Boone County Unincorporated
City Zoning Code

ARTICLE 23

FLORENCE MAIN STREET ZONING STUDY FMS

SECTION 2300 INTENT/PURPOSE

The Florence Main Street (FMS) District consists of an eclectic mix of buildings dating from the 1840s to the 2000s with a range of uses, building types, and architectural styles. The core of pre-1960 structures in Stringtown, as the area was once called, is complemented by later buildings that provide context and reflect the history of Florence Main Street’s development over time. The FMS District and associated development and design standards were originally created in 1994.

After 25 years of development under the 1994 FMS zoning, the City of Florence determined that an update was appropriate and retained three consulting firms to address key issues. Sullebarger Associates updated the historic architectural survey along Main Street and completed additional survey work in adjacent areas. Yard & Company and Calfee Zoning, in conjunction with a committee of Boone County Planning Commission (BCPC) staff, City staff, and architectural-engineering professionals, reviewed and analyzed the 1994 FMS zoning and subsequent impact. These initiatives identified several objectives:

1.
Update ARTICLE 23 text and the zoning map in the zoning regulations.
2.
Expand the FMS district to include additional blocks to the north and south.
3.
Create user-friendly development standards and design requirements.
4.
Revise and streamline the review process to emphasize standards over procedure.
5.
Implement standards that promote an active, walkable, mixed-use district.

The intent of these updated standards and review process is to preserve and protect the existing character of the businesses and residences found along Main Street in Florence, Kentucky, and to promote their continued vitality. Florence Main Street affords the opportunity to create a strong community identity and pedestrian environment; therefore, the zoning should encourage and promote this type of development. The purpose of this zoning district is to:

1.
Provide a mixing of commercial, professional and residential uses.
2.
Establish, protect and promote neighborhood and community identity.
3.
Establish a more urban character that provides needed community services.
4.
Promote and protect pedestrian activity.
5.
Establish and maintain the district as an authentic 24-hour daily destination.

The variety of land uses and authenticity found on Main Street cannot be practically accommodated by the other existing basic zoning districts established. Therefore, the use of the FMS district will promote more flexibility and mixing of uses essential to maintaining the vitality, viability, and character of Main Street.

Effective on: 12/20/2022

SECTION 2301 LOCATION

The original boundaries included in the 1994 Florence Main Street Study, and the proposed new boundaries of the Florence Main Street (FMS) district, are shown on Figure 23-1. The expanded boundary includes all parcels immediately abutting Main Street between Dixie Highway and Turfway Road, all parcels located between Main Street and Dixie Highway, southeast of Main Street, and all parcels oriented toward Girard Street and Shelby Street between Burlington Pike and Main Street.

Figure 23-1
1994 and Proposed FMS

Effective on: 12/20/2022

SECTION 2302 APPLICABILITY AND REVIEW

New Building Construction, Demolition of Buildings, Building Additions

1.
Development proposals shall follow the following process:
1. a.
  Pre-Application Meeting: the applicant shall meet with staff for a pre-application meeting at which the applicant shall present the proposed uses and other project details and staff will inform the applicant of the study’s goals, standards, and recommendations.
2. b.
  The applicant will be required to submit a Certificate of Appropriateness (COA) application. The application shall include a set of plans containing the applicable items of SECTION 3004 and SECTION 403.
3. c.
  Staff will determine if the proposal meets the requirements of this Article as well as the other regulations contained herein.
4. d.
  If staff determines that the COA can be approved, the Zoning Administrator shall provide a copy of the approved application to the applicant.
5. e.
  The applicant will be required to submit a Site Plan application or a Zoning Permit application, as applicable, only when a COA is required.
  1. 1.
    The Site Plan application or the Zoning Permit application can be submitted simultaneously with the COA or after the COA has been approved.
  2. 2.
    The Site Plan application or the Zoning Permit application cannot be approved until the COA has been approved.
6. f.
  If the COA cannot be approved, the Zoning Administrator will provide the applicant with a copy of the denied application, along with the bases of the denial.
  1. 1.
    The applicant may file an appeal to the Board of Adjustment, pursuant to SECTION 203.
7. g.
  A COA shall not be required for ordinary maintenance and repairs intended to correct deterioration, and where no change is made to the appearance of the building or grounds.
  1. 1.
    Ordinary maintenance and repairs include:
    a.
    Building Maintenance Repairs
    A.
    Interior changes not impacting exterior appearance
    B.
    Repainting per PAINT requirements under Design Requirements
    C.
    Caulking, weather-stripping, reglazing windows
    D.
    Replacing window glass, as long as window shape and/or style are not altered
    E.
    Small surface repairs, such as deteriorated siding, porch flooring or steps, or roofing materials as long as replacements match the existing in materials, design, and color
    F.
    Replacement of gutters and downspouts, or existing roof ventilators on rear slopes, as long as the shape and color matches the original element in materials, design, and color
    G.
    Repair or replacement of exterior mechanical equipment (e.g. HVAC), providing there is no change to appearance of the building
    H.
    Installation of house numbers or mailboxes compatible with the original
    b.
    Site Maintenance Repairs
    A.
    Minor landscaping unless the entire yard or site is being replaced
    B.
    Repairs to fences, walks, and driveways as long as replacement materials match the existing or original materials, details, and color
    C.
    Repair of yard or house lighting with the same wattage bulbs

Change of Use, Accessory Structures and Uses, and Signs

1.
For a change of use, the applicant will be required to submit a Tenant Finish Permit application, pursuant to SECTION 400.
2.
For an accessory structure and use, the applicant will be required to submit either a Zoning Permit or a Site Plan.
3.
For a sign, the applicant will be required to submit a Sign Permit application, pursuant to SECTION 3405.

Effective on: 12/20/2022

SECTION 2303 PRINCIPALLY PERMITTED USES

Table 5-6, in Section 505.5 identifies the principally permitted and accessory uses within the FMS district.

Effective on: 12/20/2022

SECTION 2304 CONDITIONAL USES

Table 5-6, in Section 505.5, identifies those uses which are conditionally permitted within the FMS district, subject to the approval and qualifications of the Board of Adjustment provided: a) the activity is an integral and subordinate function of a permitted use, and functions to preserve and protect the existing character of businesses and residences found along Main Street; b) the activity will further add to, not detract from, the creation of a compact, multi-purpose and pedestrian oriented environment; c) the arrangement of use, building, or structure is compatible with the arrangement or organization of permitted and accessory uses which are to be protected in the district.

Effective on: 12/20/2022

SECTION 2305 DEVELOPMENT STANDARDS

The mixing of uses can occur within one building or within multiple buildings located on the same site.

When uses are mixed in the same building, residential uses shall be located on floors above non-residential uses or in the rear of the building.

Minimum Lot Size: None.

Minimum Frontage: None.

Maximum Intensity: None.

Setback Requirements

1.
New construction shall meet the requirements of SECTION 2305.H, Building Typology.
2.
Additions to existing buildings located ten (10) feet or less from the front property line shall meet the requirements of SECTION 2305.H, Building Typology.
3.
Additions to existing buildings located more than ten (10) feet from the front property line shall meet the following requirements:
1. a.
  Front Yard: Ten (10) feet maximum.
2. b.
  Side Yard: None required.
3. c.
  Corner Side Yard: None required.
4. d.
  Rear Yard:
  1. 1.
    Ten (10) feet minimum when a residential use adjoins any other use.
  2. 2.
    Twenty (20) feet minimum when a non-residential use adjoins a residential use.
  3. 3.
    Ten (10) feet minimum when a non-residential use adjoins a non-residential use.

Developments shall comply with the applicable requirements of ARTICLE 31 SUPPLEMENTAL PERFORMANCE STANDARDS.

Building Typology:

1.
The purpose of building typology is to allow flexibility while maintaining a traditional Main Street character and to encourage mixed uses. Building form is emphasized over building use in the FMS District. This subsection presents the standards for building types permitted within the district, primarily in graphic form. Each type is also briefly described and illustrated with photos of representative examples. Use descriptions are illustrative of ways buildings could be used. See Table of Building Typologies.
2.
New construction shall follow one of the defined Building Typology standards set within this Section.
3.
Additions and modifications to existing buildings should follow the standards for the closest corresponding Building Typology as identified in this Section.

Table 23-1
Building Typology

Building Typology	Description	Location Requirement N/A	Signage Requirement N/A	Minimum Ground Floor N/A	Illustration	Examples
Small House	Small single unit principal structure on a small lot that may have office or commercial uses. Usually a small footprint building in a small lot with minimal setbacks, less than three (3) stories high with a gabled roof and front stoop/porch.	Parking Location N/A	Maximum Building Width N/A	Maximum Height 3 stories

Building Typology	Description	Location Requirement N/A	Signage Requirement N/A	Minimum Ground Floor N/A	Illustration	Examples
Large House	Larger principal structure on a medium to large lot that may have two (2) or more dwelling units, office, commercial or mixed uses. Usually a moderate footprint building on a larger lot with deeper setback, at least two (2) stories high with gabled roof and front porch.	Parking Location Rear, Side	Minimum Building Width 60'	Maximum Height 4 stories
Large House		Parking Location Rear, Side	Minimum Building Width 60'	Maximum Height 4 stories

Building Typology	Description	Location Requirement N/A	Signage Requirement N/A	Minimum Ground Floor 12'	Illustration	Examples
Multi- Plex	Multi-unit, multi-story, residential structure with a minimum of four 94) units that may have ground floor storefronts. This type includes multi-unit residential developments of all sizes within the district. Typically at least two (2) stories with minimal setback, flat roof, horizontal windows and prominent entrance.	Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height 4 stories
Multi- Plex		Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height 4 stories

Building Typology	Description	Location Requirement Main Street, Shelby Street, Girard Street	Signage Requirement No Awning, Canopy, Window Signs	Minimum Ground Floor 12'	Illustration	Examples
Civic	Small to large principal structure typically built for public uses such as government, churches, libraries and schools. Variable lot size and includes a broad range of building sizes/styles, frequently with a grand entrance and/or landscaped approach.	Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height N/A
Civic		Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height N/A

Building Typology	Description	Location Requirements Main Street, Shelby Street, Girard Street	Signage Requirement No Free Standing Signs	Minimum Ground Floor 12'	Illustration	Examples
Main Street Mixed Use	Medium to large structure, typically attached, intended to provide mixed uses with ground level retail or service uses and upper floor services or residential. At least two (2), often differentiated, stories with a flat or parapet roof and vertical emphasis, including windows. This type is suited to the central part of the district including Main Street frontages and the blocks to the north along Shelby and Girard Streets (see Figure 23-2).	Parking Location Rear, Side	Maximum Building Width 120'	Maximum Height 4 stories
Main Street Mixed Use		Parking Location Rear, Side	Maximum Building Width 120'	Maximum Height 4 stories

Building Typology	Description	Location Requirement Dixie Highway, main Street (2+ story only)	Signage Requirement Monument Signs on Dixie Highway only	Minimum Ground Floor 12'	Illustration	Examples
Flex	Medium to larger principal structure, usually detached, 1 - 3 stories tall on a large lot with parking. Building forms are typically boxy with flat or low pitched roofs. They may be single use or mixed use with vertical mix of uses such as ground floor industrial, service, or retail uses and upper floor service or residential. This type includes one (1) story commercial buildings on Dixie Highway and Main Street; new buildings on Main Street must be a minimum of two (2) stories.	Parking Location Rear, Side	Maximum Building Width 80'	Maximum Height 3 stories
Flex		Parking Location Rear, Side	Maximum Building Width 80'	Maximum Height 3 stories

Building Typology	Description	Location Requirement Accessory Only	Signage Requirement No Free Standing Signs	Minimum Ground Floor N/A	Illustration	Examples
Carriage House	A detached accessory structure at the rear of a lot that may be residential, home office, small commercial, mixed use or accessory to such functions. They usually echo the principal structure in both form and style.	Parking Location Side, Front	Maximum Building Width 36'	Maximum Height 2 stories
Carriage House		Parking Location Side, Front	Maximum Building Width 36'	Maximum Height 2 stories

Table 23-1
Building Typology

Building Typology	Description	Location Requirement N/A	Signage Requirement N/A	Minimum Ground Floor N/A	Illustration	Examples
Small House	Small single unit principal structure on a small lot that may have office or commercial uses. Usually a small footprint building in a small lot with minimal setbacks, less than three (3) stories high with a gabled roof and front stoop/porch.	Parking Location N/A	Maximum Building Width N/A	Maximum Height 3 stories

Building Typology	Description	Location Requirement N/A	Signage Requirement N/A	Minimum Ground Floor N/A	Illustration	Examples
Large House	Larger principal structure on a medium to large lot that may have two (2) or more dwelling units, office, commercial or mixed uses. Usually a moderate footprint building on a larger lot with deeper setback, at least two (2) stories high with gabled roof and front porch.	Parking Location Rear, Side	Minimum Building Width 60'	Maximum Height 4 stories
Large House		Parking Location Rear, Side	Minimum Building Width 60'	Maximum Height 4 stories

Building Typology	Description	Location Requirement N/A	Signage Requirement N/A	Minimum Ground Floor 12'	Illustration	Examples
Multi- Plex	Multi-unit, multi-story, residential structure with a minimum of four 94) units that may have ground floor storefronts. This type includes multi-unit residential developments of all sizes within the district. Typically at least two (2) stories with minimal setback, flat roof, horizontal windows and prominent entrance.	Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height 4 stories
Multi- Plex		Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height 4 stories

