Elizabethtown City Zoning Code
OVERZONES
§ 154.085 INTERSTATE HIGHWAY SERVICE BUSINESS (IHSB).
(A) This overzone is intended to provide additional on-premises business identification signage which may be visible to motorists traveling Interstate 65 such that potential customers have adequate time to exit the interstate in a safe manner. These provisions are intended for those businesses which are located near the interstate primarily for the purpose of providing goods and services to interstate motorists. Additionally, it is believed that in attracting interstate motorists to goods and services near interstate highways, there may be additional business activity generated for the remainder of business establishments in the city.
(B) The Interstate Highway Service Business Overzone shall be located on the official zoning map. When desired, all permitted business uses which qualify for signage as regulated by §§ 154.205 through 154.217 and are located within the overzone as measured, 2,600 feet from the intersection of the centerline of Interstate-65 and U. S. 62, and ending at the railroad right-of-way to the west; and measured 1,800 feet from the intersection of the centerline of Interstate 65 and U.S. 31W and U.S. 61; and measured 1,500 feet from the intersection of the centerline of Western Kentucky Parkway (KY 9001) and Ring Road(KY 3005), may apply for this additional signage as required in §§ 154.205 through 154.217.
(Ord. 06-2008, passed 6-16-2008, § 2.9.1; Ord. 28-2014, passed 12-15-2014)
§ 154.086 FLOODPLAIN OVERZONE.
(A) Generally. The Floodplain (FO) Overzone is designed to protect certain areas which have been designated as being susceptible to periodic inundation which may result in loss of life and property, health and safety hazards, destruction or disruption of commercial and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
(B) Purpose. The designation of these areas and the regulations imposed on this overzone are designed to:
(1) Protect human life and health;
(2) Provide for public awareness of the flooding potential;
(3) Minimize public and private property damage;
(4) Protect individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards;
(5) Minimize surface and ground water pollution and erosion of the floodplain soils which will adversely affect human, animal or plant life;
(6) Minimize the expenditure of money for costly flood control projects; and
(7) Minimize damage to public facilities and utilities such as water, natural gas and sanitary sewer lines, mains and facilities; electric, telephone and cable television lines and facilities; streets and bridges; and storm sewer facilities and structures.
(C) Establishment of Floodplain Overzone.
(1) The boundaries of the Floodplain Overzone shall be determined by scientific and engineering studies prepared by the Federal Insurance Administration employing customarily accepted scientific and engineering practices of flood protection and the results thereof shall be located on the official zoning map. The Floodplain Overzone includes all areas designated as special flood hazard areas on the National Flood Insurance Program Flood Boundaries and Floodway Map, City of Elizabethtown, Kentucky, dated 8-16-2007, or an approved subsequent amendment to that map. Where interpretation is needed in order to allow a property owner, surveyor or other individual to locate the exact boundaries of the Floodplain Overzone as shown on the official zoning map, the city’s Director of Storm Water Management (Floodplain Administrator) shall initially make the interpretation based on flood profile information.
(2) Where Floodplain Overzone areas are designated, regulations for these areas shall be in addition to the regular zoning district requirements. The floodplain district shall overlay regular zoning districts. The regulations of these areas shall be established by the flood damage prevention ordinance as adopted by the City Council and as codified in Ch. 151 of this code of ordinances.
(D) Specific standards. In all areas of special flood hazard where an applicant wishes to establish a permitted use, he or she must conform to the following requirements when relevant:
(1) All encroachment, including fill, new construction and substantial improvements are prohibited unless permitted by the city’s Department of Storm Water Management and other appropriate agency having jurisdiction;
(2) Permits for any new construction or substantial improvement for residential construction shall be obtained from the city’s Director of Storm Water Management (Floodplain Administrator) and shall comply with all standards, regulations and requirements, including but not limited to, any residential structure shall have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation;
(3) Permits for any new construction or substantial improvement for non residential construction shall be obtained from the city’s Director of Storm Water Management (Floodplain Administrator) and shall comply with all standards, regulations and requirements, including, but not limited to, any non-residential structure shall have the lowest floor, including basement, flood-proofed below an elevation one above the base flood elevation and elevated no lower than one foot above the base flood elevation or have compliance certified as specified in the city flood damage prevention ordinance.
