Clark County Unincorporated
City Zoning Code

GENERAL DEVELOPMENT

REGULATIONS

§ 155.125 COORDINATION WITH SUBDIVISION REGULATIONS.

(A) In all cases where land is to be subdivided, a subdivision for the purpose of eventual development of lots of any kind (residential, commercial, or industrial), the provisions of the Winchester-Clark County Subdivision Regulations shall apply in addition to the provisions of this chapter.

(B) It is desirable that access points to arterial streets serving all zoning districts shall be located no more frequently than once every eighth to quarter mile. Topography and traffic volumes shall determine the exact locations. Heavy arterial traffic volumes demand greater access spacing. Along any arterial street where subdivided land and its minor streets are not sufficiently developed to permit acceptably spaced access points the Winchester-Clark County Planning Commission (hereinafter known as the Planning Commission) may approve the platting of temporary access points and may require that temporary access points shall be eliminated by the developer when minor streets or marginal access streets are extended to the approved permanent access points. Such requirements shall be listed as special conditions on the recorded final plat. Access points shall also meet federal and state standards where applicable.

(Prior Code, § 8.1)

§ 155.126 WATER SUPPLY AND SEWAGE DISPOSAL.

It shall be unlawful to construct any building or occupy any mobile home without water supply and sewage disposal facilities approved by the County Health Officer. Wherever water or sewer mains are accessible, buildings and mobile homes shall be connected to such mains. In every other case, individual water supply and sewage disposal must meet the requirements established by the county’s Health Department and the state’s Department of Health.

(Prior Code, § 8.2) Penalty, see § 155.999

§ 155.127 REGULATION OF PRINCIPAL BUILDING.

Only one principal building and permitted accessory structure may be erected on any lot or parcel of land, unless a development plan has been approved by the Commission pursuant to § 155.130 allowing multiple principal structures. A billboard may be considered a principal structure if so designated in this chapter. Temporary structures are permitted during construction only, and Class A, B, or C mobile homes may be utilized as temporary structures. Temporary occupancy shall not exceed one year during construction of a residence nor two years during construction of other projects, provided, however, that the Enforcement Officer may grant an extension of time for good cause shown.

(Prior Code, § 8.3) (Ord. 29-83, passed 12-27-1983; Ord. 9-88, passed 5-24-1988)

§ 155.128 PLANNED DEVELOPMENT PROJECT REGULATIONS.

(A) Intent. The planned development project regulation is intended to permit the development of land for a purpose permitted within the zoning district in which located, and to increase the flexibility of design and encourage innovation by providing for the waiving of dimensional requirements. A planned development project may be permitted in those zoning districts where it is designated as a special use under the zoning district regulations or may be permitted in any district after an amendment to the zoning map. A planned development project may depart from literal conformance with individual lot dimension and area regulations. A planned development project may be under single or divided ownership. All planned development projects shall be subject to the following regulations.

(B) Procedure. When a planned development project is proposed, the procedure for subdivision approval as set forth in the Winchester-Clark County Subdivision Regulations shall be followed in its entirety even though the ownership of land may not be divided. A preliminary plat and final plat, both approved by the Planning Commission, shall be required for every planned development project. The Planning Commission may establish a schedule of reasonable fees to be charged for plat review. The project shall be developed according to the approved final plat. Zoning permits and certificates of occupancy shall be required for each building according to the requirements of this chapter.

(C) Uses and densities. The uses of premises and development densities in a planned development project shall conform with the permitted uses and densities of the zoning district in which it is located when it is permitted as a special use. If a planned development project is proposed which includes uses or densities that are not permitted in the zoning district where it is proposed or not permitted in any zoning district, the project may be permitted after an amendment to the zoning district in conformance with the requirements of this chapter. The amendment may be made after the conditional approval of the preliminary plat and shall be valid only for that project as approved.

(D) Standards. In any planned development project, although it is permissible to depart from literal conformance with the individual lot dimension and area regulations, there shall be no reduction in the total equivalent lot area, parking area, and loading and unloading area requirements that would be necessary for the equivalent amount of individual lot development in the zoning district where it is located unless an amendment is made to permit a greater density according to the requirements of this chapter.

