Ashland City Zoning Code
SUPPLEMENTARY DISTRICT
REGULATIONS
§ 157.035 GENERAL YARD REGULATIONS.
Every part of a required yard shall remain open, with the following exceptions:
(A) Sills, belt courses, buttresses, chimneys, ornamental features and eaves, but not porches, may project into a required side yard not more than 12 inches, and into a required front or rear yard not more than four feet. A four-foot side yard shall be maintained beyond the projection;
(B) Open or enclosed fire escapes, fireproof outside stairways and balconies may project into a required yard not more than four feet. A four-foot side yard shall be maintained beyond the projection;
(C) Unenclosed carports which are attached to a dwelling may extend to within four feet of any side property line (not a corner lot line). This distance shall be measured from the furthest projection of the carport to the lot line;
(D) Eaves and awnings attached to existing structures for solar energy and/or protection, may extend into a required yard not more than four feet. A four-foot side yard shall be maintained beyond the projection; and
(Prior Code, § 157.030) (Ord. 101-1986, passed 10-7-1986) Penalty, see § 157.999
§ 157.036 FRONT YARD REGULATIONS.
The following regulations shall apply in all districts.
(A) Where lots comprising 40% or more of the frontage in any block face are already developed with buildings whose front yards are less than the minimum required front yard as specified in this chapter, the required front yard may be reduced so that a structure may be erected, reconstructed, altered or moved so as to project to the average front building line established by adjacent existing buildings. This provision likewise applies to side yards on corner lots, except that the intersection visibility requirements of § 157.039 shall be met.
(B) The front yard requirements as specified in the table of dimensional requirements (§ 157.208) shall apply to each street frontage of a through lot, and each shall be considered a front yard.
(C) The front yard requirements as specified in the table of dimensional requirements (§ 157.208) shall apply to each street frontage of a corner lot, and each shall be considered a front yard.
(Prior Code, § 157.031) (Ord. 101-1986, passed 10-7-1986) Penalty, see § 157.999
§ 157.037 SIDE YARD REGULATIONS.
If a structure is not required to provide a side yard by this chapter, but is not placed on the side lot line, then the side yard provided shall not be less than four feet.
(Prior Code, § 157.032) (Ord. 101-1986, passed 10-7-1986) Penalty, see § 157.999
§ 157.038 FRONT OR STREET SIDE YARDS IN NONRESIDENTIAL DISTRICTS.
Unless a front yard of a greater depth is required for a nonresidential zoning district, any lot in a nonresidential district that abuts a residential zoning district shall have a front yard setback at least equal to the requirements of the abutting residential district, for the entire width of the nonresidential zoning lot or 200 feet (whichever is less).
(Prior Code, § 157.033) (Ord. 101-1986, passed 10-7-1986) Penalty, see § 157.999
§ 157.039 INTERSECTION VISIBILITY; SIGHT TRIANGLE.
(A) To ensure that structures, signs and landscaping do not constitute a driving and pedestrian hazard, a “sight triangle” shall be observed at all street intersections, and all intersection of streets with railroad tracks. Within the sight triangle, no obstruction of any kind shall be permitted between a height of two feet and eight feet above the mean elevation of the street. The B-3 Downtown Business District shall be exempt from these requirements because of large scale development, low traffic speeds and adequate traffic controls.
(B) The sight triangle shall consist of the following; or other dimensions having a similar effect when intersections are not 90 degrees.
(1) Intersecting streets shall have a sight triangle with two sides being 15 feet along the abutting rights-of-way lines, measured from their point of intersection, and the third side being a line connecting the ends of the other two lines.
(2) A street intersecting a railroad track shall have sight triangle with two sides being 25 feet along the abutting rights-of-way lines, from their point of intersection, and the third side being a line connecting the other two lines.
(3) A street intersecting a driveway shall have a sight triangle with one side being 15 feet along the right-of-way edge, one side being ten feet along the abutting driveway pavement, and the third side being a line connecting the other two lines. Driveways to single- and two-family homes are exempt from this provision.
(Prior Code, § 157.034) (Ord. 101-1986, passed 10-7-1986) Penalty, see § 157.999
§ 157.040 ACCESSORY STRUCTURES AND USES; RESIDENTIAL.