(Ord. 06-2008, passed 6-16-2008, § 2.9.2)
§ 154.087 FREEMAN LAKE OVERZONE.
(A) Generally. The Freeman Lake (FLO) Overzone is designed to protect certain areas in and around Freeman Lake which have been designated as being susceptible to inundation based on the probable maximum precipitation (PMP).
(B) Purpose. The designation of these areas and the regulations imposed in this overzone are designed for the purpose of:
(1) Protecting human life and health;
(2) Minimizing public and private property damage;
(3) Protecting individuals from developing lands and structures which are unsuited for intended purposes because of flood hazards;
(4) Minimizing surface and ground water pollution;
(5) Controlling development, such as fill, dumping, storage of materials, structures and buildings which will minimize the effectiveness of public flood control efforts by reducing the capacity of the flood control structure at Freeman Lake; and
(6) Providing for public awareness of the flooding potential.
(C) Goals. These goals will be accomplished by:
(1) Restricting or prohibiting uses which are dangerous to health, safety and property which result in damaging increases in flood heights;
(2) Requiring that uses vulnerable to floods be protected against flood damage at the time of initial construction;
(3) Controlling the alteration of natural floodplains, stream channels and natural protective barriers;
(4) Controlling filling, grading, dredging or other activity which may increase erosion or flood damage; and
(5) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.
(D) Boundaries. The boundaries of the Freeman Lake Overzone shall be determined by scientific and engineering studies prepared by the city employing customarily accepted scientific and engineering practices of flood protection and climatology with the results thereof being indicated on the official zoning map. The boundaries of the FLO for construction or use restrictions set forth within the ordinance shall be delineated by the elevation determined by the scientific and engineering practices for flood hazards based on the PMP. Where interpretation is needed in order to allow a property owner, surveyor or other individual to locate the exact boundaries of the FLO as shown on the official zoning map, the Director of the Department and the city’s Director of Storm Water Management (Floodplain Administrator) shall make the interpretation based on flood profile information contained within the Hydrologic Study - PMP Flood Limit Determinations Freeman Lake Dam Elizabethtown, Kentucky, dated July 2000, prepared by Fuller, Mossbarger, Scott & May, Inc.
(E) Establishment of Freeman Lake (FLO) Overzone.
(1) The overzone established by this chapter shall include all areas designated as possible flooding areas based on the PMP and flood routing analysis prepared for the city and detailed in the Hydrologic Study - PMP Flood Limit Determinations Freeman Lake Dam, Elizabethtown, Kentucky, dated July 2000, prepared by Fuller, Mossbarger, Scott & May, Inc.
(2) Where Freeman Lake (FLO) Overzone areas are designated, regulations for these areas shall be in addition to the regular zoning district requirements. The Freeman Lake (FL) Overzone district shall overlay regular zoning districts.
(F) Specific standards. In all areas of the Freeman Lake (FLO) Overzone where an applicant wishes to undertake activity associated with a permitted use, he or she must conform to the following requirements when relevant:
(1) Permit. Prior to any encroachment, such as filling, grading or dredging, a permit shall be obtained from the city’s Department of Storm Water Management based on the Hydrologic Study - PMP Flood Limit Determinations Freeman Lake Dam, Elizabethtown, Kentucky, dated July 2000, prepared by Fuller, Mossbarger, Scott & May, Inc.; and
(2) Residential construction. New construction or substantial improvements of any residential structure for any property within the overzone shall have the lowest floor, including basement, elevated to one foot above the base elevation as determined by the Hydrologic Study - PMP Flood Limit Determinations Freeman Lake Dam, Elizabethtown, Kentucky, dated July 2000, prepared by Fuller, Mossbarger, Scott & May, Inc. This requirement shall not apply to structures and/or buildings that are not occupied as dwelling/living space, including, but not limited to, garages, decks, accessory storage buildings, play equipment and swimming pools.
