruct vision of oncoming traffic.

(C) Blind fences shall not be erected beyond a line parallel with the front of the building and extending to the property lot lines, thus not extending the blind fence into the front yard.

(D) All front yard fencing shall not obstruct views of the adjoining streets and driveways. Such fencing shall not exceed 36 inches in height.

(E) Fences constructed on lot line boundaries must have a setback of not less than 36 inches for any paved public road. Any such fence shall not impede the traffic flow or the safe operation of the traffic flow. This setback requirement must be adhered to even if the lot line extends into the setback area. The property owner may appeal to the City Council for closure of such public way, otherwise such public way in existence over one year shall be considered public domain.

(F) Any fences constructed by a non-conforming property owner may be required to add additional screening of shrubbery or other material by the Board of Adjustment to ensure character of the adjoining properties is maintained.
(Ord. 1999-15, passed 8-9-99; Am. Ord. 2005-12, passed 9-12-05)

§ 151.32 MANUFACTURED HOMES.

Qualified manufactured homes are permitted in R-1 and R-2 districts with the following provisions.

(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"COMPATIBILITY STANDARDS." Standards that have been enacted by a local government under the authority of KRS 100.348 for the purpose of protecting and preserving the monetary value of real property located within the local government’s jurisdiction.

"PERMANENT FOUNDATION." A system of supports that is:

(a) Capable of transferring, without failure, into soil or bedrock the maximum design load imposed by or upon the structure;

(b) Constructed of concrete;

"QUALIFIED MANUFACTURED HOME." A manufactured home that meets all of the following criteria:

(a) Is manufactured on or after July 15, 2002;

(b) Is affixed to a permanent foundation and is connected to the appropriate facilities and is installed in compliance with KRS 227.570;

(c) Has a width of at least 20 feet at its smallest width measurement or is two stories in height and oriented on the lot or parcel so that its main entrance door faces the street;

(d) Has a minimum total living area of 900 square feet; and

(e) Is not located in a manufactured home land-lease community.

(B) Compatibility standards. The qualified manufactured home shall be reviewed for its compatibility with architectural appearance and similarity with adjacent development or surrounding developments (i.e., either side of the proposed site within the same block face and adjacent to the rear), development within the same zone or general area, and within 1/8 mile radius or less from the proposed location of the qualified manufactured home. In order for the manufactured homes to be compatible with its surroundings, the following criteria must be met:

(1) Facade and exterior material. Exterior material shall be material customarily used on site-built dwellings.

(2) Roof pitch and material. Roofing material shall be material customarily used on site-built dwellings and must have an eave projection of no less than six inches. The roof of each proposed unit shall have a pitch at least equal to the average of the two residential buildings in the same block face (residential buildings on either side of the lot, or two nearest residences, if the adjacent structures are not residential).

(3) Windows. Front facing windows must have consistent size, spacing, and proportion to that of adjacent residences.

(4) Porches. Roofed front porches must be included on each structure if 50% or more of the structures on the same block face have them. Porches shall equal the average size and must resemble the same architectural style, roof pitch, foundation, and facade material of the existing porches within the existing block face.

(5) Foundation. The structure shall be permanently attached to a permanent foundation system and shall be anchored in accordance with the state standards set forth in KRS 227.550 through 227.590.

(6) Size/height. The first floor elevation of the proposed dwelling shall be no lower than the average floor elevations of the existing adjacent buildings on either side of the infill lot or two nearest residences if the adjacent structures are non-residential. The building height of the new structure shall be comparable to the building heights within the same block face.

(7) Additions/alterations. Structural additions or alterations shall be subject to the same building code regulations as apply to additions or alterations to a site-built house. (Ord. 2005-12, passed 9-12-05)

BOUNDARIES AND DISTRICTS

§ 151.40 ZONING DISTRICTS ESTABLISHED.