Building Typology	Description	Location Requirement Main Street, Shelby Street, Girard Street	Signage Requirement No Awning, Canopy, Window Signs	Minimum Ground Floor 12'	Illustration	Examples
Civic	Small to large principal structure typically built for public uses such as government, churches, libraries and schools. Variable lot size and includes a broad range of building sizes/styles, frequently with a grand entrance and/or landscaped approach.	Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height N/A
Civic		Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height N/A

Building Typology	Description	Location Requirements Main Street, Shelby Street, Girard Street	Signage Requirement No Free Standing Signs	Minimum Ground Floor 12'	Illustration	Examples
Main Street Mixed Use	Medium to large structure, typically attached, intended to provide mixed uses with ground level retail or service uses and upper floor services or residential. At least two (2), often differentiated, stories with a flat or parapet roof and vertical emphasis, including windows. This type is suited to the central part of the district including Main Street frontages and the blocks to the north along Shelby and Girard Streets (see Figure 23-2).	Parking Location Rear, Side	Maximum Building Width 120'	Maximum Height 4 stories
Main Street Mixed Use		Parking Location Rear, Side	Maximum Building Width 120'	Maximum Height 4 stories

Building Typology	Description	Location Requirement Dixie Highway, main Street (2+ story only)	Signage Requirement Monument Signs on Dixie Highway only	Minimum Ground Floor 12'	Illustration	Examples
Flex	Medium to larger principal structure, usually detached, 1 - 3 stories tall on a large lot with parking. Building forms are typically boxy with flat or low pitched roofs. They may be single use or mixed use with vertical mix of uses such as ground floor industrial, service, or retail uses and upper floor service or residential. This type includes one (1) story commercial buildings on Dixie Highway and Main Street; new buildings on Main Street must be a minimum of two (2) stories.	Parking Location Rear, Side	Maximum Building Width 80'	Maximum Height 3 stories
Flex		Parking Location Rear, Side	Maximum Building Width 80'	Maximum Height 3 stories

Building Typology	Description	Location Requirement Accessory Only	Signage Requirement No Free Standing Signs	Minimum Ground Floor N/A	Illustration	Examples
Carriage House	A detached accessory structure at the rear of a lot that may be residential, home office, small commercial, mixed use or accessory to such functions. They usually echo the principal structure in both form and style.	Parking Location Side, Front	Maximum Building Width 36'	Maximum Height 2 stories
Carriage House		Parking Location Side, Front	Maximum Building Width 36'	Maximum Height 2 stories

Table 23-1
Building Typology

Building Typology	Description	Location Requirement N/A	Signage Requirement N/A	Minimum Ground Floor N/A	Illustration	Examples
Small House	Small single unit principal structure on a small lot that may have office or commercial uses. Usually a small footprint building in a small lot with minimal setbacks, less than three (3) stories high with a gabled roof and front stoop/porch.	Parking Location N/A	Maximum Building Width N/A	Maximum Height 3 stories

Building Typology	Description	Location Requirement N/A	Signage Requirement N/A	Minimum Ground Floor N/A	Illustration	Examples
Large House	Larger principal structure on a medium to large lot that may have two (2) or more dwelling units, office, commercial or mixed uses. Usually a moderate footprint building on a larger lot with deeper setback, at least two (2) stories high with gabled roof and front porch.	Parking Location Rear, Side	Minimum Building Width 60'	Maximum Height 4 stories
Large House		Parking Location Rear, Side	Minimum Building Width 60'	Maximum Height 4 stories

Building Typology	Description	Location Requirement N/A	Signage Requirement N/A	Minimum Ground Floor 12'	Illustration	Examples
Multi- Plex	Multi-unit, multi-story, residential structure with a minimum of four 94) units that may have ground floor storefronts. This type includes multi-unit residential developments of all sizes within the district. Typically at least two (2) stories with minimal setback, flat roof, horizontal windows and prominent entrance.	Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height 4 stories
Multi- Plex		Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height 4 stories

Building Typology	Description	Location Requirement Main Street, Shelby Street, Girard Street	Signage Requirement No Awning, Canopy, Window Signs	Minimum Ground Floor 12'	Illustration	Examples
Civic	Small to large principal structure typically built for public uses such as government, churches, libraries and schools. Variable lot size and includes a broad range of building sizes/styles, frequently with a grand entrance and/or landscaped approach.	Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height N/A
Civic		Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height N/A

Building Typology	Description	Location Requirements Main Street, Shelby Street, Girard Street	Signage Requirement No Free Standing Signs	Minimum Ground Floor 12'	Illustration	Examples
Main Street Mixed Use	Medium to large structure, typically attached, intended to provide mixed uses with ground level retail or service uses and upper floor services or residential. At least two (2), often differentiated, stories with a flat or parapet roof and vertical emphasis, including windows. This type is suited to the central part of the district including Main Street frontages and the blocks to the north along Shelby and Girard Streets (see Figure 23-2).	Parking Location Rear, Side	Maximum Building Width 120'	Maximum Height 4 stories
Main Street Mixed Use		Parking Location Rear, Side	Maximum Building Width 120'	Maximum Height 4 stories

Building Typology	Description	Location Requirement Dixie Highway, main Street (2+ story only)	Signage Requirement Monument Signs on Dixie Highway only	Minimum Ground Floor 12'	Illustration	Examples
Flex	Medium to larger principal structure, usually detached, 1 - 3 stories tall on a large lot with parking. Building forms are typically boxy with flat or low pitched roofs. They may be single use or mixed use with vertical mix of uses such as ground floor industrial, service, or retail uses and upper floor service or residential. This type includes one (1) story commercial buildings on Dixie Highway and Main Street; new buildings on Main Street must be a minimum of two (2) stories.	Parking Location Rear, Side	Maximum Building Width 80'	Maximum Height 3 stories
Flex		Parking Location Rear, Side	Maximum Building Width 80'	Maximum Height 3 stories

Building Typology	Description	Location Requirement Accessory Only	Signage Requirement No Free Standing Signs	Minimum Ground Floor N/A	Illustration	Examples
Carriage House	A detached accessory structure at the rear of a lot that may be residential, home office, small commercial, mixed use or accessory to such functions. They usually echo the principal structure in both form and style.	Parking Location Side, Front	Maximum Building Width 36'	Maximum Height 2 stories
Carriage House		Parking Location Side, Front	Maximum Building Width 36'	Maximum Height 2 stories

Table 23-1
Building Typology

Building Typology	Description	Location Requirement N/A	Signage Requirement N/A	Minimum Ground Floor N/A	Illustration	Examples
Small House	Small single unit principal structure on a small lot that may have office or commercial uses. Usually a small footprint building in a small lot with minimal setbacks, less than three (3) stories high with a gabled roof and front stoop/porch.	Parking Location N/A	Maximum Building Width N/A	Maximum Height 3 stories

Building Typology	Description	Location Requirement N/A	Signage Requirement N/A	Minimum Ground Floor N/A	Illustration	Examples
Large House	Larger principal structure on a medium to large lot that may have two (2) or more dwelling units, office, commercial or mixed uses. Usually a moderate footprint building on a larger lot with deeper setback, at least two (2) stories high with gabled roof and front porch.	Parking Location Rear, Side	Minimum Building Width 60'	Maximum Height 4 stories
Large House		Parking Location Rear, Side	Minimum Building Width 60'	Maximum Height 4 stories

Building Typology	Description	Location Requirement N/A	Signage Requirement N/A	Minimum Ground Floor 12'	Illustration	Examples
Multi- Plex	Multi-unit, multi-story, residential structure with a minimum of four 94) units that may have ground floor storefronts. This type includes multi-unit residential developments of all sizes within the district. Typically at least two (2) stories with minimal setback, flat roof, horizontal windows and prominent entrance.	Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height 4 stories
Multi- Plex		Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height 4 stories

Building Typology	Description	Location Requirement Main Street, Shelby Street, Girard Street	Signage Requirement No Awning, Canopy, Window Signs	Minimum Ground Floor 12'	Illustration	Examples
Civic	Small to large principal structure typically built for public uses such as government, churches, libraries and schools. Variable lot size and includes a broad range of building sizes/styles, frequently with a grand entrance and/or landscaped approach.	Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height N/A
Civic		Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height N/A

Building Typology	Description	Location Requirements Main Street, Shelby Street, Girard Street	Signage Requirement No Free Standing Signs	Minimum Ground Floor 12'	Illustration	Examples
Main Street Mixed Use	Medium to large structure, typically attached, intended to provide mixed uses with ground level retail or service uses and upper floor services or residential. At least two (2), often differentiated, stories with a flat or parapet roof and vertical emphasis, including windows. This type is suited to the central part of the district including Main Street frontages and the blocks to the north along Shelby and Girard Streets (see Figure 23-2).	Parking Location Rear, Side	Maximum Building Width 120'	Maximum Height 4 stories
Main Street Mixed Use		Parking Location Rear, Side	Maximum Building Width 120'	Maximum Height 4 stories

Building Typology	Description	Location Requirement Dixie Highway, main Street (2+ story only)	Signage Requirement Monument Signs on Dixie Highway only	Minimum Ground Floor 12'	Illustration	Examples
Flex	Medium to larger principal structure, usually detached, 1 - 3 stories tall on a large lot with parking. Building forms are typically boxy with flat or low pitched roofs. They may be single use or mixed use with vertical mix of uses such as ground floor industrial, service, or retail uses and upper floor service or residential. This type includes one (1) story commercial buildings on Dixie Highway and Main Street; new buildings on Main Street must be a minimum of two (2) stories.	Parking Location Rear, Side	Maximum Building Width 80'	Maximum Height 3 stories
Flex		Parking Location Rear, Side	Maximum Building Width 80'	Maximum Height 3 stories

Building Typology	Description	Location Requirement Accessory Only	Signage Requirement No Free Standing Signs	Minimum Ground Floor N/A	Illustration	Examples
Carriage House	A detached accessory structure at the rear of a lot that may be residential, home office, small commercial, mixed use or accessory to such functions. They usually echo the principal structure in both form and style.	Parking Location Side, Front	Maximum Building Width 36'	Maximum Height 2 stories
Carriage House		Parking Location Side, Front	Maximum Building Width 36'	Maximum Height 2 stories

Figure 23-2
Main Street Mixed-Use Boundary

Figure 23-2
Main Street Mixed-Use Boundary

Figure 23-2
Main Street Mixed-Use Boundary

Figure 23-2
Main Street Mixed-Use Boundary

I.
Fences
1. 1.
  Fences shall meet the requirements of SECTION 3655, except as modified herein.
2. 2.
  Fences shall be compatible with the design and material of the building and block. Cast iron, dark architectural steel, or milled wood “picket” style fences are most appropriate in front yards.
3. 3.
  Chain link, plastic, PVC, split rail and other “rustic” wood, unmilled dimensional lumber, and similar materials shall be prohibited.
4. 4.
  Fences shall be designed to have an opacity of fifty percent (50%) or less.
5. 5.
  Fences and walls having a height of forty-two (42) inches or less shall be permitted in front yards.
6. 6.
  Fences and walls having a height greater than forty-two (42) inches shall be permitted for an enclosed courtyard.
J.
Landscaping
1. 1.
  Landscaping shall meet the applicable requirements of ARTICLE 36.
  1. a.
    Buffer yard widths identified in ARTICLE 36 shall not be required to exceed setback requirement of ARTICLE 23.
  2. b.
    All other provisions of ARTICLE 36 shall be met.
K.
Parking
1. 1.
  Parking shall meet the requirements of ARTICLE 33, except as modified herein. Fractional parking space numbers shall be increased to the next whole number.
  1. a.
    Residential (one bedroom units or studio units): 1.5 spaces per unit
  2. b.
    Residential (two or more bedroom units): 2 spaces per unit
  3. c.
    Lodging: 1 space per guest room or suite
  4. d.
    Office: 1 space per 500 square feet of gross floor area
  5. e.
    Retail: 1 space per 500 square feet of gross floor area
  6. f.
    Cultural exhibits, religious assembly, theaters, auditoriums: 1 space per 6 seats that are used simultaneously
  7. g.
    Eating and drinking establishments: 1 space per 4 seats, indoor dining only
2. 2.
  Non-residential uses that are located within six hundred fifty (650) feet of a municipal parking lot shall be allowed to reduce their required parking by a maximum of ten percent (10%).
3. 3.
  Joint use agreements, per SECTION 3320, may be used to meet the required parking space requirements.

Effective on: 12/20/2022

SECTION 2306 DESIGN REQUIREMENTS

The purpose of the Design Requirements is to provide a unified direction for new construction and alterations to existing buildings while maintaining the eclectic historic character of Main Street in terms of scale, rhythm, and massing. New construction should not attempt to recreate a particular historical time period or architectural style. This Section is designed to help make Main Street a pleasant, accessible, and authentic place for residents, visitors and business owners.

The Design Requirements listed herein supersede the normal requirements of the zoning regulations. When specific design requirements are not identified, the regulations of this ordinance shall apply.

The Zoning Administrator will have the authority to consider minor adjustments to individual design elements of a proposal, provided the adjustment will create an equivalent or superior solution to the element in question, and the proposal does not diminish the design character which would otherwise be created by adherence to the stated requirement.

General maintenance and repair, including some routine maintenance or repair requires regulation to ensure that original materials are not damaged in the process.

Requirements – Rehabilitation and Maintenance, Major Additions, and Minor Additions.

