For the purpose and intent of this ordinance, the city is hereby divided into the following zones:

 

   The zones are bounded and defined as shown on the map entitled “Official Zoning Map of the City of Alexandria, Kentucky” and shall so remain on file in the city building.

   (A)   If, in accordance with the provisions of this ordinance and Kentucky Revised Statutes, changes are made in zone boundaries or other matters portrayed on the official zoning map, such changes shall be made on the official zoning map by the Zoning Administrator promptly after the amendment to this ordinance has been approved by the legislative body. No building, structure, sign or fence permit shall be approved or issued until the official zoning map indicates the proper zoning for the use intended as indicated upon the application permit.

   (B)   No changes of any nature shall be made on the official zoning map or matter shown thereon which are not in conformity with the procedures set forth in this ordinance.

   (C)   Regardless of the existence of purported copies of the official zoning map, which shall be located in the office designated by law, shall be the final authority as to the current zoning status of land, buildings and other structures in the city.

   In the event that the official zoning map becomes damaged, destroyed, lost or are deemed necessary to replace due to the age of the map or major corrections in location of right-of-way or subdivisions, the city shall have cause to have prepared a new official zoning map, but no such corrections shall have the effect of amending the original zoning map or any subsequent amendment thereto.

   Rules for interpretation of zone boundaries shown on the official zoning map are as follows.

   (A)   Boundaries indicated as approximately following the rights-of-way of a street, alley or other public way shall be construed to follow such right-of-way lines and when said right-of-way are officially vacated the zones bordering such right-of-way shall be extended out to the center line of said vacated rights-of-way.

   (B)   Boundaries indicated as approximately following plotted lot lines shall be construed as following such lot lines.

   (C)   Boundaries indicated as approximately following political boundary lines shall be construed as following such boundary lines.

   (D)   Boundaries indicated as approximately following railroad lines shall be construed to be midway between the main tracks.

   (E)   Boundaries indicated as approximately following the center lines of streets, streams, rivers, ditches, gullies, ravines or other bodies of water shall be construed to follow such centerlines.

   (F)   Boundaries indicated as approximately following a topographic elevation, determined by the scale of the map shall be construed as following such ground elevation lines.

   (G)   Boundaries indicated as approximately parallel to features indicated in divisions (A) through (F) above shall be construed as parallel to such features. Boundaries indicated as approximate extensions of features indicated in divisions (A) through (F) above shall be construed as being extensions of such features. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map, if an accurate legal description cannot be determined from the original zoning case.

   In any case where property has not been included within a zone, such property shall be considered to be in the CO Zone (Conservation Zone) until otherwise classified.

   (A)   Permitted uses.

      (1)   Open spaces or natural habitats;

      (2)   Agricultural uses, but not including the feeding of garbage to animals;

      (3)   Publicly-owned and/or operated parks and/or recreation areas, including public swimming pools; and

      (4)   Recreational uses other than those publicly owned and/or operated, such as golf courses, and country clubs, including commercial swimming pools.

   (B)   Accessory uses.

      (1)   Customary accessory buildings and uses;

      (2)   Fences and walls, as regulated by Article 8 of this ordinance; and

      (3)   Signs, as regulated by Article 9 of this ordinance.

   (C)   Conditional uses. No building or occupancy permit shall be issued for any of the following, nor shall any of the following uses or any customary accessory buildings or uses be permitted until and unless the location of such use shall have been applied for and approved of by the Board of Adjustment, as set forth in § 3.15 of this ordinance:

      (1)   Golf driving ranges;

      (2)   Riding academies and stables;

      (3)   The following uses are permitted in connection with streams, rivers, lakes or other bodies of water; providing that, the development of all permitted facilities in or adjacent to navigable waters shall be approved by the Corps of Engineers, and the Department for Environmental Protection, Division of Water, and such statement of approval or denial shall be submitted to the Board of Adjustment at the time of submittal for a conditional zoning certificate:

         (a)   Boat harbors and marinas. The following uses shall be permitted as accessory uses in connection with any boat harbor or marina and primarily intended to serve only persons using the boat harbor or marina. Advertising of any included or accessory uses shall be within the building and shall not be visible from outside the building:

            1.   Boat fueling, service and repairs;

            2.   Sale of boat supplies;

            3.   Grocery store;

            4.   Restaurant; and

            5.   Club house and lockers.

         (b)   Public boat landing, docking and launching facilities;

         (c)   Dockage facilities; and

         (d)   Off-street parking facilities and temporary parking of boat trailers, including spaces large enough to accommodate automobiles pulling boat trailers.

   (D)   Area and height regulations. No building shall be erected or structurally altered hereafter, except in accordance with a development plan as reviewed and approved by the Planning Commission.

   (E)   Other development controls.

      (1)   All “uses permitted” and “conditional uses” permitted in this zone shall require a certificate of approval from the City Engineer, certifying his or her approval of the type of and manner of construction to be built (ensuring that such construction shall not cause flood hazard, soil erosion, adverse changes in natural drainage courses or unnecessary destruction of natural features), which completed certificate shall be submitted to the appropriate officer or board, as required herein, at the time of request.

      (2)   Dwelling units are not permitted in this zone.

      (3)   Off-street parking and loading or unloading shall be provided in accordance with Articles 5 and 6 of this ordinance.

      (4)   No outdoor storage of any material (useable or waste) shall be permitted in this zone, except within enclosed metal containers.

      (5)   No lighting shall be permitted which would glare from this zone onto any street, road, highway, deeded right-of-way or into any residential zone.

      (6)   Where any yard of any use permitted abuts a residential zone, a minimum yard requirement of 100 feet for each side and/or rear yard which abuts said zone shall be provided, ten feet of which shall be maintained by a screening area as regulated by § 3.18 of this ordinance.

      (7)   No use producing objectionable odors, noise or dust, shall be permitted within 500 feet from the boundary of any residential zone.

      (8)   A site plan, as regulated by § 3.21 of this ordinance, shall be required for any use in this zone.

   (A)   Permitted uses. (Agricultural buildings, uses and accessory uses cannot be regulated by zoning, except for setback requirements. The following regulations, therefore, apply only to those non- agricultural buildings, uses and accessory uses, permitted herein, except division (D)(2) below, which applies to all uses.)

      (1)   Single-family residential dwellings (detached);

      (2)   “Agricultural use”, as defined by KRS 100.111(2);

      (3)   Sale of products that are raised, produced, and processed on the premises; provided that, no roadside stands of any type for the sale or display of agricultural products shall be permitted within 50 feet from any street, road, highway or right-of-way line;

      (4)   Greenhouses and nurseries, including both wholesale and retail sales of products grown on the premises; provided that, the storage of manure shall not be permitted nearer the front of a street, road, highway or right-of-way line than 100 feet, or not near a side lot line than 50 feet from;

      (5)   Stables and riding academies, both public and private;

      (6)   Roller skating rinks in existence on the effective date of adoption of division (A)(6) below shall be considered and treated as permitted uses. These uses may continue to exist and expand in conformance with the regulations contained in this ordinance. However, the owner, lessee or other person or firm in possession of land containing an existing roller skating rink shall make an application and/or submit a site plan to the Planning Commission or its designated representative prior to any alterations to the use, building(s) or site; and

      (7)   Residential Conservation Development (RCD) of single-family dwellings designed in accordance with division (D) below and Article 6 of the city’s subdivision regulations.

   (B)   Accessory uses.

      (1)   Customary accessory buildings and uses;

      (2)   Fences and walls, as regulated by Article 8 of this ordinance;

      (3)   Home occupations subject to the restrictions and limitations established in § 3.12 of this ordinance; and

      (4)   Signs, as regulated by Article 9 of this ordinance.

   (C)   Conditional uses. No building or occupancy permit shall be issued for any of the following, nor shall any of the following uses or any customary accessory buildings or uses be permitted until and unless the location of such use shall have been applied for and approved by the Board of Adjustment, as set forth in § 3.15 of this ordinance:

      (1)   Cemeteries;

      (2)   Churches and other buildings for the purpose of religious worship; provided, they are located adjacent to an arterial street;

      (3)   Institutions for higher education; provided, they are located adjacent to an arterial street;

      (4)   Police and fire stations; provided, they are located adjacent to an arterial street;

      (5)   Public and private schools; provided, they are located adjacent to an arterial street;

      (6)   Nursery schools and family day care homes;

      (7)   Veterinarian offices, including large and small animal, and clinics;

      (8)   Publicly-owned and/or operated parks, playgrounds, golf courses, community recreational centers, including public swimming pools and libraries; and

      (9)   Recreational uses, other than those publicly owned and/or operated as follows:

         (a)   Golf courses;

         (b)   Country clubs;

         (c)   Semi-public swimming pools;

         (d)   Tennis courts/clubs;

         (e)   Fishing lakes and clubs; and

         (f)   Gun clubs and ranges.

   (D)   Area and height regulations for permitted and conditional uses. No building shall be erected or structurally altered hereafter, except in accordance with the following regulations:

      (1)   Minimum lot area: three acres;

      (2)   Minimum lot width at minimum setback line (excluding flag lots): 250 feet;

      (3)   Minimum front yard depth: 50 feet;

      (4)   Minimum side yard width on each side of lot: 50 feet;

      (5)   Minimum rear yard depth: 25 feet;

      (6)   Maximum building height: 35 feet or two and one-half stories; and

      (7)   For residential conservation developments (RCD), the minimum area and height regulations apply:

         (a)   Minimum lot area: one acre;

         (b)   Minimum lot width at minimum setback line (excluding flag lots): 200 feet;

         (c)   Minimum front yard depth: 40 feet;

         (d)   Minimum side yard width on each side of lot: 50 feet;

         (e)   Minimum rear yard depth: 25 feet; and

         (f)   Maximum building height: 35 feet or two and one-half stories.

   (E)   Other development controls.

      (1)   Off-street parking and loading and/or unloading shall be provided in accordance with Articles 5 and 6 of this ordinance.

      (2)   No outdoor storage of any objectionable material (useable or waste) shall be permitted in this zone, except within enclosed containers.

      (3)   No lighting shall be permitted which would glare from this zone onto any street, road, highway, deeded right-of-way or into any residential zone.

      (4)   Where any yard of any conditional use permitted in this zone abuts property in a Single-Family Residential Zone, a ten-foot wide screening area as regulated by § 3.18 of this ordinance shall be required.

      (5)   No motor vehicle which is abandoned, non-functional, in a state of disrepair, or lacking in a valid license, shall be stored in excess of 72 hours unless it is in a completely enclosed building. Vehicles with three or more axles; any trailer with three or more axles; any commercial, industrial and/or similar type trailer used for storage; and heavy, industrial and/or similar type equipment which is motorized, abandoned, non-functional, or in a state of disrepair shall not be permitted outside of a completely enclosed building on any lot or parcel of land. Any agricultural implement and/or similar type equipment or apparatus which is abandoned, non-functional or in a state of disrepair shall not be permitted outside of a completely enclosed building on any lot or parcel of land. (See § 3.24 of this ordinance for regulations pertaining to parking or storing of semi-tractors, tractors, panel trucks, buses, motor homes, campers vehicles with three or more axles, trailers, mobile homes, campers, inoperable vehicles and other similar types of equipment.)

   (A)   Permitted uses.

      (1)   Single-family dwellings; and

      (2)   Residential conservation development (RCD) of single-family dwellings designed in accordance with division (D) below and Article 6 of the city’s subdivision regulations.

   (B)   Accessory uses.

      (1)   Customary accessory buildings and uses;

      (2)   Fences and walls, as regulated by Article 8 of this ordinance;

      (3)   Home occupations subject to the restrictions and limitations established in § 3.12 of this ordinance; and

      (4)   Signs, as regulated by Article 9 of this ordinance.

   (C)   Conditional uses. No building or occupancy permit shall be issued for any of the following, nor shall any of the following uses or any customary accessory buildings or uses be permitted until and unless the location of such use shall have been applied for and approved by the Board of Adjustment, as set forth in § 3.15 of this ordinance:

      (1)   Cemeteries;

      (2)   Churches and other buildings for the purpose of religious worship; provided, they are located adjacent to an arterial street;

      (3)   Institutions for higher education; provided, they are located adjacent to an arterial street;

      (4)   Institutions for human medical care - hospitals, clinics, sanitariums, convalescent homes, nursing homes and homes for the aged; provided, they are located adjacent to an arterial street;

      (5)   Public and private schools; provided, they are located adjacent to an arterial street;

      (6)   Nursery schools and family day care homes;

      (7)   Publicly-owned and/or operated parks, playgrounds, golf courses, community recreational centers, including public swimming pools and libraries;

      (8)   Fire and police stations; provided, they are located adjacent to an arterial street;

      (9)   Recreational uses, other than those publicly owned and/or operated as follows:

         (a)   Golf courses;

         (b)   Country clubs; and

         (c)   Semi-public swimming pools.

      (10)   Funeral homes.

   (D)   Area and height regulations for permitted and conditional uses. No building shall be erected or structurally altered hereafter, except in accordance with the following regulations:

      (1)   Minimum lot area: one acre;

      (2)   Minimum lot width at minimum setback line (excluding flag lots): 140 feet;

      (3)   Minimum front yard depth: 40 feet;

      (4)   Minimum side yard width on each side of lot: 25 feet;

      (5)   Minimum rear yard depth: 25 feet;

      (6)   Maximum building height: 35 feet or two and one-half stories; and

      (7)   For residential conservation developments (RCD), the minimum area and height regulations apply:

         (a)   Minimum lot area: 32,670 square feet or 0.75 acre;

         (b)   Minimum lot width at minimum setback line (excluding flag lots): 120 feet;

         (c)   Minimum front yard depth: 30 feet;

         (d)   Minimum side yard width on each side of lot: 25 feet;

         (e)   Minimum rear yard depth: 25 feet; and

         (f)   Maximum building height: 35 feet or two and one-half stories.

   (E)   Other development controls.

      (1)   Off-street parking and loading and/or unloading shall be provided in accordance with Articles 5 and 6 of this ordinance.

      (2)   No outdoor storage of any objectionable material (useable or waste) shall be permitted in this zone, except within enclosed containers.

      (3)   No lighting shall be permitted which would glare from this zone onto any street, road, highway, deeded right-of-way or into any adjacent property.

      (4)   Where any yard of any conditional use permitted in this zone abuts property in a single-family residential zone, a ten-foot wide screening area as regulated by § 3.18 of this ordinance shall be required.

      (5)   No motor vehicle which is abandoned, non-functional, in a state of disrepair, or lacking in a valid license, shall be stored in excess of 72 hours unless it is in a completely enclosed building. Vehicles with three or more axles; any trailer with three or more axles; any commercial, industrial and/or similar type trailer used for storage; and any similar type equipment which is motorized, abandoned, non-functional or in a state of disrepair shall not be permitted outside of a completely enclosed building on any lot or parcel of land. Any agricultural implement and/or similar type equipment or apparatus which is abandoned, non-functional or in a state of disrepair shall not be permitted outside of a completely enclosed building on any lot or parcel of land. (See § 3.24 of this ordinance for regulations pertaining to parking or storing of semi- tractors, tractors, panel trucks, buses, motor homes, campers vehicles with three or more axles, trailers, mobile homes, campers, inoperable vehicles and other similar types of equipment.)

      (6)   No heavy construction or industrial equipment or machinery, including, but not limited to, bobcats, backhoes, bulldozers, track hoes, front end loaders, earthmovers and the like, shall be stored in this zone, regardless of whether the equipment or machinery is operable or inoperable, regardless of whether it can be stored in an enclosed area, and regardless of whether it can be stored in an area in which its view is obstructed from neighbors or the public.

   (A)   Permitted uses.

      (1)   Single-family dwellings; and

      (2)   Residential conservation development (RCD) of single-family dwellings designed in accordance with division (D) below and Article 6 of the city’s subdivision regulations.

   (B)   Accessory uses.

      (1)   Customary accessory buildings and uses;

      (2)   Fences and walls, as regulated by Article 8 of this ordinance;

      (3)   Home occupations subject to the restrictions and limitations established in § 3.12 of this ordinance; and

      (4)   Signs, as regulated by Article 9 of this ordinance.

   (C)   Conditional uses. No building or occupancy permit shall be issued for any of the following, nor shall any of the following uses or any customary accessory buildings or uses be permitted until and unless the location of such use shall have been applied for and approved by the Board of Adjustment, as set forth in § 3.15 of this ordinance:

      (1)   Cemeteries;

      (2)   Churches and other buildings for the purpose of religious worship; provided, they are located adjacent to an arterial street;

      (3)   Institutions for higher education; provided, they are located adjacent to an arterial street;

      (4)   Institutions for human medical care - hospitals, clinics, sanitariums, convalescent homes, nursing homes and homes for the aged; provided, they are located adjacent to an arterial street;

      (5)   Public and private schools; provided, they are located adjacent to an arterial street;

      (6)   Nursery schools and family day care homes;

      (7)   Publicly-owned and/or operated parks, playgrounds, golf courses, community recreational centers, including public swimming pools and libraries;

      (8)   Fire and police stations; provided, they are located adjacent to an arterial street;

      (9)   Recreational uses, other than those publicly owned and/or operated as follows:

         (a)   Golf courses;

         (b)   Country clubs; and

         (c)   Semi-public swimming pools.

      (10)   Funeral homes.

   (D)   Area and height regulations for permitted uses. No building shall be erected or structurally altered hereafter, except in accordance with the following regulations:

      (1)   Minimum lot area: one-half acre;

      (2)   Minimum lot width at minimum setback line (excluding flag lots): 100 feet;

      (3)   Minimum front yard depth: 40 feet;

      (4)   Minimum side yard width on each side of lot: 15 feet;

      (5)   Minimum rear yard depth: 25 feet;

      (6)   Maximum building height: 35 feet or two and one-half stories; and

      (7)   For residential conservation developments (RCD), the minimum area and height regulations apply:

         (a)   Minimum lot area: 21,780 square feet or one-half acre;

         (b)   Minimum lot width at minimum setback line (excluding flag lots): 80 feet;

         (c)   Minimum front yard depth: 25 feet;

         (d)   Minimum side yard width on each side of lot: 15 feet;

         (e)   Minimum rear yard depth: 25 feet; and

         (f)   Maximum building height: 35 feet or two and one-half stories.

   (E)   Area and height regulations for conditionally permitted uses. No conditional building and/or use shall be erected or structurally altered hereafter, except in accordance with the following regulations:

      (1)   Minimum lot area: one-half acre;

      (2)   Minimum lot width at minimum setback line (excluding flag lots): 85 feet;

      (3)   Minimum front yard depth: 50 feet;

      (4)   Minimum side (on each side of lot) and rear yard depth: 25 feet; and

      (5)   Maximum building height: 35 feet.

   (F)   Other development controls.

      (1)   Off-street parking and loading and/or unloading shall be provided in accordance with Articles 5 and 6 of this ordinance.

      (2)   No outdoor storage of any objectionable material (useable or waste) shall be permitted in this zone, except within enclosed containers.

      (3)   No lighting shall be permitted which would glare from this zone onto any street, road, highway, deeded right-of-way or into any adjacent property.

      (4)   Where any yard of any conditional use permitted in this zone abuts property in a single-family zone, a ten-foot wide screening area as regulated by § 3.18 of this ordinance shall be required.