For the purpose of this chapter, the incorporated territory of the city is divided into the following categories of zoning districts:

R-l Single-Family Residential District

R-2 Multi-Family Residential District

R-3 Manufactured Home Park Residential District

B-l Neighborhood Business District

B-2 Central Business District

I-l Industrial District

(Ord., passed 3-10-86; Am. Ord. 2005-12, passed 9-12-05)

§ 151.41 BOUNDARIES.

The boundaries of the zoning districts established in § 151.40 are hereby established as shown on the zoning map which is on file in the City Hall Conference Room, Elkton, Kentucky. (Ord., passed 3-10-86; Am. Ord. 2005-12, passed 9-12-05)

§ 151.42 RESIDENTIAL DISTRICT R-l.

(A) Principal permitted uses. Single-family dwellings that comply with current ICC code and Kentucky Residential Code. Manufactured homes may be permitted according to § 151.32.

(B) Conditionally permitted uses; requiring Board of Adjustment authorization.

(1) The following uses are special exceptions and require written approval of the Board of Adjustment: churches and other places of worship; parish houses; public libraries; schools offering general education courses; public parks; and noncommercial public recreational facilities - municipal, county, state or federal use; public utilities. The Board of Adjustment may attach certain conditions to its approval which it feels are necessary to preserve and protect the character of the district in which the proposed use would locate.

(2) Accessory uses shall be permitted only as customarily incidental to any of the permitted and conditionally permitted uses listed above.

(D) Lot area, frontage, and yard requirements.

(1) Minimum required lot area within an R-l District shall be 7,000 square feet.

(2) Minimum required width at building line shall be 70 feet.

(3) All buildings, except unattached buildings of accessory use, shall have the following minimum yard space:

(a) Rear depth, 20 feet;

(b) Side width, 10 feet (each side); and

(4) The minimum width of side yards along intersecting streets shall be the same as the front yard setback requirements.
(Ord., passed 3-10-86; Am. Ord. 1999-15, passed 8-9-99; Am. Ord. 2005-12, passed 9-12-05) Penalty, see § 151.99

§ 151.43 RESIDENTIAL DISTRICT R-2.

(A) Principal permitted uses. Single-, two-family, and multi-family dwellings that comply with current ICC code and Kentucky Residential Code. Manufactured homes may be permitted according to § 151.32.

(B) Conditionally permitted uses requiring Board of Adjustment authorization.

(1) The following uses are special exceptions and require written approval of the Board of Adjustment: modular homes; churches and other places of worship; parish houses; public parks and noncommercial public recreational facilities; cemeteries; fraternity or sorority houses; day care centers; nurses’ homes; nursing homes; clinics; hospitals for human care; philanthropic institutions; and clubs, except a club which the chief activity is customarily carried on as a business. The Board of Adjustment may attach certain conditions to its approval which it feels are necessary to preserve and protect the character of the district in which the proposed use would locate.

(2) Accessory uses shall be permitted only as customarily incidental to any of the permitted and conditionally permitted uses listed above and requires written approval of the Board of Adjustment.

(3) Other accessory uses within any R-2 District may include the office or studio in the residence of a physician, dentist, artist, lawyer, engineer, teacher (with musical instruction limited to one pupil at a time), architect, real estate agent, and insurance agent, provided that not more than one-half of the area of one floor of the dwelling is devoted to such accessory use and that not more than one person not a resident on the premises is employed, and that no such use shall require structural alterations or involve construction features not customary in dwellings. An indirectly lighted name plate, not over one square foot in area, attached flat against the building shall be permitted.

(4) Other accessory uses may include customary home occupations of handcraft, dressmaking, and laundering; provided that such occupations shall be conducted exclusively by resident occupants in their place of residence and provided further that not more than one-quarter of the area of one floor of the residence shall be used for such purpose and that no structural alterations or construction involving features not customarily found in dwellings are required. An indirectly lighted sign of not over one square foot in area and attached flat against the building shall be permitted.

(D) Lot area, frontage, and yard requirements.