(Ord. 06-2008, passed 6-16-2008, § 2.9.3)
§ 154.088 NATIONAL REGISTER HISTORIC DISTRICT OVERLAY ZONE.
This zone is defined as follows: all properties within an area bounded by North Mulberry Street, Plum Alley, Quince Alley and Strawberry Alley (shown on Figure 2.0). This zone is intended to provide additional protections for these properties and to recognize their importance the historical character Elizabethtown. All buildings shall be limited to a height of 35 feet.
(Ord. 06-2008, passed 6-16-2008, § 2.9.4; Ord. 23-2009, passed 11-16-2009; Ord. 03-2022, passed 2-7-2022)
§ 154.089 COMMERCIAL TRANSITION OVERZONE.
(A) Gene rally. The Commercial Transition Overzone is designed to provide for flexibility in areas of the community determined to be in transition from predominantly residential uses and developed commercial uses to redeveloped or more intense commercial uses. The Commercial Transition Overzone is created to meet the goals of the comprehensive plan, including, but not limited to, redevelopment or reuse of declining residential and commercial areas and the recognition that transitional areas contain land uses that are potentially more intense and dense. Because some areas to which these goals apply are comprised of older, smaller and narrower lots, certain waivers may be commonly required to meet the goals of the comprehensive plan.
(B) Waivers. Parcels within a designated commercial transition zone may apply for waivers from the following requirements when circumstances warrant such waivers. These areas are:
(1) Minimum lot frontages;
(2) Parking reduction in excess of 50% of the required parking spaces;
(3) Parking design requirements relating to setbacks from property lines;
(4) Entrance standards for distance and locations; and
(5) Landscaping requirements. Some landscaping must be installed as lot and parking configurations allow.
(C) Process. A development plan and/or subdivision plat, as applicable, and a waiver application must be submitted for review to the Planning Commission for consideration of approval for all such waivers.
(D) Waiver limitation. Waivers are applicable to the specific development and use requested and will not run with the land, exception being lot frontage waivers granted for subdivisions, and are not transferable to other uses or other lots.
(Ord. 06-2008, passed 6-16-2008, § 2.9.5; Ord. 27-2012, passed 12-3-2012; Ord. 10-2014, passed 4-7-2014; Ord. 28-2014, passed 12-15-2014)
§ 154.090 PROHIBITED USES.
(A) Enclosed commercial livestock, poultry or similar feeding operations;
(B) Hazardous waste facility for the purpose of acceptance, storage, handling and transfer of hazardous or toxic wastes, when said acceptance, storage, handling and transfer are the primary use of the property. This shall not include businesses and industries which as a byproduct of their business or manufacturing process create a hazardous or toxic substance;
(C) Landfill;
(D) Mining, either underground or open pit;
(E) Recreational vehicle, camper, travel trailer, mobile home, house trailer or residential manufactured housing unit as an office or principal structure/use or accessory structure/use in any residential, commercial or industrial zone, with the following exceptions:
(1) Office trailers used as a temporary construction office to be removed at the completion of the construction activity and prior to the issuance of the certificate of occupancy;
(2) Office trailers used as temporary real estate sales office, for the sale of lots in a subdivision, to be removed when all lots are sold;
(3) Mobile homes or trailers located in approved mobile home parks in mobile home subdivisions;
(4) Type 1 manufactured housing units as defined by this ordinance may be placed in any residential zone; and
(5) Units designed and constructed as offices in an industrial zone.
(F) Salvage yards.
(Ord. 06-2008, passed 6-16-2008, § 2.9.6; Ord. 10-2014, passed 4-7-2014)
§ 154.091 CELLULAR ANTENNA TOWER REGULATIONS.
(A) Intent and purpose. The purpose of these regulations are to provide for safe and efficient integration of cellular antenna towers for cellular telecommunications services or personal communications services within the city; to provide for such facilities in conformance with the goals and guidelines and recommendations of the comprehensive plan; and to allow such facilities with the intention of protecting the public health, safety and general welfare.