(E) Special conditions. The Planning Commission shall attach reasonable special conditions to ensure that there shall be no departure from the intent of this chapter. The planned development project shall conform with all such conditions. Because a planned development project is inherently more complex than an individual lot development and because each such project must be tailored to the topography and neighboring uses, the standards for such projects cannot be inflexible. The Planning Commission may attach special conditions based on all of the following standards in addition to imposing the standards for total area, parking area, and loading and unloading areas. The Planning Commission may also attach any other reasonable special conditions.

(1) It is desirable that access points to all arterial streets shall be located no more frequently than once every eighth or quarter mile. The Planning Commission may approve the plotting of temporary access points in conformance with the subdivision regulations.

(2) Wherever there is an abrupt change in uses (i.e., residential to commercial) it is desirable that a buffer area of open space or protective planting be placed between them which will protect each use from the undesirable effects of the other.

(3) Parking and other areas used at night shall be adequately lighted, and private areas shall be adequately protected from such lighting and any other lighting from public areas. Public streets may also require protection from excessive glare of lighted areas.

(F) Amendment. An approved development plan may be amended only by the Planning Commission after a public hearing has been held on said proposed amendment. The procedure to be followed in amending a development plan shall be the same as the procedure required for approval of development plans.

(Prior Code, § 8.4)

§ 155.129 CLASSIFICATION OF MANUFACTURED HOMES.

For the purposes of this chapter, manufactured homes are divided into four classes as follows.

(A) Class A manufactured homes. A Class A manufactured home is one which:

(1) Is certified by the Mobile Home Manufacturer’s Association and the state’s Department of Housing, Building, and Construction as meeting all federal and state construction and safety standards, (herein called “construction and safety standards”); and

(2) Is installed in accordance with the following requirements (herein called “acceptable installation standards”);

(a) It shall be permanently attached and installed on a permanent foundation in accordance with the manufacturer’s installation specifications, which installation specification shall have been approved by the U.S. Department of Housing and Urban Development, and in accordance with the local building code applicable to single-family dwellings;

(b) All wheel, trailer-tongue, and hitch assemblies shall be removed prior to installation;

(c) It shall be permanently connected to an approved water and sewer system and shall comply with all public health requirements governing plumbing installations; and

(B) Standards. When installed, meets all of the following standards (herein called “acceptable appearance standards”) designed to achieve acceptable similarity in appearance between the manufactured home and the site-built home in this community.

(1) A poured concrete or masonry block skirting wall shall be constructed beneath and along the entire perimeter of the manufactured home, even if said wall is not structurally required by the manufacturer’s installation specifications.

(2) The minimum width of the main body of the manufactured home as assembled on the site shall not be less than 24 feet as measured across 65% of the total length of the home.

(3) The roof shall have a pitch of not less than two and one-half feet of rise for each 12 feet of horizontal run, and eaves that shall overhang six inches on the gable sides and 12 inches on the eave sides, is constructed or roofing materials acceptable under, and installed in accordance with the local code applicable to single-family dwellings.

(4) All exterior walls shall be constructed of nonreflective siding materials which will have the appearance of wood or masonry, regardless of their actual composition, and shall be applied in accordance with the local building code applicable to residential construction.

(C) Class B manufactured home. A Class B manufactured home is one which meets the “construction and safety standards” and the “acceptable installation standards”, but which fails to meet the “acceptable appearance standards”.

(D) Class C manufactured home. A Class C manufactured home is one which fails to meet either the “construction and safety standards” or the “acceptable installation standards”, or both, but is nevertheless found on inspection to be safe and fit for residential occupancy.

(E) Class D manufactured home. A Class D manufactured home is one which fails to meet the “construction and safety standards” or the “acceptable installation standards”, or both, and is found on inspection to be unfit for human occupancy.

(Prior Code, § 8.5) (Ord. 28-83, passed 12-27-1983)

§ 155.130 DEVELOPMENT PLAN.