(1) Minimum required lot area within an R-2 District shall be 5,000 square feet for single-family dwellings; 6,000 square feet for two-family dwellings; and 6,500 square feet for a three-family dwelling plus 500 square feet for each additional family unit.

(2) Minimum required lot width at building lines shall be as follows:

(a) Single-family dwelling, 50 feet;

(b) Two-family dwelling, 60 feet; and

(3) All buildings, except unattached buildings of accessory use, shall have the following minimum yard space:

(a) Rear depth, 20 feet;

(b) Side width, 10 feet (each side); and

(4) The minimum width of side yards along intersecting streets shall be the same as the front yard setback requirements.

(Ord., passed 3-10-86; Am. Ord. 1991-3, passed 6-10-91; Am. Ord. 1999-15, passed 8-9-99; Am. Ord. 2005-12, passed 9-12-05) Penalty, see § 151.99

§ 151.44 MANUFACTURED HOME PARK RESIDENTIAL DISTRICT R-3.

The Manufactured Home Park Residential District is a planned development project and shall meet all requirements as stipulated for manufactured home parks, set forth in § 151.25(B) of this chapter.
(Ord., passed 3-10-86; Am. Ord. 2005-12, passed 9-12-05) Penalty, see § 151.99

§ 151.45 NEIGHBORHOOD BUSINESS DISTRICT B-l.

(A) Principal permitted uses. Any motor vehicle-oriented type retail business or service establishment such as follows is permitted:

(1) Groceries; drug stores; shoe repair shops; hardware stores; barber and beauty shops; clothing shops; automobile sales and services; banks and finance companies; garages for motor vehicle repair within an enclosed building; motels; restaurants; self-service laundries; filling stations; theatres; places of amusement and assembly; car washes; print shops or newsprint; and antique shops.

(2) Any other retail business or service establishment which is determined by the Planning Commission to be of the same general character as the above mentioned uses.

(B) Conditionally permitted uses requiring Board of Adjustment authorization.

(1) The following uses are special exceptions and require written approval of the Board of Adjustment: churches and other places of worship; parish houses; public libraries; schools offering general education courses; day care centers; public parks and noncommercial public recreational facilities (municipal, county, state, or federal use); public utilities; funeral homes; cemeteries; fraternity or sorority houses; nurses’ homes; nursing homes; hospitals for human care; philanthropic institutions; and clubs, except a club which the chief activity is carried on as a business.

(2) The Board of Adjustment may attach certain conditions to its approval which it feels are necessary to preserve and protect the character of the district in which the proposed use would locate.

(3) Accessory uses shall be permitted only as customarily incidental to any of the permitted and conditionally permitted uses listed above.

(C) Required conditions. Where a commercial lot line is shared with an adjoining residential lot, a well-maintained compact hedge, a solid fence or solid screening device four to six feet in height shall be installed to screen the business use from the adjoining lots in the residential district. The screen shall begin at the front building line and extend along the common side lot lines to the rear property line.

(D) Lot area, frontage, and yard requirements.

(1) The following minimum required lot area, frontage, and yard shall apply within a Neighborhood Business District:

Required Lot Area	Required Frontage	Required Front Yard Depth	Required Side Yard Width	Required Rear Yard Depth
None	None	25 feet	None; except when adjoining a Residential District - then all buildings shall comply with requirements for residential lot coverage, lot width and yards.	25 feet

(2) All buildings on corner lots adjoining a residential district shall be located so as to conform with corner lot side yard requirements of the Residential District.

(3) All buildings on corner lots not adjacent to a residential district shall have a minimum side yard width of 15 feet and a minimum rear yard depth of 15 feet.
(Ord., passed 3-10-86; Am. Ord. 2004-2, passed 2-9-04; Am. Ord. 2004-6, passed 8-9-04; Am. Ord. 2004-8, passed 9-13-04; Am. Ord. 2005-12, passed 9-12-05) Penalty, see § 151.99

§ 151.46 CENTRAL BUSINESS DISTRICT B-2.

