Campbellsville City Zoning Code
GENERAL PROVISIONS
§ 155.001 TITLE.
(A) This chapter shall be known as the "Zoning Ordinance of the City of Campbellsville, Kentucky".
(B) The zoning map herein referred to, which is identified by the title "Zoning Map of Campbellsville, Kentucky" originally dated April 4, 1983, and all explanatory matter thereon are hereby adopted and made a part of this chapter. Text amendments shall be made as necessary.
(2000 Code, App. B, Art. I)
§ 155.002 PURPOSE.
(A) The zoning regulations and districts as herein set forth have been made in accordance with a comprehensive plan for the purpose of promoting the public health, safety and morals and the convenience, order, prosperity and general welfare of the community. They have been designed to lessen congestion in the streets to secure safety from fire, flood, panic and other dangers, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, as to the character of each district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city.
(B) As a result of a local option election on September 20, 2016, the zoning regulations and districts as set forth herein are also to provide for appropriate locations for the sale of liquor and malt beverages whether through retail package liquor sales and retail malt beverage sales in stores, taverns, or table restaurants serving alcohol or in lawful form in micro-breweries, small farm wineries, distilleries, breweries or wineries as may be licensed under all applicable law for such sales. Regulation of the locations for such sales is founded on the goals and objectives of the 2016 Campbellsville comprehensive plan updates, the zoning ordinance as a whole, a rational basis, and is in the interests of the health, safety and welfare of the city of Campbellsville. This section is a text amendment to the zoning ordinance and is intended to be severable so that should any portion of this text amendment be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion, or judgment shall in no way impair the remaining portions, sections, or parts of sections of this which ordinance, which said remaining sections shall be and remain in full force and effect.
(2000 Code, App. B, Art. II) (Am. Ord. 16-09, passed 11-21-2016)
§ 155.003 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the present tense include the future. Words used in the singular number include the plural, and words used in the plural include the singular.
ACCESSORY BUILDING. A detached building which is subordinate to the principal or main building on the lot and which is used for purposes customarily incidental to those of the principal building.
ACCESSORY USE. A use customarily incidental to the use of a building for dwelling purposes and including the office or studio of a physician or surgeon, dentist, artist, musician, lawyer, architect, teacher or similar professional person residing on the premises; workshops not conducted for profit and equipped with power not exceeding one-half rated horsepower; and customary home occupations such as millinery, dressmaking and hairdressing conducted by a person or persons residing on the premises.
AGRICULTURAL USE. All forms of agriculture, the growing of crops in the open, dairying, grazing, the raising and maintaining of poultry and other livestock, horticulture, viticulture, enclosed and open plant nursery, nursery sales and forestry uses, provided, however, that the land shall consist of at least one acre in one parcel under common ownership or operation. The solid waste disposal sites, commercial feed lots, boarding stables or dog kennels shall be deemed an AGRICULTURAL USE regardless of the size of the tract of land used, small farm wineries licensed under KRS 243.155, and farm wineries licensed under the provisions of KRS 243.156.
AGRICULTURAL USE AND STRUCTURES, ACCESSORY. Those structures and/or use which are normally required in the operation of permitted agricultural uses. The Board of Zoning Adjustment shall determine all questions regarding the uses and structures.
ALLEY. Any public or private way less than 20 feet in width which is set aside as a permanent right-of-way for public travel and which serves as a secondary means of access to abutting property. In the event a public or private way is designated as an alley by name, its width shall determine whether it is an ALLEY or a “street” within this definition.
ALTERATION OF BUILDING. Any change in the supporting members of a building such as bearing walls, columns and girders except a change as may be required for its safety; any addition to a building; any change in use from that of one district classification to another; or any movement of a building from one location to another.
APARTMENT HOUSE. See DWELLING, MULTIPLE.
APPEAL. A request for a review by the Board of Zoning Adjustment interpretation of any provision of this chapter or a request for a variance.
AREA, BUILDING. The total area taken of a horizontal plane at the average ground elevation of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps. That area shall be calculated to determine “maximum lot coverage”.
BLOCK. The length of a street between two street intersections or, where the distance between street intersections is greater than 1,400 feet, a street length of not less than 1,000 feet.
BOARDING HOUSE. A commercial dwelling other than a hotel where, for compensation and by pre-arrangement for definite periods, meals are provided. Those uses are permitted only in those zones permitting hotels or motels.
BREWERY. Any place or premises where malt beverages are manufactured for sale, including all offices, granaries, mash rooms, cooling rooms, vaults, yards and storerooms connected with the premises; or where any part of the process of the manufacture of malt beverages is carried on; or where any apparatus connected with the manufacture is kept or used or where any of the products of brewing or fermentation are stored or kept.