      (5)   No motor vehicle which is abandoned, non-functional, in a state of disrepair or lacking in a valid license, shall be stored in excess of 72 hours unless it is in a completely enclosed building. Vehicles with three or more axles; any trailer with three or more axles; any commercial, industrial and/or similar type trailer used for storage; and any similar type equipment which is motorized, abandoned, non-functional or in a state of disrepair shall not be permitted outside of a completely enclosed building on any lot or parcel of land. Any agricultural implement and/or similar type equipment or apparatus which is abandoned, non-functional or in a state of disrepair shall not be permitted outside of a completely enclosed building on any lot or parcel of land. (See § 3.24 of this ordinance for regulations pertaining to parking or storing of semi- tractors, tractors, panel trucks, buses, motor homes, campers vehicles with three or more axles, trailers, mobile homes, campers, inoperable vehicles and other similar types of equipment.)

      (6)   No heavy construction or industrial equipment or machinery, including, but not limited to, bobcats, backhoes, bulldozers, track hoes, front end loaders, earthmovers and the like, shall be stored in this zone, regardless of whether the equipment or machinery is operable or inoperable, regardless of whether it can be stored in an enclosed area, and regardless of whether it can be stored in an area in which its view is obstructed from neighbors or the public.

   (A)   Permitted uses.

      (1)   Single-family dwellings; and

      (2)   Residential conservation development (RCD) of single-family dwellings designed in accordance with division (D) below and Article 6 of the city’s subdivision regulations.

   (B)   Accessory uses.

      (1)   Customary accessory buildings and uses;

      (2)   Fences and walls, as regulated by Article 8 of this ordinance;

      (3)   Home occupations subject to the restrictions and limitations established in § 3.12 of this ordinance; and

      (4)   Signs, as regulated by Article 9 of this ordinance.

   (C)   Conditional uses. No building or occupancy permit shall be issued for any of the following, nor shall any of the following uses or any customary accessory buildings or uses be permitted until and unless the location of such use shall have been applied for and approved by the Board of Adjustment, as set forth in § 3.15 of this ordinance:

      (1)   Cemeteries;

      (2)   Churches and other buildings for the purpose of religious worship; provided, they are located adjacent to an arterial street;

      (3)   Institutions for higher education; provided, they are located adjacent to an arterial street;

      (4)   Institutions for human medical care - hospitals, clinics, sanitariums, convalescent homes, nursing homes and homes for the aged; provided, they are located adjacent to an arterial street;

      (5)   Public and private schools; provided, they are located adjacent to an arterial street;

      (6)   Nursery schools and family day care homes;

      (7)   Publicly-owned and/or operated parks, playgrounds, golf courses, community recreational centers, including public swimming pools and libraries;

      (8)   Fire and police stations; provided, they are located adjacent to an arterial street;

      (9)   Recreational uses, other than those publicly owned and/or operated as follows:

         (a)   Golf courses;

         (b)   Country clubs; and

         (c)   Semi-public swimming pools.

      (10)   Funeral homes.

   (D)   Area and height regulations for permitted uses. No building shall be erected or structurally altered hereafter, except in accordance with the following regulations:

      (1)   Minimum lot area: 12,500 square feet;

      (2)   Minimum lot width at minimum setback line (excluding flag lots): 80 feet;

      (3)   Minimum front yard depth: 35 feet;

      (4)   Minimum side yard width on each side of lot: 12 feet;

      (5)   Minimum rear yard depth: 25 feet;

      (6)   Maximum building height: 35 feet or two and one-half stories; and

      (7)   For residential conservation developments (RCD), the minimum area and height regulations apply:

         (a)   Minimum lot area: 10,890 square feet or 0.25 acre;

         (b)   Minimum lot width at minimum setback line (excluding flag lots): 60 feet;

         (c)   Minimum front yard depth: 25 feet;

         (d)   Minimum side yard width on each side of lot: 15 feet total, five minimum;

         (e)   Minimum rear yard depth: 25 feet; and

         (f)   Maximum building height: 35 feet or two and one-half stories.

   (E)   Design standards. All proposed residential conservation developments (RCD) in this district shall be assessed in terms of the design standards contained in this section. These regulations are purposely general in order to facilitate innovative and quality housing design. Each applicant or developer is required to demonstrate how the proposed RCD fulfills the following design standards in a written or graphic manner.

      (1)   Streetscape. The streetscape of a RCD within this district should be designed in detail specifying lighting, placement of street trees, sidewalks or alternate pedestrian ways and street furniture (benches, wastebaskets and the like). A row of deciduous shade trees between the street and the sidewalk shall be installed in order to enclose the street and separate pedestrian traffic from vehicular traffic. Street trees shall be spaced 40 feet apart along both sides of the street. Street trees shall meet the landscaping requirements of Article 10 in this ordinance. Bricked or cobblestone sidewalks, street crossings or streets are strongly encouraged as an alternative to concrete or asphalt, but must be handicapped accessible and meet current ADA requirements.

      (2)   Preliminary house design or architecture. Homes should be designed in the same architectural style (characteristic in form and detail of a particular architectural period or type). A consistent architectural style should encourage visual harmony and the concept of unified diversity: while avoiding excessively similar or monotonous “cookie cutter” house designs. The unified architectural style of the house designs shall also apply to materials, colors, roof types and entrances, and shall include traditional, regionally influenced architectural forms and elements, and shall allow variations within it. The architectural theme shall also relate to existing structures on the project site and adjacent sites, especially if such existing structures are historic. The use of architectural guidelines is required for multi-phased projects. Front yards shall be consistent and are not recommended to exceed 25 feet in depth in order to facilitate a neighborhood connection and allow rear yards to accommodate private garages and garden areas. In order to achieve a neo-traditional style, it is suggested that all homes shall contain covered porches oriented to the street.

      (3)   Focal point. Any opportunity for a strong, central focus should be studied and developed. These central places are usually a key to establishing community identity. In addition, the development of unique entrances and community greens are strongly recommended.

      (4)   Fences, walls and landscaped berms. Consideration should be given to brick walls, fences and landscaped berms, which would produce a continuous cohesive wall of enclosure on a lot line (and are especially encouraged in front yards) or adjacent to a road. These fences and walls shall be designed and maintained in relationship with the character of the surrounding land uses and structures.

      (5)   Landscaping. Consideration should be given to the predominance of a quality and quantity of landscaping and an emphasis shall be given to streetscape areas, buffer zones and the provision of significant landscaping (in terms of the size of landscaped portions of the site). Landscaping details will be evaluated on the entire site and properties. A special attempt should be made to preserve the existing vegetation and scenic areas, if any and encourage additional open space for the public’s benefit. Existing topography, significant tree cover and watercourses/bodies shall be largely preserved and incorporated into the project design, where appropriate, and should be consistent with the remainder of these regulations. Plantings should be used to soften the impact of parking and loading areas. Plant material should be selected on the basis of texture and color and for its ultimate growth to provide a visual screen for the public in accordance with Appendix B of this ordinance. The use of landscape design guidelines is required for multi-phased projects.

      (6)   Utilities. All utility service lines to the building and possible main lines to or within the site shall be located and installed underground. Alternatives may be possible if this requirement is economically infeasible.

      (7)   Detention/retention ponds or lakes. Large detention/retention ponds or lakes should be discouraged in the front yard or in an area viewed from a public street if not used for both storm water management and aesthetic purposes. Smaller detention/retention ponds or lakes appropriately designed and landscaped should be encouraged and distributed throughout the site and may appear in the front yard or in an area viewed from a public street. Surface drainage and flood water retention shall be planned to not adversely impact the adjoining properties.

   (F)   Area and height regulations for conditionally permitted uses. No conditional building and/or use shall be erected or structurally altered hereafter, except in accordance with the following regulations:

      (1)   Minimum lot area: 22,500 square feet;

      (2)   Minimum lot width at minimum setback line (excluding flag lots): 150 feet;

      (3)   Minimum front, side (on each side of lot) and rear yard depth: 50 feet; and

      (4)   Maximum building height: 35 feet.

   (G)   Other development controls.

      (1)   Off-street parking and loading and/or unloading shall be provided in accordance with Articles 5 and 6 of this ordinance.

      (2)   No outdoor storage of any objectionable material (useable or waste) shall be permitted in this zone, except within enclosed containers.

      (3)   No lighting shall be permitted which would glare from this zone onto any street, road, highway, deeded right-of-way or into any adjacent property.

      (4)   Where any yard of any conditional use permitted in this zone abuts property in a single-family zone, a ten-foot wide screening area as regulated by § 3.18 of this ordinance shall be required.

      (5)   No motor vehicle which is abandoned, non-functional, in a state of disrepair or lacking in a valid license, shall be stored in excess of 72 hours unless it is in a completely enclosed building. Vehicles with three or more axles; any trailer with three or more axles; any commercial, industrial and/or similar type trailer used for storage; and any similar type equipment which is motorized, abandoned, non-functional or in a state of disrepair shall not be permitted outside of a completely enclosed building on any lot or parcel of land. Any agricultural implement and/or similar type equipment or apparatus which is abandoned, non-functional or in a state of disrepair shall not be permitted outside of a completely enclosed building on any lot or parcel of land. (See § 3.24 of this ordinance for regulations pertaining to parking or storing of semi- tractors, tractors, panel trucks, buses, motor homes, campers vehicles with three or more axles, trailers, mobile homes, campers, inoperable vehicles and other similar types of equipment.)

      (6)   No heavy construction or industrial equipment or machinery, including, but not limited to, bobcats, backhoes, bulldozers, track hoes, front end loaders, earthmovers and the like, shall be stored in this zone, regardless of whether the equipment or machinery is operable or inoperable, regardless of whether it can be stored in an enclosed area, and regardless of whether it can be stored in an area in which its view is obstructed from neighbors or the public.

   (A)   Permitted uses.

      (1)   Single-family dwellings;

      (2)   Existing single-family dwellings on lots of 9,000 square feet within the R-1D and R-1E Residential Zones established prior to the adoption of this division (A)(2); and

      (3)   Residential conservation development (RCD) of single-family dwellings designed in accordance with divisions (D) and (E) below and Article 6 of the city’s subdivision regulations.

   (B)   Accessory uses.

      (1)   Customary accessory buildings and uses;

      (2)   Fences and walls, as regulated by Article 8 of this ordinance;

      (3)   Home occupations subject to the restrictions and limitations established in § 3.12 of this ordinance; and

      (4)   Signs, as regulated by Article 9 of this ordinance.

   (C)   Conditional uses. No building or occupancy permit shall be issued for any of the following, nor shall any of the following uses or any customary accessory buildings or uses be permitted until and unless the location of such use shall have been applied for and approved by the Board of Adjustment, as set forth in § 3.15 of this ordinance:

      (1)   Cemeteries;

      (2)   Churches and other buildings for the purpose of religious worship; provided, they are located adjacent to an arterial street;

      (3)   Institutions for higher education; provided, they are located adjacent to an arterial street;

      (4)   Institutions for human medical care - hospitals, clinics, sanitariums, convalescent homes, nursing homes and homes for the aged; provided, they are located adjacent to an arterial street;

      (5)   Public and private schools; provided, they are located adjacent to an arterial street;

      (6)   Nursery schools and family day care homes;

      (7)   Publicly owned and/or operated parks, playgrounds, golf courses, community recreational centers, including public swimming pools and libraries;

      (8)   Fire and police stations; provided, they are located adjacent to an arterial street;

      (9)   Recreational uses, other than those publicly owned and/or operated as follows:

         (a)   Golf courses;

         (b)   Country clubs; and

         (c)   Semi-public swimming pools.

      (10)   Funeral homes.

   (D)   Area and height regulations for permitted uses. No building shall be erected or structurally altered hereafter, except in accordance with the following regulations:

      (1)   Minimum lot area: 12,000 square feet unless permitted under R-1D and R-1E Zones, prior to adoption of division (A)(2) above;

      (2)   Minimum lot width at minimum setback line (excluding flag lots): 80 feet, unless permitted as 70 feet under R-1D and R-1E prior to January 1999;

      (3)   Minimum front yard depth: 30 feet;

      (4)   Minimum side yard width on each side of lot: ten feet;

      (5)   Minimum rear yard depth: 25 feet;

      (6)   Maximum building height: 35 feet or two and one-half stories; and

      (7)   For residential conservation developments (RCD), the minimum area and height regulations apply:

         (a)   Minimum lot area: 6,534 square feet or 0.15 acre;

         (b)   Minimum lot width at minimum setback line (excluding flag lots): 60 feet;

         (c)   Minimum front yard depth: 25 feet;

         (d)   Minimum side yard width on each side of lot: 15 feet total, five feet minimum;

         (e)   Minimum rear yard depth: 25 feet; and

         (f)   Maximum building height: 35 feet or two and one-half stories.

   (E)   Design standards. All proposed residential conservation developments (RCD) in this district shall be assessed in terms of the design standards contained in this section. These regulations are purposely general in order to facilitate innovative and quality housing design. Each applicant or developer is required to demonstrate how the proposed RCD fulfills the following design standards in a written or graphic manner.

      (1)   Streetscape. The streetscape of a RCD within this district should be designed in detail specifying lighting, placement of street trees, sidewalks or alternate pedestrian ways and street furniture (benches, wastebaskets and the like). A row of deciduous shade trees between the street and the sidewalk shall be installed in order to enclose the street and separate pedestrian traffic from vehicular traffic. Street trees shall be spaced 40 feet apart along both sides of the street. Street trees shall meet the landscaping requirements of Article 10 of this ordinance. Bricked or cobblestone sidewalks, street crossings or streets are strongly encouraged as an alternative to concrete or asphalt but must be handicapped accessible and meet current ADA requirements.

      (2)   Preliminary house design or architecture. Homes should be designed in the same architectural style (characteristic in form and detail of a particular architectural period or type). A consistent architectural style should encourage visual harmony and the concept of unified diversity: while avoiding excessively similar or monotonous “cookie cutter” house designs. The unified architectural style of the house designs shall also apply to materials, colors, roof types and entrances, and shall include traditional, regionally influenced architectural forms and elements and shall allow variations within it. The architectural theme shall also relate to existing structures on the project site and adjacent sites, especially if such existing structures are historic. The use of architectural guidelines is required for multi-phased projects. Front yards shall be consistent and are not recommended to exceed 25 feet in depth in order to facilitate a neighborhood connection and allow rear yards to accommodate private garages and garden areas. In order to achieve a neo-traditional style, it is suggested that all homes shall contain covered porches oriented to the street.

      (3)   Focal point. Any opportunity for a strong, central focus should be studied and developed. These central places are usually a key to establishing community identity. In addition, the development of unique entrances and community greens are strongly recommended.

      (4)   Fences, walls and landscaped berms. Consideration should be given to brick walls, fences and landscaped berms, which would produce a continuous cohesive wall of enclosure on a lot line (and are especially encouraged in front yards) or adjacent to a road. These fences and walls shall be designed and maintained in relationship with the character of the surrounding land uses and structures.

      (5)   Landscaping. Consideration should be given to the predominance of a quality and quantity of landscaping and an emphasis shall be given to streetscape areas, buffer zones and the provision of significant landscaping (in terms of the size of landscaped portions of the site). Landscaping details will be evaluated on the entire site and properties. A special attempt should be made to preserve the existing vegetation and scenic areas, if any and encourage additional open space for the public’s benefit. Existing topography, significant tree cover and watercourses/bodies shall be largely preserved and incorporated into the project design, where appropriate, and should be consistent with the remainder of these regulations. Plantings should be used to soften the impact of parking and loading areas. Plant material should be selected on the basis of texture and color and for its ultimate growth to provide a visual screen for the public in accordance with Appendix B of this ordinance. The use of landscape design guidelines is required for multi-phased projects.

      (6)   Utilities. All utility service lines to the building and possible main lines to or within the site shall be located and installed underground. Alternatives may be possible if this requirement is economically infeasible.

      (7)   Detention/retention ponds or lakes. Large detention/retention ponds or lakes should be discouraged in the front yard or in an area viewed from a public street if not used for both storm water management and aesthetic purposes. Smaller detention/retention ponds or lakes appropriately designed and landscaped should be encouraged and distributed throughout the site and may appear in the front yard or in an area viewed from a public street. Surface drainage and flood water retention shall be planned to not adversely impact the adjoining properties.

   (F)   Area and height regulations for conditionally permitted uses. No conditional building and/or use shall be erected or structurally altered hereafter except in accordance with the following regulations:

      (1)   Minimum lot area: 22,500 square feet;

      (2)   Minimum lot width at minimum setback line (excluding flag lots): 150 feet;

      (3)   Minimum front, side (on each side of lot) and rear yard depth: 50 feet; and

      (4)   Maximum building height: 35 feet.

   (G)   Other development controls.

      (1)   Off-street parking and loading and/or unloading shall be provided in accordance with Articles 5 and 6 of this ordinance.

      (2)   No outdoor storage of any objectionable material (useable or waste) shall be permitted in this zone, except within enclosed containers.

      (3)   No lighting shall be permitted which would glare from this zone onto any street, road, highway, deeded right-of-way or into any adjacent property.

      (4)   Where any yard of any conditional use permitted in this zone abuts property in a single-family zone, a ten-foot wide screening area as regulated by § 3.18 of this ordinance shall be required.

      (5)   No motor vehicle which is abandoned, non-functional, in a state of disrepair or lacking in a valid license shall be stored in excess of 72 hours unless it is in a completely enclosed building. Vehicles with three or more axles; any trailer with three or more axles; any commercial, industrial and/or similar type trailer used for storage; and any similar type equipment which is motorized, abandoned, non-functional or in a state of disrepair shall not be permitted outside of a completely enclosed building on any lot or parcel of land. Any agricultural implement and/or similar type equipment or apparatus which is abandoned, non-functional or in a state of disrepair shall not be permitted outside of a completely enclosed building on any lot or parcel of land. (See § 3.24 of this ordinance for regulations pertaining to parking or storing of semi- tractors, tractors, panel trucks, buses, motor homes, campers vehicles with three or more axles, trailers, mobile homes, campers, inoperable vehicles and other similar types of equipment.)

      (6)   No heavy construction or industrial equipment or machinery, including, but not limited to, bobcats, backhoes, bulldozers, track hoes, front end loaders, earthmovers and the like, shall be stored in this zone, regardless of whether the equipment or machinery is operable or inoperable, regardless of whether it can be stored in an enclosed area, and regardless of whether it can be stored in an area in which its view is obstructed from neighbors or the public.

   NOTE: The R-1V Zone was repealed by Ord. 2007-11, approved 7-5-2007; therefore, no new properties can be Zone R-1V. The following R1-V regulations apply only to those properties zoned R-1V by Ord. 2007-06. This single-family residential zoning classification allows for the existence of residential building lots with an allowable minimum lot size of 70 feet width at the minimum building setback line and a minimum size of 9,000 square feet.

   (A)   Permitted uses.

      (1)   Single-family dwellings; and

      (2)   Roller skating rinks and veterinarian’s offices in existence on the effective date of adoption of this ordinance (6-21-2007) shall be considered and treated as permitted uses. These uses may continue to exist and expand in conformance with the regulations contained in this ordinance. However, the owner, lessee or other person or firm in possession of land containing an existing roller skating rink or veterinarian’s office shall make an application and/or submit a site plan to the Planning Commission or its designated representative prior to any alterations to the use, building(s) or site.

