Corbin City City Zoning Code
ARTICLE X
§ 102-10.1 HC Highway Commercial District.
Intent. The purpose of the Highway Commercial District is to encourage major commercial concentration with easy highway access, with sufficient controls.
Regulations. The use, height and area regulations of this article and those regulations set forth elsewhere in this ordinance where applicable to these sections and general regulations are the regulations in the HC Highway Commercial District.
§ 102-10.2 Uses.
[Amended 5-13-2002 by Ord. No. 7-2002]
A building or land shall be used only for the following purposes:
1.
Principal Uses and Buildings.
a)
Retail stores and service establishments.
b)
Fully enclosed restaurants and drinking establishments.
c)
General business and professional offices.
d)
Banks/savings and loans, including drive-in facilities.
e)
Motels.
f)
Gasoline service stations and auto repair garages provided:
(1)
That except for gasoline and oil sales, changing of tire or other minor services, all repair work shall be carried on in fully enclosed structures.
(2)
That equipment or parts including junk vehicles shall not be stored outdoors.
(3)
That all gasoline and similar substances shall be stored underground at least 25 feet from any property line other than a street line. No gasoline pump shall be erected within 20 feet of any street or property line.
g)
Municipal uses.
h)
Public utilities.
i)
Public or private schools.
j)
Self-storage facilities, warehouse and distribution centers.
k)
Recreation uses.
l)
Contractor, craftsmen or general service shop but not limited to plumbing, electric, heating, masonry, welding businesses.
m)
Movie theaters wholly contained within a building
n)
New/used auto dealers, with or without service areas
o)
Places of worship.
p)
All currently existing residential uses occupied as by the date of this ordinance.
q)
Communications structures.
r)
Home occupations.
[Added 11-9-2020 by Ord. No. 4-2020]
2.
Accessory Uses. Any use and building reasonably and customarily incidental to any of the principal uses permitted, provided they do not create conditions detrimental to the health, safety or general welfare of the community.
§ 102-10.3 Area and bulk requirements.
[Amended 5-13-2002 by Ord. No. 7-2002]
1.
In General.
a)
Lot Size: 30,000 square foot minimum, all uses.
b)
Lot Width and Frontage: 150 feet minimum, all footage measured at building setback line.
c)
Lot Depth: All uses, 200 feet minimum.
d)
Lot Coverage: All uses, 65% maximum impervious surface.
e)
Front yard setback: All uses, 50 feet minimum.
f)
Side yard setback: 15 feet minimum.
g)
Rear yard: twenty-five foot minimum.
h)
Height: All uses 35 feet height maximum.
i)
Distance between two or more buildings on the same lot: 25 feet minimum.
2.
Area, Bulk and Other Requirements for Communications Structures.
a)
Proof of need and minimal impact. The applicant is required to demonstrate that the development requested is the minimal development necessary to provide adequate communications. Included as part of this requirement, the applicant shall demonstrate at least, but not necessarily limited to, the following:
(i)
That the technology proposed is the least visually intrusive of the various suitable technologies;
(ii)
That the design proposed is the least detrimental to migratory birds and all wildlife in general;
(iii)
That the height of the communication structure is the minimum necessary;
(iv)
That co-location of the communication structure elements on other existing structures or that location at a less visible location is either not practical in order to accomplish the goals of the applicant proposing the construction of the communications structure, or that the visual impact to the community on the proposed site is less than would exist at such alternative locations;
(v)
That the use of the most recent technology would not eliminate the need for the proposed antenna.
b)
Required Minimum Setbacks.
(i)
Each setback from any communications structure, antenna, together with accessory structures mounted thereon, in the (HC) Highway Commercial District, shall be a minimum distance equal to the overall height of the communications structure, antenna(e) and accessory structures above grade at the base of the structure plus the setbacks otherwise applicable in the (HC) Highway Commercial District;
(ii)
Buildings accessory to communications structures and other related accessory structures or equipment shall be subject to the applicable building setback requirements in the (HC) Highway Commercial District.
c)
Accessory Structure Heights.
(i)
Buildings accessory to communications structures and other related accessory structures or equipment shall be subject to the applicable building height limitations in the (HC) Highway Commercial District.
e)
Lighting and Aviation Warning.
(i)
To the extent permitted by applicable Federal or State regulations, where lighting and/or warning of a communications structure to aircraft is required, applicants are expressly limited to the use of red lights and paint. The use of medium or high intensity strobe lighting or dual lighting configurations is prohibited. This prohibition is in accordance with § 16.2 entitled "Prohibited Uses All Districts".
f)
Mitigation of Visual Impact.