(A) Intent and purpose. The purpose of this section is to establish and define development plans which may be utilized for a wide variety of planning related procedures. This section outlines the content and procedure for submission, review, and approval, of all development plans required by the zoning ordinance and subdivision regulations unless another procedure or different contents are specified elsewhere in this chapter.

(B) Where required. Development plans shall be required as follows.

(1) Development plans in conjunction with zone map amendment requests. Development plan approval shall be required with any zoning map amendment request.

(a) All applications for zoning map amendment shall require the submission and approval of both a preliminary development plan and a final development plan prior to development of the property. The preliminary development plan may be submitted in conjunction with the zoning map amendment request, but is not required. However, a certified plat, identifying the parcel to be rezoned and indicating bearings and distance with the accompanying written boundary description must be submitted with the zone map amendment request.

(b) The Commission, in its discretion, may waive the requirement for the submission and approval of a preliminary development plan, a final development plan, or both, if the Commission finds that there will be minimal impact on the neighborhood or the subject property.

(2) Development plans required for multiple principal structures as permitted by § 155.127. Development plans required by § 155.127 to permit more than one principal structure and its accessory structures on a lot or a parcel of land shall be submitted to the Commission, in accordance with the provisions of this subchapter.

(C) Development plan procedures. The following shall be the procedure for Planning Commission consideration of any development plan.

(1) Filing. To formally request Planning Commission action on the development plan, the developer shall file three completed copies of the plans required by the Commission.

(2) Review. The Planning Commission staff and concerned agencies shall review the development plan, and make recommendations to the Commission’s Subdivision Committee. The Subdivision Committee will review all recommendations, and then forward their recommendations to the Commission.

(3) Commission action.

(a) No development plans shall be considered for action by the Commission until they have been reviewed by the Subdivision Committee. All development plans shall be approved or disapproved within 90 days of the date they are formally filed for Commission action. However, in case of a development plan filed in conjunction with a map amendment request, the Planning Commission may postpone action of the development plan until after the legislative body has made its decision on the map amendment request.

(b) The Commission will review the Subdivision Committee’s recommendation and then act for approval, conditional approval with conditions noted, postponement, or disapproval. The Commission may modify or disapprove the development plan if it finds the plan does not comply with the requirement of this chapter, and when applicable, the land subdivision regulations, or if it finds there are existing or potential substantial flood, drainage, traffic, topographic, or other similar problems relating to the development of the subject property.

(D) Types of development plans. There shall be a preliminary development plan and a final development plan, defined as follows.

(1) Preliminary development plan. A preliminary development plan is a site plan by which, at the early stages of development design, the Commission may consider, approve, and restrict many major aspects of the development without requiring an undue amount of final design work on the part of the developer. The preliminary development plan is less detailed and specific than a final development plan in terms of exact arrangement of buildings, parking areas, open spaces, access points, and any other site design features. No building permits can be issued based upon a preliminary development plan.

(2) Contents of preliminary development plan. A preliminary development plan shall contain the following information at a minimum:

(a) A title block containing the plan name, development plan type, name and address of developer and plan preparer, and written scale;

(b) The boundary of the subject property and the record plan name or owner’s name of all adjoining property;

(d) Topography with contour intervals as shown on the available United States Geological Survey (USGS) sheets;

(e) Location, arrangement, and approximate dimensions of existing and proposed driveways, walkways, parking areas and arrangement of spaces, points of ingress and egress, and other vehicular and pedestrian rights-of-way;

(f) Location of any proposed or existing streets within or abutting the subject property;

(g) Screening, landscaping, buffering, recreational, and other open space areas;

(h) Approximate size, location, height, floor area, area arrangement, and use of proposed existing buildings and signs;

(i) Storm drainage areas, floodplains, conceptual drainage controls and storm water retention, and any other designated environmentally sensitive or geologic hazard area;

(j) Proposed and existing easements for utilities or other purposes;

(k) Areas of substantial existing trees including those located along fence rows and drainage areas along with a general description of the type and size of such trees;

(l) A statistical summary of all pertinent site data, including site area, zoning, building coverage and floor area, parking, open space, and the like;

(m) An owner’s certification, signed and witnessed as follows: “I (We) do hereby certify that I am (we are) the only owner(s) of the property shown hereon, and do adopt this as my (our) development plan for the property”; and

(n) A Commission’s certification to be signed by the Commission’s Secretary if and when the plan is fully approved as follows: “I do hereby certify that his or her development plan was approved by the Planning Commission”.