   (B)   Accessory uses.

      (1)   Customary accessory buildings and uses;

      (2)   Fences and walls, as regulated by Article 8 of this ordinance;

      (3)   Home occupations subject to the restrictions and limitations established in § 3.12 of this ordinance; and

      (4)   Signs, as regulated by Article 9 of this ordinance.

   (C)   Conditional uses. No building or occupancy permit shall be issued for any of the following, nor shall any of the following uses or any customary accessory buildings or uses be permitted until and unless the location of such use shall have been applied for and approved by the Board of Adjustment, as set forth in § 3.15 of this ordinance:

      (1)   Cemeteries;

      (2)   Churches and other buildings for the purpose of religious worship; provided, they are located adjacent to an arterial street;

      (3)   Institutions for higher education; provided, they are located adjacent to an arterial street;

      (4)   Institutions for human medical care - hospitals, clinics, sanitariums, convalescent homes, nursing homes and homes for the aged; provided, they are located adjacent to an arterial street;

      (5)   Public and private schools; provided, they are located adjacent to an arterial street;

      (6)   Nursery schools and family day care homes;

      (7)   Publicly-owned and/or operated parks, playgrounds, golf courses, community recreational centers, including public swimming pools and libraries;

      (8)   Fire and police stations; provided, they are located adjacent to an arterial street;

      (9)   Recreational uses, other than those publicly owned and/or operated as follows:

         (a)   Golf courses;

         (b)   Country clubs; and

         (c)   Semi-public swimming pools.

   (D)   Area and height regulations for permitted uses. No building shall be erected or structurally altered hereafter, except in accordance with the following regulations:

      (1)   Minimum lot area: 9,000 square feet;

      (2)   Minimum lot width at minimum setback line (excluding flag lots): 70 feet;

      (3)   Minimum front yard depth: 30 feet;

      (4)   Minimum side yard width on each side of lot: ten feet;

      (5)   Minimum rear yard depth: 25 feet; and

      (6)   Maximum building height: 35 feet or two and one-half stories.

   (E)   Area and height regulations or conditionally permitted uses. No conditional building and/or use shall be erected or structurally altered hereafter, except in accordance with the following regulations:

      (1)   Minimum lot area: 22,500 square feet;

      (2)   Minimum lot width at minimum setback line (excluding flag lots): 150 feet;

      (3)   Minimum front, side (on each side of lot) and rear yard depth: 50 feet; and

      (4)   Maximum building height: 35 feet.

   (F)   Other development controls.

      (1)   Off-street parking and loading and/or unloading shall be provided in accordance with Articles 5 and 6 of this ordinance.

      (2)   No outdoor storage of any objectionable material (useable or waste) shall be permitted in this zone, except within enclosed containers.

      (3)   No lighting shall be permitted which would glare from this zone onto any street, road, highway, deeded right-of-way or into any adjacent property.

      (4)   Where any yard of any conditional use permitted in this zone abuts property in a single-family zone, a ten-foot wide screening area as regulated by § 3.18 of this ordinance shall be required.

      (5)   No motor vehicle which is abandoned, non-functional, in a state of disrepair, or lacking in a valid license, shall be stored in excess of 72 hours unless it is in a completely enclosed building. Vehicles with three or more axles; any trailer with three or more axles; any commercial, industrial and/or similar type trailer used for storage; and heavy, industrial and/or similar type equipment which is motorized, abandoned, non-functional or in a state of disrepair shall not be permitted outside of a completely enclosed building on any lot or parcel of land. Any agricultural implement and/or similar type equipment or apparatus which is abandoned, non-functional or in a state of disrepair shall not be permitted outside of a completely enclosed building on any lot or parcel of land. (See § 3.24 of this ordinance for regulations pertaining to parking or storing of semi-tractors, tractors, panel trucks, buses, motor homes, campers vehicles with three or more axles, trailers, mobile homes, campers, inoperable vehicles and other similar types of equipment.)

   (A)   Permitted uses. Class A and Class B manufactured (mobile) homes.

   (B)   Accessory uses.

      (1)   Customary accessory buildings and uses;

      (2)   Structures and uses related to and for the exclusive use of residents of the mobile home park as follows, but excluding any commercial operations;

         (a)   Recreational facilities and areas;

         (b)   Rental or sales offices for lots in the mobile home park;

         (c)   Community center;

         (d)   Laundry facilities; and

         (e)   Type II day care centers in accessory structures.

      (3)   Fences and walls, as regulated by Article 8 of this ordinance; and

      (4)   Signs, as regulated by Article 9 of this ordinance.

   (C)   Area and height regulations for permitted uses. No building shall be erected or structurally altered hereafter, except in accordance with the following regulations:

      (1)   Minimum site for a mobile home park: ten acres. The width of said park shall have a minimum distance of 100 feet, as measured along a deeded right-of-way. The park shall be a platted subdivision with lots and streets in accordance with the provisions of this section and the city’s subdivision regulations, approved by the Planning Commission. The park may be phased to achieve completion of the ten-acre minimum area through review of the phasing process by the Planning Commission;

      (2)   Minimum lot area: 6,000 square feet; provided, however, that, the density of the total RMHP development area not exceed the densities indicated on the adopted Land Use Plan for the area in question. In case of this (RMHP) zone, only one principal building (mobile home) as defined here may be permitted on one lot;

      (3)   Minimum lot width at building setback line (excluding flag lots): 50 feet and shall abut a deeded right-of-way;

      (4)   Minimum front yard depth: 20 feet;

      (5)   Minimum side yard width on each side of the lot: 15 feet;

      (6)   Minimum rear yard depth: 20 feet; and

      (7)   Maximum building height: 25 feet.

   (D)   Other development controls.

      (1)   Minimum setback of all buildings and structures within mobile home parks at all park boundary lines shall be 25 feet.

      (2)   A patio slab of at least 180 square feet shall be provided on each mobile home lot and conveniently located at the entrance of each mobile home. The patio may extend five feet into the side yard.

      (3)   All streets within the mobile home park shall be within deeded and accepted public rights-of-way and constructed according to the appropriate subdivision regulations.

      (4)   Streets shall be provided and placed on the site where necessary to furnish principal traffic ways for convenient access to each mobile home and other important facilities in the area.

      (5)   Ingress and egress to the individual lots shall be only over an interior road developed as part of the mobile home park.

      (6)   There shall be required that not less than 10% of the gross area of the mobile home park be set aside, designed, constructed and equipped as recreational area. A minimum of one acre per recreation site shall be provided. A recreation plan (showing the location, acreage and equipment to be provided) must be submitted as part of the development plan and site plan review process. All recreation improvements and equipment must be installed or bonded prior to the rental of mobile home lots.

      (7)   Off-street parking and loading and/or unloading shall be provided in accordance with Articles 5 and 6 of this ordinance.

      (8)   No motor vehicle which is abandoned, non-functional, in a state of disrepair or lacking in a valid license shall be stored in excess of 72 hours unless it is in a completely enclosed building. Vehicles with three or more axles; any trailer with three or more axles; and similar type of equipment which is motorized, abandoned, non-functional or in a state of disrepair shall not be permitted outside of a completely enclosed building on any lot or parcel of land. Any agricultural implement and/or similar type equipment or apparatus which is abandoned, non-functional or in a state of disrepair shall not be permitted outside of a completely enclosed building on any lot or parcel of land. (See § 3.24 of this ordinance for regulations pertaining to parking or storing of semi tractors, tractors, panel trucks, buses, motor homes, campers vehicles with three or more axles, trailers, mobile homes, campers, inoperable vehicles and other similar types of equipment.)

      (9)   No heavy construction or industrial equipment or machinery, including, but not limited to, bobcats, backhoes, bulldozers, track hoes, front end loaders, earthmovers and the like, shall be stored in this zone, regardless of whether the equipment or machinery is operable or inoperable, regardless of whether it can be stored in an enclosed area, and regardless of whether it can be stored in an area in which its view is obstructed from neighbors or the public.

      (10)   Personal goods and articles, other than cars, fuel tanks, boats, lawn furniture and similar items, too large to reasonably enclose, shall be stored on the mobile home lot only in a completely enclosed structure.

      (11)   No lighting shall be permitted which would glare from this zone onto any street, road, highway, deeded right-of-way or into any residential zone.

      (12)   Where any yard of any use permitted in this zone abuts property in a single-family residential zone, a ten-foot wide screening area, as regulated by § 3.18 of this ordinance, shall be required.

      (13)   A site plan, as regulated by § 3.21 of this ordinance, shall be required for any use permitted in this zone.

      (14)   Mobile home installations shall comply with all requirements of § 3.25 of this ordinance.

   (A)   Permitted uses. Multi-family dwellings.

   (B)   Accessory uses.

      (1)   Customary accessory buildings and uses (includes facilities for Type II day care centers in accessory structures only);

      (2)   Fences and walls, as regulated by Article 8 of this ordinance; and

      (3)   Signs, as regulated by Article 9 of this ordinance.

   (C)   Conditional uses. No building or occupancy permit shall be issued for any of the following, nor shall any of the following uses or any customary accessory buildings or uses be permitted until and unless the location of such use shall have been applied for and approved by the Board of Adjustment, as set forth in § 3.15 of this ordinance:

      (1)   Cemeteries;

      (2)   Churches and other buildings for the purpose of religious worship; provided, they are located adjacent to an arterial street;

      (3)   Institutions for higher education; provided, they are located adjacent to an arterial street;

      (4)   Institutions for human medical care (including assisted living facilities) - hospitals, clinics, sanitariums, convalescent homes, nursing homes and homes for the aged; provided, they are located adjacent to an arterial street;

      (5)   Public and private schools; provided, they are located adjacent to an arterial street;

      (6)   Nursery schools;

      (7)   Publicly-owned and/or operated parks, playgrounds, golf courses, community recreational centers, including public swimming pools and libraries;

      (8)   Fire and police stations; provided, they are located adjacent to an arterial street;

      (9)   Recreational uses, other than those publicly owned and/or operated as follows:

         (a)   Golf courses;

         (b)   Country clubs; and

         (c)   Semi-public swimming pools.

      (10)   Funeral homes; provided, they are located adjacent to an arterial street.

   (D)   Area and height regulations for permitted uses. No building shall be erected or structurally altered hereafter, except in accordance with the following regulations:

      (1)   Minimum lot area: 20,000 square feet and a maximum density of eight dwelling units per net acre. In case of this zone (Residential Two), more than one principal building, as defined herein, may be permitted on one lot;

      (2)   Minimum lot width at minimum setback line (excluding flag lots): 100 feet;

      (3)   Minimum front yard depth: 40 feet;

      (4)   Minimum side yard width on each side of lot: 15 feet;

      (5)   Minimum rear yard depth: 30 feet; and

      (6)   Maximum building height: 40 feet.

   (E)   Area and height regulations for conditionally permitted uses. No conditional building and/or use shall be erected or structurally altered hereafter, except in accordance with the following regulations:

      (1)   Minimum lot area: 22,500 square feet;

      (2)   Minimum lot width at minimum setback line (excluding flag lots): 150 feet;

      (3)   Minimum front, side (on each side of lot) and rear yard depth: 50 feet; and

      (4)   Maximum building height: 40 feet.

   (F)   Other development controls.

      (1)   Off-street parking and loading and/or unloading shall be provided in accordance with Articles 5 and 6 of this ordinance.

      (2)   No outdoor storage of any objectionable material (useable or waste) shall be permitted in this zone, except within enclosed containers, and all dumpsters and the like shall be screened from adjacent property.

      (3)   No lighting shall be permitted which would glare from this zone onto any street, road, highway, deeded right-of-way or into any adjacent property.

      (4)   Where any yard of any use permitted in this zone abuts property in a single-family zone, a ten-foot wide screening area as regulated by § 3.18 of this ordinance shall be required.

      (5)   A site plan, as required by § 3.21 of this ordinance, shall be required of any use permitted in this zone.

      (6)   No motor vehicle which is abandoned, non-functional, in a state of disrepair, or lacking in a valid license, shall be stored in excess of 72 hours unless it is in a completely enclosed building. Vehicles with three or more axles; any trailer with three or more axles; any commercial, industrial and/or similar type trailer used for storage; and any similar type equipment which is motorized, abandoned, non-functional, or in a state of disrepair shall not be permitted outside of a completely enclosed building on any lot or parcel of land. Any agricultural implement and/or similar type equipment or apparatus which is abandoned, non-functional, or in a state of disrepair shall not be permitted outside of a completely enclosed building on any lot or parcel of land. (See § 3.24 of this ordinance for regulations pertaining to parking or storing of semi- tractors, tractors, panel trucks, buses, motor homes, campers vehicles with three or more axles, trailers, mobile homes, campers, inoperable vehicles and other similar types of equipment.)

      (7)   No heavy construction or industrial equipment or machinery, including, but not limited to, bobcats, backhoes, bulldozers, track hoes, front end loaders, earthmovers and the like, shall be stored in this zone, regardless of whether the equipment or machinery is operable or inoperable, regardless of whether it can be stored in an enclosed area, and regardless of whether it can be stored in an area in which its view is obstructed from neighbors or the public.

   (A)   Permitted uses. Multi-family dwellings.

   (B)   Accessory uses.

      (1)   Customary accessory buildings and uses (including Type II day care centers in accessory structures only);

      (2)   Fences and walls, as regulated by Article 8 of this ordinance; and

      (3)   Signs, as regulated by Article 9 of this ordinance.

   (C)   Conditional uses. No building or occupancy permit shall be issued for any of the following, nor shall any of the following uses or any customary accessory buildings or uses be permitted until and unless the location of such use shall have been applied for and approved by the Board of Adjustment, as set forth in § 3.15 of this ordinance:

      (1)   Cemeteries;

      (2)   Churches and other buildings for the purpose of religious worship; provided, they are located adjacent to an arterial street;

      (3)   Institutions for higher education; provided, they are located adjacent to an arterial street;

      (4)   Institutions for human medical care (including assisted living facilities), hospitals, clinics, sanitariums, convalescent homes, nursing homes and homes for the aged; provided, they are located adjacent to an arterial street;

      (5)   Public and private schools; provided, they are located adjacent to an arterial street;

      (6)   Nursery schools;

      (7)   Publicly-owned and/or operated parks, playgrounds, golf courses, community recreational centers, including public swimming pools and libraries;

      (8)   Fire and police stations; provided, they are located adjacent to an arterial street;

      (9)   Recreational uses, other than those publicly owned and/or operated as follows:

         (a)   Golf courses;

         (b)   Country clubs; and

         (c)   Semi-public swimming pools.

   (D)   Area and height regulations for permitted uses. No building shall be erected or structurally altered hereafter, except in accordance with the following regulations:

      (1)   Minimum lot area: 20,000 square feet and a maximum density of 14 dwelling units per net acre. In case of this zone, more than one principal building, as defined herein, may be permitted on one lot;

      (2)   Minimum lot width at minimum setback line (excluding flag lots): 100 feet;

      (3)   Minimum front yard depth: 40 feet;

      (4)   Minimum side yard width on each side of lot: 15 feet;

      (5)   Minimum rear yard depth: 30 feet; and

      (6)   Maximum building height: 40 feet.

   (E)   Area and height regulations for conditionally permitted uses. No conditional building and/or use shall be erected or structurally altered hereafter, except in accordance with the following regulations:

      (1)   Minimum lot area: 22,500 square feet;

      (2)   Minimum lot width at minimum setback line (excluding flag lots): 150 feet;

      (3)   Minimum front, side (on each side of lot) and rear yard depth: 50 feet; and

      (4)   Maximum building height: 40 feet.

   (F)   Other development controls.

      (1)   Off-street parking and loading and/or unloading shall be provided in accordance with Articles 5 and 6 of this ordinance.

      (2)   No outdoor storage of any objectionable material (useable or waste) shall be permitted in this zone, except within enclosed containers, and all dumpsters and the like shall be screened from adjacent property.

      (3)   No lighting shall be permitted which would glare from this zone onto any street, road, highway, deeded right-of-way or into any adjacent property.

      (4)   Where any yard of any use permitted in this zone abuts property in a single-family zone, a ten-foot wide screening area as regulated by § 3.18 of this ordinance shall be required.

      (5)   A site plan, as required by § 3.21 of this ordinance, shall be required of any use permitted in this zone.

      (6)   No motor vehicle which is abandoned, non-functional, in a state of disrepair or lacking in a valid license, shall be stored in excess of 72 hours unless it is in a completely enclosed building. Vehicles with three or more axles; any trailer with three or more axles; any commercial, industrial and/or similar type trailer used for storage; and any similar type equipment which is motorized, abandoned, non-functional or in a state of disrepair shall not be permitted outside of a completely enclosed building on any lot or parcel of land. Any agricultural implement and/or similar type equipment or apparatus which is abandoned, non-functional or in a state of disrepair shall not be permitted outside of a completely enclosed building on any lot or parcel of land. (See § 3.24 of this ordinance for regulations pertaining to parking or storing of semi-tractors, tractors, panel trucks, buses, motor homes, campers vehicles with three or more axles, trailers, mobile homes, campers, inoperable vehicles and other similar types of equipment.)

      (7)   No heavy construction or industrial equipment or machinery, including, but not limited to, bobcats, backhoes, bulldozers, track hoes, front end loaders, earthmovers and the like, shall be stored in this zone, regardless of whether the equipment or machinery is operable or inoperable, regardless of whether it can be stored in an enclosed area, and regardless of whether it can be stored in an area in which its view is obstructed from neighbors or the public.

   This single-family residential zoning classification allows for the development of residential building lots with an allowable minimum lot size of 70 feet width at the minimum building setback line, and a minimum size of 9,000 square feet, but is available only for property being annexed into the city limits pursuant to KRS 100.209. This zoning classification is similar to the Residential One-D Zone (R-1D) that is currently available in the unincorporated part of Campbell County, and in similar zones in other cities. The new zoning classification may only be applied to property annexed into the city pursuant to KRS 100.209, and only after it is deemed reasonable under all the circumstances, and only if Council determines that the zoning and other land use regulations contained herein are those that should be effective for the annexation property upon its annexation.

   (A)   Permitted uses. Single-family dwellings.

   (B)   Accessory uses.

      (1)   Customary accessory buildings and uses;

      (2)   Fences and walls, as regulated by Article 8 of this ordinance;

      (3)   Home occupations subject to the restrictions and limitations established in § 3.12 of this ordinance; and

      (4)   Signs, as regulated by Article 9 of this ordinance.

   (C)   Conditional uses. No building or occupancy permit shall be issued for any of the following, nor shall any of the following uses or any customary accessory buildings or uses be permitted until and unless the location of such use shall have been applied for and approved by the Board of Adjustment, as set forth in § 3.15 of this ordinance:

      (1)   Cemeteries;

      (2)   Churches and other buildings for the purpose of religious worship; provided, they are located adjacent to an arterial street;

      (3)   Institutions for higher education; provided, they are located adjacent to an arterial street;

      (4)   Institutions for human medical care - hospitals, clinics, sanitariums, convalescent homes, nursing homes and homes for the aged; provided, they are located adjacent to an arterial street;

      (5)   Public and private schools; provided, they are located adjacent to an arterial street;

      (6)   Nursery schools and family day care homes;

      (7)   Publicly owned and/or operated parks, playgrounds, golf courses, community recreational centers, including public swimming pools and libraries;

      (8)   Fire and police stations; provided, they are located adjacent to an arterial street;

      (9)   Recreational uses, other than those publicly owned and/or operated as follows:

         (a)   Golf courses;

         (b)   Country clubs; and

         (c)   Semi-public swimming pools.