(B) Pre-application conference. Applicants are encouraged to meet with the Department to discuss their proposal, to allow for early coordination and to identify those items that are in conformance/non-conformance with the comprehensive plan, specific standards of this chapter, other provisions of the zoning ordinance, and other city regulations or standards prior to filing a uniform application with the Commission.
(C) Definitions. For the purpose of this section and chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALTERNATE CELLULAR ANTENNA TOWER. Human-made trees, clock towers, bell towers, steeples, light poles and similar alternative-design mounting structures that accommodate, camouflage, minimize or conceal the presence of cellular antennas or cellular antenna towers or are reconstructed for the purpose of accommodating cellular antennas or cellular antenna towers. This term does not include existing structures erected for another primary purpose, but which subsequently have cellular antennas attached to or located within them, without any reconstruction of the original structure. For the provision of these regulations an ALTERNATIVE CELLULAR ANTENNA TOWER is considered a cellular antenna tower.
ANTENNAS OR RELATED EQUIPMENT. Transmitting, receiving or other equipment used to support cellular telecommunications service or personal communications service. This definition does not include towers.
CELLULAR ANTENNA TOWER. A tower constructed for, or an existing facility that has been adapted for, the location of transmission or related equipment to be used in the provision of cellular telecommunications services or personal communications services.
CELLULAR TELECOMMUNICATIONS SERVICE. A retail telecommunications service that uses radio signals transmitted through cell sites and mobile switching stations.
CO-LOCATION. Locating two or more transmission antennas or related equipment on the same cellular antenna tower.
GUYED CELLULAR ANTENNA TOWER. A type of wireless transmission tower that is supported by guy wires.
LATTICE CELLULAR ANTENNA TOWER. A self-supporting tower with multiple legs and cross bracing of structural steel.
MONOPOLE CELLULAR ANTENNA TOWER. A single self-supporting tower on which wireless antenna can be placed.
PERSONAL COMMUNICATION SERVICE. Has the meaning as defined in 47 U.S.C. § 332(c).
UNIFORM APPLICATION. An application to construct a cellular antenna tower submitted to the Planning Commission in conformity with KRS 100.985 through 100.987.
UTILITY. Has the meaning as defined in KRS 278.010(3).
(D) General. Cellular antenna towers may be allowed in any residential zoning district if the property is owned by a public agency or utility or within any C-3, C-4, C-5, C-6 Zoning District or within any I-1 or I-2 Zoning District after a review in accordance with the procedures in this chapter to determine agreement with the comprehensive plan and the regulations contained within city ordinances and regulations.
(1) Applicability. Every utility, or a company that is engaged in the business of providing the required infrastructure to a utility, that proposes to construct a cellular antenna tower shall submit a completed uniform application to the Commission. Where the Commission finds that circumstances or conditions relating to the application of an alternative cellular antenna tower are such that one or more of the requirements of the uniform application listed in KRS Chapter 100 are not necessary or desirable for the protection of the surrounding property or the public health, safety and general welfare, and that such special conditions or circumstances make one or more of said requirements unreasonable, the Commission may modify or waive such requirements of the uniform application, either permanently or on a temporary basis. Any such modification or waiver shall be requested by the applicant, and the applicant shall submit a written justification for each requested modification or waiver. The Commission shall not regulate the placement of antennas or related equipment on an existing structure.
(2) Application requirements. Applications for the construction of cellular antenna towers for cellular telecommunications services or personal communications services shall include all information for the uniform application as noted in KRS 100.9865 and 100.987. Notice to local officials as outlined in KRS Chapter 100 shall be to the Mayor of the city, the City Administrator and the City Council members. Additionally, the applicant shall notify the Elizabethtown-Hardin County Airport Board.
(3) Application fee. Applicants shall pay the applicable fee as established by city ordinances to the Department upon the filing of a uniform application.
(E) Review process. Applications for the construction of a cellular antenna tower for cellular telecommunications services or personal communications services shall be processed as follows.
(1) Hearing. At least one public hearing on the application shall be held by the Commission at which interested parties and citizens shall have the opportunity to be heard. Notice of the date, time and place of the hearing shall be published in the local newspaper not less than seven days and not more than 21 days before the hearing. Notice of the hearing shall also be posted on the site at least 14 days prior to the hearing as required by KRS Chapter 100. Written notice shall be given to all property owners within 500 feet of the site as required by KRS Chapter 100. The applicant shall certify that proper notice was given as part of their uniform application.