BUFFER. A buffer strip is a landscaped area required in commercial and industrial zones. The areas lie on the periphery of the commercial or industrial zones where they adjoin residentially zoned property. The buffer strips are intended to provide visual separation between the adjoining zones and depending on the anticipated noise levels, a buffer or reduction of noise entering the residential zone. The BUFFER, in addition to evergreen plantings, may include combinations of vegetative and structural barriers.
BUILDING. Any structure having a roof supported by columns or walls and intended for shelter, housing or enclosure of persons, animals or chattels. The word BUILDING shall include lunch wagons, house trailers and similar structures whether stationary or movable. Includes the word STRUCTURE.
BUILDING AREA OF A LOT. The portion of a lot bounded by the required rear and side yards and the building setback line.
BUILDING, HEIGHT OF. The vertical distance from average grade at the building plane facing the public road or right-of-way to the highest line of the roof surface. HEIGHT as applied to a story, means the vertical distance from top to top of two successive finished floor surfaces.
BUILDING OFFICIAL. The officer or other designated authority charged with the administration and enforcement of this chapter, or his or her duly authorized representative.
BUILDING SETBACK LINE. A line delineating the minimum allowable distance between the street right-of-way and the front of a structure. The BUILDING SETBACK LINE is parallel to or concentric with the street right-of-way. The area between the street right-of-way and the front of the structure is the front yard.
BUSINESS SERVICES. Any activity conducted for gain which renders services primarily to other commercial and industrial enterprises, or which services and repairs appliances and machines used in a home or business.
CENTER LINE OF STREET. The line surveyed and monumented by the governing body as the center of the street right-of-way. If the CENTER LINE has not been surveyed and monumented, it shall be the line running midway between the outside curbs or ditches of the street.
CLINIC. See PROFESSIONAL SERVICES.
CLUB. A private organization catering exclusively to members and their guests, or premises and buildings for recreational or athletic purposes which are not conducted primarily for gain, providing that any vending stands, merchandising or commercial activities are conducted only as required generally for the membership of the CLUB.
CLUSTERED HOUSING UNITS. Housing which may be permitted by the Board to have reduced (potentially zero) side and rear yards within a single development. The permission, if granted, shall be based on a development plan of a tract in single ownership at the time of development.
CONDOMINIUM. A clustered or multifamily dwelling designed for individual ownership of dwelling units, but joint ownership and/or responsibility for maintenance and upkeep of buildings, grounds, and recreational facilities.
COVERAGE. The lot area covered by all buildings located therein, including the area covered by all overhanging roofs.
COUNTRY CLUB. A chartered, non-profit membership club, with or without dining facilities and lounge, catering primarily to its membership, providing one or more of the following recreational and social amenities: golf, riding, outdoor recreation, clubhouse, locker room.
DAY NURSERIES, PRIVATE. Any place, home or institution on which receives six or more young children conducted for cultivating the normal aptitude for exercise, play and observation.
DEVELOPMENT. Any human-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, dredging, filling, grading, paving, excavation or drilling operations.
DISTILLERY. Any place or premises where distilled spirits are manufactured for sale, and which are registered in the office of any collector of internal revenue for the United States. It includes any United States government bonded warehouse.
DISTRICT. Any section or sections of the city for which the regulations governing the use of land and the use, density, bulk, height and coverage of buildings and other structures are uniform.
DRIVE-IN RESTAURANT. A commercial restaurant which caters primarily to vehicular trade by providing the delivery of food to the person within a vehicle for consumption on site.
DWELLING. A building designed, arranged or used for permanent living quarters for one or more families and including but not limited to residences and apartment buildings. The word DWELLING shall not include hotels or motels or other structures designed or used for transient residence, house trailers used for transient residence, the portions of tourist homes used for transient residence or the portions of boarding or rooming houses used for transient residence.
DWELLING, ATTACHED. A dwelling with one or more party walls, or one party wall in the case of a dwelling at the end of a group of attached dwellings.
DWELLING, MULTIPLE. Two or more attached dwelling units, including but not limited to condominiums and row houses.
FAMILY. An individual, two or more persons related by blood or marriage, or a group of not more than five persons who need not be related by blood or marriage, living together as a single housekeeping unit in a dwelling unit. The word FAMILY shall not include groups of more than five persons occupying nursing homes, club houses, fraternity houses, sorority houses, dormitories or nursing homes although a portion of a building in this category may consist of one or more dwelling units occupied by a FAMILY or FAMILIES.
FLOODPLAIN. The area in the community subject to a 1% or greater chance of flooding in any given year.
GARAGE. A structure used for, or designed, arranged or intended to be used for, housing or caring for automobiles, other self-propelled vehicles and trailers.
GOVERNING BODY. Mayor and City Council.