1.
When possible, historically significant structures and details should be maintained or rehabilitated rather than replaced, demolished or rebuilt.
2.
The Zoning Administrator may allow the use of alternative renovation and maintenance strategies, not listed herein, and not specifically prohibited if it is demonstrated by the applicant that the methods will produce an equivalent or superior solution to the requirement in question without compromising or significantly altering the structure or building detail.
3.
Rehabilitation and Maintenance. The following shall be utilized when a COA is required:
1. a.
  Masonry
  1. 1.
    Permitted renovation and maintenance strategies and materials include:
    a.
    Cleaning only when necessary, preferably with low-pressure water
    b.
    Repainting previously painted masonry
    c.
    Use of mortar mixes compatible with the original in color, texture and composition
  2. 2.
    Prohibited renovation and maintenance strategies and materials include:
    a.
    Sandblasting or harsh chemical cleaning
    b.
    Painting previously unpainted masonry and use of sealants in most instances
    c.
    Covering original masonry with any type of siding or stucco
    d.
    Replacing missing brick with an incompatible alternate material
    e.
    Mortar type, color, width, profile, texture, or composition differing from the original
2. b.
  Materials
  1. 1.
    Permitted renovation and maintenance strategies and materials:
    a.
    Replacement siding matching the original in width, profile, or texture
    b.
    Cementitious board when replacing wall areas previously covered with synthetic siding
    c.
    Preservation of architectural details such as cornices, lintels, corner board, and posts
  2. 2.
    Prohibited renovation and maintenance strategies and materials:
    a.
    Replacing repairable wood siding
    b.
    Synthetic siding including vinyl, aluminum, composite shingle, formstone, brick veneer, synthetic stucco, and EIFS
    c.
    Replacement siding with not matching the original in width, profile or texture
    d.
    Re-finishing painted woodwork for a “natural” look
    e.
    Covering or altering historic details
3. c.
  Roofs and Gutters
  1. 1.
    Permitted renovation and maintenance strategies and materials include:
    a.
    Maintaining original roof form and materials
    b.
    Replacement roof coverings that match the original (standing seam metal, slate, tile, etc.)
    c.
    Inconspicuous locations for roof mounted equipment
    d.
    Retention and reconstruction of box gutters
    e.
    Painting gutters and downspouts to match building trim, unless copper is used
  2. 2.
    Prohibited renovation and maintenance strategies and materials include:
    a.
    Altering roof pitch or raising roof height
    b.
    New roofing materials that obscure architectural details such as chimneys, dormers, or brackets
    c.
    New dormers or skylights visible from the public ROW
    d.
    Replacing box gutters with the possible exception in extreme cases of half-round gutters on side and rear facades
4. d.
  Windows, Doors and Shutters
  1. 1.
    Permitted renovation and maintenance strategies and materials include:
    a.
    Replacements matching originals in size, design, and materials
    b.
    Storm windows of anodized aluminum or baked enamel with finish to match window frames
    c.
    Storm doors with large expanses of glass and made of wood or dark anodized metal
    d.
    Wooden screen doors
  2. 2.
    Prohibited renovation and maintenance strategies and materials include:
    a.
    Replacing repairable historic doors and windows
    b.
    Using tinted or solarized glass
    c.
    Changing window glazing pattern or size
    d.
    Infilling window or door openings or changing the size of openings
    e.
    Obscuring historic windows with storm windows
5. e.
  Porches and Awnings
  1. 1.
    Permitted renovation and maintenance strategies and materials include:
    a.
    Replacement porch design and materials match the original, including railings, supports, and roof form
    b.
    Reconstruction based on historic photos and approved materials
    c.
    New porches and decks may be appropriate when not visible from the public ROW
    d.
    Fabric or canvas awnings that do not obscure architectural details may be appropriate
  2. 2.
    Prohibited renovation and maintenance strategies and materials include:
    a.
    Adding, removing or replacing historic porches and elements
    b.
    Enclosing a porch to create an interior space
    c.
    Reroofing a porch with a different material
    d.
    Repairs with non-matching new materials including vinyl, aluminum, and dimensional lumber
    e.
    Internally lit awnings or canopies
    f.
    Metal awnings, with the exception of some mid-20th Century buildings
6. f.
  Paint
  1. 1.
    Permitted renovation and maintenance strategies and materials include:
    a.
    Painting previously unpainted masonry or wood
    b.
    Gentle cleaning of existing paint in good condition as an alternative to repainting
    c.
    Surface prep by low impact methods such as scraping and sanding when possible
  2. 2.
    Prohibited renovation and maintenance strategies and materials include:
    a.
    Use of intense bright colors such as fluorescents on walls and trim or dark colors (e.g., black) on walls
    b.
    Potentially destructive paint removal by methods such as sandblasting or blow torch
    c.
    Artistic murals not approved by the City of Florence
4.
Site Improvements and Maintenance - Any site improvement or maintenance requiring a COA shall adhere to the following:
1. a.
  Driveways and Parking Areas
  1. 1.
    Permitted renovation and maintenance strategies and materials include:
    a.
    Parking screened per ARTICLE 31
    b.
    Parking areas that maintain the setback of their respective block
    c.
    New parking areas and garages located behind the principal building with driveway to the rear
  2. 2.
    Prohibited renovation and maintenance strategies and materials include:
    a.
    Parking that obscures primary facades of historic buildings
    b.
    Circular driveways or small frontage parking pads
    c.
    Removing historic buildings to provide parking
    d.
    Parking located in the front of the primary façade or on the ground floor in the front
2. b.
  Access Modifications (Ramps and Fire Escapes)
  1. 1.
    The design of additional means of access to meet safety or ADA requirements shall be compatible with the historic building being accessed. Work shall not obscure, change, or destroy character-defining features.
    a.
    Ramps shall be sited alongside facades with entrances on the front whenever possible
    b.
    Fire escapes shall be located on side or rear facades
    c.
    Ramps visible from the public right-of-way shall be of concrete or masonry materials with metal or wood handrails
    d.
    Railing elements of ramps and fire escapes shall not be utilitarian or overly ornate but stylistically appropriate to the building they serve
    e.
    Ramps and fire escapes shall be installed without damaging or removing historic building materials and shall be reversible
    f.
    In some cases, interior modifications such as elevators may be more feasible than exterior access modifications
3. c.
  Lighting Fixtures
  1. 1.
    See SECTION 3316 for lighting requirements. Lighting fixtures on buildings shall not detract from the building or general character of the street. While lighting should be sufficient for safety needs, it shall be carefully planned and adhere to the following:
    a.
    When present, existing historic light fixtures shall be preserved
    b.
    New light fixtures shall be contemporary in design and/or based on existing historic examples within the district
    c.
    Designs shall be compatible with the building’s age and style
    d.
    Fixtures shall be made of brass, copper, iron or painted metal
    e.
    New lighting designs which evoke a false sense of history (such as “Colonial Williamsburg” style carriage lights on a mid-20th Century building) shall be prohibited
    f.
    When necessary, security and foot lighting shall be unobtrusive and installed on secondary facades
5.
Additions
1. a.
  Minor Additions
  1. 1.
    Minor work shall consist of cosmetic alterations to the front or side of a building or rear additions that increase the original structure’s square footage by less than fifty percent (50%)
  2. 2.
    Major work shall consist of new construction, any addition to the front or side façade of a building, or rear additions that increase the original structure’s square footage by fifty percent (50%) or more
2. b.
  Major Additions: The design of major additions to historic buildings shall consider the block-level factors for new construction, but focus more closely on the building to be modified. In addition, major additions shall:
  1. 1.
    Follow the Building Typology in this Article unless incompatible with existing structures on the block or functionally incompatible with the site
  2. 2.
    Be contemporary in design and compatible with the building, while being clearly differentiated from it
  3. 3.
    Not damage or remove existing historic materials and be designed to avoid compromising the building form/materials if removed in the future
  4. 4.
    Conform to the materials requirements specified in the above design requirements
  5. 5.
    Avoid the front façade or readily visible side façade of a building
  6. 6.
    Additions visible from the public right-of-way shall be treated in a more formal architectural manner, be complementary in design yet differentiated from the main building yet compatible with the historic materials, features, size, proportion and massing (this requirement is only for additions that are visible from the public right-of-way)
  7. 7.
    Follow existing roof lines, materials, style and massing of the building
  8. 8.
    Not re-orient the building’s primary entrance from the front to the side or rear unless located on a corner lot, within a courtyard cluster of re-development, or when dividing multiple use spaces within a single building as determined appropriate by the Zoning Administrator
6.
New Construction
1. a.
  Preservation of the character and defining features of the FMS does not prohibit new construction, either as infill development or replacement. However, the design of new construction shall consider the existing visual characteristics of the block and adjacent buildings. Key factors include building shape, age, setback, architectural style, height, width, materials, detailing, roof form, spacing of window and door openings, and floor-to-ceiling heights.
2. b.
  The design of new construction shall consider the existing visual characteristics of the block and adjacent buildings. Key factors include building shape, age, setback, architectural style, height, width, materials, detailing, roof form, spacing of window and door openings, and floor-to-ceiling heights.
3. c.
  New Construction: New construction shall:
  1. 1.
    Follow the Building Typology in this Article unless incompatible with existing structures on the block or functionally incompatible with the site
  2. 2.
    Be contemporary in design but compatible with existing buildings on the block in design and form, respecting building scale, proportion, character and materials
  3. 3.
    Not mimic historic styles or create a false sense of history
  4. 4.
    Conform to the materials requirements specified in the above design requirements
  5. 5.
    Screen HVAC and other mechanical equipment pursuant to SECTION 3635
7.
Demolition
1. a.
  Demolition of historic structures (those over 50 years at the time of application) in the Florence Main Street District is discouraged. All alternatives shall be explored before demolition is considered. Proposed demolition of a building in the FMS District will require a Certificate of Appropriateness as well as a Demolition Permit from the Boone County Building Inspector. A demolition permit shall not be issued until the COA has been approved.
  1. 1.
    The demolition of a building will be allowed only when one or more of the following factors applies:
    a.
    Demolition has been ordered by a public official for public health and safety reasons
    b.
    The owner can demonstrate, to the satisfaction of the Zoning Administrator, that the building cannot be reused, or that its full or partial use will not bring a reasonable economic return
    c.
    The demolition request pertains to an accessory structure of a different period, inappropriate addition or other structure that the Zoning Administrator deems non-contributing to the district’s historic significance
    d.
    Demolition will be allowed if it can be shown that this action will not have a negative or adverse impact on the integrity of the FMS District
    e.
    The demolition is consistent with plans or policies adopted by the City of Florence

Effective on: 12/20/2022

Boone County Unincorporated
City Zoning Code

ARTICLE 23

FLORENCE MAIN STREET ZONING STUDY FMS

SECTION 2300 INTENT/PURPOSE

1.
Update ARTICLE 23 text and the zoning map in the zoning regulations.
2.
Expand the FMS district to include additional blocks to the north and south.
3.
Create user-friendly development standards and design requirements.
4.
Revise and streamline the review process to emphasize standards over procedure.
5.
Implement standards that promote an active, walkable, mixed-use district.

1.
Provide a mixing of commercial, professional and residential uses.
2.
Establish, protect and promote neighborhood and community identity.
3.
Establish a more urban character that provides needed community services.
4.
Promote and protect pedestrian activity.
5.
Establish and maintain the district as an authentic 24-hour daily destination.

Effective on: 12/20/2022

SECTION 2301 LOCATION

Figure 23-1
1994 and Proposed FMS

Effective on: 12/20/2022

SECTION 2302 APPLICABILITY AND REVIEW

New Building Construction, Demolition of Buildings, Building Additions

1.
Development proposals shall follow the following process:
1. a.
  Pre-Application Meeting: the applicant shall meet with staff for a pre-application meeting at which the applicant shall present the proposed uses and other project details and staff will inform the applicant of the study’s goals, standards, and recommendations.
2. b.
  The applicant will be required to submit a Certificate of Appropriateness (COA) application. The application shall include a set of plans containing the applicable items of SECTION 3004 and SECTION 403.
3. c.
  Staff will determine if the proposal meets the requirements of this Article as well as the other regulations contained herein.
4. d.
  If staff determines that the COA can be approved, the Zoning Administrator shall provide a copy of the approved application to the applicant.
5. e.
  The applicant will be required to submit a Site Plan application or a Zoning Permit application, as applicable, only when a COA is required.
  1. 1.
    The Site Plan application or the Zoning Permit application can be submitted simultaneously with the COA or after the COA has been approved.
  2. 2.
    The Site Plan application or the Zoning Permit application cannot be approved until the COA has been approved.
6. f.
  If the COA cannot be approved, the Zoning Administrator will provide the applicant with a copy of the denied application, along with the bases of the denial.
  1. 1.
    The applicant may file an appeal to the Board of Adjustment, pursuant to SECTION 203.
7. g.
  A COA shall not be required for ordinary maintenance and repairs intended to correct deterioration, and where no change is made to the appearance of the building or grounds.
  1. 1.
    Ordinary maintenance and repairs include:
    a.
    Building Maintenance Repairs
    A.
    Interior changes not impacting exterior appearance
    B.
    Repainting per PAINT requirements under Design Requirements
    C.
    Caulking, weather-stripping, reglazing windows
    D.
    Replacing window glass, as long as window shape and/or style are not altered
    E.
    Small surface repairs, such as deteriorated siding, porch flooring or steps, or roofing materials as long as replacements match the existing in materials, design, and color
    F.
    Replacement of gutters and downspouts, or existing roof ventilators on rear slopes, as long as the shape and color matches the original element in materials, design, and color
    G.
    Repair or replacement of exterior mechanical equipment (e.g. HVAC), providing there is no change to appearance of the building
    H.
    Installation of house numbers or mailboxes compatible with the original
    b.
    Site Maintenance Repairs
    A.
    Minor landscaping unless the entire yard or site is being replaced
    B.
    Repairs to fences, walks, and driveways as long as replacement materials match the existing or original materials, details, and color
    C.
    Repair of yard or house lighting with the same wattage bulbs

Change of Use, Accessory Structures and Uses, and Signs

1.
For a change of use, the applicant will be required to submit a Tenant Finish Permit application, pursuant to SECTION 400.
2.
For an accessory structure and use, the applicant will be required to submit either a Zoning Permit or a Site Plan.
3.
For a sign, the applicant will be required to submit a Sign Permit application, pursuant to SECTION 3405.

