Elizabethtown City Zoning Code
GENERAL DEVELOPMENT
REGULATIONS
§ 154.245 INTENT AND PURPOSE.
The intent of this subchapter is to set minimum and maximum requirements for lots, yards, heights of buildings and other structures, protect environmentally sensitive and geologic hazard areas and to promote public health and safety through the provision of adequate public facilities.
(Ord. 06-2008, passed 6-16-2008, § 9.0)
§ 154.246 MINIMUM LOT AREA.
Except as otherwise specifically provided, no principal building shall hereafter be erected on a lot which has less than the minimum area or width specified for the respective zone, and no building shall hereafter be erected or converted for dwelling use on a lot containing less than the minimum lot area so specified. The total gross floor area in all buildings on the lot shall be considered in determining the adequacy of lot area.
(Ord. 06-2008, passed 6-16-2008, § 9.1)
§ 154.247 YARDS.
Except as otherwise specified herein, every lot shall have a front yard and a rear yard the least depths of which shall not be less than those specified for the respective zone and every lot shall have a side yard on each side, which shall not be less than a side yard as specified for this respective zone.
(A) Front yards.
(1) All lots require a front yard to be provided along each street lot line.
(2) Where the front wall of a building is not parallel with the front lot line or is broken or otherwise irregular, the average depth of the front yard shall not be less than the otherwise required front yard; provided, however, that such front wall shall at all points be within five feet of the otherwise required front yard depth.
(3) Large commercial or industrial developments consisting of a structure containing 40,000 square feet or more, having a height of 25 feet or more at street grade on major arterial streets may be required to provide additional building setbacks to reduce visual impact of the large buildings on the surrounding landscape.
(B) Side yards.
(1) In any zone where a side yard is required, the least width of each side yard shall be increased by six inches for each foot where the side wall of a building exceeds 50 feet in height.
(2) In the case of attached dwelling units, the entire structure shall be considered as a single building with respect to side yard requirements.
(3) Where the side wall of a building is not parallel with the side lot line or is broken or otherwise irregular, the average width of the side yard shall not be less than the required side yard; provided, however, that the side yard shall not be narrower at any point than three feet.
(C) Rear yards. Where the rear wall of a building is not parallel with the rear lot line or is otherwise irregular, the average depth of the rear yard shall not be less than the required rear yard; provided however, that the rear yard shall not be narrower at any point than ten feet.
(D) Yard requirements for shopping centers and regional enclosed shopping centers. For shopping centers and regional enclosed shopping centers which are designed to be one continuous structure and placed on two or more lots, it shall be permitted to place the structure on or above the side lot line of two adjoining properties. To qualify, the structure must project onto the adjoining lot no less than ten feet. The developer shall provide a reciprocal parking agreement and any common area agreements along with satisfying all other section of this chapter as required.
(E) Special yard requirements. It is recognized that in certain developments, it is beneficial to create larger side and rear yard setbacks, in order to buffer land uses of differing density and intensity, which abut along the side and rear lot lines. In such developments, if a 75-foot or greater yard setback is provided, development shall be permitted through the highest density allowed in this chapter. Density determinations will be based on the lot area less the increased yard area.
(F) Open space yard requirements. When a lot or parcel is subdivided for the purpose of creating a permanent open space, or becoming a conservation area, or nature preserve, or linear greenbelt park, then the minimum requirements for lot criteria standards of this chapter shall not apply. The exception to these standards is only for land purchased by the city, an organization or entity created by the city, a not for profit organization or a neighborhood association recognized by the city.
(G) Public utility lots.
(1) When a lot or parcel is subdivided for the purpose of creating a lot for the location of a public utility, including, but not limited to, natural gas regulating station, potable water storage facility, electrical substation, rail facility, storm water storage facility, the following requirements apply:
Minimum Areas and Setbacks
| |
Minimum lot area | No minimum lot area |
Minimum street frontage | 50 ft. |
Minimum front yard setback | 20 ft. |
Minimum side yard setback | 10 ft. |
Minimum rear yard setback | 15 ft. |
(2) These lots may only be used for locating public utility facilities. No habitable structures shall be permitted on any of these parcels.