(A) Accessory structures and uses are permitted in any residential district in connection with any use which is permitted. Accessory structures and uses, as defined in § 157.003, shall include, but not be limited to, the following:
(1) A private garage or carport when not attached to the principal structure;
(2) A structure for enclosed storage incidental to a permitted use;
(3) Satellite antennas and alternate energy devices;
(4) A private swimming pool and/or bath house;
(5) Statuary, arbors, trellises, awnings, canopies, barbecue equipment, gazebos, flag poles, non-mechanical laundry drying equipment, terraces, recreational equipment, fences, walls and hedges;
(6) Fallout shelters;
(7) Outdoor parking of trailers, recreational vehicles, boats and campers;
(8) Personal passenger vehicles and their storage are exempt from residential accessory use regulations. Disabled vehicles are subject to division (B) of this section; and
(9) Within the R-E District only, accessory uses may also include secondary dwelling units (guest house, caretaker’s quarters), for the convenience and necessity of the principal residential use.
(B) In all residential districts, detached accessory structures and uses are prohibited in required front yards, but may be located in a required rear and side yard subject to the following provisions.
(1) No accessory structure or use shall be located closer than ten feet to any principal building, except as in division (A)(5) and (A)(7) of this section.
(2) On through and corner lots, no accessory building or use shall extend beyond the front yard setback required on the street frontage to the rear/side of the principal structure, except as in division (A)(5) of this section.
(3) No part of an accessory structure or use shall extend to within four feet of any side or rear property line, except fences, walls and vegetation.
(4) No fence, wall or hedge that obstructs sight shall be erected, altered or placed in any required front yard to exceed a height of four feet above grade.
(C) Outdoor storage of interior household furnishings or washing machines, refrigerators and non-household items is not allowed in residential areas unless specifically permitted by the Schedule of District Regulations or by the Board of Adjustment as a conditional use.
(D) Signs, a special type of accessory use, shall be permitted as specified in Chapter 158.
(E) Outdoor storage of trucks and/or trailers larger than two ton capacity is prohibited in residential zoning districts.
(Prior Code, § 157.035) (Ord. 101-1986, passed 10-7-1986; Ord. 9-1993, passed 1-29-1993) Penalty, see § 157.999
§ 157.041 ACCESSORY STRUCTURES AND USES; NONRESIDENTIAL.
(A) Accessory structures and uses are permitted for any nonresidential permitted principal use (as of right or conditionally). Accessory structures and uses, as defined in § 157.003, shall include, but not be limited to, the following, unless specifically prohibited in the Schedule of District Regulations or the Board of Zoning Adjustment in the case of conditional uses:
(1) Outdoor storage, when specifically permitted as a right or conditionally;
(2) Canopies, free standing or attached, for weather protection;
(3) Service station islands;
(4) Outdoor parking of trucks, buses and other large vehicles; and
(5) One dwelling unit for each nonresidential zoning lot, constructed as an integral part of the principal nonresidential structure, for proprietor or employee occupancy.
(D) Signs, a special type of accessory use, shall be permitted as specified in Chapter 158.
(Prior Code, § 157.036) (Ord. 101-1986, passed 10-7-1986) Penalty, see § 157.999
§ 157.042 KEEPING OF ANIMALS; AGRICULTURAL USES.
(A) No animals other than household pets shall be permitted in any zoning district unless specifically permitted.
(B) Where agricultural uses are permitted by this chapter, such activity is exempt from building permits or certificates of occupancy, and dimensional requirements, in accordance with KRS Chapter 100.203(4). Street setback lines and floodplain regulations shall be observed. See § 157.003 for definitions of “Agricultural Use.”
(Prior Code, § 157.037) (Ord. 101-1986, passed 10-7-1986) Penalty, see § 157.999
§ 157.043 MANUFACTURED UNITS AS TEMPORARY CONSTRUCTION OFFICES; NONRESIDENTIAL STRUCTURES.
(A) (1) Manufactured units, such as mobile homes, may be used as temporary construction offices when located on the same property as the construction project. Such offices shall as closely as possible comply with the yard requirements of the zoning district in which they are located. The unit shall be removed immediately after completion of the construction.
(2) Manufactured units may be used as temporary offices while a project is under construction/development, provided the following:
(a) Written approval is granted by the Zoning Administrator; and
(b) Approval shall be for six months only in the case of residential development.