GRADE. A reference plane representing the average of finished ground level adjoining the building at a specific exterior wall.
HEIGHT OF BUILDING. The vertical distance measured from the established average sidewalk grade or street grade or finished grade at the building line, whichever is highest, to the highest point of the building.
HISTORICAL MONUMENTS AND/OR STRUCTURES. Any antique structure or building existing contemporaneously with and commonly associated with an outstanding event or period of history, and any structure or building in which the relics and/or mementos of the event or period are housed and preserved.
HOME OCCUPATION. An occupation or profession for gain or support conducted entirely within a dwelling by a member or members of a family residing on the premises and which provides regular employment for not more than one person who does not reside on the premises.
HOTEL. A building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals and in which there are more than 12 sleeping rooms usually occupied singly and no provision is made for cooking in any individual room or apartment and which maintains an inner lobby for registration through which all tenants must pass to gain access.
HOUSE TRAILER. Any vehicle, trailer, or similar portable structure, with or without its own motive power, having no foundation other than wheels, jacks or skirtings, used or designed or constructed to be used as a conveyance on the public streets and designed or constructed to permit occupancy for dwelling or sleeping purposes. The term HOUSE TRAILER shall include the terms MOBILE HOME, TRAILER COACH, TRAILER CABIN and similar terms.
LIQUOR. Brewed, fermented, or distilled spirits for human consumption, including beer, wine and/or distilled liquor.
LOT. A portion, parcel or plot of land devoted to a common use or a portion, parcel or plot of land occupied by a single building, a single building with customary accessory buildings, or a group of buildings devoted to a common use, including the open spaces required under this chapter, and having its principal frontage on a dedicated street.
(1) CORNER LOT. A lot which abuts on two intersecting streets at their intersections.
(2) DOUBLE FRONTAGE LOT. Any lot other than a corner lot which abuts on two streets.
(3) INTERIOR LOT. Any lot other than a corner lot and including double frontage lots.
LOT DEPTH. The distance from the mid-point of the front lot line to the rear lot line measured in the mean direction of the side lot lines.
LOT LINE. The boundary dividing a given lot from a street, an alley, an adjoining lot, or an adjoining tract of unsubdivided land.
(1) FRONT LOT LINE. The boundary between an interior lot and the right-of-way of a street. In the case of a corner lot or a double frontage lot, the FRONT LOT LINE shall be the boundary between the lot and the right-of-way of the street determined to be the front street as distinguished from the street determined to be the side street or rear street respectively.
(2) REAR LOT LINE. The lot line opposite the front lot line, or the lot line opposite the lot line determined to be the front lot line in the case of a double frontage lot. In the case of a triangular lot or other non-rectangular lot, the REAR LOT LINE shall mean a line within the lot, ten feet long, parallel to, and at the maximum distance from the front lot line.
(3) SIDE LOT LINE. Any lot line other than the front and rear lot lines.
LOT OF RECORD. Any lot within the present incorporated limits of the city which is duly recorded and on file in the office of the County Clerk as a separate unit of land at the time of the enactment of this chapter, or any lot in any area annexed by the city after the enactment of this chapter which is duly recorded and on file in the office of the County Clerk as a separate unit of land at the time of annexation.
LOT WIDTH. The distance between side lot lines measured from points on the side lot lines at a distance from the front lot line equal to the front yard depth required in the district in which the lot is located.
MICROBREWERY. Any place or premises where malt beverages are manufactured for sale, either on premises or off premises, in quantities not to exceed 50,000 barrels in one year.
MOTEL. A building or group of buildings used for the temporary residence of motorists or travelers.
NONCONFORMING USE. A use of a building, structure or land which was lawful at the time of the enactment or amendment of this chapter but which does not conform with the permitted use provisions of this chapter for the district in which it is located.
OPEN SPACE. An unoccupied space open from the ground to the sky.
PARKING LOT. An off-street facility including parking spaces along with adequate provision for drives and aisles for maneuvering and giving access, and for entrance and exit, all laid out in a way to be usable for the parking of more than six automobiles.
PARKING SPACE. An area required for parking one automobile which shall be a minimum of ten feet wide and 20 feet long, not including passageways.
PERSON. Includes a firm, copartnership or corporation.
PLANNING COMMISSION. Campbellsville Planning and Zoning Commission.
PLAT. A map, plan or layout of a city, town, section or subdivision indicating the location and boundaries of individual properties.
PRINCIPAL BUILDING. A building, including covered porches, carports and attached garages, in which is conducted the main or principal use of the lot on which the building is located. In any residential district, a dwelling shall be deemed to be the PRINCIPAL BUILDING on the lot on which it is located.
PRINCIPAL USE. The specific primary purpose for which land or a building is used.