(A) Principal permitted uses. Any pedestrian-oriented consumer and personal service establishments are permitted such as follows:

(1) Shoe repair shops; drug stores; hardware stores; barber and beauty shops; clothing stores; banks and other financial institutions; hotels; office buildings; walk-in restaurants; poolrooms; gift shops and variety stores; printing shops; jewelry stores; mail-order houses; radio and television studios; and health centers.

(2) Dry cleaning establishments are permitted, provided they meet all fire code requirements; have installed venting which assures dispersion of all obnoxious fumes and odors at least 25 feet above the street level or five feet above the roof level of the highest adjoining building, whichever is the higher; and, use only nonflammable solvents as specified by the Underwriters Laboratory, Incorporated.

(3) Any other retail or service establishment which the Planning Commission determines to be of the same general character as listed above and is a pedestrian-oriented business.

(B) Conditionally permitted uses requiring Board of Adjustment authorization. The following uses are special exceptions and require written approval of the Board of Adjustment:

(1) Churches and places of worship; parish houses; public libraries; passive recreation or park areas; municipal, county, state, or federal buildings and uses; funeral homes; fraternity and sorority houses; clinics; and service stations. The Board may attach certain conditions to its approval which it feels are necessary to preserve and protect the character of the District.

(2) Any accessory use customarily incidental to the above permitted and conditionally permitted uses.

(C) Required conditions. All permitted and conditionally permitted uses within the Central Business District shall be conducted wholly within an enclosed building except for the sale of automotive fuel at service stations and except for off-street parking and loading facilities.

(D) Lot area, frontage, and yard requirements. None.

(Ord., passed 3-10-86; Am. Ord. 2005-12, passed 9-12-05) Penalty, see § 151.99

§ 151.47 INDUSTRIAL DISTRICT I-l.

(A) Principal permitted uses. The following are permitted:

(1) Adding machine manufacture;

(2) Artificial flower manufacture;

(3) Automobile assembly;

(4) Automobile rental agency;

(5) Automobile, trailer, and farm implement dealers;

(6) Animal hospitals, veterinary clinic and associated kennel;

(7) Baggage transfer, storage, and warehouse;

(8) Bakers;

(9) Bottling works and beverage manufacture;

(10) Bicycle and motorcycle repair;

(11) Blacksmith;

(12) Book publishing;

(13) Boot and shoe manufacture;

(14) Broom manufacture;

(15) Building materials yard;

(16) Cabinet maker;

(17) Candy manufacture;

(18) Canning and preserving factory;

(19) Cap and hat manufacture;

(20) Carpenter shop;

(21) Carpet cleaning;

(22) Car wash;

(23) Chicken hatchery;

(24) Cigar and cigarette manufacture and warehouses;

(25) Cleaning and pressing;

(26) Clock factory;

(27) Clothing manufacture;

(28) Coal yard;

(29) Coffin and concrete burial vault manufacture;

(30) Cold storage warehouses;

(31) Condensed milk manufacture;

(32) Contractor’s storage yard;

(33) Cosmetic manufacture;

(34) Dye goods, wholesale or storage, dyeing and cleaning;

(35) Electrical sign manufacture;

(36) Electrical supply manufacture;

(37) Enameling and painting;

(38) Engraving plant;

(39) Envelope manufacture;

(40) Express storage and delivery station;

(41) Feed, wholesale;

(42) Flour and grain storage and elevators;

(43) Food products manufacture;

(44) Fruit and vegetable drying;

(45) Fuel distributing station;

(46) Fuel gas storage;

(47) Fur warehouse;

(48) Furniture warehouse or storage;

(49) Garage, repair;

(50) Garment factory;

(51) Grocery store, wholesale or retail;

(52) Moving company and storage facilities;

(53) Office equipment and supply manufacture;

(54) Optical goods manufacture;

(55) Paper box, can, tube, and sack manufacture;

(56) Radio and television manufacture;

(57) Screw and bolt manufacture;

(58) Tinsmith shop;

(59) Tire manufacture, including recapping plants;

(60) Warehouses;

(61) Welding shop;

(62) Wood products manufacturing;

(63) Any industrial, manufacturing, fabrication or processing uses which the Planning Commission determines would not emit obnoxious noise, vibration, smoke, odor, or dust beyond the confines of its property or possess other characteristics that would be a nuisance to the residents of the city.