      (10)   Funeral homes; and

      (11)   Cellular telecommunications facilities as regulated by Article 12 of this ordinance.

   (D)   Area and height regulations for permitted uses. No building shall be erected or structurally altered hereafter, except in accordance with the following regulations:

      (1)   Minimum lot area: 9,000 square feet;

      (2)   Minimum lot width at minimum setback line (excluding flag lots): 70 feet;

      (3)   Minimum front yard depth: 30 feet;

      (4)   Minimum side yard width on each side of lot: ten feet;

      (5)   Minimum rear yard depth: 25 feet; and

      (6)   Maximum building height: 35 feet or two and one-half stories.

   (E)   Area and height regulations for conditionally permitted uses. No conditional building and/or use shall be erected or structurally altered hereafter, except in accordance with the following regulations:

      (1)   Minimum lot area: 22,500 square feet;

      (2)   Minimum lot width at minimum setback line (excluding flag lots): 150 feet;

      (3)   Minimum front, side (on each side of lot) and rear yard depth: 50 feet; and

      (4)   Maximum building height: 35 feet.

   (F)   Other development controls.

      (1)   Off-street parking and loading and/or unloading shall be provided in accordance with Articles 5 and 6 of this ordinance.

      (2)   No outdoor storage of any objectionable material (useable or waste) shall be permitted in this zone, except within enclosed containers.

      (3)   No lighting shall be permitted which would glare from this zone on any street, road, highway, deeded right-of-way or into any adjacent property.

      (4)   Where any yard of any conditional use permitted in this zone abuts property in a single-family zone, a ten-foot wide screening area as regulated by § 3.18 of this ordinance shall be required.

      (5)   No motor vehicle which is abandoned, non-functional, in a state of disrepair or lacking a valid license, shall be stored in excess of 72 hours unless it is in a completely enclosed building. Vehicles with three or more axles; any trailer with three or more axles; any commercial, industrial and/ or similar type trailer used for storage; and heavy, industrial and/or similar type equipment which is motorized, abandoned, non-functional or in a state of disrepair shall not be permitted outside of a completely enclosed building on any lot or parcel of land. Any agricultural implement and/or similar type of equipment or apparatus which is abandoned, non-functional or in a state of disrepair shall not be permitted outside of a completely enclosed building on any lot of parcel of land. (See § 3.24 of this ordinance for regulations pertaining to parking or storing semi-tractors, tractors, panel trucks, buses, motor homes, campers vehicles with three or more axles, trailers mobile homes, campers, inoperable vehicles and other similar types of equipment.)

   (A)   Purpose. The purpose of the Neighborhood Shopping Center (NSC) Zone is to regulate the location of, and encourage the development of well-planned shopping centers by:

      (1)   Minimizing any adverse effects of a shopping center on adjacent property values while providing for a safe and efficient use of the center itself;

      (2)   Providing a functional efficient and aesthetically pleasing area in which to shop for the complete range of retail sales and for personal, professional and business related services required to meet the demands of the community and larger region; and

      (3)   Assuring that the area is designed and located so as to minimize traffic congestion on public highways and streets and to best fit the general land use patterns of the area to be served.

   (B)   Permitted uses. The following retail sales or service businesses supply commodities and performing services for the residents of the surrounding neighborhood:

      (1)   Art gallery - studio and supply;

      (2)   Automobile, motorcycles and truck sales, new and used;

      (3)   Automobile and truck rental;

      (4)   Automotive and truck service and repair;

      (5)   Bakery and bakery goods stores;

      (6)   Banks and other financial institutions, including savings and loans, finance companies and drive-through windows;

      (7)   Barber and beauty shop;

      (8)   Boat and marine sales and service;

      (9)   Building supplies (including plumbing and electric);

      (10)   Bus terminals;

      (11)   Business and professional colleges;

      (12)   Candy and ice cream store;

      (13)   Car washes (self-serve and drive-through);

      (14)   Carpet and rug stores;

      (15)   Cellular telecommunications facilities, as regulated by Article 12 of this ordinance;

      (16)   Clothing repair and alteration;

      (17)   Churches and other places of religious assembly;

      (18)   Computer, radio, television and appliance sales and service;

      (19)   Convenience store;

      (20)   Copy/printing shop;

      (21)   Day care centers (Type I and Type II);

      (22)   Department store/super store;

      (23)   Dry cleaning and laundromat;

      (24)   Food and grocery store;

      (25)   Funeral home and mortuary;

      (26)   Furniture and upholstery repair;

      (27)   Games center, indoor or outdoor, including, but not limited to: bowling alleys, billiard halls and electronic gaming, miniature golf, driving ranges and the like;

      (28)   Garden and landscaping supplies;

      (29)   Gas/service stations;

      (30)   Governmental offices;

      (31)   Hardware stores;

      (32)   Health care - medical, dental, and emergency care;

      (33)   Health and physical fitness studios, including karate, dance, gymnastics;

      (34)   Interior decorating supply and services;

      (35)   Laboratories - medical and dental;

      (36)   Libraries;

      (37)   Locksmith;

      (38)   Motels and hotels;

      (39)   Newspaper publishing - office and printing;

      (40)   Off-street parking garage or lot;

      (41)   Office equipment and supplies;

      (42)   Package delivery service outlet;

      (43)   Package liquor and wine stores (but not within 500 feet of schools and churches);

      (44)   Paint and wallpaper stores;

      (45)   Pet shop/grooming (excluding boarding);

      (46)   Pharmacies;

      (47)   Photography studio;

      (48)   Police and fire stations;

      (49)   Post office;

      (50)   Professional offices;

      (51)   Restaurant (drive-in, fast food and full-service);

      (52)   Shoe store and repair;

      (53)   Specialty retail (commercial activity selling specialized merchandise, and which employs fewer than ten full-time equivalents, or utilizes no more than 10,000 square feet (e.g., book, card, stationery, gift and/or stationery and/or novelty stores, pet stores, clothing stores, consumer electronic store, hobby stores and/or antique stores, but not an adult entertainment establishment or book store, tattoo parlors, pawn shops or drug paraphernalia shops);

      (54)   Supermarkets;

      (55)   Taverns and bars (but not within 500 feet of a school or church);

      (56)   Taxi terminal;

      (57)   Theater;

      (58)   Veterinarian clinic; and

      (59)   Video rental store.

   (C)   Accessory uses.

      (1)   Customary accessory buildings and uses;

      (2)   Fences and walls, as regulated by Article 8 of this ordinance;

      (3)   Signs, as regulated by Article 9 of this ordinance;

      (4)   Swimming pools, indoor and outdoor in connection with a hotel or motel;

      (5)   Uses listed as below including within and entered from within, any motel or hotel building as a convenience to the occupants thereof, and their customers; providing that, the accessory uses shall not exceed 10% of the gross floor area of the permitted uses in the building and no exterior advertising displays for any accessory uses shall be visible from outside the building:

         (a)   Barber shop;

         (b)   Beauty shop; and

         (c)   News and confectionery stand.

      (6)   Type I or II day care centers for the use of employees of the business operating and who work at the business located within the NSC District. The operator of the day care center shall maintain a log book referencing the employee and employer and child’s name.

   (D)   Conditional uses. No building or occupancy permit shall be issued for any of the following, nor shall any of the following uses be permitted until and unless the location of said use shall have been applied for and approved by the Board of Adjustment as set forth in § 3.15 of this ordinance: agricultural equipment, supplies, sales and services.

   (E)   Area and height regulations. No building shall be erected or structurally altered hereafter, except in accordance with the following regulations:

      (1)   Minimum building site area: five acres and shall abut a deeded right-of- way. In case of this zone (NSC), more than one principal building, as defined herein, may be permitted to be constructed within the minimum building site area;

      (2)   Minimum lot area: 10,000 square feet;

      (3)   Minimum yard requirements at perimeter of center: 50 feet for each front, side (on each side of the building) and rear yards, except where the lot abuts a major arterial, as identified in the adopted city comprehensive plan, then there shall be a minimum yard requirement of 100 feet;

      (4)   Gasoline/service station pumps and canopies shall be set back 25 feet from each front, side and rear property line;

      (5)   Maximum building height: 40 feet or three stories; and

      (6)   Internal lot lines: the side yard shall be a minimum of 30 feet or zero if firewall construction is involved.

   (F)   Other development controls.

      (1)   Off-street parking and loading and/or unloading shall be provided in accordance with Articles 5 and 6 of this ordinance.

      (2)   No outdoor storage of any objectionable material (useable or waste) shall be permitted in this zone, except within enclosed containers, and all dumpsters and the like shall be screened from adjacent property.

      (3)   No lighting shall be permitted which would glare from this zone onto any street, road, highway, deeded right-of-way or into any adjacent property.

      (4)   Where any yard of any use permitted in this zone abuts property in a single-family zone, a ten-foot wide screening area as regulated by § 3.18 of this ordinance shall be required.

      (5)   No motor vehicle which is abandoned, non-functional, in a state of disrepair, or lacking in a valid license, shall be stored in excess of 72 hours unless it is in a completely enclosed building. Vehicles with three or more axles, commercial or industrial trailers used for storage, heavy equipment and/or industrial equipment which is motorized, abandoned, non-functional, or in a state of disrepair shall not be permitted outside of a completely enclosed building on any lot or parcel of land. Any agricultural implement which is abandoned, non-functional, or in a state of disrepair shall not be permitted outside of a completely enclosed building on any lot or parcel of land. (See § 3.24 of this ordinance for regulations pertaining to parking or storing of semi-tractors, tractors, panel trucks, buses, motor homes, campers vehicles with three or more axles, trailers, mobile homes, campers, inoperable vehicles and other similar types of equipment.)

      (6)   A site plan, as required by § 3.21 of this ordinance, shall be required of any use permitted in this zone.

      (7)   No use producing objectionable odors, noise or dust shall be permitted within 500 feet from the boundary of any residential zone.

      (8)   All business activities permitted within this zone shall be conducted within a completely enclosed building with the exception of the following:

         (a)   Off-street parking and loading and/or unloading areas;

         (b)   Gasoline pumps;

         (c)   New and used car sales;

         (d)   Car washes;

         (e)   Sidewalk sales and displays as regulated by § 3.29 of this ordinance;

         (f)   Vending machines, which shall be prohibited from blocking access to doorways, ramps and driveways; and minimum ADA and Fire Department requirements for access, ingress, egress and walkways shall be maintained at all times; and

         (g)   Outdoor merchandising and display and regulated by § 3.30 of this ordinance; provided, however, that, the outdoor merchandising and display area for any business (the area occupied by the merchandise, displays or other materials or equipment used in conjunction with the outdoor merchandising and display) may occupy no more square feet of space than an area equal to 5% of the square feet of space of the interior, under-roof, enclosed section of the business premises, which square footage shall be determined by the Zoning Administrator by reference to the building permit for the business premises; but the 5% outdoor merchandising and display area limitation does not apply to an agricultural equipment, supplies and services business approved as a conditional use under foregoing division (D)(1) above. Further, the outdoor merchandising display area for any business (the area occupied by the merchandise, displays or other materials or equipment used in conjunction with the outdoor merchandising and display) shall be located on a paved surface, and shall not be located in any yard or landscape area.

      (9)   Where permitted, an adult bookstore, adult entertainment establishment and/or adult theater are subject to the following locational requirements.

         (a)   No adult bookstore, adult entertainment establishment or adult theater, as defined herein, shall be located within 300 feet of any other such use, or located 300 feet of the boundaries of any residential zone, or 300 feet from existing residential areas defined for the purpose of this section as a block frontage developed with 50% or more residential uses; of located within 1,000 feet of any permanent structure used as a church or a place or religious worship, or located within 2,000 feet of any public or private school.

         (b)   All existing operational adult businesses which do not presently meet any or all of the locational requirements shall be deemed a non-conforming use.

         (c)   Such restriction as to linear distance requirements as between or among adult bookstores, adult entertainment establishments or as adult theaters shall apply to compartmentalized buildings or structures, the same as if such compartmentalized buildings or structures were one building structure. Such restriction, as related to distance requirements, shall be enforced in any and all directions, including but not limited to, horizontal distance measurements are required, such restrictions shall likewise apply.

         (d)   The measurement of distance as provided for herein shall be measured in a straight line from and to the nearest point on the respective properties as referred to herein.

         (e)   No portion of any wall of any building which separates as adult bookstore, adult entertainment establishment or adult theater from any other business activity shall be remodeled or altered in any manner to permit access to or viewing of adult bookstores, adult entertainment establishments or adult theaters in an adjoining or adjacent building.

      (10)   Existing, under construction and already approved car washes as of 3-12-2020 should not be considered as non-conforming uses, but should be allowed to exist and continue as permitted uses; and, therefore, be allowed to be improved and expanded, but expansion and/or improvement of then existing car washes shall be limited only to the then current lot or parcel.

   (A)   Purpose. The purpose of the (HC) Highway Commercial Zone is to provide areas for aesthetically pleasing commercial development not located within Old Town or in neighborhood shopping centers. Highway commercial development should be located along major highways and should be clustered with common highway access points wherever possible. Strip commercial development with numerous access points should be discouraged. Appropriate landscaping, minimal signage and utilization of access management techniques should be integrated into the overall design of HC areas.

   (B)   Permitted uses. The following retail sales and service businesses:

      (1)   Art gallery - studio and supply;

      (2)   Automobile, motorcycle and truck sales, new or used;

      (3)   Automobile and truck rental;

      (4)   Automotive and truck service and repair;

      (5)   Bakery and bakery goods stores;

      (6)   Banks and other financial institutions including savings, loan and finance companies, with drive-in windows;

      (7)   Barber and beauty shops;

      (8)   Boat and other marine equipment sales and service, new and used;

      (9)   Building supplies;

      (10)   Business and professional colleges;

      (11)   Candy and ice cream stores;

      (12)   Carpet and rug store;

      (13)   Churches and other places of religious assembly;

      (14)   Clothing repair and alteration;

      (15)   Computer, radio, television and appliance sales and service;

      (16)   Convenience store;

      (17)   Copy/print shops;

      (18)   Day care centers (Type I and Type II);

      (19)   Dry cleaners and laundromats;

      (20)   Food and grocery stores;

      (21)   Funeral homes and mortuaries;

      (22)   Furniture and upholstery repair;

      (23)   Games center, indoor and outdoor, including, but not limited to, bowling alleys, billiard halls and electronic gaming, miniature golf, driving ranges and the like;

      (24)   Garden and landscaping supplies;

      (25)   Gas/service stations;

      (26)   Governmental offices;

      (27)   Hardware stores;

      (28)   Health care - medical, dental and emergency care;

      (29)   Health and physical fitness studios, including karate, dance, gymnastics;

      (30)   Interior decorating supply and services;

      (31)   Laboratories - medical and dental;

      (32)   Libraries;

      (33)   Locksmith;

      (34)   Manufactured (mobile) home, trailer sales, rental and services - new and used with restrictions herein defined;

      (35)   Motels and hotels;

      (36)   Newspaper publishing - office and printing;

      (37)   Off-street parking garage or lots;

      (38)   Office equipment and supplies;

      (39)   Package delivery service outlet;

      (40)   Package liquor and wine stores (but not within 500 feet of schools and churches);

      (41)   Paint and wallpaper stores;

      (42)   Pet shop/grooming (excluding boarding);

      (43)   Pharmacies;

      (44)   Photography studio;

      (45)   Police and fire stations;

      (46)   Post office;

      (47)   Professional offices;

      (48)   Restaurants;

      (49)   Schools;

      (50)   Shoe store and repair;

      (51)   Specialty retail (commercial activity selling specialized merchandise, and which employs fewer than ten full-time equivalents, or utilizes no more than 10,000 square feet (e.g., book, card, stationery, gift and/or stationery and/or novelty stores, pet stores, clothing stores, consumer electronic store, hobby stores and/or antique stores, but not an adult entertainment establishment or book store, tattoo parlors, pawn shops or drug paraphernalia shops);

      (52)   Taxi terminal;

      (53)   Tavern (but not within 500 feet of school or churches);

      (54)   Tool and equipment rental;

      (55)   Veterinarian clinic;

      (56)   Video rental store; and

      (57)   Microbrewery.

   (C)   Accessory uses.

      (1)   Customary accessory building uses;

      (2)   Fences and walls as regulated by Article 8 of this ordinance;

      (3)   Signs as regulated by Article 9 of this ordinance;

      (4)   Swimming pools, indoor and outdoor in connection with motel or hotel;

      (5)   Uses as listed below including within and entered from within, any motel or hotel building as a convenience to the occupants thereof, and their customers; providing that, the accessory uses shall not exceed 10% of the gross floor area of the permitted uses in the building and no exterior advertising displays for any accessory uses shall be visible from outside the building:

         (a)   Barber shop;

         (b)   Beauty shop; and

         (c)   News and confectionery stand.

      (6)   Type I and Type II day care centers for the use of employees of the business operating and work at the business located within this (HC) zone. The operator of the day care center shall maintain a log book referencing the employee and employer and child’s name.

   (D)   Conditional uses. No building or occupancy permit shall be issued for any of the following, nor shall any of the following uses be permitted until and unless the location of said use shall have been applied for and approved by the Board of Adjustment as set forth in § 3.15 of this ordinance:

      (1)   Dwelling units are not to exceed 50% of the total building area;

      (2)   Tools and equipment rental and sales;

      (3)   Lumber and building materials;

      (4)   Agricultural equipment, supplies, sales and services; and

      (5)   Medicinal marijuana dispensary with the following conditions:

         (a)   Shall not be located within 1,000 feet of an existing dispensary;

         (b)   Shall not be located within 500 feet from a public park or playground;

         (c)   Shall not be located within 500 feet from a religious assembly facility; and

         (d)   Shall not be located within 500 feet from a sexually oriented business.

   (E)   Area and height regulations. No building shall be erected or structurally altered hereafter, except in accordance with the following regulations:

      (1)   Minimum lot area: 10,000 square feet;

      (2)   Minimum lot width at building setback line (excluding flag lots): 70 feet;

      (3)   Minimum front yard depth: 50 feet;

      (4)   Minimum side yard width on each side of lot: no restrictions except when adjacent to street, road, highway or other right-of-way when required width shall be the same as required for a minimum front yard depth in this zone. When buildings abut each other, firewall construction, as required by the city’s Building Code, shall be required. In the event a side yard is provided, it shall never be less than 15 feet;

      (5)   Minimum rear yard depth: 15 feet;

      (6)   Maximum building height: 40 feet;

      (7)   In case of this (HC) zone, more than one principal building, as herein defined, may be constructed on one lot; and

      (8)   Gasoline/service station pumps and canopies shall be set back 25 feet from the property line in the front yard and 15 feet in each side and rear yard.

   (F)   Other development controls.

      (1)   Off-street parking and loading and/or unloading shall be provided in accordance with Articles 5 and 6 of this ordinance.