(B) Manufactured units, such as mobile homes may be used as temporary nonresidential structures where such nonresidential uses are permitted by this chapter. Nonresidential manufactured units usage shall comply with the following provisions in order to protect the structure and neighboring structures from fire and storm damage, and to protect the nature and characteristics of the neighborhood.
(1) The unit shall be situated on the lot so as to meet all applicable dimensional requirements, and in addition shall provide rear/side yards of at least 15 feet.
(2) The unit shall be installed with its longest dimension parallel to the lot frontage.
(3) A minimum of 15 feet shall separate the unit from other principal or accessory buildings on the same lot.
(4) The unit shall meet the specifications of the U.S. Department of Housing and Urban Development, National Mobile Home Construction and Safety Standards.
(5) Manufactured units as nonresidential structures shall not be installed where such installation is in conflict with state or local fire codes.
(6) No temporary nonresidential use of a manufactured unit shall be permitted on a lot for longer than 12 consecutive months.
(7) When a temporary nonresidential use of a manufactured unit on a lot has ended, 12 months shall elapse before another such unit (or use therefor) is allowed on that lot.
(8) A manufactured unit used as a sales office on a lot which sells similar units is exempt from division (B)(6) and (B)(7) of this section.
(Prior Code, § 157.038) (Ord. 101-1986, passed 10-7-1986) Penalty, see § 157.999
§ 157.044 TOWNHOUSE DWELLING UNITS.
Where townhouse dwelling units are permitted as of right or conditionally by this chapter (see § 157.207), the following provisions shall apply.
(A) Front yard, rear yard, and lot dimensions shall comply with § 157.208.
(B) Minimum side yards shall be 15 feet for townhouse end units, with zero feet for interior units.
(C) Townhouse rows developed as a complex shall be separated by at least 20 feet end to end, and 30 feet in all other configurations.
(D) Maximum lot coverage for a townhouse unit shall be 50%.
(E) No less than four, nor more than eight units shall be allowed in each townhouse “row”.
(F) Townhouses shall be constructed without interior side yards; and no windows, doors or other openings shall face the sides except at end units.
(G) Manufactured (mobile) homes shall not be considered townhouses in any manner whatsoever.
(Prior Code, § 157.039) (Ord. 101-1986, passed 10-7-1986) Penalty, see § 157.999
§ 157.045 ZERO LOT LINE UNITS.
Where zero lot line dwelling units are permitted as of right or conditionally by this chapter (§ 157.207), the following provisions shall apply.
(A) Front yard, rear yard and lot dimensions shall comply with § 157.208.
(B) Zero lot line units shall have no minimum yard requirements on one side, with ten feet on the opposite side. If a yard is provided where none is required, such yard shall be at least four feet wide. At least 15 feet shall separate a zero lot line development side from adjacent property or street lines.
(C) Maximum lot coverage for a zero lot line unit shall be 50%.
(D) No less than four units shall be allowed in a zero lot line development.
(E) Zero lot line residences shall be constructed against the lot line on one side of the lot; and no windows, doors or other openings shall face this side. Where adjacent zero lot line units are not constructed against a common lot line, the developer shall provide a perpetual wall maintenance easement of four feet in width along the adjacent lot and parallel with such wall.
(F) Manufactured (mobile) homes shall not be considered zero lot line units in any manner whatsoever.
(Prior Code, § 157.040) (Ord. 101-1986, passed 10-7-1986) Penalty, see § 157.999
§ 157.046 HEIGHT REGULATIONS.
The following regulations shall apply in all zoning districts, unless stated otherwise in this chapter.
(A) Chimneys, water tanks, penthouses, towers, scenery lofts, elevator shafts, smokestacks, ornamental spires, wireless or broadcasting towers, cupolas, domes, false mansards, parapet walls and similar structures and necessary structural mechanical appurtenances may be erected to a height 15 feet above the maximum building height indicated by § 157.208.
(B) In locations where adopted airport hazard zoning regulations are applicable, the height of structures shall in addition comply with those requirements.
(C) No other building or structure or appurtenance shall exceed the height limits as set forth in § 157.208, unless the required depth/width of the yards in all directions shall be increased one foot for each one foot of height in excess of the maximum permitted by § 157.208 and further that the City Fire Department shall approve such maximum height extensions where such would involve routine human occupancy or use.
(Prior Code, § 157.041) (Ord. 101-1986, passed 10-7-1986) Penalty, see § 157.999
§ 157.047 OUTDOOR STORAGE.