PRIVATE GARAGE. A garage used by persons residing on the premises for storage only and in which no industry or business is conducted.
PROFESSIONAL SERVICES. Those activities include: medical, legal, architectural, engineering, financial and business consulting services and accounting offices. All the on-site activities shall be conducted within an office and generally within normal working hours.
PUBLIC GARAGE. Any garage which is open to the public, operated for profit, and used for storage, repair, rental, greasing, washing, servicing or equipping of automobiles, other motor vehicles and trailers.
PUBLIC UTILITY. Any person, firm, corporation, municipal department or board duly authorized to furnish and furnishing under state or municipal regulations, to the public, electricity, gas, steam, communication, telegraph, transportation or water.
RECREATIONAL AREAS. Country clubs, riding stables, golf courses and similar non-commercial recreation areas and facilities or recreation centers, including swimming pools.
REQUIRED SETBACK. A distance required to obtain the minimum front, side and rear yards required in this chapter.
RETAIL MALT BEVERAGE ESTABLISHMENT or RETAIL MALT BEVERAGE SALES STORE/FACILITY. Any place ore premises where malt beverages are sold to consumers for consumption off premises and not on site and which is not a retail package liquor sales store or facility. For example, a retail malt beverage establishment or retail malt beverage sales store/facility might sell malt beverages such as beer, but the definition does not contemplate such store/facility selling fermented beverages such as wine or distilled spirits such as whiskey, bourbon, gin, vodka, etc.
RETAIL SALES. The commercial transfer of merchandise which is subject to state and local sales taxation including: pharmaceuticals, gardening supplies, landscaping supplies, building supplies, hardware, housewares, clothing, cloth, appliances, furniture, sporting goods and grocery supplies. The Board of Zoning Adjustment shall determine any questions of use.
ROADSIDE STAND. A temporary farm structure used or intended to be solely used by the owner or tenant for the sale of a seasonal farm product(s) of the farm on which it is located.
ROOMING HOUSE. A building where lodging only is provided for compensation to three or more, but not exceeding 12 persons. A building which has accommodations for more than 12 persons shall be defined as a HOTEL under the terms of this chapter.
SANITARY SEWER. A municipal or community sewage disposal system of a type approved by the appropriate local and state agencies.
SCHOOL, PRIVATE. An institution of learning, including colleges and universities, that is not tax-supported.
SCHOOL, PUBLIC. A tax-supported institution of learning, including colleges and universities.
SELF-SERVICE LAUNDRY.
(1) An establishment providing home type washing, drying and ironing machines and/or customer operated type dry cleaning machines.
(2) The establishment may be provided to residents of cluster or multi-family housing if no advertisement or general solicitation is undertaken and where the Board determines the scale of operation to be accessory to the dwelling units.
SERVICE STATION. A building, buildings, premises or portions thereof which are used or arranged, designed or intended to be used for the retail sale of gasoline or other motor vehicle, motor boat or aircraft fuels.
SHALL. Always mandatory and not merely directory.
SHOPPING CENTER. A group of commercial establishments planned, developed, owned and managed as a unit, with off-street parking provided on the property, and related in its location, size and type of shops to the trade area which the unit serves.
SMALL FARM WINERY. A winery producing wines, in an amount not to exceed 50,000 gallons in a calendar year.
STORY. The part of a building included between any floor and the floor or roof next above.
STREET. Any public or private way 20 feet or more in width set aside as a permanent right-of-way for vehicular travel by the general public and affording the principal means of access to abutting property. The word STREET shall include the words HIGHWAY, ROAD, PIKE, AVENUE, BOULEVARD, LANE, PLACE, DRIVE, COURT and similar terms, but it shall not include “limited-access highway”, “controlled-access highway” or similar terms used to designate highwayswhich do not afford direct access to abutting property. In the event a public or private way is designated as an “alley” by name, its width shall determine whether it is a STREET or an alley within this definition.
STREET RIGHT-OF-WAY. The dividing line between a lot and the right-of-way of a public street, or the dividing line between a lot and the right-of-way of a private street over which two or more dominant estates have the right-of-way.
STREET GRADE. The officially established grade of the street upon which a lot fronts. If there is no officially established grade, the existing grade of the street at the midpoint shall be taken as the street grade.
STREET, INTERSECTING. Any street which joins another street at an angle, whether or not it crosses the other.
STREET LINE. A lot line dividing a lot from a street.
STRUCTURE. Any constructed or erected material or combination of materials, the use of which requires more or less permanent location on the ground. The term STRUCTURE includes, but is not limited to, buildings, sheds, storage bins, fences, billboards and signs, stadiums, swimming pools and tents.
SUBSTANTIAL IMPROVEMENT.