      (2)   No outdoor storage of any objectionable material (useable or waste) shall be permitted in this zone, except within enclosed containers, and all dumpsters and the like shall be screened from adjacent property.

      (3)   No lighting shall be permitted which would glare from this zone onto any street, road, highway, deeded right-of-way or into any adjacent property.

      (4)   No motor vehicle which is abandoned, non-functional, in a state of disrepair, or lacking in a valid license, shall be stored in excess of 72 hours unless it is in a completely enclosed building. Any trailer with three or more axles; any commercial, industrial and/or similar type trailer used for storage; and heavy, industrial and/or similar type equipment which is abandoned, non-functional, or in a state of disrepair shall not be permitted outside of a completely enclosed building on any lot or parcel of land. Any agricultural implement and/or similar type equipment or apparatus which is abandoned, non-functional, or in a state of disrepair shall not be permitted outside of a completely enclosed building on any lot or parcel of land. (See § 3.24 of this ordinance for regulations pertaining to parking or storing of semi-tractors, tractors, panel trucks, buses, motor homes, campers vehicles with three or more axles, trailers, mobile homes, campers, inoperable vehicles and similar types of equipment.)

      (5)   Where any yard of any use permitted in this zone abuts property in a residential zone, a minimum of at least a ten-foot wide screening area as regulated by § 3.18 of this ordinance shall be required.

      (6)   A development and/or site plan, as required by §§ 3.20 and 3.21 of this ordinance, shall be required of any use permitted in this (HC) zone.

      (7)   No use producing objectionable odors, noise or dust shall be permitted within 500 feet from the boundary of any residential zone.

      (8)   Off-street parking and loading and/or unloading areas, located in front and side yard areas in this (HC) zone; provided that, no off-street parking areas shall be closer than 15 feet to the street, road, highway or right-of-way line or the boundary line of any adjacent district. This 15-foot area shall remain open and unobstructed, except by items specifically permitted in yard areas in this ordinance.

      (9)   Where permitted, an adult bookstore, adult entertainment establishment and/or adult theater are subject to the following locational requirements.

         (a)   No adult bookstore, adult entertainment establishment or adult theater, as defined herein, shall be located within 300 feet of any other such use, or located 300 feet of the boundaries of any residential zone, or 300 feet from existing residential areas defined for the purpose of this section as a block frontage developed with 50% or more residential uses; of located within 1,000 feet of any permanent structure used as a church or a place or religious worship, or located within 2,000 feet of any public or private school.

         (b)   All existing operational adult businesses which do not presently meet any or all of the locational requirements shall be deemed a non-conforming use.

         (c)   Such restriction as to linear distance requirements as between or among adult bookstores, adult entertainment establishments or as adult theaters shall apply to compartmentalized buildings or structures, the same as if such compartmentalized buildings or structures were one building structure. Such restriction, as related to distance requirements, shall be enforced in any and all directions, including, but not limited to, horizontal distance measurements are required, such restrictions shall likewise apply.

         (d)   The measurement of distance as provided for herein shall be measured in a straight line from and to the nearest point on the respective properties as referred to herein.

         (e)   No portion of any wall of any building which separates as adult bookstore, adult entertainment establishment or adult theater from any other business activity shall be remodeled or altered in any manner to permit access to or viewing of adult bookstores, adult entertainment establishments or adult theaters in an adjoining or adjacent building.

      (10)   All business activities permitted within this zone shall be conducted within a completely enclosed building with the exception of the following:

         (a)   Off-Street parking and loading and/or unloading areas;

         (b)   Gasoline pumps;

         (c)   New and used car sales;

         (d)   Car washes;

         (e)   Sidewalk sales and displays as regulated by § 3.29 of this ordinance;

         (f)   Vending machines, which shall be prohibited from blocking access to doorways, ramps and driveways; and minimum ADA and Fire Department requirements for access, ingress, egress and walkways shall be maintained at all times; and

         (g)   Outdoor merchandising and display and regulated by § 3.30 of this ordinance; provided, however, that, the outdoor merchandising and display area for any business (the area occupied by the merchandise, displays or other materials or equipment used in conjunction with the outdoor merchandising and display) may occupy no more square feet of space than an area equal to 10% of the square feet of space of the interior, under-roof, enclosed section of the business premises, which square footage shall be determined by the Zoning Administrator by reference to the building permit for the business premises; but the 10% outdoor merchandising and display area limitation does not apply to an agricultural equipment, supplies and services business approved as a conditional use under foregoing § 4.17(D)(4) of this ordinance.

      (11)   Existing, under construction and already approved car washes as of 3-12-2020 should not be considered as non-conforming uses, but should be allowed to exist and continue as permitted uses; and, therefore, be allowed to be improved and expanded, but expansion and/or improvement of then existing car washes shall be limited only to the then current lot or parcel.

   (A)   Purpose. The purpose of this district is to permit the development of light industrial uses clustered within a park setting characterized by landscaped entrances, boulevard streets, greenspaces, a consistent architectural and signage theme, with integrated pedestrian and recreational facilities. Industrial parks shall be located on suitable lands adjacent to expressways or arterial routes and blend in visually with the overall character of the area. In no case shall any use permitted in this district create undesirable noises, odors, dust, smoke, hazardous materials or waste (as specified in Article 11) which are detrimental to the community or adjacent properties.

   (B)   Permitted uses. The following uses are permitted providing all permitted uses are in compliance with the performance standards set forth in Article 11 of this ordinance.

      (1)   Except for those that decompose by detonation, the manufacturing, compounding, processing, packing or assembling of the following uses:

         (a)   Candy and confectionery products, food and beverage products except the rendering or refining of fats and oils and excluding poultry and animal slaughtering and dressing;

         (b)   Cigars and cigarettes;

         (c)   Cosmetics, pharmaceutical and toiletries;

         (d)   Animated and/or illumination billboards and other commercial advertising structures;

         (e)   Electric appliances, television sets, phonographs, household appliances;

         (f)   Electrical machinery, equipment and supplies;

         (g)   Fountain and beverage dispensing equipment;

         (h)   Furniture;

         (i)   Instruments of professional, scientific photographic and optical;

         (j)   Metal products and metal finishing, excluding the use of blast furnaces or drop forgers;

         (k)   Musical instruments, toys, novelties, jewelry, rubber or metal stamps;

         (l)   Office equipment;

         (m)   Pottery and figurines, using only previously pulverized kilns fired only with gas or electricity;

         (n)   Products from the following previously prepared materials: paper, glass, cellophane, leather, feathers, fur, precious or semiprecious metals, hair, horn, shell, tin, steel, wood, plastics, rubber, bone, cork, felt, fibers, yarn, wool, tobacco; and

         (o)   Textile products including asbestos products, canvas and burlap, clothing, cotton products, hosiery and knitting mills rope and twine.

      (2)   Bottling and canning works;

      (3)   Crating services;

      (4)   Industrial engineering consultant offices;

      (5)   Laboratories, offices, and other facilities of research both basic and applied, conducted by or for any industrial organization or concern whether public or private;

      (6)   Machine shops;

      (7)   Printing, engraving and related reproduction processes;

      (8)   Publishing and distribution of books, newspapers and other printed material;

      (9)   Schools for industrial or business training;

      (10)   Warehousing or wholesaling;

      (11)   Veterinarian office;

      (12)   Pet boarding;

      (13)   Professional office - all types;

      (14)   Self-storage facilities (mini-warehouses); and

      (15)   Auto body shops.

   (C)   Accessory uses.

      (1)   Customary accessory buildings and uses including operations required to maintain or support any use permitted in this zone on the same lot as the permitted use, such as maintenance shops, power plants and machine shops;

      (2)   Uses, as listed below, including within and entered from within any use permitted in this zone as a convenience to the occupants thereof, and their customers providing such accessory uses shall not exceed 10% of the gross floor area of the permitted uses in the building and no exterior advertising displays shall be visible from the outside of the building:

         (a)   Cafeterias;

         (b)   Coffee shops or refreshment stands;

         (c)   Soda or dairy bars; and

         (d)   Convenience store.

      (3)   Fences and walls, as regulated by Article 8 of this ordinance;

      (4)   Signs - only business and identification signs pertaining to the identification, use or occupation of the building, structure or premises, as regulated by Article 9 of this ordinance, will be allowed in this zone. Advertising signs, as defined herein, are not permitted in this zone; and

      (5)   Type I and Type II day care centers for the use of employees of the business operating and work at the business located within this zone. The operator of the day care center shall maintain a log referencing the employee and employer and child’s name.

   (D)   Conditional uses. Medical cannabis cultivators, processors, producers and safety compliance facilities.

   (E)   Area and height regulations. No building shall be erected or structurally altered hereafter, except in accordance with the following regulations:

      (1)   Minimum lot area: one acre (43,560 square feet);

      (2)   Minimum site for an industrial park zone: ten acres;

      (3)   Minimum lot width at minimum building setback line (excluding flag lots): 150 feet;

      (4)   Minimum front yard depth:

         (a)   When abutting a major arterial (as defined in the city’s adopted comprehensive plan): 75 feet; and

         (b)   On internal roads: 50 feet.

      (5)   Minimum side yard width:

         (a)   In internal parts of the park: 25 feet; and

         (b)   Where the side yard is adjacent to a major arterial (as defined in the city’s adopted comprehensive plan): 75 feet.

      (6)   Minimum rear yard depth, in internal parts of the park: 50 feet; no rear yard shall be required where a rail spur line forms the rear property line; and

      (7)   Maximum building height: 40 feet or three stories.

   (F)   Other development controls.

      (1)   Off-street parking and loading or unloading shall be provided in accordance with Articles 5 and 6 of this ordinance.

      (2)   No outdoor storage of any material (useable or waste) shall be permitted in this zone, except within enclosed containers.

      (3)   No lighting shall be permitted which would glare from this zone onto any street, road, highway, deeded right-of-way or into any adjacent property.

      (4)   Where any yard of any use permitted in this zone abuts property in a residential zone, a minimum of at least a ten-foot wide screening area as regulated by § 3.18 of this ordinance shall be required.

      (5)   A development plan and/or site plan as regulated by §§ 3.20 and 3.21 of this ordinance shall be required for any use in this zone.

      (6)   No use producing odors, noise or dust as regulated by Article 11 shall be permitted.

   (A)   Purpose. The purpose of the Professional Office Building Zone is to consolidate those types of professional, research, business, service, similar uses which are based in office structures. This district must be located on suitable land with convenient access from expressways, arterials or collectors. Plans for development in this district must encourage clustering of office structures and provide direct, central, convenient and safe collection of vehicles and pedestrian circulation.

   (B)   Permitted uses.

      (1)   Banks and other financial institutions, including loan, savings and finance companies;

      (2)   Clinics - medical, dental, optical, chiropractic, physical therapy and massage therapy;

      (3)   Contractor’s offices (plumbing, electric and general - no material sales or storage);

      (4)   Offices;

      (5)   Off-street parking lots and/or garages;

      (6)   Police and fire stations or other governmental offices;

      (7)   Post offices;

      (8)   Libraries;

      (9)   Laboratories and other facilities for research; and

      (10)   Schools for industrial or business training.

   (C)   Accessory uses, with restrictions.

      (1)   Customary accessory buildings and uses;

      (2)   Fences and walls, as regulated by Article 8 or this ordinance;

      (3)   Signs, as regulated by Article 9 of this ordinance;

      (4)   Uses as listed below, included within and entered from within any office building as a convenience to the occupants thereof, their patients, clients or customers; providing that, the accessory uses shall not exceed 10% of the gross floor area of the permitted uses in the building and no exterior advertising displays for any of the accessory uses shall be visible from outside the building:

         (a)   Barber shops;

         (b)   Beauty shops;

         (c)   Coffee shops or refreshment stands;

         (d)   Drug stores;

         (e)   Medical or dental laboratories;

         (f)   News and confectionery stands; and

         (g)   Restaurants (excluding drive-in).

      (5)   Type I/II day care centers for the use of employees of the business operating in this zone. The employee and child’s or adult’s name shall be maintained in a log.

   (D)   Conditional uses. No building or occupancy permit shall be issued for any of the following nor shall any of the following uses or any customary accessory buildings and uses be permitted until and unless the location of said use shall have been applied for and approved of by the Board of Adjustment as set forth in § 3.15: freestanding churches, synagogues, temples and other places of religious assembly, and other buildings for the purpose of religious worship; provided, they are adjacent to an arterial street.

   (E)   Area and height regulations. No building shall be erected or structurally altered hereafter except in accordance with the following regulations:

      (1)   Minimum lot area: 22,500 square feet;

      (2)   Minimum lot width at building setback line (excluding flag lots): 100 feet;

      (3)   Minimum front yard depth: 30 feet;

      (4)   Minimum side yard width:

         (a)   Total both sides: 20 feet; and

         (b)   Minimum one side: seven feet.

      (5)   Minimum rear yard depth: 25 feet; and

      (6)   Maximum building height: 40 feet or three stories.

   (F)   Other development controls.

      (1)   Off-street parking and loading and/or unloading shall be provided in accordance with Articles 5 and 6 of this ordinance.

      (2)   No outdoor storage of any material (useable or waste) shall be permitted in this zone, except within enclosed containers.

      (3)   No lighting shall be permitted which would glare from this zone onto any dedicated street or into any adjacent property.

      (4)   Where any yard or any use permitted in this zone abuts a residential zone, a minimum yard requirement of 30 feet for each side and/or rear yard which abuts said zone shall be provided, ten feet of which shall be maintained by a screening area, as regulated by § 3.18 of this ordinance.

      (5)   A development plan and/or site plan, as regulated by §§ 3.20 and 3.21 of this ordinance shall be required for any use in this zone.

      (6)   No use producing objectionable odors, noise or dust shall be permitted within 500 feet from the boundary of any residential zone.

      (7)   All business activities permitted within this zone shall be conducted within a completely enclosed building with the exception of off-street parking and loading and/or unloading areas.

      (8)   Any day care center or nursery school which may be permitted in this zone as an accessory use, or otherwise, shall otherwise be in conformity with this ordinance.

      (9)   In no event shall a school use be permitted for grades kindergarten through twelfth grade.

      (10)   A day care center may be permitted as an accessory use to the conditionally permitted use set forth in division (C) above.

      (11)   Where permitted, an adult bookstore, adult entertainment establishment and/or adult theater are subject to the following locational requirements.

         (a)   No adult bookstore, adult entertainment establishment or adult theater, as defined herein, shall be located within 300 feet of any other such use, or located 300 feet of the boundaries of any residential zone, or 300 feet from existing residential areas defined for the purpose of this section as a block frontage developed with 50% or more residential uses; of located within 1,000 feet of any permanent structure used as a church or a place or religious worship, or located within 2,000 feet of any public or private school.

         (b)   All existing operational adult businesses which do not presently meet any or all of the locational requirements shall be deemed a non-conforming use.

         (c)   Such restriction as to linear distance requirements as between or among adult bookstores, adult entertainment establishments or as adult theaters shall apply to compartmentalized buildings or structures, the same as if such compartmentalized buildings or structures were one building structure. Such restriction, as related to distance requirements, shall be enforced in any and all directions, including, but not limited to, horizontal distance measurements are required, such restrictions shall likewise apply.

         (d)   The measurement of distance as provided for herein shall be measured in a straight line from and to the nearest point on the respective properties as referred to herein.

         (e)   No portion of any wall of any building which separates as adult bookstore, adult entertainment establishment or adult theater from any other business activity shall be remodeled or altered in any manner to permit access to or viewing of adult bookstores, adult entertainment establishments or adult theaters in an adjoining or adjacent building.

      (12)   No motor vehicle which is abandoned, non-functional, in a state of disrepair, or lacking in a valid license, shall be stored in excess of 72 hours unless it is in a completely enclosed building. Vehicles with three or more axles; any trailer with three or more axles; any commercial, industrial and/or similar type trailer used for storage; and heavy, industrial and/or similar type equipment which is motorized, abandoned, non-functional, or in a state of disrepair shall not be permitted outside of a completely enclosed building on any lot or parcel of land. Any agricultural implement and/or similar type equipment or apparatus which is abandoned, non-functional or in a state of disrepair shall not be permitted outside of a completely enclosed building on any lot or parcel of land. (See § 3.24 of this ordinance for regulations pertaining to parking or storing of semi-tractors, tractors, panel trucks, buses, motor homes, campers vehicles with three or more axles, trailers, mobile homes, campers, inoperable vehicles and other similar types of equipment.)

      (13)   Any use that is lawfully in existence on the effective date of adoption of this division (F)(13), and the zoning classification of which was changed contemporaneously to PO (Professional Office), shall be considered and treated as a permitted use after such change. Any use qualifying under this paragraph may continue to exist, may expand and shall be governed by the regulations applicable to the former zoning classification. The owner, lessee or other person or firm in possession of any land seeking to qualify under this division (F)(13) shall make application to the city’s Zoning Administrator within 30 days after the zoning classification is changed to PO (Professional Office).

   (A)   Purpose. The purpose of the Corridor Transition (CT) Overlay Zone is to promote orderly and harmonious development in areas located along the U.S. 27 and “AA” Highway corridors. Specifically, the purpose of this district in conjunction with the underlying zoning classification is to:

      (1)   Encourage clustering (while discouraging strip commercial development) and a mixture of land uses consistent with the development of a city center that provides an adequate transition in land use with minimal impact to adjacent land uses;

      (2)   Facilitate development consistent with local and regional demographic/socioeconomic trends as well as the enhancement of the city’s economic and service capacity;

      (3)   More effectively coordinate development and transportation planning in order to bring about a more concentrated, desirable urban form and to increase accessibility between development centers and the rest of the city;

      (4)   Encourage more well-planned, innovative and aesthetically pleasing design of structures, and signage while maximize landscaping opportunities in the entrance corridors to the community; and

      (5)   Ensure agreement with the goals and objectives and land use development policies in the city’s comprehensive plan.

   (B)   General. A Corridor Transition (CT) Overlay Zone may be permitted only to be superimposed over areas bordering U.S. Highway 27 and those areas of the city adjacent to the “AA” Highway; provided that, all other conditions and provisions of this Section of the ordinance, the applicable requirements of the subdivision regulations, and any additional requirements as may be determined necessary to provide for the most efficient layout of the CT Overlay Zone and its proper integration with the surrounding development are met; and a public hearing is held in accordance with KRS Chapter 424.

   (C)   Application and processing. Applications for Corridor Transition (CT) Overlay Zone shall be processed in two stages as follows.

      (1)   Stage I development plan and zoning map amendment. Application for amendment to CT Overlay Zone shall include a development plan in accordance with the requirements of division (D) below.

         (a)   The Planning Commission shall hold a public hearing on the proposed application in accordance with the requirements of KRS Chapter 424, and review said application with regard to its compliance with the stated purposes of the CT Overlay Zone, the required elements of the Stage I development plan and other applicable requirements of this section. Upon holding such hearing, the Planning Commission shall make one of the following recommendations to the City Council: approval or disapproval.

         (b)   The City Council shall, within 30 days after receiving the recommendations of the Planning Commission, review said recommendations and take action to approve or disapprove said CT Overlay Zone application.