Where outdoor storage is permitted as a principal or accessory use, the following provisions shall apply.
(A) Storage of vehicles and household items in residential districts shall comply with § 157.040(B).
(B) Storage of items in nonresidential districts (and nonresidential uses in residential districts) shall be completely enclosed by a security fence at least six feet in height. Where such storage area abuts or is within 100 feet of a residential district, it shall be screened from view on residential property. Passenger vehicle storage is exempt from this enclosure/ screening requirement.
(Prior Code, § 157.042) (Ord. 101-1986, passed 10-7-1986) Penalty, see § 157.999
§ 157.048 OUTDOOR ILLUMINATION OF USES.
Outdoor nonresidential lighting facilities and fixtures used to illuminate signs, the exterior of structures, parking areas, or for other purposes shall be so arranged that the source of light does not shine directly into adjacent residential properties and does not interfere with traffic.
(Prior Code, § 157.043) (Ord. 101-1986, passed 10-7-1986) Penalty, see § 157.999
§ 157.049 FLOODPLAIN DEVELOPMENT.
Any construction and or land disturbing activity proposed to take place in a designated flood hazard area requires a separate development permit, and is controlled by the Chapter 152, Flood Damage Prevention.
(Prior Code, § 157.044) (Ord. 101-1986, passed 10-7-1986) Penalty, see § 157.999
§ 157.050 RIGHT-OF-WAY DEVELOPMENT.
(A) Any construction or other development or private land usage within the public rights-of-way is prohibited unless specifically allowed by other provisions of this chapter.
(B) The city recognizes that there are presently various parties using the city’s public right-of-way. Those parties who have obtained city permission for temporary use of the public right-of-way shall maintain any approvals granted by the city. Such permission is subject to the terms of the individual agreement and consistency with this chapter. Parties using the public right-of-way without city approval receive no additional rights through this section.
(1) All changes to existing uses of right-of-way shall require city permission. The zoning chapter remains effective. Permission is subject to a written agreement as required by the Board. The Board authorizes the city Manager to review requested use and recommend agreements to the Board.
(2) Upon recommendation of the City Manager, the Board may approve all future agreements for use of right-of-way. Further, the City Manager may, without Board action, approve a continued limited use of the right-of-way which does not expand the existing use. The City Manager, in his or her discretion, may require the applicant to execute documents which memorialize such use.
(3) Parties who are in arrears on any property taxes or other fees due the city shall not receive permission for use of public rights-of-way. Also, parties who maintain any property violating a Property Maintenance Code shall not receive permission.
(C) The City Manager or his or her designee shall establish administrative procedures for the consistent enforcement of this section. These may include application forms, a reasonable review procedure and approval of the Legal Department of all agreements. The Division of Code Enforcement shall administer this section.
(Prior Code, § 157.045) (Ord. 101-1986, passed 10-7-1986; Ord. 37-1995, passed 3-20-1995) Penalty, see § 157.999
§ 157.051 MIXED USE DEVELOPMENT.
In the B-1, B-2 and B-3 Business Zoning Districts, residential dwelling units developed above or below the ground floor of commercial uses are permitted, and are exempt from the dimensional and parking requirements of this chapter. Such dwelling units shall comply with all other applicable housing and development codes.
(Prior Code, § 157.046) (Ord. 101-1986, passed 10-7-1986; Ord. 116-1988, passed 10-18-1988) Penalty, see § 157.999
§ 157.052 HOME OCCUPATION.
Home occupations as defined in § 157.003 are permitted in all zoning districts, subject to the following conditions.
(A) The occupation or profession shall be conducted entirely within the principal residential structure.
(B) No more than one person outside the resident family shall be employed in the home occupation.
(C) There shall be no outside or accessory building storage; nor any exterior display or other indication of the home occupation, except signs as permitted by Chapter 158.
(D) No more than 25% of the area of one floor of the principal residence shall be devoted to the home occupation.
(E) The sale of products shall be limited to those manufactured on the premises.
(F) The home occupation shall not involve the routine use of commercial vehicles for delivery of materials to and from the premises.
(G) The home occupation shall be designed and operated so that customers (if any) shall be limited to one at a time on the premises.
(Prior Code, § 157.047) (Ord. 101-1986, passed 10-7-1986) Penalty, see § 157.999