(3) Final development plan. A development plan from which a building permit will be sought. A final development plan is intended to deal with site design issues at a detailed level and to actually dictate the approved locations of building, parking areas, open spaces, access points, and any other site design features, that vary from those requirements for the uses permitted and regulated by the dimension and area requirements for that zoning classification.

(4) Contents of final development plan. All information required for preliminary development plans as required under division (D)(1) above, divisions (D)(2)(a) through (D)(2)(n) above, and that the plan information shall be of an exact nature, rather than approximate or general.

(E) Amendments to development plans.

(1) Amendments to approved development plans can be made only by official Planning Commission action. Content and format and procedures shall be as for the original submission. However, amendments which fully meet the requirements set forth hereinafter for minor amendments may be approved and certified by the Commission’s staff without further action by the Commission.

(2) Minor amendments are intended to expedite approval in those situations where amendments are of minor significance and generally relate to the shifting of previously approved spaces. Such amendments shall not decrease the overall land area in yards, or other open spaces; shall not increase building ground area coverage, floor area, or height; or increase the number of dwelling units; shall not increase the number or size or signs; shall not change the location of any street and shall not increase the number, or change the location of street access points; except that shifts in the approved access location not exceeding 25 feet may be approved as a minor amendment where the access point is not located on an arterial street.

(F) Development plans and preliminary subdivision plan may be combined. It is recognized that for certain development situations it can be advantageous to both the developer and the Commission to combine the functions and requirements for development plans and preliminary subdivision plans in order to streamline the development approval process while not reducing the quality of the review.

(G) Preliminary or final subdivision plan may be substituted for development plans required in conjunction with map amendment request. It is recognized that in certain cases, a preliminary or final subdivision plan would be as appropriate or more appropriate to be considered in conjunction with a map amendment request than a development plan. Generally, such situations involve developments where placements of structures will be tightly controlled by the streets, lot pattern, and the requirements for placement of structures within the zone, and where the developer sees fit to have plans prepared at the required level of detail for subdivision plans prior to receiving a zone change approval.

(Prior Code, § 8.6) (Ord. 36-86, passed 12-10-1987; Ord. 2008-19, passed 9-24-2008)

§ 155.131 RURAL RESIDENTIAL CLUSTER DEVELOPMENT REGULATIONS.

(A) Application process. The applicant must utilize the planned development application process, including a proposed development plan for a rural residential cluster development. The approval process will include a public hearing as required for a zone change.

(B) Hearing request. The applicant must formally request a public hearing as required by KRS Chapter 100 by filing the appropriate application, three copies of the proposed cluster development plan, and paying the appropriate fees.

(C) Plan procedures. The development plan procedures outlined in § 155.130 shall be followed. In addition, the plan must disclose the following: lot coverage, height of buildings, maximum building height, construction type, deed restrictions, contiguous properties with road frontages for each property, and crossing points on the access road, if reserved by owner of set-aside.

(D) Minimum requirements. The following minimum acreage and road frontage requirements shall apply.

(1) Cluster development shall contain not less than 60 acres in addition to the acreage contained in the cluster envelope.

(2) For each house in the cluster development (excluding bonus sites), there must be at least 125 feet of frontage on a road publicly maintained at the time of the adoption of this section.

(3) Cluster developments are permitted on farms with less than 125 feet of public road frontage provided the following conditions are met:

(a) At the date of the adoption of this section, insufficient road frontage existed to comply with the following road frontage requirements;

(b) All other cluster requirements are fully met; and

(c) Owner shall have purchased or contracted to purchase sufficient development rights to meet the road frontage requirements.

(4) The area of the cluster envelope shall not exceed an average of one and one-half acres per house site, but there shall be no minimum lot size.