(i)
The base of the communication structure support structure and any related structures and equipment shall be screened from the street and adjacent properties in a manner acceptable to the Board. If deemed necessary by the Board to mitigate the visual impact of the communication structure and related structures and equipment, the color, materials and design of a portion of, or the entire communication structure and related structures and equipment shall be required to be modified in appearance so as to blend in with the surrounding environment, as determined by the Board to be appropriate in the particular situation. The foregoing may included, but shall not necessarily be limited to, such modifications as special paint treatment, concealment or the use of camouflage through simulated foliage so as to appear as a tree.
(ii)
Security fencing and landscape buffering may be required to be placed around the base of the communication structure in a manner acceptable to the Board.
g)
Principal Use on Lot.
(i)
The existence of a communication structure shall constitute a principal use and principal structure and no other principal use of principal structure shall be permitted on the lot.
h)
Design for Future Co-location.
(i)
Any proposed communication structure and related structures shall be designed, structurally, electrically and in all respects, to accommodate both the applicant's antenna(e) and comparable antenna(e) for at least two additional users. The communications structure and related structures shall be designed for future rearrangement of antennas and to accept antennas mounted at varying heights. If the foregoing design for co-location requires additional antenna height beyond that necessary for a single-user installation or beyond that permitted above, the Board, in determining the acceptable design, shall balance the benefits and probability of co-location against any detriments resulting from such additional antenna height. If and when there are three or more users on the communications structure, the same shall be deemed a permanent structure and shall require on-site sanitary facilities conforming with all applicable laws, rules or regulations.
(ii)
The foregoing requirements shall also include a letter of commitment by the applicant, submitted prior to any approval by the Board, to lease excess space on the facility to other potential users at reasonable rental rates and on reasonable terms. The letter shall commit the owner of the communication structure and related structures and equipment, as well as any successors in interest.
i)
Compliance with Radiation Emission Standards.
(i)
The applicant shall demonstrate that the proposed communication structure and related structures and equipment complies with all applicable State and Federal regulations of electromagnetic radiation levels. Thereafter, at least every two years after Planning Board approval, the applicant shall demonstrate that the communication structure and related structures and equipment continues to comply with such applicable regulations.
j)
Abandonment; Removal.
(i)
All communications structures and related structures and equipment shall be removed when same are unused or abandoned. Such removal shall occur within six months of such lack of use or abandonment.
(ii)
A copy of the relevant portions of a signed lease which requires the removal of the communication structure and related structures and equipment upon cessation of operations shall be submitted at the time of the application.
(iii)
In the event that the communication structure and related structures and equipment are not removed as required, such structures may be removed by the City of Corbin City and the costs of same shall be assessed against the property.
k)
Objective.
(i)
The objective of this ordinance is to regulate communication structures for land use and aesthetic reasons.
(ii)
Communication structures may cause a safety hazard if not position and secured properly.
(iii)
Communications structures may be aesthetically undesirable because they tend to be large in size and are becoming more numerous. This concern is addressed by regulating the number, location and placement of communications structures so as to minimize the visual disturbance associated with their use.
(iv)
The conditions set forth in this ordinance are intended to address these land use, structural safety and aesthetic concerns.
§ 102-10.4 Other regulations.
All uses principal and accessory within this district are subject to Planning Board review.
§ 102-10.5 Landscaping, buffering; lighting.
See §§ 102-17.13 and 17.14.
§ 102-10.6 Parking requirements.
See § 102-17.12.
§ 102-10.7 Signs permitted.
1.
Official highway route number signs, street name signs, official directional signs.
3.
Individual identification sign provided:
[Amended 4-10-2017 by Ord. No. 5-2017]
a)
For building mounted signs the total sign area shall not exceed 5% of the area of the building face fronting the street up to a maximum of 16 square feet and shall related only to the use conducted on the premises.
b)
That signs attached to a principal building may not be located or project above the roof line or more than six inches beyond the front wall of any structure.
c)
That only one freestanding sign shall be permitted on any single property and shall be located not less than five feet from the front property line.
d)
That freestanding signs to be located on poles or other similar support should not exceed a maximum of 40 square feet.
e)
That such freestanding sign be landscaped at its base and maintained by the owner of the property.
f)
That internal or external illumination is shielded to prevent glare.
g)
That freestanding signs not exceed a height of 30 feet.
§ 102-10.8 Fencing.
a)
No portion of any fence or wall shall be more than six feet In height above finished grade in front, with no barbed wire, except that privacy fences shall be allowed provided they are limited to the rear and side line of the principal structure. Such fences shall not exceed eight feet maximum on side and back and shall be constructed of materials that are in architectural conformity with the principal building.
b)
No fences or walls shall be placed within 15 feet of a street corner.
[Amended 4-10-2017 by Ord. No. 5-2017]