         (c)   Upon approval of the Corridor Transition Overlay Zone, the official zoning map shall be amended by adding the prefix “CT” to the existing zone which abuts U.S. Highway 27 for the area as shown on the Stage I approved development plan.

      (2)   Stage II, plan and record plat. A Stage II Plan and record plat shall be developed in conformity with the Stage I approved development plan and in accordance with the requirements of division (E) below, and submitted to the Planning Commission for its review and approval. Except for the manner of submission and processing, the subdivision regulations may be waived, where applicable, and the requirements of division (E) below shall be substituted therefor. Those requirements not specifically waived by the Planning Commission shall conform with the subdivision regulations.

         (a)   The Planning Commission shall review the submitted Stage II Plan with regard to its compliance with the required elements of division (E)(1) below for a development plan, other applicable elements of this ordinance and other applicable regulations, and its conformity with the Stage I approved development plan. The Planning Commission, in approving Stage II Plan, may authorize minor adjustments from the Stage I approved development plan; provided that, the adjustments do not; affect the spatial relationship of structures, change land uses, increase overall density, alter circulation patterns (vehicular and pedestrian) or decrease the amount and/or usability of open space or recreation areas, or affect other applicable requirements of this ordinance.

         (b)   Upon Planning Commission approval of Stage II Plan, one copy of said plan shall be forwarded to the Zoning Administrator, who shall grant permits only in accordance with the Stage II approved development plan and other regulations as may be required by this ordinance.

         (c)   Upon approval of the Stage II development plan, the Planning Commission shall review the submitted record plat with regard to its compliance with the required elements of division (E)(2) below for record plats, the applicable requirements of the subdivision regulations, and its conformance with the Stage II approved development plan.

         (d)   Upon Planning Commission approval of the Record Plat, copies of said plat, certified by the Planning Commission, and suitable for recording, shall be forwarded by the Planning Commission to the office of the County Clerk to be recorded.

   (D)   Stage I, development plan requirements.

      (1)   The Stage I development plan shall identify and provide the following information, where applicable:

         (a)   Fifteen copies of the plan(s) of the subject property drawn to a scale not smaller than one inch equals 100 feet showing:

            1.   The total area in the project;

            2.   The present zoning of the subject property and all adjacent property;

            3.   All public and private right-of-way and easement lines located on or adjacent to the subject property which are proposed to be continued, created, enlarged, relocated or abandoned;

            4.   Existing and proposed topography shown by contour with intervals not to exceed five feet;

            5.   Location, arrangement, height and identification of all existing and proposed non-residential buildings and uses on the subject property;

            6.   The amount of area proposed for common open space, including the location and arrangement of recreational facilities, identification of unique natural features to be retained and a statement indicating the means of maintaining all common areas;

            7.   Location of proposed pedestrian walkways, type of surface and identifying approximate dimensions;

            8.   Location of proposed streets, identifying approximate dimensions of pavement and right-of-way widths, type of surfacing and approximate grades;

            9.   Location of off-street parking, loading and/or unloading and driveway areas, identifying the number of off-street parking spaces to be provided, type of surface and approximate dimensions;

            10.   Location of all existing and proposed water, sanitary sewer and storm drainage lines, indicating approximate pipe sizes and grades. Indication should also be given regarding the provision of electric and telephone service;

            11.   Certification from appropriate water and sewer agencies that services will be available;

            12.   Landscaping features including identification of planting areas and the location, type and approximate height of fences and walls;

            13.   Location of signs, indicating their orientation and approximate size and height;

            14.   Identification of the soil types and geologic formations on the subject property, indicating anticipated problems and proposed methods of handling said problems;

            15.   A schedule of development, including the staging and phasing of:

               a.   Structures in order of priority, by type;

               b.   Streets, utilities and other public facility improvements, in order of priority; and

               c.   Dedication of land to public use or set aside for common ownership.

            16.   Estimated development project costs, including estimates for all public and private improvements;

            17.   Estimates of traffic volumes to be generated including the assignment of traffic to proposed entrances and exits;

            18.   A concise statement by the applicant delineating the intended initial use of the development and the structures; and, a statement as to any anticipated adverse affects which the proposed development may have upon adjacent property, and the measures which the development plan provides which would mitigate against any adverse affects; and

            19.   Declaration as to any covenants or conditions running with the land, including deed restrictions of any and all types which would be imposed upon the development, together with statements as to how said conditions or covenants would be maintained and controlled.

         (b)   The information required in divisions (D)(1)(a)1. through (D)(1)(a)19. above may be combined in any suitable and convenient manner so long as the data required is clearly indicated. A separate plan or drawing for each element is not necessary, but may be provided at the option of the applicant.

      (2)   Any and all water drainage flow calculations, metes and bounds descriptions shall be certified to by registered land surveyor or civil engineer.

   (E)   Stage II, development plan and record plat requirements.

      (1)   Stage II development plan. The Stage II Plan and record plan shall conform to the following requirements.

         (a)   The applicant shall submit a Stage II development plan, in conformance with the Stage I approved development plan, at a scale of not smaller than one inch equals 100 feet, that identifies and provides the following information:

            1.   The existing and proposed finished topography of the subject property shown by contours with intervals not to exceed five feet. Where conditions exist that may require more detailed information on the proposed topography, contours with intervals of less than five feet may be required by the Planning Commission;

            2.   All structures on the subject property, including their location, arrangement, and number, including exact lot dimensions and setbacks and maximum height;

            3.   All common open space areas, including accurate lot dimensions and the location and arrangement of all recreational facilities;

            4.   Landscaping features, including identification of planting areas and location, type and height of walls and fences;

            5.   Location of signs indicating their orientation, size and height;

            6.   All utility lines and easements:

               a.   Water distribution systems, including line sizes, width of easements, type of pipe, location of hydrants and valves and other appurtenances;

               b.   Sanitary sewer system, including pipe sizes, width of easements, gradients, type of pipe, invert elevations, location and type of manholes, the location, type, size of all lift or pumping stations, capacity and process of any necessary treatment facilities, and other appurtenances;

               c.   Storm sewer and natural drainage system, including pipe and culvert sizes, gradients, location of open drainage courses, width of easements, location and size of inlets and catch basins, location and size of retention and/or sedimentation basins, and data indicating the quantity of storm water entering the subject property naturally from areas outside the property, the quantity of flow at each pickup point (inlet), the quantity of storm water generated by development of the subject area and the quantity of storm water to be discharged at various points to areas outside the subject property; and

               d.   Other utilities (e.g., electric, telephone and the like), including the type of service and the width of easements.

            7.   Location of all off-street parking, loading and/or unloading, and driveway areas, including typical cross-sections, the type of surfacing, dimensions and the number and arrangement of off-street parking and loading and/or unloading spaces;

            8.   Circulation system:

               a.   Pedestrian walkways, including alignment, grades, type of surfacing and width; and

               b.   Streets, including alignment, grades, type of surfacing, width of pavement and right-of-way, geometric details and typical cross-sections.

            9.   Provisions for control of erosion, hillside slippage and sedimentation, indicating the temporary and permanent control practices and measures which will be implemented during all phases of clearing, grading, construction and site cleanup; and

            10.   A schedule of development, including the staging and phasing in accordance with the requirement in division (D)(3) above and as approved in the Stage I approved development plan.

         (b)   The information required in divisions (E)(1)(a)1. through (E)(1)(a)10. above may be combined in any suitable and convenient manner so long as the data required is clearly indicated.

      (2)   Record plat. The applicant shall submit a record plat, in conformance with the Stage II approved development plan, with a scale not less than one inch equals 50 feet. If the record plat is submitted in sections, an index shall be developed showing the entire CT. The particular number of the section, and the relationship of each adjoining section shall be clearly shown by a small key map on each section submitted. The record plat shall conform to the applicable requirements of the subdivision regulations, unless specifically waived by the Planning Commission and, in addition thereto, the following:

         (a)   All areas reserved for common ownership with an indication of the properties the owners will share in common;

         (b)   Such lot or parcel lines indicating tracts which are now in separate ownership or which may be transferred to other ownership during or after development (re-subdivision of large lots containing several buildings may be accomplished at a later date upon application and approval.); and

         (c)   Indication of areas to be developed for residential (by type of housing unit), commercial, public and semi-public uses.

   (F)   Standard for review and approval of CT Zone. The designation of, or development in, a CT Overlay Zone shall only be approved if all the requirements of the Stage I and Stage II development plans have been met in detail with specificity; that the payment of all necessary fees are met, including all reasonable costs incurred by the Planning Commission or the City Council in reviewing and recommending the proposed application; and, provided, the following criteria are met:

      (1)   The proposed development is not an adverse influence on any abutting or surrounding property that has not been properly mitigated by the proposed plan;

      (2)   Furthers and conforms with the goals and objectives and land use development policies of the city’s comprehensive plan, and is compatible with the adjoining land uses;

      (3)   Adequacy of the proposed site, considering such factors as the sufficiency of the size of the site to comply with the established criteria, the configuration of the site and the extent to which the site is formed by logical boundaries (based on topography, natural features, streets, relationship of adjacent uses and the like);

      (4)   Nature and extent of the proposed uses in relation to the unique characteristics of the site; the current or anticipated need for such use(s) and the specific size and locale of the market area from which the specific uses of the site will draw or serve;

      (5)   Extent to which the proposed design, as indicated in the Stage I Plan, is compatible and coordinated with existing and/or proposed development contiguous to the site. Compatibility and coordination with existing and/or proposed development shall be reviewed in terms of intensity of land use type in relation to the general character of the surrounding area, including coordination of vehicular and pedestrian circulation, the scale (e.g., height and mass of structures) of the proposed development; location of open spaces and size of setbacks; provisions of screening areas or utilization of natural features; the transition of land use types based on the proposed design; and the impact of the proposed development on adjacent uses, such as noise, visual impact, hours of operation, traffic circulation and the like. The development plan should promote innovative building design, minimize signage and maximize landscaping opportunities. In addition, pedestrian and bicycle facilities should be extended as identified in the city’s comprehensive plan;

      (6)   Amount of traffic that would be generated by the proposed operation and the ability of the existing highway system to adequately handle said traffic. Where deficiencies exist, proposed traffic improvements that would correct such deficiencies should be considered. Traffic studies and access management techniques should be utilized in accordance with Article 7 of this ordinance; and

      (7)   Extent to which all necessary public utilities and facilities are available to service the development, including police and fire protection, water and sewer services and other services normally provided within the area. Where deficiencies exist, improvements that would correct such deficiencies should be considered.

   (G)   Off-street parking and loading and/or unloading. Off-street parking and, when applicable, loading and/or unloading shall be provided in accordance with  Articles 5 and 6 of this ordinance.

   (H)   Amendments. Any amendments to plans, except for the minor adjustments which may be permitted by the Planning and Zoning Commission, shall be made in accordance with the procedure required by this ordinance, subject to the same limitations and requirements as those under which such plans were originally approved.

   (I)   Expiration. Any amendment to CT Overlay Zone shall be subject to the time constraint, as noted below. Upon expiration of said time period and any extension thereto, the City Council may initiate a request for a public hearing by the Planning Commission, in accordance with the requirements of KRS Chapter 100, for the purpose of determining the appropriateness of the approved development plan. A public hearing may be initiated if either of the following conditions apply:

      (1)   Stage II Plan has not been approved by the Planning Commission within a period of 24 consecutive months from the date of the Stage I approved development plan and CT Overlay Zone amendment by the City Council; provided that, an extension may be permitted upon approval of the City Council or its duly authorized representative if sufficient proof can be demonstrated that prevailing conditions have not changed appreciably to render the Stage I approved development plan obsolete; and

      (2)   Substantial construction has not been initiated within a period of 12 consecutive months from the date of approval of the Stage II development plan by the Planning Commission; provided that, an extension may be permitted upon approval of the City Council or its duly authorized representative, if sufficient proof can be demonstrated that the construction was delayed due to circumstances beyond the applicant’s control, and that prevailing conditions have not changed appreciably to render the Stage I approved development plan obsolete.

   (A)   Purpose. The purpose of this district is to preserve and protect the existing character of the businesses and residences found in an area which formerly constituted the Central Business District of the city and to promote their continued vitality. It is also the intent of this district to encourage the development of a mix of compatible land uses while preserving the unique character of the Old Town Business Zone. In addition, the purpose of this district is to provide a more unified direction for proposed alterations to existing buildings and new construction within this zone. The guidelines provided for this district are based on maintaining the unique character and remaining historic aspects of the area in terms of scale, setback, rhythm and massing, but are not are not intended to re-create a particular historical time period or architectural style. These guidelines are not intended to force a property owner to make unwanted changes, or require that new construction mimic historical design but are an effort to make Old Town a pleasant, accessible and an identifiable community center for the city.

   (B)   Permitted uses.

      (1)   Art gallery - studio and supply;

      (2)   Automobile accessories, wholesale and retail;

      (3)   Bakery and bakery goods stores;

      (4)   Banks and financial institutions, including savings and loans, finance companies with drive-through windows;

      (5)   Barber and beauty shops;

      (6)   Bed and breakfast;

      (7)   Candy and ice cream stores;

      (8)   Catering services;

      (9)   Churches and other places of religious assembly;

      (10)   Clothing repair and alterations;

      (11)   Community centers and public parks;

      (12)   Computer, radio, television and appliance sales and services;

      (13)   Convenience stores;

      (14)   Day care centers (Type I and Type II);

      (15)   Dry cleaning and laundromats;

      (16)   Extended care facilities;

      (17)   Funeral homes and mortuaries;

      (18)   Furniture and upholstery repair;

      (19)   Governmental offices;

      (20)   Hardware stores;

      (21)   Health care - medical and dental;

      (22)   Health and physical fitness studios, including karate, dance, gymnastics;

      (23)   Interior decorating supply and services;

      (24)   Locksmith;

      (25)   Multi-family dwellings, but only those in existence on the date of the adoption of this Ord. 2017-09 (1-4-2018); and, further provided that, no new multi-family uses may be instituted after the date of adoption of this Ord. 2017-09 (1-4-2018); the foregoing established multi-family uses shall be considered permitted uses for all purposes; except that, any established multi-family use may only expand within the boundaries of the property being used as such, but may not be expanded beyond the current boundaries;

      (26)   Museums;

      (27)   Newspaper publishing - office and printing;

      (28)   Off-street parking garage/lot;

      (29)   Package delivery service;

      (30)   Paint and wallpaper stores;

      (31)   Pet shop/grooming (excluding boarding);

      (32)   Pharmacy;

      (33)   Photography studio;

      (34)   Police and fire departments;

      (35)   Professional offices;

      (36)   Public utilities and service offices;

      (37)   Restaurants (excluding drive-in);

      (38)   Schools;

      (39)   Service clubs, lodges and fraternal organizations;

      (40)   Single-family homes;

      (41)   Shoe store and repair;

      (42)   Specialty retail (commercial activity selling specialized merchandise, and which employs fewer than ten full-time equivalents, or utilizes no more than 10,000 square feet (e.g., book, card, stationery, gift and/or stationery and/or novelty stores, pet stores, clothing stores, consumer electronic store, hobby stores and/or antique stores);

      (43)   Veterinarian clinic;

      (44)   Video rental store;

      (45)   The following category of uses that are in existence on the date of adoption of this Ord. 12-97; and, further provided that, no new uses in these categories may be instituted after the date of adoption of this Ord. 12-97:

         (a)   Automotive service and repair;

         (b)   Building supplies (including plumbing and electric) and lumberyards;

         (c)   Copy/printing shops and publication;

         (d)   Garden, landscaping, agricultural supplies and services;

         (e)   Manufacturing, (light manufacturing, crafting, fabrication and repair only); and

         (f)   Towing and impound (no sales of used parts or vehicles).

      (46)   The foregoing established uses shall be considered permitted uses for all purposes; except that, the established use may only expand within the boundaries of the property being used as such, but may not expand beyond those current boundaries.

   (C)   Conditional uses.

      (1)   Dwelling units above the first floor are not to exceed 50% of the total building area;

      (2)   Gasoline filling and service stations; and

      (3)   Assisted living facilities.

   (D)   Accessory uses.

      (1)   Customary accessory buildings and uses;

      (2)   Fences and walls, as regulated by Article 8 of this ordinance; and

      (3)   Signs, as regulated by Article 9 of this ordinance.

   (E)   Area and height regulations. No building shall be erected or structurally altered hereafter, except in accordance with the following regulations:

      (1)   Minimum lot area: none;

      (2)   Minimum lot width at building setback line: none;

      (3)   Minimum front yard depth: infill buildings may be built to the front property line or flush to adjacent buildings. Where the average depth of existing front yards within 300 feet of the lot in question and within the same block front are greater than the minimum front yard depth required by this ordinance, the required minimum front yard depth on such lot shall be modified to be the average depth of said existing front yards;

      (4)   Minimum side yard width: none;

      (5)   Minimum rear yard depth: none;

      (6)   Maximum building height: heights of new buildings should conform to the average height of buildings on the block street face. In no case shall the height of any building exceed 40 feet or three stories; and

      (7)   Materials for infill development or facade improvements: all infill development and facade improvements should be consistent in design and composed of materials similar to original adjacent facades. New buildings or facades should not stand out against the others.

   (F)   Other development controls.

      (1)   Off-street parking and loading and/or unloading shall be provided in accordance with Articles 5 and 6 of this ordinance. Where possible, parking within the Old Town District shall be placed in the rear or side yards, and appropriately landscaped in accordance with Article 10 of these regulations in order to preserve the streetscape of the downtown area.

      (2)   No outdoor storage of any objectionable material (useable or waste) shall be permitted in this zone, except within enclosed containers, and all dumpsters and the like shall be screened from adjacent property.

      (3)   No lighting shall be permitted which would glare from this zone onto any street, road, highway, deeded right-of-way or into any adjacent property.

      (4)   No motor vehicle which is abandoned, non-functional, in a state of disrepair, or lacking in a valid license, shall be stored in excess of 72 hours unless it is in a completely enclosed building. Vehicles with three or more axles; any trailer with three or more axles; any commercial, industrial and/or similar type trailer used for storage; and heavy, industrial and/or similar type equipment which is motorized, abandoned, non-functional, or in a state of disrepair shall not be permitted outside of a completely enclosed building on any lot or parcel of land. Any agricultural implement and/or similar type equipment or apparatus which is abandoned, non-functional or in a state of disrepair shall not be permitted outside of a completely enclosed building on any lot or parcel of land. (See § 3.24 of this ordinance for regulations pertaining to parking or storing of semi-tractors, tractors, panel trucks, buses, motor homes, campers vehicles with three or more axles, trailers, mobile homes, campers, inoperable vehicles and other similar types of equipment.)

      (5)   Where any yard of any use permitted in this zone abuts property in any residential zone, a ten-foot wide screening area as regulated by § 3.18 of this ordinance shall be required if the Zoning Administrator or the Planning Commission determines that such screening areas will minimize the friction between incompatible land uses and will improve the aesthetic and functional quality of the new development.

      (6)   A site and/or development plan, as required by §§ 3.20 and 3.21 of this ordinance, shall be required of any new use permitted in this zone and for any substantial alterations that impact the setbacks, scale or facade of an existing structure. Development and/or site plans must specifically address this section’s area and height regulations. These regulations must be met prior to issuance of a building permit.

      (7)   No use producing objectionable odors, noise or dust shall be permitted within 500 feet from the boundary of any residential zone.