(Ord. 06-2008, passed 6-16-2008, § 9.2; Ord. 08-2009, passed 7-6-2009; Ord. passed 9-6-2011)
§ 154.248 HEIGHT OF STRUCTURES.
(A) Maximum. Except as hereinafter provided, no building or structure, or part thereof, shall hereafter be erected or altered to a height greater than the maximum specified for the respective category.
(B) How measured.
(1) For the purpose of this chapter, the HEIGHT of a wall or structure or a part of a building is the mean vertical distance from the average established grade in front of the lot, or from the average natural grade at the building line, if higher, to the average height of the top of the cornice of flat roofs, or roof line, or to the deck line of a mansard roof, or to the middle height of the highest gable or dormer in a pitched or hipped roof, or if there are no gables or dormers, to the middle height of such pitched or hipped roof.
(2) Where a lot abuts on two or more streets or alleys of different average established grades in front of the lot, the higher of such grades shall control only for a depth of 120 feet measured perpendicularly back from the line of the higher street or alley.
(3) On a corner lot the height of the mean vertical distance from the average natural grade at the building line, if higher, in the street of greatest width, or if two or more such streets are of the same width, form the highest of such grades. The height limitations as controlled by the wider street shall govern for a distance of 120 feet measured at right angles back from such wider street, except on parts of such 120 feet as may be within a more restricted height.
(C) Exceptions of height limits.
(1) Notwithstanding other regulations in this chapter or the maximum specified for the respective category, the height limits of this chapter shall not apply for the following: barns, silos or other farm structures on farms; church spires, belfries, cupolas and domes; monuments; water towers; observation towers; transmission towers; windmills; chimneys; smokestacks; derricks; conveyors; flag poles; radio towers; masts and aerials; bulkheads; elevator penthouses; fire towers; hose towers; cooling towers; grain elevators; and other structures, where the manufacturing process requires a greater height; provided, however, that all such structures above the limiting heights specified in this zoning chapter shall not be closer than 25 feet from every lot line not a street lot line, and shall be set back one foot from the otherwise required setback at the limiting height, for each foot of vertical height above the limiting height; and
(2) Solar heating and solar collection devices, provided such devices do not exceed by more than five feet the otherwise permitted maximum height for the zone in which they are located.
(Ord. 06-2008, passed 6-16-2008, § 9.3; Ord. 14-2018, passed 6-4-2018)
§ 154.249 ENVIRONMENTALLY SENSITIVE AND GEOLOGIC HAZARD AREAS.
It is recognized that certain areas in the city, due to environmental or geologic conditions, may pose problems providing safe development where such conditions are encountered on the land to be developed. These areas are defined and described as follows.
(A) Environmentally sensitive area. This term applies to any area which, due to its natural or physical setting, may have environmental problems with regard to their development. This is not to say that the land cannot be developed, but if it is determined that development can occur, then some safeguards such as detailed site planning will be necessary to overcome the physical limitation of the land. Lands in question shall include, but not be limited to, areas of poor soils, improper fill, wetlands, significant areas of tree stands, aquifer recharge areas, well-head protection areas, riparian areas, streams, creeks, lakes and other natural waterways.
(B) Geologic hazard areas.
(1) A geologic hazard area differs from an environmentally sensitive area in that the environmental problems are so numerous that development, even with severe limitations, would pose a severe problem to the immediate area or the surrounding areas. Examples of these areas are areas of excessive floodplain, areas that have clustering of sinkholes, areas of severe slope (over 20%) and areas that have potential collapse problems due to caves underneath the rock strata but close to the surface.
(2) Location of most of the environmentally sensitive and geologic hazard areas are shown in the Hardin County Soil Survey prepared by the U.S. Soil Conservation Service. Additional maps and other information regarding such areas are on file with the city.
(C) Procedures. The developer shall submit the following materials to the Department for any development involving an environmentally sensitive or geologic hazard area: an application, containing a general statement of development activity and mitigation plans; a development plan or subdivision plat as required by the zoning regulations, which shall locate and identify such areas. Additionally, the following materials may be required after initial review by the Department: engineering studies of sub- surface conditions, erosion and sedimentation control plans, drainage plans, soil analysis or grading plans.