Effective on: 12/20/2022

SECTION 2303 PRINCIPALLY PERMITTED USES

Table 5-6, in Section 505.5 identifies the principally permitted and accessory uses within the FMS district.

Effective on: 12/20/2022

SECTION 2304 CONDITIONAL USES

Effective on: 12/20/2022

SECTION 2305 DEVELOPMENT STANDARDS

The mixing of uses can occur within one building or within multiple buildings located on the same site.

When uses are mixed in the same building, residential uses shall be located on floors above non-residential uses or in the rear of the building.

Minimum Lot Size: None.

Minimum Frontage: None.

Maximum Intensity: None.

Setback Requirements

1.
New construction shall meet the requirements of SECTION 2305.H, Building Typology.
2.
Additions to existing buildings located ten (10) feet or less from the front property line shall meet the requirements of SECTION 2305.H, Building Typology.
3.
Additions to existing buildings located more than ten (10) feet from the front property line shall meet the following requirements:
1. a.
  Front Yard: Ten (10) feet maximum.
2. b.
  Side Yard: None required.
3. c.
  Corner Side Yard: None required.
4. d.
  Rear Yard:
  1. 1.
    Ten (10) feet minimum when a residential use adjoins any other use.
  2. 2.
    Twenty (20) feet minimum when a non-residential use adjoins a residential use.
  3. 3.
    Ten (10) feet minimum when a non-residential use adjoins a non-residential use.

Developments shall comply with the applicable requirements of ARTICLE 31 SUPPLEMENTAL PERFORMANCE STANDARDS.

Building Typology:

1.
The purpose of building typology is to allow flexibility while maintaining a traditional Main Street character and to encourage mixed uses. Building form is emphasized over building use in the FMS District. This subsection presents the standards for building types permitted within the district, primarily in graphic form. Each type is also briefly described and illustrated with photos of representative examples. Use descriptions are illustrative of ways buildings could be used. See Table of Building Typologies.
2.
New construction shall follow one of the defined Building Typology standards set within this Section.
3.
Additions and modifications to existing buildings should follow the standards for the closest corresponding Building Typology as identified in this Section.

Table 23-1
Building Typology

Building Typology	Description	Location Requirement N/A	Signage Requirement N/A	Minimum Ground Floor N/A	Illustration	Examples
Small House	Small single unit principal structure on a small lot that may have office or commercial uses. Usually a small footprint building in a small lot with minimal setbacks, less than three (3) stories high with a gabled roof and front stoop/porch.	Parking Location N/A	Maximum Building Width N/A	Maximum Height 3 stories

Building Typology	Description	Location Requirement N/A	Signage Requirement N/A	Minimum Ground Floor N/A	Illustration	Examples
Large House	Larger principal structure on a medium to large lot that may have two (2) or more dwelling units, office, commercial or mixed uses. Usually a moderate footprint building on a larger lot with deeper setback, at least two (2) stories high with gabled roof and front porch.	Parking Location Rear, Side	Minimum Building Width 60'	Maximum Height 4 stories
Large House		Parking Location Rear, Side	Minimum Building Width 60'	Maximum Height 4 stories

Building Typology	Description	Location Requirement N/A	Signage Requirement N/A	Minimum Ground Floor 12'	Illustration	Examples
Multi- Plex	Multi-unit, multi-story, residential structure with a minimum of four 94) units that may have ground floor storefronts. This type includes multi-unit residential developments of all sizes within the district. Typically at least two (2) stories with minimal setback, flat roof, horizontal windows and prominent entrance.	Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height 4 stories
Multi- Plex		Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height 4 stories

Building Typology	Description	Location Requirement Main Street, Shelby Street, Girard Street	Signage Requirement No Awning, Canopy, Window Signs	Minimum Ground Floor 12'	Illustration	Examples
Civic	Small to large principal structure typically built for public uses such as government, churches, libraries and schools. Variable lot size and includes a broad range of building sizes/styles, frequently with a grand entrance and/or landscaped approach.	Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height N/A
Civic		Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height N/A

Building Typology	Description	Location Requirements Main Street, Shelby Street, Girard Street	Signage Requirement No Free Standing Signs	Minimum Ground Floor 12'	Illustration	Examples
Main Street Mixed Use	Medium to large structure, typically attached, intended to provide mixed uses with ground level retail or service uses and upper floor services or residential. At least two (2), often differentiated, stories with a flat or parapet roof and vertical emphasis, including windows. This type is suited to the central part of the district including Main Street frontages and the blocks to the north along Shelby and Girard Streets (see Figure 23-2).	Parking Location Rear, Side	Maximum Building Width 120'	Maximum Height 4 stories
Main Street Mixed Use		Parking Location Rear, Side	Maximum Building Width 120'	Maximum Height 4 stories

Building Typology	Description	Location Requirement Dixie Highway, main Street (2+ story only)	Signage Requirement Monument Signs on Dixie Highway only	Minimum Ground Floor 12'	Illustration	Examples
Flex	Medium to larger principal structure, usually detached, 1 - 3 stories tall on a large lot with parking. Building forms are typically boxy with flat or low pitched roofs. They may be single use or mixed use with vertical mix of uses such as ground floor industrial, service, or retail uses and upper floor service or residential. This type includes one (1) story commercial buildings on Dixie Highway and Main Street; new buildings on Main Street must be a minimum of two (2) stories.	Parking Location Rear, Side	Maximum Building Width 80'	Maximum Height 3 stories
Flex		Parking Location Rear, Side	Maximum Building Width 80'	Maximum Height 3 stories

Building Typology	Description	Location Requirement Accessory Only	Signage Requirement No Free Standing Signs	Minimum Ground Floor N/A	Illustration	Examples
Carriage House	A detached accessory structure at the rear of a lot that may be residential, home office, small commercial, mixed use or accessory to such functions. They usually echo the principal structure in both form and style.	Parking Location Side, Front	Maximum Building Width 36'	Maximum Height 2 stories
Carriage House		Parking Location Side, Front	Maximum Building Width 36'	Maximum Height 2 stories

Table 23-1
Building Typology

Building Typology	Description	Location Requirement N/A	Signage Requirement N/A	Minimum Ground Floor N/A	Illustration	Examples
Small House	Small single unit principal structure on a small lot that may have office or commercial uses. Usually a small footprint building in a small lot with minimal setbacks, less than three (3) stories high with a gabled roof and front stoop/porch.	Parking Location N/A	Maximum Building Width N/A	Maximum Height 3 stories

Building Typology	Description	Location Requirement N/A	Signage Requirement N/A	Minimum Ground Floor N/A	Illustration	Examples
Large House	Larger principal structure on a medium to large lot that may have two (2) or more dwelling units, office, commercial or mixed uses. Usually a moderate footprint building on a larger lot with deeper setback, at least two (2) stories high with gabled roof and front porch.	Parking Location Rear, Side	Minimum Building Width 60'	Maximum Height 4 stories
Large House		Parking Location Rear, Side	Minimum Building Width 60'	Maximum Height 4 stories

Building Typology	Description	Location Requirement N/A	Signage Requirement N/A	Minimum Ground Floor 12'	Illustration	Examples
Multi- Plex	Multi-unit, multi-story, residential structure with a minimum of four 94) units that may have ground floor storefronts. This type includes multi-unit residential developments of all sizes within the district. Typically at least two (2) stories with minimal setback, flat roof, horizontal windows and prominent entrance.	Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height 4 stories
Multi- Plex		Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height 4 stories

Building Typology	Description	Location Requirement Main Street, Shelby Street, Girard Street	Signage Requirement No Awning, Canopy, Window Signs	Minimum Ground Floor 12'	Illustration	Examples
Civic	Small to large principal structure typically built for public uses such as government, churches, libraries and schools. Variable lot size and includes a broad range of building sizes/styles, frequently with a grand entrance and/or landscaped approach.	Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height N/A
Civic		Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height N/A

Building Typology	Description	Location Requirements Main Street, Shelby Street, Girard Street	Signage Requirement No Free Standing Signs	Minimum Ground Floor 12'	Illustration	Examples
Main Street Mixed Use	Medium to large structure, typically attached, intended to provide mixed uses with ground level retail or service uses and upper floor services or residential. At least two (2), often differentiated, stories with a flat or parapet roof and vertical emphasis, including windows. This type is suited to the central part of the district including Main Street frontages and the blocks to the north along Shelby and Girard Streets (see Figure 23-2).	Parking Location Rear, Side	Maximum Building Width 120'	Maximum Height 4 stories
Main Street Mixed Use		Parking Location Rear, Side	Maximum Building Width 120'	Maximum Height 4 stories

Building Typology	Description	Location Requirement Dixie Highway, main Street (2+ story only)	Signage Requirement Monument Signs on Dixie Highway only	Minimum Ground Floor 12'	Illustration	Examples
Flex	Medium to larger principal structure, usually detached, 1 - 3 stories tall on a large lot with parking. Building forms are typically boxy with flat or low pitched roofs. They may be single use or mixed use with vertical mix of uses such as ground floor industrial, service, or retail uses and upper floor service or residential. This type includes one (1) story commercial buildings on Dixie Highway and Main Street; new buildings on Main Street must be a minimum of two (2) stories.	Parking Location Rear, Side	Maximum Building Width 80'	Maximum Height 3 stories
Flex		Parking Location Rear, Side	Maximum Building Width 80'	Maximum Height 3 stories

Building Typology	Description	Location Requirement Accessory Only	Signage Requirement No Free Standing Signs	Minimum Ground Floor N/A	Illustration	Examples
Carriage House	A detached accessory structure at the rear of a lot that may be residential, home office, small commercial, mixed use or accessory to such functions. They usually echo the principal structure in both form and style.	Parking Location Side, Front	Maximum Building Width 36'	Maximum Height 2 stories
Carriage House		Parking Location Side, Front	Maximum Building Width 36'	Maximum Height 2 stories

Table 23-1
Building Typology

Building Typology	Description	Location Requirement N/A	Signage Requirement N/A	Minimum Ground Floor N/A	Illustration	Examples
Small House	Small single unit principal structure on a small lot that may have office or commercial uses. Usually a small footprint building in a small lot with minimal setbacks, less than three (3) stories high with a gabled roof and front stoop/porch.	Parking Location N/A	Maximum Building Width N/A	Maximum Height 3 stories

Building Typology	Description	Location Requirement N/A	Signage Requirement N/A	Minimum Ground Floor N/A	Illustration	Examples
Large House	Larger principal structure on a medium to large lot that may have two (2) or more dwelling units, office, commercial or mixed uses. Usually a moderate footprint building on a larger lot with deeper setback, at least two (2) stories high with gabled roof and front porch.	Parking Location Rear, Side	Minimum Building Width 60'	Maximum Height 4 stories
Large House		Parking Location Rear, Side	Minimum Building Width 60'	Maximum Height 4 stories

Building Typology	Description	Location Requirement N/A	Signage Requirement N/A	Minimum Ground Floor 12'	Illustration	Examples
Multi- Plex	Multi-unit, multi-story, residential structure with a minimum of four 94) units that may have ground floor storefronts. This type includes multi-unit residential developments of all sizes within the district. Typically at least two (2) stories with minimal setback, flat roof, horizontal windows and prominent entrance.	Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height 4 stories
Multi- Plex		Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height 4 stories

Building Typology	Description	Location Requirement Main Street, Shelby Street, Girard Street	Signage Requirement No Awning, Canopy, Window Signs	Minimum Ground Floor 12'	Illustration	Examples
Civic	Small to large principal structure typically built for public uses such as government, churches, libraries and schools. Variable lot size and includes a broad range of building sizes/styles, frequently with a grand entrance and/or landscaped approach.	Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height N/A
Civic		Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height N/A

Building Typology	Description	Location Requirements Main Street, Shelby Street, Girard Street	Signage Requirement No Free Standing Signs	Minimum Ground Floor 12'	Illustration	Examples
Main Street Mixed Use	Medium to large structure, typically attached, intended to provide mixed uses with ground level retail or service uses and upper floor services or residential. At least two (2), often differentiated, stories with a flat or parapet roof and vertical emphasis, including windows. This type is suited to the central part of the district including Main Street frontages and the blocks to the north along Shelby and Girard Streets (see Figure 23-2).	Parking Location Rear, Side	Maximum Building Width 120'	Maximum Height 4 stories
Main Street Mixed Use		Parking Location Rear, Side	Maximum Building Width 120'	Maximum Height 4 stories

Building Typology	Description	Location Requirement Dixie Highway, main Street (2+ story only)	Signage Requirement Monument Signs on Dixie Highway only	Minimum Ground Floor 12'	Illustration	Examples
Flex	Medium to larger principal structure, usually detached, 1 - 3 stories tall on a large lot with parking. Building forms are typically boxy with flat or low pitched roofs. They may be single use or mixed use with vertical mix of uses such as ground floor industrial, service, or retail uses and upper floor service or residential. This type includes one (1) story commercial buildings on Dixie Highway and Main Street; new buildings on Main Street must be a minimum of two (2) stories.	Parking Location Rear, Side	Maximum Building Width 80'	Maximum Height 3 stories
Flex		Parking Location Rear, Side	Maximum Building Width 80'	Maximum Height 3 stories