(B) Conditionally permitted uses requiring Board of Adjustment authorization.

(1) Public utilities, cemeteries, and funeral homes.

(2) Any accessory use customarily incidental to the above permitted and conditionally permitted uses.

(1) On lots adjacent to a Residential District, all buildings shall be located so as to provide a minimum side yard of 50 feet.

(2) No loading dock shall be constructed fronting on any public street or roadway.

(3) No materials or supplies shall be stored or permitted to remain on any part of the property outside the buildings constructed thereon without proper screening and adequate distances from adjoining properties.

(4) Junk yards and salvage and scrap iron yards shall be enclosed by an acceptable fence, wall, or other screening, not less than eight feet in height. The Board of Adjustment shall determine the acceptability of the screening.

(5) No waste material or refuse shall be dumped upon or permitted to remain upon any part of an industrial area outside of buildings constructed thereon. In addition, the property shall not be used by an industry whose primary business requires industrial sewerage, unless the governing municipal body authorizes the use of its sewage disposal plant’s facilities or the industry constructs its own sewage disposal plant.

(D) Height requirements. No building shall exceed six stories or 75 feet.

(E) Lot area, frontage, and yard requirements. The following minimum required lot area, frontage, and yard areas shall apply within the Industrial District:

Required Lot Area	Required Frontage	Required Front Yard Depth	Required Side Yard Width	Required Rear Yard Depth
None	None	50 feet	25 feet (each side)	25 feet

(F) Screening. Screening may be required by the Planning Commission.

(Ord., passed 3-10-86; Am. Ord. 1999-15, passed 8-9-99; Am. Ord. 2005-12, passed 9-12-05) Penalty, see § 151.99

ZONING ADMINISTRATION

§ 151.60 AMENDMENT TO ZONING REGULATIONS; HEARING.

(A) A proposed amendment to the zoning regulations may originate with the Planning Commission, legislative body, or with the owner of any property in question. Regardless of the origin of the proposed amendment, it shall be referred to the Planning Commission before adoption. The Commission shall review the proposal, and shall, within 60 days from the date of its receipt, advise the City Council as to whether it approves or disapproves of the proposed change, and if it disapproves, state the reasons for disapproval. Before the Planning Commission makes its recommendations to the City Council, the Planning Commission shall hold at least one public hearing after notice as required by KRS Chapter 424. A majority of the entire membership of the City Council shall be required to override the Planning Commission’s disapproval. Any zoning map amendment request or request for variance must include a detailed description of reference points and distances either by a copy of the current Recorded Deed or a current surveyor’s description, if not described with existing city streets.

(B) Before any map amendment is granted, the Planning Commission or the City Council must find that the map amendment is in agreement with the community’s comprehensive plan, or in the absence of such a finding, that one or more of the following apply and such finding shall be recorded in the minutes and records of the Planning Commission or the City Council.

(1) The original zoning classification given to the property was inappropriate or improper.

(2) There have been major changes of an economic, physical, or social nature within the area involved which were not anticipated in the community’s comprehensive plan and which have substantially altered the basic character of such area.
(Ord., passed 3-10-86; Am. Ord. 1999-15, passed 8-9-99; Am. Ord. 2005-12, passed 9-12-05)

§ 151.61 ZONING ADMINISTRATOR.

(A) Provisions of the zoning regulations shall be enforced by an Administrative Officer, designated by the city to administer the zoning regulations.