(E) Set-aside requirements.

(1) The owner shall be required to reserve or grant a conservation easement to or for the benefit of the Planning Commission barring further development or subdivision of the set-aside for a period of not less than 25 years, after which the status of the land may be reviewed as a part of the comprehensive planning process and a change in the classification of the property may be recommended if in agreement with the goals and objectives of the plan.

(2) The set-aside shall contain not less than ten acres per house site, including bonus sites.

(3) Nothing herein shall be construed to limit the agricultural activities or practices which may be conducted on the set-aside; provided, however, that the owner of the set-aside may voluntarily enter into private covenants running with the land agreeing not to engage in certain agricultural activities or practices.

(F) Location of cluster development.

(1) The set-aside must completely surround the cluster envelope.

(2) There must be a minimum distance of 125 feet between all points of the cluster envelope and the property line.

(3) All points of the cluster envelope must be set back from the public road a minimum of 500 feet; provided, however, that the Planning Commission shall have discretion in grant exceptions to the minimum setback if the Board finds that the viewshed is protected by topography, mature woodlands, or other natural features.

(G) Number of house sites permitted.

(1) A maximum of 12 house sites are permitted unless additional sites are permitted pursuant to the following provisions.

(2) The number of house sites permitted may be increased by 50% up to a maximum of six additional house sites by the use of transferred development rights (TDRs).

(3) A maximum of four additional “bonus sites” may be permitted, in the discretion of the Planning Commission, for such features as underground utilities, creative or innovative design of the cluster or of the roads, or other creative or innovative design features.

(4) Two additional house sites shall be allowed for each additional 250 feet the cluster envelope is set back from the public road over and above the 500-foot minimum set-back.

(5) If there is an existing or proposed house site on the parent tract, the number of permitted house sites in the cluster shall be reduced by two.

(H) Requirements relating to physical improvements, landscaping, and buffering.

(1) The minimum right-of-way for the access road shall be 30 feet; and the minimum pavement width shall be 20 feet.

(2) Unless dedicated and accepted for maintenance by the county, roads shall be maintained by the owner of the parent tract or by a homeowner’s association as required by the deed restrictions.

(3) The access road shall be of traditional road contours with minimum site disturbance, and shall have an entrance engineered for compliance with storm water runoff requirements and design standards.

(4) Signs identifying the cluster shall not exceed 32 square feet including the printed matter and any supporting or decorative features.

(5) Each cluster development shall be permitted only a single access point to the existing public road.

(6) Only one cluster development may be served by a single access road.

(7) The maximum cul-de-sac length of 500 feet as provided in § 153.096 shall not apply to cluster developments.

(8) The cluster envelope must be completely fenced off from the parent tract by a fence having the following minimum requirements: nine gauge wire, 12 inch stays, six inch line posts set 12 feet on center. The installation and maintenance of the fence shall be the responsibility of the owner of the set aside, unless otherwise provided in the deed restrictions.

(9) Landscaping and/or buffering shall be required. The design must provide for maximum preservation of existing topography. If located in the set-aside, the owner of the set-aside shall be responsible for its maintenance.

(10) All physical improvements, including fencing, utilities, landscaping, and roadways shall be installed or a surety bond posted for the completion of the improvements prior to approval of the final plat.

(I) Access roads. Even though a cluster development access road may hereafter be dedicated and accepted for maintenance by the county or other governmental agency, frontage on such road shall not be considered public road frontage under § 155.080 so as to entitle the owner to develop or subdivide the property fronting on such access road.

(Ord. 99-1, passed 3-24-1999)

§ 155.132 FAMILY FARM HOMESITE.

Family farm homesites are permitted under the following requirements and conditions.

(A) Qualifying farm.

(1) Two classes of qualifying farms are created for the construction of family farm home site:

(a) Class 1. The farm must be at least seven acres and less than 25 acres in size and have been owned by the owner/applicant for at least five years; and

(b) Class 2. The farm must be at least 25 acres in size and have been owned by the owner/applicant for at least five years.

(2) The farm must have been owned by the owner/applicant for at least five years.