      (8)   All business activities permitted within this zone shall be conducted within a completely enclosed building with the exception of the following:

         (a)   Off-street parking and loading and/or unloading areas;

         (b)   Temporary seasonal businesses;

         (c)   Tools and equipment rental and sales;

         (d)   Gasoline pumps;

         (e)   New and used car and boat sales;

         (f)   Car washes;

         (g)   Lumber and building materials;

         (h)   Agricultural and landscaping supplies;

         (i)   Sidewalk sales and displays as regulated by § 3.29 of this ordinance;

         (j)   Vending machines, which shall be prohibited from blocking access to doorways, walkways, ramps and driveways; and minimum ADA and Fire Department requirements for access, ingress, egress and walkways shall be maintained at all times; and

         (k)   Outdoor merchandising and display as regulated by § 3.30 of this ordinance.

      (9)   Where permitted, an adult bookstore, adult entertainment establishment and/or adult theater are subject to the following locational requirements.

         (a)   No adult bookstore, adult entertainment establishment or adult theater, as defined herein, shall be located within 300 feet of any other such use, or located 300 feet of the boundaries of any residential zone, or 300 feet from existing residential areas defined for the purpose of this section as a block frontage developed with 50% or more residential uses; of located within 1,000 feet of any permanent structure used as a church or a place or religious worship, or located within 2,000 feet of any public or private school.

         (b)   All existing operational adult businesses which do not presently meet any or all of the locational requirements shall be deemed a non-conforming use.

         (c)   Such restriction as to linear distance requirements as between or among adult bookstores, adult entertainment establishments, or as adult theaters, shall apply to compartmentalized buildings or structures, the same as if such compartmentalized buildings or structures were one building structure. Such restriction, as related to distance requirements, shall be enforced in any and all directions, including, but not limited to, horizontal distance measurements are required, such restrictions shall likewise apply.

         (d)   The measurement of distance as provided for herein shall be measured in a straight line from and to the nearest point on the respective properties as referred to herein.

         (e)   No portion of any wall of any building which separates as adult bookstore, adult entertainment establishment or adult theater from any other business activity shall be remodeled or altered in any manner to permit access to or viewing of adult bookstores, adult entertainment establishments or adult theaters in an adjoining or adjacent building.

   (A)   Purpose. The purpose of this article is to provide a specific classification for a variety of public facilities to promote the proper location of these uses and ensure their long-term continuity and compatibility with adjacent land uses.

   (B)   Permitted uses.

      (1)   Libraries, museums, art and craft galleries, conservatories and cultural exhibits;

      (2)   Passive open space including general, leisure, ornamental and other parks, spaces, trails, bikeways and pedestrian walking systems;

      (3)   Fairgrounds;

      (4)   Sports fields for public and private schools and related parking;

      (5)   Sports or athletic complexes, which may include, but not limited to, locker rooms, exercise rooms, running tracks, soccer field, baseball fields, concession areas, band practice areas, announcers/ officials/press boxes and related parking;

      (6)   Buildings of worship, education whether public or private, and recreation, and/or parking for the same;

      (7)   Daycare center; and

      (8)   Schools, whether public or private.

   (C)   Accessory uses. Accessory uses, building and structures customary incidental and subordinate to the purpose of the district, including:

      (1)   Recreation uses or spaces of integral relation to the district:

         (a)   Botanical gardens, arboretums, nature preserves, wildlife sanctuaries and other natural exhibitions;

         (b)   Historic sites, structures, monuments and other exhibits available for public viewing;

         (c)   Play lots or tot lots, playgrounds, play fields, recreating centers, gymnasiums, athletic uses and structures;

         (d)   Camping, picnicking, hiking areas, trails and other recreational uses; and

         (e)   Auditoriums, exhibition halls and other public or assembly areas.

      (2)   Dwelling unit(s) for the owner/operator or resident manager for the residential staff and employees when the primary use involves a work force on 24-hour shifts; and

      (3)   The administration, management, stenographic, reproduction, research and any related or integral office or activity of the permitted use.

   (D)   Area and height regulations.

      (1)   Minimum lot area: 15,000 square feet;

      (2)   Minimum lot width at building setback line (excluding flag lots): 100 feet;

      (3)   Minimum front yard depth: 20 feet;

      (4)   Minimum side yard depth: ten feet;

      (5)   Minimum rear yard depth: ten feet;

      (6)   Maximum building height: 50 feet; 35 feet if within 70 feet of a residential structure; and

      (7)   Maximum lot coverage: 50% for structures.

   (E)   Other development controls.

      (1)   Off-street parking and loading shall be provided in accordance with Articles 5 and 6 of this ordinance.

      (2)   For permitted uses under division (B)(3) above, the following conditions apply:

         (a)   The site is generally used for major events which only involve one or two days activities; and which require additional parking from that needed on a daily basis;

         (b)   The facility sponsors or accommodates approximately 12 major events per year, plus other uses not considered as major events;

         (c)   Daily and weekly uses of the facility is approximately one meeting per week; and

         (d)   In order to maintain the agricultural and open space characteristic of the facility, areas designated for temporary parking shall not be paved or graveled. Areas requiring permanent parking shall be paved.

      (3)   No outdoor storage of any objectionable material (useable or waste) shall be permitted in this zone, except within enclosed containers, and all permanent dumpsters and the like shall be screened from adjacent property. Removal of objectionable material or waste is to be disposed of on at least a weekly basis.

      (4)   No lighting shall be permitted which would glare from this zone onto any street, road, highway, deeded right-of-way or into any adjacent property.

      (5)   No motor vehicle which is abandoned, non-functional, in a state of disrepair, or lacking in a valid license, shall be stored in excess of 72 hours unless it is in a completely enclosed building. Vehicles with three or more axles, commercial or industrial trailers used for storage, heavy equipment and/or industrial equipment which is motorized, abandoned, non-functional, or in a state of disrepair shall not be permitted outside of a completely enclosed building on any lot or parcel of land. (See § 3.24 of this ordinance for regulations pertaining to parking or storing of semi-tractors, tractors, panel trucks, buses, motor homes, camper vehicles with three or more axles, trailers, mobile homes, campers, inoperable vehicles and other similar types of equipment.)

      (6)   Landscape buffers, in accordance with Article 10 of this ordinance, shall be required as part of the site plan review in situations where new development or planned expansion abuts a residential zone.

      (7)   A development and/or site plan, as required by §§ 3.20 and 3.21 of this ordinance shall be required of any use permitted in this zone.

      (8)   Cellular telecommunications facilities, as regulated by Article 12 of this ordinance, may be permitted as a conditional use in this district.

      (9)   Any prior conditions which may be described by the Northern Kentucky Health Department governing for, or operation of, the use of the building or structure and its environs.

      (10)   For uses described in divisions (B)(4) and (B)(5) above, gravel may be used for temporary parking areas as long as such temporary parking areas are properly maintained on a yearly basis, are located far enough away from adjoining property owners so as to not constitute a nuisance to adjoining property owners, and shall not interfere with the pubic rights-of-way, as determined by the Zoning Administrator.

   (A)   Purpose.

      (1)   The intent of this section is to provide a permissive, flexible and alternative zoning district for innovative, mixed use developments or physical design proposals only if they are designed properly and community impacts are addressed. This district allows for the combination of differing uses not normally located near each other under conventional zoning, but would permit these combinations of uses if design standards or controls are in place to make the uses compatible. In addition, it is the purpose of this district to eliminate sprawling strip commercial development by creating compatible clusters of commercial, office and residential uses while also facilitating multi-modal transportation and convenience to those residing in the development.

      (2)   Density, open space, infrastructure and other land use factors and impacts are significant in the review of any planned unit development. Where building intensity is increased on a particular portion of a planned unit development, then the amount of open space, retention of existing vegetation, buffer areas and new landscape, public commons, community open space and parks shall be evaluated for proportionate increase for the remainder of the planned unit development. In addition, a planned unit development may vary in height, use, organization, design, intensity, size or other features of the proposed development.

   (B)   Provisions.

      (1)   Due to the unique characteristics of planned unit developments, special provisions governing the development of land for this purpose are required. Whenever there is a conflict or difference between the provisions of this regulation and those of other articles, the provisions of this section of the regulations shall prevail. Subjects not covered by this article shall be governed by the respective provisions found elsewhere in this regulation or be modified under the authority of the Planning Commission.

      (2)   The planned unit development (PUD) notation or zoning classification on a parcel of land does not prohibit all uses. The PUD designation is intended to allow some uses compatible to surrounding land uses, the intensity of such use or uses being subject to the review provisions of this section. PUD Districts shall originate from the Alexandria Planning Commission, City Council or private property owner and shall be approved by the City Council. If the city or Planning Commission initiates the rezoning of a parcel to PUD, the property owner will be required to submit a concept plan for action before the Planning Commission and City Council.

      (3)   Upon approval by the city’s Planning Commission and the City Council, a PUD may be applied in lieu of any other existing district in this order. Upon approval of this request and the concept plan from the appropriate legislative body, the official zoning map shall be annotated for the land area involved so that the district name includes the annotation “PUD”. The planned unit development district shall be approved by the Planning Commission and the City Council in the manner prescribed in Article 14 of this ordinance.

   (C)   Permitted uses.

      (1)   In the PUD District, the number and type of permitted uses are flexible if they are compatible with adjoining land uses, the objectives of this district and harmonious with the character of the overall project. Each developer or applicant is required to define in detail the type of residential and commercial uses proposed for the site. In a primarily residential development (where at least 51% of the total acreage is proposed for residential development), commercial, office and indoor/outdoor recreational uses are permitted in the PUD District only if they appear on a neighborhood scale and are oriented toward the convenience of the commercial, office and indoor/outdoor recreational needs of the residents. Commercial, office and indoor recreational uses are allowed at a maximum of 80 square feet of commercial/office/recreational use per one residential dwelling unit or lot. There is no maximum limit on the amount of land devoted to outdoor or passive recreation (open space). However, at least 20% of the total acreage must be retained for recreational use or open space. Conversely, in a primarily commercial development (where at least 51% of the total acreage is proposed for commercial development), residential uses are allowed in the Planned Unit Development District to the extent permitted in the following table:

 

 

      (2)   The developer or applicant may use those uses listed in any of the zoning classifications of this order so as to describe the type of residential, commercial or office use proposed as part of the planned unit development (PUD).

   (D)   Minimum size for PUD District. No PUD District shall be permitted on less than ten acres of land. However, development of a smaller tract adjacent to an existing PUD District may be permitted if the proposed development conforms to and extends the original development as if the new area had been a part of the original development.

   (E)   Minimal standards and amendments to the development plan.

      (1)   The PUD District shall be subject to the supplemental performance and development standards of this section of the zoning ordinance, unless superseded by any special requirements, conditions or other particulars imposed by the Planning Commission during the development plan application and hearing phases described in this section. Such special conditions may include but not be limited to provision governing parking, signage, common open space, lands or facilities, disposition of open land, infrastructure provisions, including any physical design and/or any other requirement found to be necessary, appropriate or desirable for the purposes of this district.

      (2)   Amendments to the approved development plan involving changes in the proposed uses, intensity or other elements must be submitted to the city’s Planning Commission for review and approval. If the changes are determined by the Planning Commission to be minor in nature, the Planning Commission may approve the changes and the applicant/developer may proceed with site plan review or subdivision review. If the changes are deemed to be major or substantial, then the applicant or developer shall be required to file an application before the city’s Planning Commission for a change in a previously approved development plan and a new public hearing will be scheduled in accordance with the provisions of this section of the plan.

      (3)   Changes requiring submittal of a new development plan and public hearing include, but are not limited to:

         (a)   Any increase in density or decrease of more than 25%;

         (b)   Re-allocation of approved land uses, and major changes in lot arrangement or building lots;

         (c)   Changes in the list of approved uses;

         (d)   Modification of the location of approved uses;

         (e)   Alterations in functional uses of open space, where such change conflicts with approval of the development plan;

         (f)   Alteration of site design requirements, such as the location and type of required landscaping, signage, building height and the like; and

         (g)   Modifications to proposed improvements that affect the local traffic patterns, the level of service of existing roadways, internal street system or parking area, drainage management structures, and provision of utilities.

   (F)   Maximum intensity and density.

      (1)   Intensity is a unit of measurement defining the level of activity in acres or square footage of all uses in relation to the overall size of the entire site.

      (2)   Density is defined as a unit of measurement involving a portion of an activity devoted to a specific use identified in acres or square footage in relation to a portion of an overall site.

      (3)   Generally, the maximum building intensity for PUD Districts consists of the following:

         (a)   Office uses: 20,000 square feet/acre; and

         (b)   Commercial uses: 15,000 square feet/acre.

      (4)   Greater intensities than these can be permitted if multi-story buildings and multi-level parking are utilized and the amount of green space can be shown to increase. Necessary infrastructure, including fire protection, must be adequately provided.

      (5)   Generally, the development intensity permitted in PUD Districts shall be consistent with the Future Land Use Map contained in the city’s comprehensive plan. Proposed developments should be planned in clusters and provide innovative design as outlined in the criteria and design standards contained in this section of the ordinance. Greater overall development density may be granted if the development includes dedication of appropriate developable land for public facilities and/or public recreation uses in addition to preserving developmentally sensitive areas as open space. Any increase in intensity over that recommended by the comprehensive plan must be shown by the applicant to be appropriate in terms of infrastructure, adjacent land uses and zoning, and provision of public land.

   (G)   Pre-application and procedure.

      (1)   The developer shall meet with the city’s Planning Commission staff prior to the submission of a development plan. The purpose of the meeting will be to discuss early and informally the purpose and effect of the PUD District and the criteria and standards which may apply, and to familiarize the developer with the detailed objectives of the comprehensive plan and its elements, and applicable zoning regulations.

      (2)   After the initial meeting with staff, the Planning Commission requires that the development plan and an application form be submitted for property located in a proposed planned unit development. The development plan may be filed with the Planning Commission by the owner(s), owner by contract (option) or lessee of property for which the planned unit development is proposed. The contents of the development plan submittal and shall follow the process and include the items as listed in § 4.19(C), (D) and (E).

      (3)   Approval of the development plan shall not be construed to endorse engineering feasibility or plan elements that do not meet the development standards of this ordinance or subdivision regulations unless an exception is specifically granted through the review and approval of the development plan. The Planning Commission may seek assistance in making its recommendation from any appropriate source.

      (4)   Upon receipt of an application for approval of the Planned Unit Development District or development plan, the Planning Commission shall hold at least one public hearing, within 30 days of receipt of the application, after notice as required for amendment under KRS Chapter 424 and as stated in Article 14 of this ordinance.

   (H)   Criteria for approval. No application or development plan shall be approved for a Planned Unit Development District under the provisions of these regulations unless each district and application fulfills the following standards.

      (1)   The planned unit development shall generally conform to the adopted comprehensive plan with respect to type, character and intensity of use and impact on public facilities, services and road network. The intensity of the planned unit development, in particular, should be generally consistent with the Future Land Use Map and development policies for the area. Deviation from the comprehensive plan is dependent upon whether the site is part of an urban service area for public infrastructure and upon the provision of public facilities, services and roads by the applicant to mitigate the impact of the proposed development on these infrastructure systems.

      (2)   The planned unit development shall efficiently utilize the site, and shall protect and preserve the scenic assets and natural features by incorporating existing trees, streams and topographic features into the site design. The development shall include the provision that designated natural areas, scenic areas (views/vistas) and developmentally sensitive areas as identified in the comprehensive plan will constitute permanent open space or be dedicated to public or semi-public organizations for recreational use. At least 20% of the total site acreage shall be dedicated as recreation or open space.

      (3)   The planned unit development provides interconnected open spaces, recreational areas and opportunities for multi-modal transportation (i.e., sidewalks, walking trails, bicycle trails and the like) as identified in the city’s comprehensive plan.

      (4)   Each developer or applicant is required to define in detail the type of residential and commercial uses proposed for the site. Commercial, office and indoor/outdoor recreational uses are permitted in the PUD District only if they appear on a neighborhood scale and are oriented toward conveniently serving the commercial, office and indoor/outdoor recreational needs of the residents.

      (5)   Although the PUD District encourages a variety of housing types and mixture of densities within one development, housing shall be clustered by density type. In no case should there be a mixing of densities within a residential cluster. For example, single-family homes shall not be sited directly adjacent to duplexes, apartment complexes and the like within the same cluster.

      (6)   Where appropriate, the planned unit development shall include developable land that is unbuilt and available for purchase or donation to public agencies for recreation or public facility building sites. This provision of land can constitute one reason for increased development densities on portions of the site or even increased overall development intensity in relation to the comprehensive plan; provided, other public facilities and services are adequately provided.

      (7)   The planned unit development shall not hinder nor deter development or surrounding undeveloped properties in accordance with the adopted comprehensive plan. Where different land uses or development densities exist adjacent to or within the site, substantial buffers and transitions between the PUD and the adjacent use must be provided.

      (8)   The planned unit development shall be located in an area in which transportation, police and fire protection, other public facilities and utilities, including sanitary sewerage are provided, or will be available and adequate for the uses proposed. The applicant shall make provision for such facilities or utilities which are not presently available or shall construct such facilities for the eventual connection into a public system.

      (9)   The development will not have an adverse impact on the surrounding area and will be harmonious and compatible with adjacent uses. The term COMPATIBILITY refers to, but is not limited to, size, scale, mass, architectural design and landscaping.

      (10)   The extent to which the proposed planned unit development meets the requirements, standards and stated purpose of the PUD regulations and design criteria.

      (11)   The proposal fully complies with the minimum requirements contained in this ordinance and subdivision regulations.

      (12)   The proposal must not adversely affect the public health, safety and welfare. This flexible approach to planned unit development is intended to provide an opportunity and incentive to the developer to achieve excellence in physical, social and economic planning. To be approved, the property owner or developer must demonstrate achievement of the above objectives and standards. In addition, a property owner or developer’s request for a planned unit development is assessed in terms of its impact on the existing conditions of the surrounding land uses, utility systems, road network and public facilities and services. The applicant must provide this information to the Planning Commission in written and/or graphic form as part of the development plan submittal. In summary, it is the burden of proof for the property owner or developer to present why the concept plan is unique and requires the special consideration that can only be fulfilled by the Planned Unit Development District. Equally important is that the property in question could be unique with certain qualities and/or amenities that warrant the special consideration of the Planned Unit Development District. Proposed developments that cannot be shown to meet these standards may be more appropriately developed under conventional zoning districts.

   (I)   Design standards. The proposed uses and development plan in each Planned Unit Development District shall be assessed in terms of the design standards contained in this section. Each applicant or developer is required to demonstrate how the proposed development plan fulfills the following design standards in a written or graphic manner.

      (1)   Height. The height of any structure shall be compatible with the existing buildings in the area, and proposed structures within the project site.

      (2)   Placement or location of buildings. Consideration should be given to the most appropriate location of buildings based upon access and direct visibility. The location of any building should not interrupt a continuous visual pattern from public view or a public street. Building location should be planned to accomplish a transition with the landscaped, pedestrian and parking areas. Building setbacks can vary in order to allow appropriate building location. The setback on the perimeter of the Planned Unit Development District shall be large enough to protect the privacy and amenity of adjoining uses both existing and anticipated.