(B) The Zoning Administrator shall be authorized to issue building permits in accordance with the literal terms of the zoning regulations, 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 regulations.

(C) The Zoning Administrator shall keep accurate records in a permanent file for the issuance of building permits, inspections, violations, and stop orders.

(D) If the Zoning Administrator finds any provisions of the zoning regulations being violated, the person or persons responsible for such violations shall be notified by the Zoning Administrator through registered mail. Said notifications shall order the discontinuation of any illegal use of land, buildings, or structure.

(E) Any permit issued in conflict with the provisions of the zoning regulations shall be null and void.

(F) The Zoning Administrator shall be required to inform or report his actions to the Planning Commission. The report shall be in writing and issued to the Planning Commission on or before each monthly meeting.
(Ord., passed 3-10-86; Am. Ord. 2005-12, passed 9-12-05)

§ 151.62 BUILDING PERMITS.

(A) Required prior to construction or alteration. It shall be unlawful to commence the excavation for or the construction of any building, including accessory buildings, or to commence the moving or alteration of any building, including accessory buildings, until the Zoning Administrator has issued a building permit for such work.

(B) Exceptions. No building permit shall be required for recurring maintenance work.

(1) In applying to the Zoning Administrator for a building permit, the applicant shall submit a plan along with the application, drawn to scale, showing the dimensions of the lot to be built upon, the outside dimensions of all structures, yard depths and any other information for determining conformance with this chapter.

(2) If the proposed construction or alteration conforms with all applicable ordinances, regulations, and codes, the Zoning Administrator shall issue a building permit authorizing such construction or alteration. If proposed construction or alteration fails to conform, the Zoning Administrator shall refuse to issue a building permit and shall cause delivery of written notice to the applicant stating the reasons for refusal. The Zoning Administrator shall act upon applications for building permits within two weeks from the date of their submission.

(3) If no building permit has been issued and a builder begins or conditions to build, a restraining order may be obtained upon application to the proper court of record and evidence of the lack of a building permit shall establish a prima facie case for the issuance of the restraining order.

(4) The issuance of a building permit shall not waive any provisions of this regulation.

(5) A building permit shall become void one year from the date of issuance unless substantial progress has been made by that date on the construction or alteration authorized therein. A building permit may be renewed without fee upon review by the Zoning Administrator before it becomes void.
(Ord., passed 3-10-86; Am. Ord. 2005-12, passed 9-12-05)

§ 151.63 BOARD OF ADJUSTMENT.

(A) Membership.

(1) A Board of Adjustment shall be established before the zoning regulations shall be legally enforced.

(2) The Board shall consist of five members all of whom must be citizen members, and not more than two of whom may be citizen members of the Planning Commission. A "citizen member" is any member of the Planning Commission or Board of Adjustment who is not an elected or appointed official or employee of the city.

(3) The term of office for the Board of Adjustment members shall be four years, but the term of office of members first appointed shall be staggered so that a proportionate number serve one, two, three, and four years respectively.

(4) The Mayor shall be the appointing authority, subject to the approval of the legislative body.

(5) Vacancies on the Board shall be filled within 60 days by the Mayor. If the Mayor fails to act within that time, the Planning Commission shall fill the vacancy.

(6) When a vacancy occurs other than through expiration of the term of office, it shall be filled for the remainder of that term.

(7) All members of the Board shall, before entering upon their duties, qualify by taking the oath of office prescribed by Section 228 of the Constitution of the Commonwealth of Kentucky before a judge, notary public, clerk of a court, or justice of the peace.

(8) Reimbursement for expenses or compensation or both may be authorized for members of the Board.

(9) Any member of the Board may be removed by the appointing authority for inefficiency, neglect of duty, malfeasance, or conflict of interest. The appointing authority who exercises the power to remove a Board member shall submit a written statement to the Planning Commission setting forth the reasons for removal and the statement shall be read at the next meeting of the Board of Adjustment.