(B) Qualifying grantee. The grantee of a family farm home site must be an immediate family member/spouse of the grantor.

(1) If the farm meets the criteria for Class 1, then each home site shall contain not less than one acre. The maximum number of family home sites shall be limited to one in addition to the parent tract. The recorded plat shall state that no additional family farm home sites may be created on the parent tract.

(2) If the farm meets the criteria for Class 2, then each home site shall contain not less than one acre. The maximum number of family farm home sites shall be limited to three in addition to the parent tract The recorded plat shall state that no additional family farm home sites may be created on the parent tract.

(D) Access. All family farm home sites shall be located on an access easement at least 20 feet in width providing access to a public road. The access easement shall be shown on the record plat. No new entrances shall be permitted on county roads.

(Prior Code, § 8.8) (Ord. 99-1, passed 3-24-1999; Ord. 2014-17, passed 12-2-2014)

§ 155.133 TRANSFER OF DEVELOPMENT RIGHTS (TDRs).

(A) The purpose of this section is to provide means by which the development rights may be transferred from sending parcels to receiving parcels.

(B) A development right is calculated as being equal to an area of land having 250 feet of road frontage on an existing (at the date of adoption of this regulation) county road with a minimum depth of 200 feet within an A-1 Zoning District, provided, however, that there are no transferable development rights in the urban planning area as set forth in the community’s Comprehensive Plan. In those instances where a parcel of land has no road frontage on an existing county road, but was on a recognized county road on February 27, 1974, and was owned by an immediate family member on or before December 31, 1966, development rights shall be calculated at the rate of one per ten acres.

(1) Area #1. Bordered on the west by Fayette County, the north by I-64, the east by a CSX Railroad line that runs from Winchester to Ford and on the south by Madison County.

(2) Area #2. Bordered on the west by Fayette County, North by Bourbon County, the east by an overhead electric transmission line that runs from the Montgomery/Bourbon County line to the Mountain Parkway near Morris Road, and bordered on the south by I-64 and the Mountain Parkway.

(3) Area #3. Bordered on the west by an electric transmission line and Area #2, the north and east by Montgomery County and Powell County, and on the south by the Mountain Parkway.

(4) Area #4. Bordered on the north by the Mountain Parkway, the east by Powell County, the south by Estill and Madison County and the west by the CSX Railroad and Area #1. Note, not included in any of these areas is the portion of land designated as the urban planning area.

(D) TDR Multiples include the following.

(1) The following chart shall be used to determine TDR multiples.

Location of Sending Parcel	Location of Receiving Parcel	TDR Multiple
Scenic corridor	Non-scenic corridor	2.0
Area #1	Area #2	1.5
Area #2	Area #3	1.5
Area #3	Area #4	1.5
Area #1	Area #3	2.0
Area #2	Area #4	2.0
Area #1	Area #4	2.5

(2) A transfer from one property to another within the same area has TDR multiple of one.

(3) Development rights may not be transferred from a higher numbered area to a lower numbered area.

(E) Procedures include the following.

(1) Sending parcels. The following procedure must be followed by the owner of the sending parcel.

(a) The owner shall file with the Planning Commission a statement certified by a registered surveyor or engineer as to the length of the owner’s frontage on the applicable public road, and may be required to furnish such other information as the Commission may require in order to identify the property and determine the number of development rights attributable to the property.

(b) Development rights may be transferred only by deed and the transfer shall be effective only if approved by the Planning Commission. The deed must state the total number of development rights contained in the sending parcel, the number of development rights transferred by the deed, and the number of development rights remaining in the sending parcel. A transfer of development rights shall be effective only upon recording of the deed transferring same, with Planning Commission approval endorsed thereon.

(2) Receiving parcels. Prior to approval of the deed, the Planning Commission must first approve the grantee’s plan for incorporating the transferred development rights (TDRs).

(F) The Planning Commission shall adopt subdivision regulations to permit TDRs to be used to increase densities use in crossroads community districts.

(Prior Code, § 8.9) (Ord. 99-1, passed 3-24-1999)