Building Typology	Description	Location Requirement Accessory Only	Signage Requirement No Free Standing Signs	Minimum Ground Floor N/A	Illustration	Examples
Carriage House	A detached accessory structure at the rear of a lot that may be residential, home office, small commercial, mixed use or accessory to such functions. They usually echo the principal structure in both form and style.	Parking Location Side, Front	Maximum Building Width 36'	Maximum Height 2 stories
Carriage House		Parking Location Side, Front	Maximum Building Width 36'	Maximum Height 2 stories

Table 23-1
Building Typology

Building Typology	Description	Location Requirement N/A	Signage Requirement N/A	Minimum Ground Floor N/A	Illustration	Examples
Small House	Small single unit principal structure on a small lot that may have office or commercial uses. Usually a small footprint building in a small lot with minimal setbacks, less than three (3) stories high with a gabled roof and front stoop/porch.	Parking Location N/A	Maximum Building Width N/A	Maximum Height 3 stories

Building Typology	Description	Location Requirement N/A	Signage Requirement N/A	Minimum Ground Floor N/A	Illustration	Examples
Large House	Larger principal structure on a medium to large lot that may have two (2) or more dwelling units, office, commercial or mixed uses. Usually a moderate footprint building on a larger lot with deeper setback, at least two (2) stories high with gabled roof and front porch.	Parking Location Rear, Side	Minimum Building Width 60'	Maximum Height 4 stories
Large House		Parking Location Rear, Side	Minimum Building Width 60'	Maximum Height 4 stories

Building Typology	Description	Location Requirement N/A	Signage Requirement N/A	Minimum Ground Floor 12'	Illustration	Examples
Multi- Plex	Multi-unit, multi-story, residential structure with a minimum of four 94) units that may have ground floor storefronts. This type includes multi-unit residential developments of all sizes within the district. Typically at least two (2) stories with minimal setback, flat roof, horizontal windows and prominent entrance.	Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height 4 stories
Multi- Plex		Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height 4 stories

Building Typology	Description	Location Requirement Main Street, Shelby Street, Girard Street	Signage Requirement No Awning, Canopy, Window Signs	Minimum Ground Floor 12'	Illustration	Examples
Civic	Small to large principal structure typically built for public uses such as government, churches, libraries and schools. Variable lot size and includes a broad range of building sizes/styles, frequently with a grand entrance and/or landscaped approach.	Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height N/A
Civic		Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height N/A

Building Typology	Description	Location Requirements Main Street, Shelby Street, Girard Street	Signage Requirement No Free Standing Signs	Minimum Ground Floor 12'	Illustration	Examples
Main Street Mixed Use	Medium to large structure, typically attached, intended to provide mixed uses with ground level retail or service uses and upper floor services or residential. At least two (2), often differentiated, stories with a flat or parapet roof and vertical emphasis, including windows. This type is suited to the central part of the district including Main Street frontages and the blocks to the north along Shelby and Girard Streets (see Figure 23-2).	Parking Location Rear, Side	Maximum Building Width 120'	Maximum Height 4 stories
Main Street Mixed Use		Parking Location Rear, Side	Maximum Building Width 120'	Maximum Height 4 stories

Building Typology	Description	Location Requirement Dixie Highway, main Street (2+ story only)	Signage Requirement Monument Signs on Dixie Highway only	Minimum Ground Floor 12'	Illustration	Examples
Flex	Medium to larger principal structure, usually detached, 1 - 3 stories tall on a large lot with parking. Building forms are typically boxy with flat or low pitched roofs. They may be single use or mixed use with vertical mix of uses such as ground floor industrial, service, or retail uses and upper floor service or residential. This type includes one (1) story commercial buildings on Dixie Highway and Main Street; new buildings on Main Street must be a minimum of two (2) stories.	Parking Location Rear, Side	Maximum Building Width 80'	Maximum Height 3 stories
Flex		Parking Location Rear, Side	Maximum Building Width 80'	Maximum Height 3 stories

Building Typology	Description	Location Requirement Accessory Only	Signage Requirement No Free Standing Signs	Minimum Ground Floor N/A	Illustration	Examples
Carriage House	A detached accessory structure at the rear of a lot that may be residential, home office, small commercial, mixed use or accessory to such functions. They usually echo the principal structure in both form and style.	Parking Location Side, Front	Maximum Building Width 36'	Maximum Height 2 stories
Carriage House		Parking Location Side, Front	Maximum Building Width 36'	Maximum Height 2 stories

Figure 23-2
Main Street Mixed-Use Boundary

Figure 23-2
Main Street Mixed-Use Boundary

Figure 23-2
Main Street Mixed-Use Boundary

Figure 23-2
Main Street Mixed-Use Boundary

I.
Fences
1. 1.
  Fences shall meet the requirements of SECTION 3655, except as modified herein.
2. 2.
  Fences shall be compatible with the design and material of the building and block. Cast iron, dark architectural steel, or milled wood “picket” style fences are most appropriate in front yards.
3. 3.
  Chain link, plastic, PVC, split rail and other “rustic” wood, unmilled dimensional lumber, and similar materials shall be prohibited.
4. 4.
  Fences shall be designed to have an opacity of fifty percent (50%) or less.
5. 5.
  Fences and walls having a height of forty-two (42) inches or less shall be permitted in front yards.
6. 6.
  Fences and walls having a height greater than forty-two (42) inches shall be permitted for an enclosed courtyard.
J.
Landscaping
1. 1.
  Landscaping shall meet the applicable requirements of ARTICLE 36.
  1. a.
    Buffer yard widths identified in ARTICLE 36 shall not be required to exceed setback requirement of ARTICLE 23.
  2. b.
    All other provisions of ARTICLE 36 shall be met.
K.
Parking
1. 1.
  Parking shall meet the requirements of ARTICLE 33, except as modified herein. Fractional parking space numbers shall be increased to the next whole number.
  1. a.
    Residential (one bedroom units or studio units): 1.5 spaces per unit
  2. b.
    Residential (two or more bedroom units): 2 spaces per unit
  3. c.
    Lodging: 1 space per guest room or suite
  4. d.
    Office: 1 space per 500 square feet of gross floor area
  5. e.
    Retail: 1 space per 500 square feet of gross floor area
  6. f.
    Cultural exhibits, religious assembly, theaters, auditoriums: 1 space per 6 seats that are used simultaneously
  7. g.
    Eating and drinking establishments: 1 space per 4 seats, indoor dining only
2. 2.
  Non-residential uses that are located within six hundred fifty (650) feet of a municipal parking lot shall be allowed to reduce their required parking by a maximum of ten percent (10%).
3. 3.
  Joint use agreements, per SECTION 3320, may be used to meet the required parking space requirements.

Effective on: 12/20/2022

SECTION 2306 DESIGN REQUIREMENTS

The Design Requirements listed herein supersede the normal requirements of the zoning regulations. When specific design requirements are not identified, the regulations of this ordinance shall apply.

General maintenance and repair, including some routine maintenance or repair requires regulation to ensure that original materials are not damaged in the process.

Requirements – Rehabilitation and Maintenance, Major Additions, and Minor Additions.

1.
When possible, historically significant structures and details should be maintained or rehabilitated rather than replaced, demolished or rebuilt.
2.
The Zoning Administrator may allow the use of alternative renovation and maintenance strategies, not listed herein, and not specifically prohibited if it is demonstrated by the applicant that the methods will produce an equivalent or superior solution to the requirement in question without compromising or significantly altering the structure or building detail.
3.
Rehabilitation and Maintenance. The following shall be utilized when a COA is required:
1. a.
  Masonry
  1. 1.
    Permitted renovation and maintenance strategies and materials include:
    a.
    Cleaning only when necessary, preferably with low-pressure water
    b.
    Repainting previously painted masonry
    c.
    Use of mortar mixes compatible with the original in color, texture and composition
  2. 2.
    Prohibited renovation and maintenance strategies and materials include:
    a.
    Sandblasting or harsh chemical cleaning
    b.
    Painting previously unpainted masonry and use of sealants in most instances
    c.
    Covering original masonry with any type of siding or stucco
    d.
    Replacing missing brick with an incompatible alternate material
    e.
    Mortar type, color, width, profile, texture, or composition differing from the original
2. b.
  Materials
  1. 1.
    Permitted renovation and maintenance strategies and materials:
    a.
    Replacement siding matching the original in width, profile, or texture
    b.
    Cementitious board when replacing wall areas previously covered with synthetic siding
    c.
    Preservation of architectural details such as cornices, lintels, corner board, and posts
  2. 2.
    Prohibited renovation and maintenance strategies and materials:
    a.
    Replacing repairable wood siding
    b.
    Synthetic siding including vinyl, aluminum, composite shingle, formstone, brick veneer, synthetic stucco, and EIFS
    c.
    Replacement siding with not matching the original in width, profile or texture
    d.
    Re-finishing painted woodwork for a “natural” look
    e.
    Covering or altering historic details
3. c.
  Roofs and Gutters
  1. 1.
    Permitted renovation and maintenance strategies and materials include:
    a.
    Maintaining original roof form and materials
    b.
    Replacement roof coverings that match the original (standing seam metal, slate, tile, etc.)
    c.
    Inconspicuous locations for roof mounted equipment
    d.
    Retention and reconstruction of box gutters
    e.
    Painting gutters and downspouts to match building trim, unless copper is used
  2. 2.
    Prohibited renovation and maintenance strategies and materials include:
    a.
    Altering roof pitch or raising roof height
    b.
    New roofing materials that obscure architectural details such as chimneys, dormers, or brackets
    c.
    New dormers or skylights visible from the public ROW
    d.
    Replacing box gutters with the possible exception in extreme cases of half-round gutters on side and rear facades
4. d.
  Windows, Doors and Shutters
  1. 1.
    Permitted renovation and maintenance strategies and materials include:
    a.
    Replacements matching originals in size, design, and materials
    b.
    Storm windows of anodized aluminum or baked enamel with finish to match window frames
    c.
    Storm doors with large expanses of glass and made of wood or dark anodized metal
    d.
    Wooden screen doors
  2. 2.
    Prohibited renovation and maintenance strategies and materials include:
    a.
    Replacing repairable historic doors and windows
    b.
    Using tinted or solarized glass
    c.
    Changing window glazing pattern or size
    d.
    Infilling window or door openings or changing the size of openings
    e.
    Obscuring historic windows with storm windows
5. e.
  Porches and Awnings
  1. 1.
    Permitted renovation and maintenance strategies and materials include:
    a.
    Replacement porch design and materials match the original, including railings, supports, and roof form
    b.
    Reconstruction based on historic photos and approved materials
    c.
    New porches and decks may be appropriate when not visible from the public ROW
    d.
    Fabric or canvas awnings that do not obscure architectural details may be appropriate
  2. 2.
    Prohibited renovation and maintenance strategies and materials include:
    a.
    Adding, removing or replacing historic porches and elements
    b.
    Enclosing a porch to create an interior space
    c.
    Reroofing a porch with a different material
    d.
    Repairs with non-matching new materials including vinyl, aluminum, and dimensional lumber
    e.
    Internally lit awnings or canopies
    f.
    Metal awnings, with the exception of some mid-20th Century buildings
6. f.
  Paint
  1. 1.
    Permitted renovation and maintenance strategies and materials include:
    a.
    Painting previously unpainted masonry or wood
    b.
    Gentle cleaning of existing paint in good condition as an alternative to repainting
    c.
    Surface prep by low impact methods such as scraping and sanding when possible
  2. 2.
    Prohibited renovation and maintenance strategies and materials include:
    a.
    Use of intense bright colors such as fluorescents on walls and trim or dark colors (e.g., black) on walls
    b.
    Potentially destructive paint removal by methods such as sandblasting or blow torch
    c.
    Artistic murals not approved by the City of Florence
4.
Site Improvements and Maintenance - Any site improvement or maintenance requiring a COA shall adhere to the following:
1. a.
  Driveways and Parking Areas
  1. 1.
    Permitted renovation and maintenance strategies and materials include:
    a.
    Parking screened per ARTICLE 31
    b.
    Parking areas that maintain the setback of their respective block
    c.
    New parking areas and garages located behind the principal building with driveway to the rear
  2. 2.
    Prohibited renovation and maintenance strategies and materials include:
    a.
    Parking that obscures primary facades of historic buildings
    b.
    Circular driveways or small frontage parking pads
    c.
    Removing historic buildings to provide parking
    d.
    Parking located in the front of the primary façade or on the ground floor in the front
2. b.
  Access Modifications (Ramps and Fire Escapes)
  1. 1.
    The design of additional means of access to meet safety or ADA requirements shall be compatible with the historic building being accessed. Work shall not obscure, change, or destroy character-defining features.
    a.
    Ramps shall be sited alongside facades with entrances on the front whenever possible
    b.
    Fire escapes shall be located on side or rear facades
    c.
    Ramps visible from the public right-of-way shall be of concrete or masonry materials with metal or wood handrails
    d.
    Railing elements of ramps and fire escapes shall not be utilitarian or overly ornate but stylistically appropriate to the building they serve
    e.
    Ramps and fire escapes shall be installed without damaging or removing historic building materials and shall be reversible
    f.
    In some cases, interior modifications such as elevators may be more feasible than exterior access modifications
3. c.
  Lighting Fixtures
  1. 1.
    See SECTION 3316 for lighting requirements. Lighting fixtures on buildings shall not detract from the building or general character of the street. While lighting should be sufficient for safety needs, it shall be carefully planned and adhere to the following:
    a.
    When present, existing historic light fixtures shall be preserved
    b.
    New light fixtures shall be contemporary in design and/or based on existing historic examples within the district
    c.
    Designs shall be compatible with the building’s age and style
    d.
    Fixtures shall be made of brass, copper, iron or painted metal
    e.
    New lighting designs which evoke a false sense of history (such as “Colonial Williamsburg” style carriage lights on a mid-20th Century building) shall be prohibited
    f.
    When necessary, security and foot lighting shall be unobtrusive and installed on secondary facades
5.
Additions
1. a.
  Minor Additions
  1. 1.
    Minor work shall consist of cosmetic alterations to the front or side of a building or rear additions that increase the original structure’s square footage by less than fifty percent (50%)
  2. 2.
    Major work shall consist of new construction, any addition to the front or side façade of a building, or rear additions that increase the original structure’s square footage by fifty percent (50%) or more
2. b.
  Major Additions: The design of major additions to historic buildings shall consider the block-level factors for new construction, but focus more closely on the building to be modified. In addition, major additions shall:
  1. 1.
    Follow the Building Typology in this Article unless incompatible with existing structures on the block or functionally incompatible with the site
  2. 2.
    Be contemporary in design and compatible with the building, while being clearly differentiated from it
  3. 3.
    Not damage or remove existing historic materials and be designed to avoid compromising the building form/materials if removed in the future
  4. 4.
    Conform to the materials requirements specified in the above design requirements
  5. 5.
    Avoid the front façade or readily visible side façade of a building
  6. 6.
    Additions visible from the public right-of-way shall be treated in a more formal architectural manner, be complementary in design yet differentiated from the main building yet compatible with the historic materials, features, size, proportion and massing (this requirement is only for additions that are visible from the public right-of-way)
  7. 7.
    Follow existing roof lines, materials, style and massing of the building
  8. 8.
    Not re-orient the building’s primary entrance from the front to the side or rear unless located on a corner lot, within a courtyard cluster of re-development, or when dividing multiple use spaces within a single building as determined appropriate by the Zoning Administrator
6.
New Construction
1. a.
  Preservation of the character and defining features of the FMS does not prohibit new construction, either as infill development or replacement. However, the design of new construction shall consider the existing visual characteristics of the block and adjacent buildings. Key factors include building shape, age, setback, architectural style, height, width, materials, detailing, roof form, spacing of window and door openings, and floor-to-ceiling heights.
2. b.
  The design of new construction shall consider the existing visual characteristics of the block and adjacent buildings. Key factors include building shape, age, setback, architectural style, height, width, materials, detailing, roof form, spacing of window and door openings, and floor-to-ceiling heights.
3. c.
  New Construction: New construction shall:
  1. 1.
    Follow the Building Typology in this Article unless incompatible with existing structures on the block or functionally incompatible with the site
  2. 2.
    Be contemporary in design but compatible with existing buildings on the block in design and form, respecting building scale, proportion, character and materials
  3. 3.
    Not mimic historic styles or create a false sense of history
  4. 4.
    Conform to the materials requirements specified in the above design requirements
  5. 5.
    Screen HVAC and other mechanical equipment pursuant to SECTION 3635
7.
Demolition
1. a.
  Demolition of historic structures (those over 50 years at the time of application) in the Florence Main Street District is discouraged. All alternatives shall be explored before demolition is considered. Proposed demolition of a building in the FMS District will require a Certificate of Appropriateness as well as a Demolition Permit from the Boone County Building Inspector. A demolition permit shall not be issued until the COA has been approved.
  1. 1.
    The demolition of a building will be allowed only when one or more of the following factors applies:
    a.
    Demolition has been ordered by a public official for public health and safety reasons
    b.
    The owner can demonstrate, to the satisfaction of the Zoning Administrator, that the building cannot be reused, or that its full or partial use will not bring a reasonable economic return
    c.
    The demolition request pertains to an accessory structure of a different period, inappropriate addition or other structure that the Zoning Administrator deems non-contributing to the district’s historic significance
    d.
    Demolition will be allowed if it can be shown that this action will not have a negative or adverse impact on the integrity of the FMS District
    e.
    The demolition is consistent with plans or policies adopted by the City of Florence