(10) The member so removed shall have the right of appeal to the Circuit Court.

(11) The Board shall annually elect a Chairman, Vice-Chairman, and a Secretary and any other officer it deems necessary. Any officer shall be eligible for re-election at the expiration of his term.

(B) Meetings of Board; quorum, minutes, and bylaws.

(1) The Board shall conduct meetings at the call of the Chairman who shall give written or oral notice to all members of the Board at least seven days prior to the meeting, which shall contain the date, time, and place for the meeting, and the subject or subjects which will be discussed.

(2) A simple majority of the total membership, as established by regulation or agreement, shall constitute a quorum. Any member of the Board who has any direct or indirect financial interest in the outcome of any question before the body shall disclose the nature of the interest and shall disqualify himself from voting on the question.

(3) The Board shall adopt bylaws for the transaction of business and shall keep minutes and records of all proceedings, including regulations, transaction, findings, and determinations and the number of votes for and against each question, and if any member is absent or abstains from voting, indicating the fact, all of which shall, immediately after adoption, be filed in the office of the Board. If the Board has no office, such records may be kept in custody of an officer of the Board and shall be available to the public. A transcript of the minutes of the Board shall be provided if requested by a party at the expense of the requesting party, and the transcript shall constitute the record. The Board shall submit a copy of its minutes to the Planning Commission and Zoning Administrator after each meeting.

(C) Employing planners or other persons. The Board of Adjustment may employ or contract with planners or other persons as it deems necessary to accomplish its assigned duties.

(D) Finances. The Board shall have the right to receive, hold, and spend funds which it may legally receive from any and every source in and out of the Commonwealth of Kentucky, including the United States Government, for the purpose of carrying out its duties.

(E) Subpoena power. The Board shall have the power to issue subpoenas to compel witnesses to attend its meetings and give evidence bearing upon the questions before it. The Police Department or the County Sheriff shall serve such subpoenas. The Circuit Court may, upon application by the Board, compel obedience to such court or such subpoena by proceedings of contempt.

(F) Administration of oaths. The Chairman of the Board shall have the power to administer an oath to witnesses prior to their testifying before the Board on any issue.

(G) Conditional use permits.

(1) The Board shall have the power to hear and decide applications for conditional use permits to allow the proper integration into the community of uses which are specifically named in the zoning regulations which may be suitable only in specific locations in the zone only if certain conditions are met.

(2) The Board may approve, modify, or deny any application for a conditional use permit. If it approves such permit it may attach necessary conditions such as time limitations, requirements that one or more things be done before the request can be initiated, or conditions of a continuing nature. Any such conditions shall be recorded in the Board’s minutes and on the conditional use permit, along with a reference to the specific section in the zoning regulations listing the conditional use under consideration. The Board shall have power to revoke conditional use permits, or variances for noncompliance with the condition thereof. Furthermore, the Board shall have a right of action to compel offending structures or uses removed at the cost of the violator and may have judgment in personam for such cost.

(3) Granting of a conditional use permit does not exempt the applicant from complying with all of the requirements of building, housing, and other regulations.

(4) In any case where a conditional use permit has been exercised within the time limit set by the Board or within one year, if no specific time limit has been set, such conditional use permit shall not revert to its original designation unless there has been a public hearing. "EXERCISED", as set forth in this section, shall mean that binding contracts for the construction to a substantial degree, or that prerequisite conditions involving substantial investment shall be under contract, in development, or completed. When construction is not a part of the use, "EXERCISED" shall mean that the use is in operation in compliance with the conditions as set forth in the permit.