(1) For a structure built prior to the enactment of this chapter, any repair, reconstruction or improvement of a structure, the costs of which equals or exceeds 50% of the total replacement cost of the structure either:
(a) Before the improvement or repair is started; or
(b) If the structure has been damaged and is being restored, before the damage occurred.
(2) The term does not include either:
(a) Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
(b) Any alteration of a structure listed on the National Register of Historic Places.
TABLE RESTAURANT SERVING ALCOHOL (“TABLE RESTAURANT SA”). Any place or premises where malt beverages or liquor are sold to consumers for consumption on site and which derives more than 50% of its revenue from other than aggregate sales of malt beverages and/or liquor.
TAVERN. Any place or premises where malt beverages or liquor are sold to consumers for consumption on site which is not a table restaurant.
TOTAL FLOOR AREA. The area of all floors of a building including finished attics, finished basements and covered porches.
TOURIST HOME. A dwelling in which overnight accommodations are provided or offered for transient guests for compensation.
TRAILER PARK.
(1) An area of land upon which two or more house trailers, occupied for dwelling or sleeping purposes, are located, either free of charge or for revenue purposes, and including any building, structure, vehicle or enclosure used or intended to be used as a part of the facilities or equipment of the trailer park.
(2) The term TRAILER PARK shall include the term TRAILER COURT and similar terms.
USE. The purpose or activity for which a building, structure or land is occupied, designed, constructed or maintained.
USED or OCCUPIED. As applied to any land or building shall be construed to include the words INTENDED, ARRANGED OR DESIGNED TO BE USED OR OCCUPIED.
VARIANCE. A grant of relief to a person from the requirements of this chapter which permits construction in a manner otherwise prohibited by this chapter where specific enforcement would prohibit the reasonable use of the property. To provide a VARIANCE, the Board shall determine that the property in question differs significantly from other parcels in the same district in terms of slope or size or shape.
WINERY. Any place or premises in which wine is manufactured from any fruit, or brandies are distilled as a by-product of wine or other fruit, or cordials are compounded.
YARD. An open space on the same lot with a principal building, unoccupied and unobstructed by buildings or structures from the ground to the sky except where encroachments and accessory buildings are expressly permitted by the provisions of this chapter.
(1) FRONT YARD. An open, unoccupied space on the same lot with a principal building, extending the full width of the lot, and measured between the front lot lines and the nearest part of the principal building.
(2) REAR YARD. An open, unoccupied space on the same lot with a principal building, extending the full width of the lot, and measured between the rear lot line and the nearest part of the principal building.
(3) SIDE YARD. An open, unoccupied space on the same lot with a principal building, measured between the side lot line and the nearest part of the principal building and extending from the rear line of the front yard to the front line of the rear yard.
(2000 Code, App. B, § 31) (Am. Ord. 16-09, passed 11-21-2016)
§ 155.004 ZONING AFFECTS EVERY BUILDING AND USE.
No building, structure, land or portion thereof shall hereafter be used and no building, structure or portion thereof shall hereafter be constructed, erected, reconstructed, altered, repaired or moved unless for a use expressly permitted by and in conformity with the regulations herein specified for the district in which it is located, except as hereinafter provided.
(2000 Code, App. B, § 32) Penalty, see § 155.999
§ 155.005 NONCONFORMING USES.
Lawful nonconforming uses existing at the time of the enactment of this chapter or any amendment thereto may be continued subject to the following provisions.
(A) A nonconforming use shall not be changed to any but a conforming use. When a nonconforming use has been changed to conforming use, it shall not be changed again to any nonconforming use.
(B) A nonconforming use of a building or buildings shall not be materially expanded in its scope or extended to include either additional land or buildings after the enactment or subsequent amendment of this chapter.
(C) Normal maintenance or alteration may be performed on nonconforming structures.
(D) When a nonconforming use of building, structure or land has been discontinued for a period of 60 consecutive months, it shall not be re-established or changed to any use not in conformity with the provisions of the district in which it is located. Non-operative status or vacating of the premises or building shall be evidence of a discontinued use. Sixty consecutive months shall constitute the irrefutable presumption of voluntary discontinued use.
(E) No building or structure designed or intended to be utilized for a nonconforming use shall be constructed or allowed unless construction is already underway at the time of the enactment or subsequent amendment of this chapter and is being diligently prosecuted so that the building or structure will be completed within 18 months from the time of the enactment or subsequent amendment of this chapter. All outstanding building permits for construction which does not meet these requirements shall be rendered null and void by the enactment or subsequent amendment of this chapter.
(2000 Code, App. B, § 33)
§ 155.006 NONCONFORMING BUILDINGS AND STRUCTURES.