Effective on: 12/20/2022

Boone County Unincorporated
City Zoning Code

ARTICLE 23

FLORENCE MAIN STREET ZONING STUDY FMS

SECTION 2300 INTENT/PURPOSE

1.
Update ARTICLE 23 text and the zoning map in the zoning regulations.
2.
Expand the FMS district to include additional blocks to the north and south.
3.
Create user-friendly development standards and design requirements.
4.
Revise and streamline the review process to emphasize standards over procedure.
5.
Implement standards that promote an active, walkable, mixed-use district.

1.
Provide a mixing of commercial, professional and residential uses.
2.
Establish, protect and promote neighborhood and community identity.
3.
Establish a more urban character that provides needed community services.
4.
Promote and protect pedestrian activity.
5.
Establish and maintain the district as an authentic 24-hour daily destination.

Effective on: 12/20/2022

SECTION 2301 LOCATION

Figure 23-1
1994 and Proposed FMS

Effective on: 12/20/2022

SECTION 2302 APPLICABILITY AND REVIEW

New Building Construction, Demolition of Buildings, Building Additions

1.
Development proposals shall follow the following process:
1. a.
  Pre-Application Meeting: the applicant shall meet with staff for a pre-application meeting at which the applicant shall present the proposed uses and other project details and staff will inform the applicant of the study’s goals, standards, and recommendations.
2. b.
  The applicant will be required to submit a Certificate of Appropriateness (COA) application. The application shall include a set of plans containing the applicable items of SECTION 3004 and SECTION 403.
3. c.
  Staff will determine if the proposal meets the requirements of this Article as well as the other regulations contained herein.
4. d.
  If staff determines that the COA can be approved, the Zoning Administrator shall provide a copy of the approved application to the applicant.
5. e.
  The applicant will be required to submit a Site Plan application or a Zoning Permit application, as applicable, only when a COA is required.
  1. 1.
    The Site Plan application or the Zoning Permit application can be submitted simultaneously with the COA or after the COA has been approved.
  2. 2.
    The Site Plan application or the Zoning Permit application cannot be approved until the COA has been approved.
6. f.
  If the COA cannot be approved, the Zoning Administrator will provide the applicant with a copy of the denied application, along with the bases of the denial.
  1. 1.
    The applicant may file an appeal to the Board of Adjustment, pursuant to SECTION 203.
7. g.
  A COA shall not be required for ordinary maintenance and repairs intended to correct deterioration, and where no change is made to the appearance of the building or grounds.
  1. 1.
    Ordinary maintenance and repairs include:
    a.
    Building Maintenance Repairs
    A.
    Interior changes not impacting exterior appearance
    B.
    Repainting per PAINT requirements under Design Requirements
    C.
    Caulking, weather-stripping, reglazing windows
    D.
    Replacing window glass, as long as window shape and/or style are not altered
    E.
    Small surface repairs, such as deteriorated siding, porch flooring or steps, or roofing materials as long as replacements match the existing in materials, design, and color
    F.
    Replacement of gutters and downspouts, or existing roof ventilators on rear slopes, as long as the shape and color matches the original element in materials, design, and color
    G.
    Repair or replacement of exterior mechanical equipment (e.g. HVAC), providing there is no change to appearance of the building
    H.
    Installation of house numbers or mailboxes compatible with the original
    b.
    Site Maintenance Repairs
    A.
    Minor landscaping unless the entire yard or site is being replaced
    B.
    Repairs to fences, walks, and driveways as long as replacement materials match the existing or original materials, details, and color
    C.
    Repair of yard or house lighting with the same wattage bulbs

Change of Use, Accessory Structures and Uses, and Signs

1.
For a change of use, the applicant will be required to submit a Tenant Finish Permit application, pursuant to SECTION 400.
2.
For an accessory structure and use, the applicant will be required to submit either a Zoning Permit or a Site Plan.
3.
For a sign, the applicant will be required to submit a Sign Permit application, pursuant to SECTION 3405.

Effective on: 12/20/2022

SECTION 2303 PRINCIPALLY PERMITTED USES

Table 5-6, in Section 505.5 identifies the principally permitted and accessory uses within the FMS district.

Effective on: 12/20/2022

SECTION 2304 CONDITIONAL USES

Effective on: 12/20/2022

SECTION 2305 DEVELOPMENT STANDARDS

The mixing of uses can occur within one building or within multiple buildings located on the same site.

When uses are mixed in the same building, residential uses shall be located on floors above non-residential uses or in the rear of the building.

Minimum Lot Size: None.

Minimum Frontage: None.

Maximum Intensity: None.

Setback Requirements

1.
New construction shall meet the requirements of SECTION 2305.H, Building Typology.
2.
Additions to existing buildings located ten (10) feet or less from the front property line shall meet the requirements of SECTION 2305.H, Building Typology.
3.
Additions to existing buildings located more than ten (10) feet from the front property line shall meet the following requirements:
1. a.
  Front Yard: Ten (10) feet maximum.
2. b.
  Side Yard: None required.
3. c.
  Corner Side Yard: None required.
4. d.
  Rear Yard:
  1. 1.
    Ten (10) feet minimum when a residential use adjoins any other use.
  2. 2.
    Twenty (20) feet minimum when a non-residential use adjoins a residential use.
  3. 3.
    Ten (10) feet minimum when a non-residential use adjoins a non-residential use.

Developments shall comply with the applicable requirements of ARTICLE 31 SUPPLEMENTAL PERFORMANCE STANDARDS.

Building Typology:

1.
The purpose of building typology is to allow flexibility while maintaining a traditional Main Street character and to encourage mixed uses. Building form is emphasized over building use in the FMS District. This subsection presents the standards for building types permitted within the district, primarily in graphic form. Each type is also briefly described and illustrated with photos of representative examples. Use descriptions are illustrative of ways buildings could be used. See Table of Building Typologies.
2.
New construction shall follow one of the defined Building Typology standards set within this Section.
3.
Additions and modifications to existing buildings should follow the standards for the closest corresponding Building Typology as identified in this Section.

Table 23-1
Building Typology

Building Typology	Description	Location Requirement N/A	Signage Requirement N/A	Minimum Ground Floor N/A	Illustration	Examples
Small House	Small single unit principal structure on a small lot that may have office or commercial uses. Usually a small footprint building in a small lot with minimal setbacks, less than three (3) stories high with a gabled roof and front stoop/porch.	Parking Location N/A	Maximum Building Width N/A	Maximum Height 3 stories

Building Typology	Description	Location Requirement N/A	Signage Requirement N/A	Minimum Ground Floor N/A	Illustration	Examples
Large House	Larger principal structure on a medium to large lot that may have two (2) or more dwelling units, office, commercial or mixed uses. Usually a moderate footprint building on a larger lot with deeper setback, at least two (2) stories high with gabled roof and front porch.	Parking Location Rear, Side	Minimum Building Width 60'	Maximum Height 4 stories
Large House		Parking Location Rear, Side	Minimum Building Width 60'	Maximum Height 4 stories

Building Typology	Description	Location Requirement N/A	Signage Requirement N/A	Minimum Ground Floor 12'	Illustration	Examples
Multi- Plex	Multi-unit, multi-story, residential structure with a minimum of four 94) units that may have ground floor storefronts. This type includes multi-unit residential developments of all sizes within the district. Typically at least two (2) stories with minimal setback, flat roof, horizontal windows and prominent entrance.	Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height 4 stories
Multi- Plex		Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height 4 stories

Building Typology	Description	Location Requirement Main Street, Shelby Street, Girard Street	Signage Requirement No Awning, Canopy, Window Signs	Minimum Ground Floor 12'	Illustration	Examples
Civic	Small to large principal structure typically built for public uses such as government, churches, libraries and schools. Variable lot size and includes a broad range of building sizes/styles, frequently with a grand entrance and/or landscaped approach.	Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height N/A
Civic		Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height N/A

Building Typology	Description	Location Requirements Main Street, Shelby Street, Girard Street	Signage Requirement No Free Standing Signs	Minimum Ground Floor 12'	Illustration	Examples
Main Street Mixed Use	Medium to large structure, typically attached, intended to provide mixed uses with ground level retail or service uses and upper floor services or residential. At least two (2), often differentiated, stories with a flat or parapet roof and vertical emphasis, including windows. This type is suited to the central part of the district including Main Street frontages and the blocks to the north along Shelby and Girard Streets (see Figure 23-2).	Parking Location Rear, Side	Maximum Building Width 120'	Maximum Height 4 stories
Main Street Mixed Use		Parking Location Rear, Side	Maximum Building Width 120'	Maximum Height 4 stories

Building Typology	Description	Location Requirement Dixie Highway, main Street (2+ story only)	Signage Requirement Monument Signs on Dixie Highway only	Minimum Ground Floor 12'	Illustration	Examples
Flex	Medium to larger principal structure, usually detached, 1 - 3 stories tall on a large lot with parking. Building forms are typically boxy with flat or low pitched roofs. They may be single use or mixed use with vertical mix of uses such as ground floor industrial, service, or retail uses and upper floor service or residential. This type includes one (1) story commercial buildings on Dixie Highway and Main Street; new buildings on Main Street must be a minimum of two (2) stories.	Parking Location Rear, Side	Maximum Building Width 80'	Maximum Height 3 stories
Flex		Parking Location Rear, Side	Maximum Building Width 80'	Maximum Height 3 stories