(5) The Zoning Administrator shall review all conditional use permits, except those for which all conditions have been permanently satisfied, at least once annually and shall have the power to inspect the land or structure where the conditional use is located in order to ascertain that the landowner is complying with all of the conditions which are listed on the conditional use permit. If the landowner is not complying with all the conditions listed on the conditional use permit, the Zoning Administrator shall report the fact in writing to the Chairman of the Board of Adjustment. The report shall state specifically the manner in which the landowner is not complying with the conditions on the conditional permit, and a copy of the report shall be furnished to the landowner at the same time that it is furnished to the Chairman of the Board. If the Board finds that the facts alleged in the report of the Zoning Administrator are true and that the landowner has taken no steps to comply with them between the date of the report and the date of the hearing, the Board may authorize the Zoning Administrator to revoke the conditional use permit and take the necessary legal action to cause the termination of the activity on the land which the conditional use permit authorizes.

(6) Once the Board has completed a conditional use permit and all the conditions required are of such type that they can be completely and permanently satisfied, the Zoning Administrator upon request of the applicant, may, if the facts warrant, make a determination that the conditions have been satisfied, and enter the facts which indicate that the conditions have been satisfied and the conclusion in the margin of the copy of conditional use permit which is on file with the County Clerk, as required in KRS 100.329. Thereafter said use, if it continues to meet the other requirements of the regulations, will be treated as a permitted use.

(H) Dimensional variance.

(1) The Board shall have the power to hear and decide on applications for dimensional variances where, by reason of the exceptional narrowness, shallowness, or unusual shape of a site on the effective date of the zoning regulations or by reason of exceptional topographic conditions, or some other extraordinary situation of the dimensional requirements (height or width of building or size of yards, but no population density) of the zoning regulations would deprive the applicant of reasonable capacity to make use of the land in a manner equivalent to the use permitted other landowners in the same zone. The Board may impose any reasonable conditions or restrictions on any variance it decides to grant.

(2) Before any variance is granted, the Board must find all of the following, which shall be recorded along with any imposed conditions or restrictions in its minutes and records and issued in written form to the applicant to constitute proof of the dimensional variance.

(a) The specific conditions in detail which are unique to the applicant’s land and which do not exist on other land in the same zone.

(b) The manner in which the strict application of the provisions of the zoning regulations would deprive the applicant of a reasonable use of the land in the manner equivalent to the use permitted other landowners in the same zone.

(c) That the unique conditions and circumstances are not the result of actions of the applicant taken subsequent to the adoption of the zoning regulations.

(d) Reasons that the variance will preserve, not harm, the public safety and welfare and will not alter the essential character of the neighborhood.

(3) The Board shall not possess the power to grant a variance to permit a use of any land, building, or structure which is not permitted by the zoning regulation in the zone in question, or to alter density requirements in the zone in question.

(4) A dimensional variance applies to the property for which it is granted, and not to the individual who applied for it. A variance also runs with the land and is transferable to any future owner of the land, but it cannot be transferred by the applicant to a different site.

(I) Recording of variances and conditional use permits. All variances and conditional use permits approved by the Board of Adjustment shall be recorded at the expense of the applicant in the office of the County Court Clerk.

(J) Existing nonconforming use. The Board of Adjustment shall not allow the enlargement or extension of a nonconforming use beyond the scope and area of its operation at the time the regulation which makes its use nonconforming was adopted, nor shall the Board permit a change from one nonconforming use to another unless the new nonconforming use is in the same or a more restrictive classification.

(K) Administrative review. The Board shall have the power to hear and decide cases where it is alleged by an applicant that there is error in any order, requirement, decision, grant, or refusal made by the Zoning Administrator in the enforcement of the zoning regulations. Such appeal shall be taken within 60 days.

(L) Procedure for all appeals to Board. Appeals to the Board may be taken by any person or entity claiming to be injuriously affected or aggrieved by an official action or decision of the Zoning Administrator. Such appeal shall be taken within 30 days after the appellant or his agent received notice of the action appealed from, by filing with the Administrator and with the Board a notice of appeal specifying the grounds thereof, and giving notice of such appeal to any and all parties of record. The Administrator shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken and shall be treated as and be the respondent in such further proceedings. At any hearing by