Lawful nonconforming buildings and structures existing at the time of the passage of this chapter or any amendment thereto shall be allowed to remain subject to the following provisions:
(A) A nonconforming building or structure shall not be extended or enlarged unless the extension or enlargement complies with all of the requirements of this chapter for the district in which it is located; and
(B) Any nonconforming building or structure which is damaged by fire, flood, wind or other act of God or humans to the extent of 50% or more of its fair sales value immediately prior to damage shall not be repaired or reconstructed except in conformity with the provisions of this chapter.
(2000 Code, App. B, § 34)
§ 155.007 DISCONTINUANCE OF NONCONFORMING USES.
(A) All nonconforming junk yards, lumber yards, coal and fuel yards, used automobile sales lots, machinery and equipment and similar uses of open land not involving an investment in permanent buildings and facilities of 50% or more of the assessed valuation for tax purposes of the land on which they stand shall be torn down, altered or otherwise made to conform with the provisions and regulations of this chapter within one year of the date of its enactment.
(B) All nonconforming signs and awnings attached to buildings or other structures shall be removed, altered or otherwise made to conform with the provisions and regulations of this chapter by [(sic)].
(2000 Code, App. B, § 35)
§ 155.008 REAR DWELLINGS PROHIBITED.
(A) Only one principal building and its customary accessory buildings shall hereinafter be erected on any lot except as provided in § 155.091 below for group housing.
(B) No dwelling or house trailer to be used for dwelling or sleeping purposes shall be erected or placed on a lot which does not abut on at least one public street for at least 40 feet.
(C) No building in the rear of a principal building on the same lot may be used for residential purposes unless the use is approved as a special exception by the Board of Zoning Adjustment. The Board shall determine that adequate vehicular access will be provided by a public street and that the criteria for group housing set forth in § 155.091 below are met.
(D) The equipping of an accessory building with a sink, cooking stove or other kitchen facilities shall be prima facie evidence that the building is not an accessory building but is a separate dwelling which must meet all minimum standards of lot area, lot width and yard sizes of the district in which it is located.
(E) No house trailer intended for dwelling or sleeping purposes shall be placed on any lot on which a structure used for dwelling purposes already exists unless the house trailer is so placed that it meets all of the requirements for a dwelling located in the district. Specifically, a house trailer must be located so that the portion of the lot assigned to it and on which it is located abuts on at least one public street for a distance of not less than 40 feet; the portion of the lot on which the house trailer is located must meet the lot area, lot width and yard requirements of the district in which it is located; the house trailer shall not be placed in the required lot area or in a yard or open space required for any other structures; and the house trailer may not be connected to electric, gas, telephone, water, sewer or any other utility or service in, through or at another structure as all utility and service connections must be made directly to the house trailer from regular utility service lines in the same manner that connections are provided to other dwelling structures in the area.
(F) A house trailer owned by a resident of a dwelling unit on a particular lot may be located on the lot provided it is parked at the rear of the lot, it meets the setback or distance from lot lines requirements for an accessory building in the district in which it is located, it has no utility or service connection, and it is not used for dwelling or sleeping purposes.
(2000 Code, App. B, § 36)
§ 155.009 REDUCTIONS IN LOT AREA.
No lot, even though it may consist of one or more adjacent lots of record, shall be reduced in area so that lot width, lot area per dwelling unit, building area, yard sizes or other requirements of this chapter are not maintained. The provisions of this section shall not apply when a portion of a lot is required for a public purpose.
(2000 Code, App. B, § 37)
§ 155.010 OFF-STREET AUTOMOBILE PARKING AND STORAGE.
(A) Permanent off-street automobile storage, parking or standing space shall be provided as set forth below at the time of the erection of any building or structure, at the time any principal building or structure is enlarged or increased in capacity by adding dwelling units, guest rooms, seats or floor area, or before conversion from one zoning use or occupancy to another. The space shall be provided with vehicular access to a street or alley. This space shall be deemed to be required open space associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner. No required front yard or portion thereof in any residential district shall be utilized to provide parking space required in this chapter. These parking space requirements shall not apply in the Central Business District (B-3). At least the following minimum parking space requirements for specific uses shall be provided.
(1) Bowling alleys, recreation centers, swimming pools, skating rinks and other recreation and amusement facilities: one parking space for every five customers computed on the basis of maximum servicing capacity at any one time plus one additional space for every two persons regularly employed on the premises.
(2) Clubhouses and permanent meeting places of veterans, business, civic, fraternal, labor and similar organizations: one parking space for every 50 square feet of aggregate floor area in the auditorium, assembly hall and dining room of the building plus one additional space for every two persons regularly employed on the premises.
(3) Dormitories, fraternity houses and sorority houses: one parking space for every two beds occupied at maximum capacity. This requirement is in addition to the parking space requirements for educational establishments set forth in division (A)(27) below.