Building Typology	Description	Location Requirement Accessory Only	Signage Requirement No Free Standing Signs	Minimum Ground Floor N/A	Illustration	Examples
Carriage House	A detached accessory structure at the rear of a lot that may be residential, home office, small commercial, mixed use or accessory to such functions. They usually echo the principal structure in both form and style.	Parking Location Side, Front	Maximum Building Width 36'	Maximum Height 2 stories
Carriage House		Parking Location Side, Front	Maximum Building Width 36'	Maximum Height 2 stories

Table 23-1
Building Typology

Building Typology	Description	Location Requirement N/A	Signage Requirement N/A	Minimum Ground Floor N/A	Illustration	Examples
Small House	Small single unit principal structure on a small lot that may have office or commercial uses. Usually a small footprint building in a small lot with minimal setbacks, less than three (3) stories high with a gabled roof and front stoop/porch.	Parking Location N/A	Maximum Building Width N/A	Maximum Height 3 stories

Building Typology	Description	Location Requirement N/A	Signage Requirement N/A	Minimum Ground Floor N/A	Illustration	Examples
Large House	Larger principal structure on a medium to large lot that may have two (2) or more dwelling units, office, commercial or mixed uses. Usually a moderate footprint building on a larger lot with deeper setback, at least two (2) stories high with gabled roof and front porch.	Parking Location Rear, Side	Minimum Building Width 60'	Maximum Height 4 stories
Large House		Parking Location Rear, Side	Minimum Building Width 60'	Maximum Height 4 stories

Building Typology	Description	Location Requirement N/A	Signage Requirement N/A	Minimum Ground Floor 12'	Illustration	Examples
Multi- Plex	Multi-unit, multi-story, residential structure with a minimum of four 94) units that may have ground floor storefronts. This type includes multi-unit residential developments of all sizes within the district. Typically at least two (2) stories with minimal setback, flat roof, horizontal windows and prominent entrance.	Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height 4 stories
Multi- Plex		Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height 4 stories

Building Typology	Description	Location Requirement Main Street, Shelby Street, Girard Street	Signage Requirement No Awning, Canopy, Window Signs	Minimum Ground Floor 12'	Illustration	Examples
Civic	Small to large principal structure typically built for public uses such as government, churches, libraries and schools. Variable lot size and includes a broad range of building sizes/styles, frequently with a grand entrance and/or landscaped approach.	Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height N/A
Civic		Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height N/A

Building Typology	Description	Location Requirements Main Street, Shelby Street, Girard Street	Signage Requirement No Free Standing Signs	Minimum Ground Floor 12'	Illustration	Examples
Main Street Mixed Use	Medium to large structure, typically attached, intended to provide mixed uses with ground level retail or service uses and upper floor services or residential. At least two (2), often differentiated, stories with a flat or parapet roof and vertical emphasis, including windows. This type is suited to the central part of the district including Main Street frontages and the blocks to the north along Shelby and Girard Streets (see Figure 23-2).	Parking Location Rear, Side	Maximum Building Width 120'	Maximum Height 4 stories
Main Street Mixed Use		Parking Location Rear, Side	Maximum Building Width 120'	Maximum Height 4 stories

Building Typology	Description	Location Requirement Dixie Highway, main Street (2+ story only)	Signage Requirement Monument Signs on Dixie Highway only	Minimum Ground Floor 12'	Illustration	Examples
Flex	Medium to larger principal structure, usually detached, 1 - 3 stories tall on a large lot with parking. Building forms are typically boxy with flat or low pitched roofs. They may be single use or mixed use with vertical mix of uses such as ground floor industrial, service, or retail uses and upper floor service or residential. This type includes one (1) story commercial buildings on Dixie Highway and Main Street; new buildings on Main Street must be a minimum of two (2) stories.	Parking Location Rear, Side	Maximum Building Width 80'	Maximum Height 3 stories
Flex		Parking Location Rear, Side	Maximum Building Width 80'	Maximum Height 3 stories

Building Typology	Description	Location Requirement Accessory Only	Signage Requirement No Free Standing Signs	Minimum Ground Floor N/A	Illustration	Examples
Carriage House	A detached accessory structure at the rear of a lot that may be residential, home office, small commercial, mixed use or accessory to such functions. They usually echo the principal structure in both form and style.	Parking Location Side, Front	Maximum Building Width 36'	Maximum Height 2 stories
Carriage House		Parking Location Side, Front	Maximum Building Width 36'	Maximum Height 2 stories

Table 23-1
Building Typology

Building Typology	Description	Location Requirement N/A	Signage Requirement N/A	Minimum Ground Floor N/A	Illustration	Examples
Small House	Small single unit principal structure on a small lot that may have office or commercial uses. Usually a small footprint building in a small lot with minimal setbacks, less than three (3) stories high with a gabled roof and front stoop/porch.	Parking Location N/A	Maximum Building Width N/A	Maximum Height 3 stories

Building Typology	Description	Location Requirement N/A	Signage Requirement N/A	Minimum Ground Floor N/A	Illustration	Examples
Large House	Larger principal structure on a medium to large lot that may have two (2) or more dwelling units, office, commercial or mixed uses. Usually a moderate footprint building on a larger lot with deeper setback, at least two (2) stories high with gabled roof and front porch.	Parking Location Rear, Side	Minimum Building Width 60'	Maximum Height 4 stories
Large House		Parking Location Rear, Side	Minimum Building Width 60'	Maximum Height 4 stories

Building Typology	Description	Location Requirement N/A	Signage Requirement N/A	Minimum Ground Floor 12'	Illustration	Examples
Multi- Plex	Multi-unit, multi-story, residential structure with a minimum of four 94) units that may have ground floor storefronts. This type includes multi-unit residential developments of all sizes within the district. Typically at least two (2) stories with minimal setback, flat roof, horizontal windows and prominent entrance.	Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height 4 stories
Multi- Plex		Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height 4 stories

Building Typology	Description	Location Requirement Main Street, Shelby Street, Girard Street	Signage Requirement No Awning, Canopy, Window Signs	Minimum Ground Floor 12'	Illustration	Examples
Civic	Small to large principal structure typically built for public uses such as government, churches, libraries and schools. Variable lot size and includes a broad range of building sizes/styles, frequently with a grand entrance and/or landscaped approach.	Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height N/A
Civic		Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height N/A

Building Typology	Description	Location Requirements Main Street, Shelby Street, Girard Street	Signage Requirement No Free Standing Signs	Minimum Ground Floor 12'	Illustration	Examples
Main Street Mixed Use	Medium to large structure, typically attached, intended to provide mixed uses with ground level retail or service uses and upper floor services or residential. At least two (2), often differentiated, stories with a flat or parapet roof and vertical emphasis, including windows. This type is suited to the central part of the district including Main Street frontages and the blocks to the north along Shelby and Girard Streets (see Figure 23-2).	Parking Location Rear, Side	Maximum Building Width 120'	Maximum Height 4 stories
Main Street Mixed Use		Parking Location Rear, Side	Maximum Building Width 120'	Maximum Height 4 stories

Building Typology	Description	Location Requirement Dixie Highway, main Street (2+ story only)	Signage Requirement Monument Signs on Dixie Highway only	Minimum Ground Floor 12'	Illustration	Examples
Flex	Medium to larger principal structure, usually detached, 1 - 3 stories tall on a large lot with parking. Building forms are typically boxy with flat or low pitched roofs. They may be single use or mixed use with vertical mix of uses such as ground floor industrial, service, or retail uses and upper floor service or residential. This type includes one (1) story commercial buildings on Dixie Highway and Main Street; new buildings on Main Street must be a minimum of two (2) stories.	Parking Location Rear, Side	Maximum Building Width 80'	Maximum Height 3 stories
Flex		Parking Location Rear, Side	Maximum Building Width 80'	Maximum Height 3 stories

Building Typology	Description	Location Requirement Accessory Only	Signage Requirement No Free Standing Signs	Minimum Ground Floor N/A	Illustration	Examples
Carriage House	A detached accessory structure at the rear of a lot that may be residential, home office, small commercial, mixed use or accessory to such functions. They usually echo the principal structure in both form and style.	Parking Location Side, Front	Maximum Building Width 36'	Maximum Height 2 stories
Carriage House		Parking Location Side, Front	Maximum Building Width 36'	Maximum Height 2 stories

Table 23-1
Building Typology

Building Typology	Description	Location Requirement N/A	Signage Requirement N/A	Minimum Ground Floor N/A	Illustration	Examples
Small House	Small single unit principal structure on a small lot that may have office or commercial uses. Usually a small footprint building in a small lot with minimal setbacks, less than three (3) stories high with a gabled roof and front stoop/porch.	Parking Location N/A	Maximum Building Width N/A	Maximum Height 3 stories

Building Typology	Description	Location Requirement N/A	Signage Requirement N/A	Minimum Ground Floor N/A	Illustration	Examples
Large House	Larger principal structure on a medium to large lot that may have two (2) or more dwelling units, office, commercial or mixed uses. Usually a moderate footprint building on a larger lot with deeper setback, at least two (2) stories high with gabled roof and front porch.	Parking Location Rear, Side	Minimum Building Width 60'	Maximum Height 4 stories
Large House		Parking Location Rear, Side	Minimum Building Width 60'	Maximum Height 4 stories

Building Typology	Description	Location Requirement N/A	Signage Requirement N/A	Minimum Ground Floor 12'	Illustration	Examples
Multi- Plex	Multi-unit, multi-story, residential structure with a minimum of four 94) units that may have ground floor storefronts. This type includes multi-unit residential developments of all sizes within the district. Typically at least two (2) stories with minimal setback, flat roof, horizontal windows and prominent entrance.	Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height 4 stories
Multi- Plex		Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height 4 stories

Building Typology	Description	Location Requirement Main Street, Shelby Street, Girard Street	Signage Requirement No Awning, Canopy, Window Signs	Minimum Ground Floor 12'	Illustration	Examples
Civic	Small to large principal structure typically built for public uses such as government, churches, libraries and schools. Variable lot size and includes a broad range of building sizes/styles, frequently with a grand entrance and/or landscaped approach.	Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height N/A
Civic		Parking Location Rear, Side	Maximum Building Width N/A	Maximum Height N/A

Building Typology	Description	Location Requirements Main Street, Shelby Street, Girard Street	Signage Requirement No Free Standing Signs	Minimum Ground Floor 12'	Illustration	Examples
Main Street Mixed Use	Medium to large structure, typically attached, intended to provide mixed uses with ground level retail or service uses and upper floor services or residential. At least two (2), often differentiated, stories with a flat or parapet roof and vertical emphasis, including windows. This type is suited to the central part of the district including Main Street frontages and the blocks to the north along Shelby and Girard Streets (see Figure 23-2).	Parking Location Rear, Side	Maximum Building Width 120'	Maximum Height 4 stories
Main Street Mixed Use		Parking Location Rear, Side	Maximum Building Width 120'	Maximum Height 4 stories

Building Typology	Description	Location Requirement Dixie Highway, main Street (2+ story only)	Signage Requirement Monument Signs on Dixie Highway only	Minimum Ground Floor 12'	Illustration	Examples
Flex	Medium to larger principal structure, usually detached, 1 - 3 stories tall on a large lot with parking. Building forms are typically boxy with flat or low pitched roofs. They may be single use or mixed use with vertical mix of uses such as ground floor industrial, service, or retail uses and upper floor service or residential. This type includes one (1) story commercial buildings on Dixie Highway and Main Street; new buildings on Main Street must be a minimum of two (2) stories.	Parking Location Rear, Side	Maximum Building Width 80'	Maximum Height 3 stories
Flex		Parking Location Rear, Side	Maximum Building Width 80'	Maximum Height 3 stories

Building Typology	Description	Location Requirement Accessory Only	Signage Requirement No Free Standing Signs	Minimum Ground Floor N/A	Illustration	Examples
Carriage House	A detached accessory structure at the rear of a lot that may be residential, home office, small commercial, mixed use or accessory to such functions. They usually echo the principal structure in both form and style.	Parking Location Side, Front	Maximum Building Width 36'	Maximum Height 2 stories
Carriage House		Parking Location Side, Front	Maximum Building Width 36'	Maximum Height 2 stories

Figure 23-2
Main Street Mixed-Use Boundary

Figure 23-2
Main Street Mixed-Use Boundary

Figure 23-2
Main Street Mixed-Use Boundary

Figure 23-2
Main Street Mixed-Use Boundary

I.
Fences
1. 1.
  Fences shall meet the requirements of SECTION 3655, except as modified herein.
2. 2.
  Fences shall be compatible with the design and material of the building and block. Cast iron, dark architectural steel, or milled wood “picket” style fences are most appropriate in front yards.
3. 3.
  Chain link, plastic, PVC, split rail and other “rustic” wood, unmilled dimensional lumber, and similar materials shall be prohibited.
4. 4.
  Fences shall be designed to have an opacity of fifty percent (50%) or less.
5. 5.
  Fences and walls having a height of forty-two (42) inches or less shall be permitted in front yards.
6. 6.
  Fences and walls having a height greater than forty-two (42) inches shall be permitted for an enclosed courtyard.
J.
Landscaping
1. 1.
  Landscaping shall meet the applicable requirements of ARTICLE 36.
  1. a.
    Buffer yard widths identified in ARTICLE 36 shall not be required to exceed setback requirement of ARTICLE 23.
  2. b.
    All other provisions of ARTICLE 36 shall be met.
K.
Parking
1. 1.
  Parking shall meet the requirements of ARTICLE 33, except as modified herein. Fractional parking space numbers shall be increased to the next whole number.
  1. a.
    Residential (one bedroom units or studio units): 1.5 spaces per unit
  2. b.
    Residential (two or more bedroom units): 2 spaces per unit
  3. c.
    Lodging: 1 space per guest room or suite
  4. d.
    Office: 1 space per 500 square feet of gross floor area
  5. e.
    Retail: 1 space per 500 square feet of gross floor area
  6. f.
    Cultural exhibits, religious assembly, theaters, auditoriums: 1 space per 6 seats that are used simultaneously
  7. g.
    Eating and drinking establishments: 1 space per 4 seats, indoor dining only
2. 2.
  Non-residential uses that are located within six hundred fifty (650) feet of a municipal parking lot shall be allowed to reduce their required parking by a maximum of ten percent (10%).
3. 3.
  Joint use agreements, per SECTION 3320, may be used to meet the required parking space requirements.