      (3)   Preliminary building design or architecture. Buildings should be designed in the same architectural style as if part of a large commercial, residential or office center. Individual buildings not part of the larger development should be compatible with surrounding structures. All structures shall have consistent design treatment on all facades. The unified architectural style or building design shall also apply to materials, colors, roof types and entrances, and shall include traditional, regionally influenced architectural forms and elements, and shall allow variations within it. The architectural theme shall also relate to existing structures on the project site and adjacent sites, especially if such existing structures are historic. The use of architectural guidelines is required for multi-phased projects.

      (4)   Scale. Consideration shall be given to the scale of each building and architectural detail, which relates to the size of an individual and the natural environment. In general, planned unit developments shall have a pedestrian scale and orientation. In rendering this decision, emphasis shall be placed on mass and how it relates to open space.

      (5)   Elevation. The elevation of any site or structure should be determined by the grade of any existing or proposed public road. Consideration should be given to the relationship between the width and height of the front, side and rear elevations of any building from a public road. Exposed foundations from a public street should be minimized.

      (6)   Historic and prehistoric features. Historic features on the project site shall be retained, utilized and incorporated into the overall project design if physically and economically feasible.

      (7)   Streetscape. The streetscape of a PUD should be designed in detail specifying lighting, placement of street trees and street furniture (benches, wastebaskets and the like).

      (8)   Focal point. Any opportunity for a strong, central focus should be studied and developed. These central places are usually a key to establishing community identity.

      (9)   Paved surfaces. Emphasis should be placed on preserving at a reasonable rate the amount of open space. The interior road system, sidewalk system, and parking lot should be designed with this in mind. Paved surface refers to cement, brick pavement, asphalt, cobblestone or other similar type surfaces. Parking areas should be treated with decorative elements, fence or wall extensions, plantings and berms as other means to screen parking areas from public view or soften their visual impact. Although it is recommended that parking areas be dispersed throughout the site and located to the rear of structures, all large parking lots shall be designed with landscaped islands. Parking lots and driveway aisles should be either asphalt or concrete. Landscaped entrances with trees and bushes should be encouraged near the entrances of the development.

      (10)   Fences, walls and landscaped berms. Consideration should be given to brick walls, fences and landscaped berms, which would produce a continuous cohesive wall of enclosure on a lot line or adjacent to a road. These fences and walls shall be designed and maintained in relationship with the character of the surrounding land uses and structures.

      (11)   Landscaping. Consideration should be given to the predominance of a quality and quantity of landscaping and an emphasis shall be given to streetscape areas, buffer zones and the provision of significant landscaping (in terms of the size of landscaped areas, and quantity and quality of landscape materials) within the proposed developed portions of the site. Landscaping details will be evaluated on the entire site and surrounding any proposed structure and shall be reviewed in relation to adjacent properties. A special attempt should be made to preserve the existing vegetation and scenic areas, if any and encourage additional open space for the public’s benefit. Existing topography, significant tree cover and watercourses/bodies shall be largely preserved and incorporated into the project design, where appropriate, and should be consistent with the remainder of these regulations. Plantings should be used to soften the impact of parking and loading areas. Plant material should be selected on the basis of texture and color and for its ultimate growth to provide a visual screen for the public. Scenic views and vistas as identified in the city’s comprehensive plan shall be remain unblocked or uninterrupted, particularly as seen from public thoroughfares. The use of landscape design guidelines is required for multi-phased projects.

      (12)   Grading. All mature vegetation, prime agricultural soils, floodplains, wetlands and steep slopes shall be protected from excessive clearing, grading, filling and construction activities. In addition, new construction on prominent hilltops or ridges is discouraged.

      (13)   Open space and recreational uses. Planned unit developments shall make a provision for preserving open space and devoting an appropriate portion of the site to meet the recreational needs of the residential population. A minimum of 20% of the total site acreage shall be retained as a recreation area or common open space and dedicated to a public or private entity for operation and maintenance. Such open space shall be physically situated so as to be readily accessible, available to and useable by all residents of the PUD. These spaces may be provided in the form of parks, plazas, arcades, commons, trails, sports courts or other athletic and recreational areas, outdoor areas for the display of sculptural elements and the like. Land reservations for community facilities may be considered in lieu of useable open space. Recreation area and open space areas identified in the city’s comprehensive plan shall be utilized for recreational purposes or preserved to the greatest extent possible.

      (14)   Signage. Signage should be designed to protect the visual order of any site and to minimize the impact of adjacent properties. Consideration should be given to the number, location, size and height of any building mounted sign or freestanding sign. A consistent signage theme shall be provided within the planned unit development. Building mounted signs shall be the predominant signage on the project site. Freestanding signs shall be monument style and limited in number, size and height. The use of signage design guidelines is required for multi-phased projects.

      (15)   Utilities. All utility service lines to the building and possible main lines to or within the site shall be located and installed underground. Alternatives may be possible if this requirement is economically infeasible.

      (16)   Detention/retention ponds or lakes. Large detention/retention ponds or lakes should be discouraged in the front yard or in an area viewed from a public street if not used for both storm water management and aesthetic purposes. Smaller detention/retention ponds or lakes appropriately designed and landscaped should be encouraged and distributed throughout the site and may appear in the front yard or in an area viewed from a public street. Surface drainage and flood water retention shall be planned to not adversely impact the adjoining properties.

      (17)   Transportation design. Principal vehicular access shall be from major streets and access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Maximum separation of vehicular traffic on major roads from pedestrian and recreational areas shall occur. The provision of transportation connections (street connections, pedestrian paths and sidewalks, bicycle facilities) shall be provided in all planned unit developments unless physically unfeasible or undesirable due to land use characteristics. Rural roadside character shall be preserved by avoiding development fronting directly into existing public roads. Buffer zones shall be established along scenic corridors and roadways.

      (18)   Multi-modal transportation system. Planned unit developments shall incorporate multi-modal transportation elements in the development, depending on the foreseeable needs of future residents and users of the site and the relationship of the project site to the community at large. Such multi-modal elements may include provisions for mass transit stops or stations, car pooling lots, pedestrian and bicycle paths and lanes, bicycle parking areas and the like. The proposed pedestrian circulation system should be designed to assure that pedestrians can walk safely and easily on the site, between properties and activities or special features within the open space system. All roadside footpaths should connect with off road trails, which in turn should link with potential open space on adjoining undeveloped parcels (or with existing open space on adjoining developed parcels, where applicable). Sidewalks, walking and bicycle trails identified in the city’s comprehensive plan must be incorporated into the overall design of the project.

      (19)   Location of land uses. Land uses shall be located primarily for convenience to the area and compatibility with the adjoining land uses. If conflicting land uses are intended to be located near each other, measures shall be taken to mitigate the impact of the uses upon each other.

   (J)   Findings necessary for a zoning map amendment or development plan in a Planned Unit Development District. Each application shall conform to the criteria in Article 14 of this ordinance in presenting the basis for granting a zoning map amendment or approval of a development plan in a Planned Unit Development District. In addition, each application shall be in conformance with the standards and requirements stated in this section of the ordinance.

   (K)   Action by the Planning Commission and City Council.

      (1)   Within 90 days of receipt of an application for a development plan and after the public hearing required in this section has been conducted, the Planning Commission shall determine whether the development plan is consistent with the intent, purpose, requirements and standards or this regulation; whether the proposed development advances the general welfare of the community and neighborhood, and whether the benefits, combination of various land uses, innovation of physical design and the inter-relationship with the land uses in the surrounding area justify any deviation from standard district regulations as mentioned in the objectives section of this regulation.

      (2)   Final action for approval in principle, as described in Article 14 of this ordinance, or denial of a Planned Unit Development Zoning District shall be made by the City Council. After recommendation of the city’s Planning Commission all materials constituting the record and recommendations of the Planning Commission shall be transmitted to the City Council. Within 90 days from the Commission’s recommendation, the City Council may take action to approve or deny the PUD zoning map designation. Approval shall be by ordinance. When a PUD zoning designation is approved, the subject property so zoned shall be respectively designated as “PUD” on the official zoning map of the city. Upon approval of a map amendment to utilize either classification, the notation “CD” shall be placed on the official zoning map as well. A certificate of land use restriction (CLUR) giving notice of the approval for PUD Zoning District designation shall be filed within 30 days of final action as explained in § 13.16 of this ordinance. If disapproved, the City Council shall state the reasons for disapproval.

   (L)   Subsequent review after development plan approval. After the city’s Planning Commission has approved a development plan in a PUD District, the applicant or property owner may proceed through the subdivision review or site plan review approval process. Subdivision review requirements can be found in the city’s subdivision regulations and site plan review requirements are outlined in this ordinance.

   (M)   Ownership and maintenance of open space. Different ownership and management options apply to permanently protected open space created through the development process. The open space shall remain undivided and may be owned and managed by a homeowner’s association, the city or a recognized land trust or conservancy. A public land dedication (not exceeding 10% of the total parcel size) may be required by the city in order to facilitate the connections of pedestrian ways or open or scenic views and vistas as identified in the city’s comprehensive plan. A narrative describing ownership, use and maintenance responsibilities shall be submitted for all common and public improvements, utilities and open spaces.

   (N)   Ownership standards. Common open space within a development shall be owned, administered and maintained by any of the following methods, either individually or in combination, and is subject to approval by the Planning Commission.

      (1)   Offer of dedication.

         (a)   The city shall have the first and last offer of dedication of undivided open space in the event said land is to be conveyed. Dedication shall take the form of fee simple ownership. The city may, but not be required to, accept undivided open space; provided:

            1.   Such land is accessible to the residents of the city;

            2.   There is no cost of acquisition other than any costs incidental to the transfer of ownership such as title insurance; and

            3.   The city agrees to and has access to maintain such lands.

         (b)   Where the city accepts dedication of common space that contains improvements, the city may require the posting of financial security to ensure structural integrity of said improvements as well as the functioning of said improvements for a term not to exceed 18 months from the date of acceptance of dedication. The amount of financial security shall not exceed 15% of the actual cost of installation of said improvements.

      (2)   Homeowner’s association. The undivided open space and associated facilities may be held in common ownership by a homeowner’s association. The association shall be formed and operated under the following provisions.

         (a)   The developer shall provide a description of the association including its bylaws and methods for maintaining the open space.

         (b)   The association shall be organized by the developer and shall be operated with a financial subsidy from the developer, before the sale of any lots within the development.

         (c)   Membership in the association is automatic (mandatory) for all purchasers of homes therein and their successors. The conditions and timing of transferring control of the association from the developer to homeowners shall be identified.

         (d)   The association shall be responsible for maintenance of insurance and taxes on undivided open space, enforceable by liens placed by the city on the association. The association may place liens on homes or house lots of its members who fail to pay their association dues in a timely manner. Such liens may require the imposition of penalty interest charges.

         (e)   The members of the association shall share equitably the costs of maintaining and developing such undivided open space. Shares shall be defined within the association bylaws.

         (f)   In the event of the proposed transfer, within the methods permitted in these regulations, of undivided open space land by the homeowner’s association, or of the assumption of maintenance or undivided open space land by the city, notice of such action shall be given to all property owners within the development.

         (g)   The association shall have or hire adequate staff to administer common facilities and properly (and continually) maintain the undivided open space.

         (h)   The homeowner’s association may lease open space lands to any other qualified person, or corporation, for operation and maintenance of open space lands, but such a lease agreement shall provide:

            1.   The residents of the development shall, at all times, have access to the open space lands contained therein (except croplands during the growing season);

            2.   The undivided open space to be leased shall be maintained for the purposes set forth in this ordinance; and

            3.   The operation of open space facilities may be for the benefit of the residents only, or may open to the residents of the city, at the election of the developer and/or homeowner’s association, as the case may be.

         (i)   The lease shall be subject to the approval of the city and any transfer or assignment of the lease shall be further subject to the approval of the city. Lease agreements so entered upon shall be recorded in the Campbell County Clerk’s office within 30 days of their execution and a copy of the recorded lease shall be filed with the city.

   (O)   Transfer of easements to a private conservation organization. With the permission of the city, an owner may transfer easements to a private, non-profit organization, among whose purposes it is to conserve open space and/or natural resources; provided that:

      (1)   The organization is acceptable to the city, and is a bona fide conservation organization with perpetual existence;

      (2)   The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions; and

      (3)   A maintenance agreement acceptable to the city is entered into by the developer and the organization.

   (P)   Maintenance standards.

      (1)   (a)   The ultimate owner of the open space (typically a homeowner’s association) shall be responsible for raising all monies required for operations, maintenance or physical improvements to the open space through annual dues, special assessments and the like.

         (b)   The homeowner’s association shall be authorized under its bylaws to place liens on the property of the residents who fall delinquent in payment of such dues, assessments and the like.

      (2)   In the event that the association or any successor organization shall, at any time after establishment of a development containing undivided open space, fail to maintain the undivided open space in reasonable order and condition in accordance with the development plan, the city may serve written notice upon the owner of record, setting forth the manner in which the owner of record has failed to maintain the undivided open space in a reasonable condition.

      (3)   Failure to adequately maintain the undivided open space in reasonable order and condition constitutes a violation of this regulation. The city is hereby authorized to give notice, by personal service or by U.S. mail, to the owner or occupant, as the case may be, of any violation, directing the owner to remedy the same within 30 working days.

      (4)   Should any bill or bills for maintenance of undivided open space by the city be unpaid by November 1 of each year, a late fee of 15% shall be added to such bills and a lien shall be filed against the premises in the same manner as other municipal claims.

   (A)   Purpose. The purpose of the CCRC zoning classification is to provide for a permissive, flexible and alternative zoning district for innovative, integrated mixed use residential retirement developments which are designed to provide various types of living arrangements for the retired, elderly, disabled or infirm, with compatible shopping, dining and other lifestyle uses, to promote the proper location of these uses and ensure their long-term continuity and compatibility with adjacent land uses.

   (B)   Permitted uses.

      (1)   Continuing care retirement community; and

      (2)   An integrated mixed residential use retirement community including two or more of the following uses:

         (a)   Adult care home;

         (b)   Adult day care center;

         (c)   Assisted living or personal care facility;

         (d)   Nursing home;

         (e)   Residential care facility; and

         (f)   Physical therapy and occupational therapy and rehabilitation facilities.

   (C)   Accessory uses.

      (1)   Customary accessory buildings and uses;

      (2)   Fences and walls, as regulated by Article 8 of this ordinance;

      (3)   Signs, as regulated by Article 9 of this ordinance. Signs proposed for a continuing care retirement community shall be included in the development plans and/or site plans and shall be reviewed and approved as part of the development; and

      (4)   Uses listed as below including within, and entered from within, any permitted use structure to so long as such uses are ancillary to the continuing care retirement community’s use (i.e., meaning they may be used by the residents, occupants, employees, business invitees and guests of the continuing care retirement community, but shall not be open to or marketed for use by those outside the community other than for the provision of medical care and/or physical therapy and occupational therapy and medical rehabilitation for patients of the facilities who might not otherwise be residents of the community). No exterior advertising displays for any accessory uses shall be visible from outside the building: and the total floor area devoted to accessory uses shall not exceed 20% of the total floor area on the site. The following uses shall be permitted as accessory uses in any continuing care retirement community:

         (a)   Medical and dental offices and medical and dental laboratories;

         (b)   Health and allied services;

         (c)   Healthcare facilities, medical offices and ancillary services;

         (d)   Photographic studios, including commercial photography;

         (e)   Health club, fitness center, physical therapy and spas;

         (f)   Banks;

         (g)   Retirement community management and maintenance facilities and marketing centers;

         (h)   Eating and drinking places, pubs and taverns, retail bakeries, cafeteria services, candy, nut and confectionary stores and miscellaneous food stores;

         (i)   Educational services, libraries, book and stationary stores, news dealers and newsstands;

         (j)   Men’s and women’s clothing and/or accessory stores, shoe stores, miscellaneous apparel and accessory stores;

         (k)   Miscellaneous general merchandise stores, pharmacies, florists, gift, novelty and souvenir shops and camera and photographic supply stores;

         (l)   Pressing, alterations, garment repair and custom tailors;

         (m)   Barbershops and beauty shops;

         (n)   Indoor and outdoor swimming pools, putting greens, parks and open space, bowling, billiards and pool;

         (o)   Places of worship;

         (p)   Motion picture theaters, dance halls and studios, dance schools, theaters and auditoriums;

         (q)   Radio and television production and broadcasting facilities;

         (r)   Woodshops and arts and crafts studios;

         (s)   News and confectionery stands; and

         (t)   Type I or II day care centers for the use of employees, residents and occupants of the continuing care retirement community and who work or live at continuing care retirement community. The operator of the day care center shall maintain a log book referencing the employee and employer, the residents or occupants and child’s name.

   (D)   Area and height regulations.

      (1)   Minimum lot area: ten acres and a maximum density of 35,000 square feet of building(s) per acre, exclusive of any under or within building parking which shall not count toward building density;

      (2)   Minimum front yard depth: 50 feet; provided, however, that, the minimum front yard depth may be reduced as low as 35 feet as long as the building is set back at least 100 feet from any existing roadway pavement;

      (3)   Minimum side yard width on each side of lot: 35 feet;

      (4)   Minimum rear yard depth: 35 feet;

      (5)   Minimum unobstructed open space (% of site): 30%;

      (6)   Maximum building height: 75 feet; and

      (7)   In case of this (CCRC) zone, more than one principal building, as herein defined, may be constructed on one lot.

   (E)   Other development controls.

      (1)   Off-street parking and loading and/or unloading shall be provided in accordance with Articles 5 and 6 of this ordinance.

      (2)   No outdoor storage of any objectionable material (useable or waste) shall be permitted in this zone, except within enclosed containers, and all dumpsters and the like shall be screened from adjacent property.

      (3)   Lighting shall be provided pursuant to § 5.0 (O)(2) of this ordinance; however, no lighting shall be permitted which would glare from this zone onto any street, road, highway, deeded right-of-way or into any adjacent property.

      (4)   No motor vehicle which is abandoned, non-functional, in a state of disrepair, or lacking in a valid license, shall be stored in excess of 72 hours unless it is in a completely enclosed building. Any trailer with three or more axles; any commercial, industrial and/or similar type trailer used for storage: and heavy, industrial and/or similar type equipment which is abandoned, non-functional, or in a state of disrepair shall not be permitted outside of a completely enclosed building on any lot or parcel of land. Any agricultural implement and/or similar type equipment or apparatus which is abandoned, non-functional, or in a state of disrepair shall not be permitted outside of a completely enclosed building on any lot or parcel of land. (See § 3.24 of this ordinance for regulations pertaining to parking or storing of semi-tractors, tractors, panel trucks, buses, motor homes, campers vehicles with three or more axles, trailers, campers, inoperable vehicles and similar types of equipment.)

      (5)   Where any yard of any use permitted in this zone abuts property in a residential zone, a minimum of at least a 20-foot wide screening area as regulated by § 3.18 of this ordinance shall be required.

      (6)   A development and/or site plan, as required by §§ 3.20 and 3.21 of this ordinance, shall be required of any use permitted in this (CCRC) zone.

      (7)   No use producing objectionable odors, noise, or dust shall be permitted within 500 feet from the boundary of any residential zone.