(4) Funeral homes and undertaking establishments: parking or storage space for all vehicles used directly in the conduct of the business plus one parking space for every two persons regularly employed on the premises and one space for every six seats in the auditorium or chapel of the establishment. If the establishment does not have a chapel or auditorium, the additional parking to be required for funeral visitors shall be determined by the Board based on the number of funerals that can be handled at one time, the size of the facilities and other relevant factors.
(5) Hospitals: one parking space for every two beds intended for patients, excluding bassinets.
(6) House trailers: one parking space for each trailer used for dwelling or sleeping purposes.
(7) Indoor retail businesses: parking or storage space for all vehicles used directly in the conduct of the business plus four parking spaces for the each 1,000 square feet of total floor area.
(8) Industrial plants and facilities: parking or storage space for all vehicles used directly in the conduct of the industrial use plus one parking space for every three employees on the premises at maximum employment on a single shift.
(9) Junior and senior high schools: one parking space for every five seats occupied at maximum capacity in the assembly hall, auditorium, stadium or gymnasium of greatest capacity on the school grounds of campus. If the school has no assembly hall, auditorium, stadium or gymnasium, one parking space shall be provided for each person regularly employed at the school plus two additional spaces for each classroom.
(10) Libraries, museums, post offices, civic centers and similar establishments: parking or storage space for all vehicles used directly in the operation of the establishments plus four parking spaces for the first 1,000 square feet of total floor area and one additional space for every additional 150 square feet of floor area.
(11) Medical and dental clinics: three parking spaces for each doctor plus one additional space for every two regular employees.
(12) Nurses homes: one parking space for every two beds occupied at maximum capacity. This requirement is in addition to the parking space requirements of hospitals set forth in division (A)(5) above.
(13) Offices: one parking space for every 200 square feet of office space.
(14) Outdoor retail businesses: parking or storage space for all vehicles used directly in the conduct of the business plus two parking spaces for each person employed on the premises based on maximum seasonal employment, and additional space as may be required by the Board of Zoning Adjustment based on the nature of the business and other relevant factors.
(15) Public and private elementary schools: one parking space for each person regularly employed at the school, plus one additional space for each classroom.
(16) Public garages: indoor or outdoor parking or storage space for all vehicles used directly in the conduct of the business plus three parking spaces for each person regularly employed on the premises.
(17) Repair shops, plumbing shops, electrical shops, roofing shops and other service establishments: parking or storage space for all vehicles used directly in the conduct of the business plus two parking spaces for each person regularly employed on the premises.
(18) Residences and apartment houses: one parking space for each dwelling unit or apartment.
(19) Restaurants and other eating and drinking establishments: one parking space for every 100 square feet of total floor area.
(20) Rooming and boarding houses: one parking space for each sleeping room occupied by roomers or boarders plus one space for each dwelling unit on the premises, and plus one additional space for every two persons regularly employed on the premises.
(21) Self-service laundries: one parking space for every two washing machines.
(22) Service stations: parking or storage space for all vehicles used directly in the conduct of the business plus one parking space for each gas pump, three spaces for each grease rack or similar facility, and one space for every two persons employed on the premises at maximum employment on a single shift.
(23) Theaters, auditoriums, churches, stadiums, and other places of public assembly: one parking space for every five seats occupied at maximum capacity.
(24) Tourist homes, tourist courts, motels and hotels: one parking space for each sleeping room offered for tourist accommodation plus one space for each dwelling unit on the premises and plus one additional space for every two persons regularly employed on the premises.
(25) Trailer parks: one parking space for each trailer space plus one additional space for every two persons regularly employed on the premises.
(26) Transportation terminals: one parking space for every 100 square feet of waiting room space plus one additional space for every two persons regularly employed on the premises.
(27) Universities, colleges, academies and similar institutions of higher learning: one parking space for every five seats occupied at maximum capacity in the assembly hall, auditorium, stadium or gymnasium of greatest capacity on the campus. If the institution has no assembly hall, auditorium, stadium or gymnasium, one parking space shall be provided for each person regularly employed at the institution plus five additional spaces for each classroom.
(28) Warehouses, freight terminals and trucking terminals: parking or storage space for all vehicles used directly in the conduct of the business plus two parking spaces for each person regularly employed on the premises.
(29) Wholesale businesses: parking or storage space for all vehicles used directly in the conduct of the business plus two parking spaces for each person employed on the premises based on maximum seasonal employment.
(B) If the vehicle storage space or standing space required above cannot be reasonably provided on the same lot on which the principal use is conducted, the Board of Zoning Adjustment may permit the space to be provided on other off-street property provided the space lies within 400 feet of the main entrance to the principal use. The vehicle parking space shall be deemed to be required open space associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner.