(D) Standards. Whenever a development is proposed on land containing such areas the following requirements shall apply.
(1) Environmentally sensitive areas.
(a) All such areas shall be protected by special design measures taken by the developer to attempt to minimize the developments impact.
(b) Acceptable design measures are:
1. Non-disturbance of area;
2. Provisions of additional building setbacks (at a minimum, a 50-foot setback), so that site disturbance is minimal;
3. Provision of easements in such areas as may be appropriate, so that an open space area is provided;
4. Provision of storm water retention areas; and
5. Re-contouring and excavation of the area, only when an erosion control plan is approved by the Storm Water Management Department and when appropriate performance surety has been posted with the city.
(2) Geologic hazard areas. All such areas shall be protected by generously designing the development such that a geologic hazard area shall be left in its natural state as a permanent open space for a distance of 100 feet from such areas.
(E) Commission review. After review of the applications general statement and applicable plans, if the Department finds that questions remain concerning the developments impact on the environmentally sensitive area or the health and safety of future users of the area, the plan will be referred to the Commission for action. The Commission shall refuse to fully approve a plan or plat until it is satisfied that the hazards have been eliminated or adequate safeguards have been provided to ensure the least negative impact on the area.
(Ord. 06-2008, passed 6-16-2008, § 9.4)
§ 154.250 PUBLIC FACILITIES.
(A) Water supply system. Every development shall be provided with a complete water distribution system adequate to serve the proposed development, including adequate fire protection facilities (as required by the city’s fire protection and prevention ordinance). The entire water system shall be provided by the developer and shall be designed and constructed to meet the approval of the city and/or appropriate utility.
(B) Storm water drainage system. Provisions shall be made for satisfactory drainage of storm water by means of underground pipes and/or surface ditches. The storm water drainage system shall be provided by the developer and shall be designed to standards adopted by the city and in all aspects shall meet the approval of the city’s Storm Water Management Department.
(C) Sanitary sewage disposal system. Provisions shall be made for satisfactory sanitary sewer in all developments. The developer shall provide a complete public sanitary sewer system designed and constructed according to the specifications of the city, unless it is determined by the Engineering Department that sanitary sewer is not readily available. If public sanitary sewer service is not readily available, then a private sanitary sewer (septic system) shall be provided in conformance with the requirements of the County Health Department and the requirements listed in this section.
(D) Natural gas system. Where natural gas service is desired in a development, application must be made to the city. Gas line extension shall conform to the policies of the Gas Department and shall be designed and constructed according to the specifications of the city.
(E) Electric and telephone supply system. Provisions shall be made in every development for satisfactory electrical and telephone supply system approved by the appropriate utility.
(F) Sidewalks. Sidewalks shall be provided in accordance with the following requirements.
(1) Installation requirements.
(a) No new site development or building shall hereinafter be constructed without the provision of a sidewalk across or adjoining the site. These requirements shall apply to any and all residential and commercial uses, regardless of their zoning classification.
(b) Excepted from this requirement is:
1. Suburban Residential-1 (R-1) zoned property with 200 feet or greater street frontage;
2. Industrial uses; and
3. Single-family residential uses when more than 75% of the lots in the applicable section of the subdivision are developed without sidewalks.
(c) If sufficient right-of-way or easements do not exist, an easement shall be dedicated by the owner of record to the city for the provision of public access for the sidewalks.
(2) Construction standards. Sidewalks shall be constructed to comply with the design improvement standards for sidewalks as listed in the city’s Subdivision Regulations Design and Improvement Standards. However, the sidewalk width may be increased to allow for safer pedestrian access along high volume streets or to provide for handicap accessibility, upon determination of such need by the reviewing authority.
(3) Waiver of sidewalk installation.
(a) A property owner may request a waiver from the requirement of sidewalk installation contained within the zoning regulations by filing an application for sidewalk installation waiver with the Commission. A request for a waiver may be made for any permitted use in any zone.
(b) If waivers have been granted previously on a parcel on the same street within 250 feet of the site, the staff may grant the waiver administratively. Should the waiver not be granted administratively, an application may still be filed with the Commission as set out in section (F)(3)(a) above.
(4) Waiver process.