Effective on: 12/20/2022

SECTION 2306 DESIGN REQUIREMENTS

The Design Requirements listed herein supersede the normal requirements of the zoning regulations. When specific design requirements are not identified, the regulations of this ordinance shall apply.

General maintenance and repair, including some routine maintenance or repair requires regulation to ensure that original materials are not damaged in the process.

Requirements – Rehabilitation and Maintenance, Major Additions, and Minor Additions.

1.
When possible, historically significant structures and details should be maintained or rehabilitated rather than replaced, demolished or rebuilt.
2.
The Zoning Administrator may allow the use of alternative renovation and maintenance strategies, not listed herein, and not specifically prohibited if it is demonstrated by the applicant that the methods will produce an equivalent or superior solution to the requirement in question without compromising or significantly altering the structure or building detail.
3.
Rehabilitation and Maintenance. The following shall be utilized when a COA is required:
1. a.
  Masonry
  1. 1.
    Permitted renovation and maintenance strategies and materials include:
    a.
    Cleaning only when necessary, preferably with low-pressure water
    b.
    Repainting previously painted masonry
    c.
    Use of mortar mixes compatible with the original in color, texture and composition
  2. 2.
    Prohibited renovation and maintenance strategies and materials include:
    a.
    Sandblasting or harsh chemical cleaning
    b.
    Painting previously unpainted masonry and use of sealants in most instances
    c.
    Covering original masonry with any type of siding or stucco
    d.
    Replacing missing brick with an incompatible alternate material
    e.
    Mortar type, color, width, profile, texture, or composition differing from the original
2. b.
  Materials
  1. 1.
    Permitted renovation and maintenance strategies and materials:
    a.
    Replacement siding matching the original in width, profile, or texture
    b.
    Cementitious board when replacing wall areas previously covered with synthetic siding
    c.
    Preservation of architectural details such as cornices, lintels, corner board, and posts
  2. 2.
    Prohibited renovation and maintenance strategies and materials:
    a.
    Replacing repairable wood siding
    b.
    Synthetic siding including vinyl, aluminum, composite shingle, formstone, brick veneer, synthetic stucco, and EIFS
    c.
    Replacement siding with not matching the original in width, profile or texture
    d.
    Re-finishing painted woodwork for a “natural” look
    e.
    Covering or altering historic details
3. c.
  Roofs and Gutters
  1. 1.
    Permitted renovation and maintenance strategies and materials include:
    a.
    Maintaining original roof form and materials
    b.
    Replacement roof coverings that match the original (standing seam metal, slate, tile, etc.)
    c.
    Inconspicuous locations for roof mounted equipment
    d.
    Retention and reconstruction of box gutters
    e.
    Painting gutters and downspouts to match building trim, unless copper is used
  2. 2.
    Prohibited renovation and maintenance strategies and materials include:
    a.
    Altering roof pitch or raising roof height
    b.
    New roofing materials that obscure architectural details such as chimneys, dormers, or brackets
    c.
    New dormers or skylights visible from the public ROW
    d.
    Replacing box gutters with the possible exception in extreme cases of half-round gutters on side and rear facades
4. d.
  Windows, Doors and Shutters
  1. 1.
    Permitted renovation and maintenance strategies and materials include:
    a.
    Replacements matching originals in size, design, and materials
    b.
    Storm windows of anodized aluminum or baked enamel with finish to match window frames
    c.
    Storm doors with large expanses of glass and made of wood or dark anodized metal
    d.
    Wooden screen doors
  2. 2.
    Prohibited renovation and maintenance strategies and materials include:
    a.
    Replacing repairable historic doors and windows
    b.
    Using tinted or solarized glass
    c.
    Changing window glazing pattern or size
    d.
    Infilling window or door openings or changing the size of openings
    e.
    Obscuring historic windows with storm windows
5. e.
  Porches and Awnings
  1. 1.
    Permitted renovation and maintenance strategies and materials include:
    a.
    Replacement porch design and materials match the original, including railings, supports, and roof form
    b.
    Reconstruction based on historic photos and approved materials
    c.
    New porches and decks may be appropriate when not visible from the public ROW
    d.
    Fabric or canvas awnings that do not obscure architectural details may be appropriate
  2. 2.
    Prohibited renovation and maintenance strategies and materials include:
    a.
    Adding, removing or replacing historic porches and elements
    b.
    Enclosing a porch to create an interior space
    c.
    Reroofing a porch with a different material
    d.
    Repairs with non-matching new materials including vinyl, aluminum, and dimensional lumber
    e.
    Internally lit awnings or canopies
    f.
    Metal awnings, with the exception of some mid-20th Century buildings
6. f.
  Paint
  1. 1.
    Permitted renovation and maintenance strategies and materials include:
    a.
    Painting previously unpainted masonry or wood
    b.
    Gentle cleaning of existing paint in good condition as an alternative to repainting
    c.
    Surface prep by low impact methods such as scraping and sanding when possible
  2. 2.
    Prohibited renovation and maintenance strategies and materials include:
    a.
    Use of intense bright colors such as fluorescents on walls and trim or dark colors (e.g., black) on walls
    b.
    Potentially destructive paint removal by methods such as sandblasting or blow torch
    c.
    Artistic murals not approved by the City of Florence
4.
Site Improvements and Maintenance - Any site improvement or maintenance requiring a COA shall adhere to the following:
1. a.
  Driveways and Parking Areas
  1. 1.
    Permitted renovation and maintenance strategies and materials include:
    a.
    Parking screened per ARTICLE 31
    b.
    Parking areas that maintain the setback of their respective block
    c.
    New parking areas and garages located behind the principal building with driveway to the rear
  2. 2.
    Prohibited renovation and maintenance strategies and materials include:
    a.
    Parking that obscures primary facades of historic buildings
    b.
    Circular driveways or small frontage parking pads
    c.
    Removing historic buildings to provide parking
    d.
    Parking located in the front of the primary façade or on the ground floor in the front
2. b.
  Access Modifications (Ramps and Fire Escapes)
  1. 1.
    The design of additional means of access to meet safety or ADA requirements shall be compatible with the historic building being accessed. Work shall not obscure, change, or destroy character-defining features.
    a.
    Ramps shall be sited alongside facades with entrances on the front whenever possible
    b.
    Fire escapes shall be located on side or rear facades
    c.
    Ramps visible from the public right-of-way shall be of concrete or masonry materials with metal or wood handrails
    d.
    Railing elements of ramps and fire escapes shall not be utilitarian or overly ornate but stylistically appropriate to the building they serve
    e.
    Ramps and fire escapes shall be installed without damaging or removing historic building materials and shall be reversible
    f.
    In some cases, interior modifications such as elevators may be more feasible than exterior access modifications
3. c.
  Lighting Fixtures
  1. 1.
    See SECTION 3316 for lighting requirements. Lighting fixtures on buildings shall not detract from the building or general character of the street. While lighting should be sufficient for safety needs, it shall be carefully planned and adhere to the following:
    a.
    When present, existing historic light fixtures shall be preserved
    b.
    New light fixtures shall be contemporary in design and/or based on existing historic examples within the district
    c.
    Designs shall be compatible with the building’s age and style
    d.
    Fixtures shall be made of brass, copper, iron or painted metal
    e.
    New lighting designs which evoke a false sense of history (such as “Colonial Williamsburg” style carriage lights on a mid-20th Century building) shall be prohibited
    f.
    When necessary, security and foot lighting shall be unobtrusive and installed on secondary facades
5.
Additions
1. a.
  Minor Additions
  1. 1.
    Minor work shall consist of cosmetic alterations to the front or side of a building or rear additions that increase the original structure’s square footage by less than fifty percent (50%)
  2. 2.
    Major work shall consist of new construction, any addition to the front or side façade of a building, or rear additions that increase the original structure’s square footage by fifty percent (50%) or more
2. b.
  Major Additions: The design of major additions to historic buildings shall consider the block-level factors for new construction, but focus more closely on the building to be modified. In addition, major additions shall:
  1. 1.
    Follow the Building Typology in this Article unless incompatible with existing structures on the block or functionally incompatible with the site
  2. 2.
    Be contemporary in design and compatible with the building, while being clearly differentiated from it
  3. 3.
    Not damage or remove existing historic materials and be designed to avoid compromising the building form/materials if removed in the future
  4. 4.
    Conform to the materials requirements specified in the above design requirements
  5. 5.
    Avoid the front façade or readily visible side façade of a building
  6. 6.
    Additions visible from the public right-of-way shall be treated in a more formal architectural manner, be complementary in design yet differentiated from the main building yet compatible with the historic materials, features, size, proportion and massing (this requirement is only for additions that are visible from the public right-of-way)
  7. 7.
    Follow existing roof lines, materials, style and massing of the building
  8. 8.
    Not re-orient the building’s primary entrance from the front to the side or rear unless located on a corner lot, within a courtyard cluster of re-development, or when dividing multiple use spaces within a single building as determined appropriate by the Zoning Administrator
6.
New Construction
1. a.
  Preservation of the character and defining features of the FMS does not prohibit new construction, either as infill development or replacement. However, the design of new construction shall consider the existing visual characteristics of the block and adjacent buildings. Key factors include building shape, age, setback, architectural style, height, width, materials, detailing, roof form, spacing of window and door openings, and floor-to-ceiling heights.
2. b.
  The design of new construction shall consider the existing visual characteristics of the block and adjacent buildings. Key factors include building shape, age, setback, architectural style, height, width, materials, detailing, roof form, spacing of window and door openings, and floor-to-ceiling heights.
3. c.
  New Construction: New construction shall:
  1. 1.
    Follow the Building Typology in this Article unless incompatible with existing structures on the block or functionally incompatible with the site
  2. 2.
    Be contemporary in design but compatible with existing buildings on the block in design and form, respecting building scale, proportion, character and materials
  3. 3.
    Not mimic historic styles or create a false sense of history
  4. 4.
    Conform to the materials requirements specified in the above design requirements
  5. 5.
    Screen HVAC and other mechanical equipment pursuant to SECTION 3635
7.
Demolition
1. a.
  Demolition of historic structures (those over 50 years at the time of application) in the Florence Main Street District is discouraged. All alternatives shall be explored before demolition is considered. Proposed demolition of a building in the FMS District will require a Certificate of Appropriateness as well as a Demolition Permit from the Boone County Building Inspector. A demolition permit shall not be issued until the COA has been approved.
  1. 1.
    The demolition of a building will be allowed only when one or more of the following factors applies:
    a.
    Demolition has been ordered by a public official for public health and safety reasons
    b.
    The owner can demonstrate, to the satisfaction of the Zoning Administrator, that the building cannot be reused, or that its full or partial use will not bring a reasonable economic return
    c.
    The demolition request pertains to an accessory structure of a different period, inappropriate addition or other structure that the Zoning Administrator deems non-contributing to the district’s historic significance
    d.
    Demolition will be allowed if it can be shown that this action will not have a negative or adverse impact on the integrity of the FMS District
    e.
    The demolition is consistent with plans or policies adopted by the City of Florence

Effective on: 12/20/2022

Boone County UnincorporatedCity Zoning Code

ARTICLE 23

SECTION 2300 INTENT/PURPOSE

SECTION 2301 LOCATION

SECTION 2302 APPLICABILITY AND REVIEW

SECTION 2303 PRINCIPALLY PERMITTED USES

SECTION 2304 CONDITIONAL USES

SECTION 2305 DEVELOPMENT STANDARDS

SECTION 2306 DESIGN REQUIREMENTS

Boone County UnincorporatedCity Zoning Code

ARTICLE 23

SECTION 2300 INTENT/PURPOSE

SECTION 2301 LOCATION

SECTION 2302 APPLICABILITY AND REVIEW

SECTION 2303 PRINCIPALLY PERMITTED USES

SECTION 2304 CONDITIONAL USES

SECTION 2305 DEVELOPMENT STANDARDS

SECTION 2306 DESIGN REQUIREMENTS

Boone County UnincorporatedCity Zoning Code

ARTICLE 23

SECTION 2300 INTENT/PURPOSE

SECTION 2301 LOCATION

SECTION 2302 APPLICABILITY AND REVIEW

SECTION 2303 PRINCIPALLY PERMITTED USES

SECTION 2304 CONDITIONAL USES

SECTION 2305 DEVELOPMENT STANDARDS

SECTION 2306 DESIGN REQUIREMENTS

Boone County Unincorporated
City Zoning Code

Boone County Unincorporated
City Zoning Code

Boone County Unincorporated
City Zoning Code