(C) Vehicle parking or storage space maintained in connection with an existing and continuing principal building, structure or land use on the effective date of this chapter or amendment thereto up to the number required by this chapter shall be continued and may not be counted as serving a new building, structure, addition or land use; nor shall any required parking space be substituted for an off-street loading and unloading space, nor any required loading and unloading space substituted for a parking space.
(D) The required parking space for any number of separate uses may be combined in one lot, but the required space assigned to one use may not be assigned to another use at the same time, except that one-half of the parking space required for churches, theaters or assembly halls whose peak attendance will be at night or on Sunday may be assigned to a use which will be closed at night or on Sunday.
(E) No off-street automobile parking or storage area shall be used or designed, arranged or constructed to be used in a manner that will obstruct or interfere with the free use of any street, alley or adjoining property.
(F) The parking spaces provided along with their necessary driveways and passageways shall be paved in a manner adequate to eliminate dust and mud problems. Plans for the parking spaces are to be included with the plans for construction of buildings and other structures and are to be presented to the Building Inspector at the time applications for building permits are filed. The parking areas are to be kept free of obstructions and unsightly objects. Intersections of parking areas with sidewalks or street pavements must be made in an approved manner. Provision must be made for the adequate drainage of parking areas.
(G) No commercial motor vehicle of more than one ton capacity shall be parked or stored overnight either on or off the street in any residential district.
(2000 Code, App. B, § 38)
§ 155.011 OFF-STREET LOADING AND UNLOADING SPACE.
(A) Every building or structure used for business, trade or industry shall provide space as herein indicated for the loading and unloading of vehicles off the street or public alley.
(B) The space shall have access to a public alley or, if there is no alley, to a street; off-street loading and unloading space shall be in addition to and not considered as meeting a part of the requirements for off-street parking space.
(C) Off-street loading and unloading space shall not be used or designed, intended or constructed to be used in a manner to obstruct or interfere with the free use of any street, alley or adjoining property.
(D) At least the following off-street loading and unloading space requirements for specific uses shall be provided:
(1) Retail businesses and service establishments: one off-street loading and unloading space at least 12 feet by 35 feet for every 3,000 square feet of total floor area;
(2) Industrial plants: one off-street loading and unloading space at least 12 feet by 50 feet for every 10,000 square feet of total floor area;
(3) Warehouses and wholesale storage facilities: one off-street loading and unloading space at least 12 feet by 50 feet for every 7,500 square feet of total floor area; and
(4) Freight terminals and trucking terminals: one off-street loading and unloading space at least 12 feet by 50 feet for every 5,000 square feet of total floor area.
(E) (1) Obstructions to vision at street intersections prohibited. Within the triangular or other shaped area formed on a lot by a straight line connecting the right-of-way lines of an intersecting street and a railroad or the right-of-way lines of two intersecting streets at points 20 feet from the intersection of the right-of-way lines, there shall be no obstructions to vision between a height of three and one-half feet and a height of ten feet above the average grade of each street or railroad. This requirement applies to fences, walls, shrubbery, signs, marquees and other obstructions to vision, but it does not prohibit a necessary retaining wall. The provisions of this section do not apply within the Central Business District (B-3).
(2) Front yard requirements for corner lots. Corner lots shall meet the front yard requirements of the district or districts in which they are located on both the street considered as the front street and the street considered as the side street.
(3) Front yard requirements for double frontage lots. Double frontage lots shall meet the front yard requirements of the district or districts in which they are located on both of the streets upon which they front.
(4) Required yard not to be used by another building. No part of a yard required about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard required by this chapter for another building.
(2000 Code, App. B, § 39)
§ 155.012 PLANNING AND ZONING AGENCY.
(A) There is hereby established the Planning and Zoning Agency of the city. The agency shall be charged with all duties, functions and responsibilities more particularly set forth in KRS 100, including, but not limited to the responsibility of overseeing the Planning and Zoning Commission, the Board of Adjustments and the issuance of building permits.
(B) The agency shall also collect fees for building and sign permits, city engineer services and plan review fees, including other required fees currently associated with planning and zoning. The agency shall further maintain and update the Comprehensive Plan, and administer all other planning and zoning duties and responsibilities which are currently administered by the City Housing Authority, including those which may now or hereafter become necessary.
(C) There is further established the position of Director of the Planning and Zoning Agency, who shall oversee and administer all services, activities and responsibilities of the Planning and Zoning Agency. The Director shall be appointed by the Mayor and his or her appointment and salary shall be confirmed by the City Council. The Director shall serve an indefinite term at the pleasure and discretion of the Mayor.
(D) There may be implemented a more detailed outline of the policies, procedures, requirements and the like, of the Planning and Zoning Agency and/or the position of Director of the Planning and Zoning Agency.
(Ord. 02-07, passed 4-1-2002)