(a) As part of the waiver request, the applicant shall have the burden of proof in showing that there will be no adverse impact upon the neighborhood or general area by the granting of the waiver.
(b) In granting a waiver, the Planning Commission shall consider the following:
1. The desirability to preserve natural topography or vegetation pre-existing the proposed project, provided that pedestrian traffic can be sufficiently and safely accommodated internally on the project or on the opposite side of the street.
2. Installation of the sidewalk is technically infeasible due to site features or conditions (includes exceptional topographic conditions, environmental or wetland impacts, or unique site conditions) as confirmed by the City Engineer or other staff of the city or the Kentucky Transportation Cabinet.
3. Extraordinary reasons which are reviewed on a case-by-case basis. Lack of a connection to an existing sidewalk is not in and of itself justification for a waiver.
4. Granting a waiver will result in the development being more in keeping with the Comprehensive Plan and the intent of the Zoning Ordinance and Subdivision Regulations.
5. The Commission may also consider other factors it may deem relevant in making its decision.
(c) If a waiver request is approved, the developer must pay into a fund dedicated exclusively to the construction of sidewalks an amount equivalent to the estimated cost of the waived sidewalks at the unit price established by the City Engineer. A waiver of the requirement for sidewalk installation does not exempt the development from any other requirements of the zoning chapter.
(5) Delayed sidewalk installation. If a required sidewalk is likely to be damaged or replaced as part of a project included in the city's Capital Improvements Plan, the developer may pay into a fund dedicated exclusively to the construction of sidewalks an amount equivalent to the estimated cost of the sidewalk at the unit price established by the City Engineer. The city will install the sidewalk as part of the planned capital project.
(6) Exemptions.
(a) The following rights-of-way are exempted from the requirement of sidewalks:
1. Interstate 65;
2. Western Kentucky Parkway;
3. US 31W Bypass; and
4. Bluegrass Parkway.
(b) Also exempted are frontages adjacent to the above named rights-of-way where access control fences are present.
(Ord. 06-2008, passed 6-16-2008, § 9.5; Ord. 08-2009, passed 7-6-2009; Ord. 27-2012, passed 12-3-2012; Ord. 05-2021, passed 4-19-2021; Ord. 25-2023, passed 11-20-2023)
§ 154.251 SIGHT TRIANGLE.
The sight triangle is an area formed by joining with a straight line, points along intersecting street rights-of-way, from their intersection, a clear area is hereby created and no plant materials or human- made objects may be constructed which obstruct visibility from 30 inches high upwards to the sky. Along arterial and commercial collector streets, the triangle shall be 50 feet and will be measured along the back of curb/edge of street pavement. Along residential collector and local streets, the triangle shall be 25 feet and will be measured from the back of curb/edge of street pavement.
(Ord. 06-2008, passed 6-16-2008, § 9.6; Ord. 27-2012, passed 12-3-2012; Ord. 10-2014, passed 4-7-2014)
§ 154.252 ENTRANCE STANDARDS.
(A) Entrance widths.
(1) Entrance widths shall be as follows:
Single-family and two-family | No minimum, 30ft. maximum |
Multi-family residential complexes | 20 ft. minimum, 30 ft. maximum |
Commercial | 20 ft. minimum, 50 ft. maximum |
Industrial | 24 ft. minimum, 60 ft. maximum |
(2) The Commission or its designee shall review all proposals for entrances and encroachments using the standards set forth in the comprehensive plan, for spacing, location and safe traffic movement.
(3) Entrances shall be from the street having the lower classification and/or average daily traffic (ADT). In the event that both streets are of the same classification, the entrance shall be located on the street with the lower ADT.
(4) Through the encroachment permitting process entrances with a greater width than listed above shall be submitted to the Engineering Department for review and may be approved when extenuating circumstances exist.
(B) Entrance distance from street intersections.
(1) Residential entrances. The minimum distance from the intersection of two or more streets to an entrance shall be 50 feet on local streets and 100 feet on collector streets, measured from the nearest edge of the pavement/curb line. Entrances with spacing less than these minimums shall be submitted to the Engineering Department for review and may be approved when extenuating circumstances exist.
(2) Multi-family, commercial and industrial entrances. The minimum distance from the intersection of two or more streets to an entrance shall be 150 feet, measured from the nearest curb lines. Entrances with spacing less than 150 feet shall be submitted to the Engineering Department for review and may be approved when extenuating circumstances exist.
(C) Entrance grade. The maximum grade for an entrance to a multi-family, commercial or industrial use shall be no greater than 10%. When an entrance grade at its intersection with the public street exceeds 3%, a leveling area shall be provided with grades no greater than 3% for a distance of 50 feet from the intersection with the street.
(D) Entrance, limited access. Limited access entrances (e.g., right in/right out, right in only) shall be permitted only when there is a non-mountable median present that prohibits illegal turns from being executed.
(E) Entrance location. Entrances shall be designed and located to provide an exiting vehicle with an unobstructed view. Entrances along acceleration or deceleration lanes and tapers are discouraged and may only be approved when extenuating circumstances exist.
(F) Entrance visibility time. Entrances shall be located to provide for the minimum visibility time sight distance of six seconds. The six second rule is to be calculated based on standards established by AASHTO.
(G) Entrance traffic control. All entrances shall be provided with traffic control measures to assure safe access onto the public right-of-way. Traffic control measures shall include, but are not limited to, stop signs, stop bars, curbs and yield signs.
(H) Gated entrances. Access to private developments may be controlled or limited by gates or other mechanical devices but shall be accessible by emergency personnel and the access device shall be approved by the city’s Fire Marshal and the city’s Police Chief. Public streets or access to developments that also provides access by easement to other properties may not be gated or limited in any manner.
(I) Entrances and access to developments shall comply with minimum standards of the National Fire Code as published by the National Fire Protection Association.
(J) When the City Engineer determines that vehicles turning into a proposed development will adversely affect the capacity of the existing streets, the developer shall dedicate sufficient right-of-way and construct a turning lane as necessary to maintain the capacity of existing streets.
(Ord. 06-2008, passed 6-16-2008, § 9.7; Ord. 08-2009, passed 7-6-2009; Ord. 05-2011, passed 2-7-2011; Ord. 10-2014, passed 4-7-2014; Ord. 28-2014, passed 12-15-2014; Ord. 25-2023, passed 11-20-2023)
§ 154.253 RIGHT-OF-WAY WIDTH.
Developments shall dedicate additional right-of-way necessary to meet the minimum width requirements specified in the Subdivision Regulations. Additional right-of-way may be required as necessary to accommodate necessary future improvements within the right-of-way. This requirement may be reduced or waived by the City Engineer and the Director of Planning and Development if the existing right-of-way is found to be sufficient to accommodate all necessary public improvements, or if the possibility exists to obtain additional right-of-way on the opposite side of the right-of-way.
(Ord. 25-2023, passed 11-20-2023)
§ 154.254 CONNECTIVITY STANDARDS.
(A) Existing stub streets or rights-of-way shall be extended through the development site to adjacent vacant properties or streets.
(1) This requirement may be waived by the City Engineer and the Director of Planning and Development if the extension is infeasible due to physical constraints or if the extension would create an inappropriate connection between incompatible uses.
(2) If the extension is waived by the City Engineer and the Director of Planning and Development, the street shall be terminated in an appropriate manner to adequately serve all lots.
(B) Residential developments adjacent to vacant parcels shall provide street connections that stub into the vacant parcels to provide future connections.
(1) This requirement may be waived by the City Engineer and the Director of Planning and Development if the extension is infeasible due to physical constraints.
(C) Commercial developments shall provide for vehicular and pedestrian connections to adjacent commercial developments. If the adjacent property is already developed, the proposed development shall provide for the future connection through easements or other appropriate measures.
(D) Industrial zoned properties shall not be required to provide connections to adjacent properties.
(E) Waiver procedure. If these standards are not waived by the City Engineer and the Director of Planning and Development, an applicant may request a waiver from the Planning Commission. The Planning Commission shall consider the following:
(1) The special circumstances of the proposed use.
(2) Whether the waiver will have an adverse impact on the public health, safety and welfare.
(3) Whether site constraints make the improvements economically unfeasible.
(Ord. 25-2023, passed 11-20-2023)