(2) Hearing action. Upon holding a hearing the Commission shall, within 60 days commencing from the date the application is received by the Commission, or within a date specified in a written agreement between the applicant and the Commission, make its final decision to approve or disapprove the uniform application. If the Commission fails to issue a final decision within 60 days and if there is no written agreement between the Commission and the applicant for a specific date for the Commission to issue a final decision it shall be presumed that the Commission has approved the applicant’s uniform application.
(F) Design standards. The applicant shall provide information demonstrating compliance with the requirements contained within this section and any other applicable laws or statute. Potential sites that should be considered (in order of most preferred to least preferred) include existing utility towers, existing water towers, industrial zones, commercial zones and government owned property. Co-location of service facilities (towers and equipment) is preferred. All new cellular antenna towers or alternate cellular antenna towers shall be designed to accommodate a minimum of three service providers.
(1) Pole. Monopole cellular antenna towers shall be permitted in any zone specified in division (E) above. Lattice or guyed cellular antenna towers shall be permitted only in industrial zones.
(2) Setbacks. All cellular antenna towers or alternate cellular antenna towers shall be setback at least the height of the tower, but not less than 50 feet. The Commission may require a greater setback when the proposed cellular antenna tower or alternate cellular antenna tower adjoins residential properties. This setback requirement does not include fencing and guy wires.
(3) Height. All cellular antenna towers or alternate cellular antenna towers shall not exceed a maximum height of 200 feet. This also applies to any antenna tower taller than 15 feet in height constructed on the top of another building or structure, with the height being the overall height of the building/structure and tower together, measured at its highest point. The Commission may allow an antenna tower greater than 200 feet in height based upon review of the applicant’s justification pursuant to information provided in the uniform application.
(4) Construction. All cellular antenna towers or alternate cellular antenna towers shall be constructed in compliance with the current ANSI/EIA/TIA 222-F standards and other applicable state standards.
(5) Illumination. All cellular antenna towers or alternate cellular antenna towers shall not be illuminated, except as required by other state or federal regulations.
(6) Site staffing. All cellular antenna towers or alternate cellular antenna towers shall be unstaffed. Personnel may periodically visit the site for maintenance, equipment modification, or repairs.
(7) Fencing. All cellular antenna towers or alternate cellular antenna towers shall be enclosed by fencing or fencing materials to provide for a minimum opacity of 50%. Such fences shall not be more than eight feet in height and may be located in the front, side or rear yard. Barbed wire may only be used at sites within industrial zones.
(8) Screening. All cellular antenna towers or alternate cellular antenna towers shall be screened by evergreen trees with a minimum height of six feet upon planting; planted on a staggered pattern a maximum distance of 15 feet on center. The screening shall be located within a landscape buffer area that is located within a minimum of ten feet and a maximum of 20 feet of the fenced area and shall be placed to provide a screen to adjoining structures. Additional screening may be required by the Commission when the site is adjacent to a residential use regardless of the zoning district classification.
(9) Driveways. All cellular antenna towers or alternate cellular antenna towers shall be provided with a hard bound surface driveway and off-street parking area. The area inside the fenced equipment compound area may be gravel. Ingress/egress shall be provided from an access point approved by the applicable agency and any required encroachment permit shall be obtained prior to construction of the driveway.
(10) Signs. No signs shall be permitted, except those displaying emergency information, owner contact information, warning or safety instructions or signs require by a federal, state or local agency. Such signs shall not exceed five square feet in area.
(11) Number of service providers. All new cellular antenna towers or alternate cellular antenna towers shall be designed to accommodate a minimum of three service providers.
(12) Lease agreements. All option and site lease agreements shall not prohibit the possibility of co-location, and in the case of abandonment, shall include a method that the applicant or utility will follow in dismantling and removing the proposed cellular tower including a time schedule for the removal.
(13) Other agency approvals. Federal Aviation Administration (FAA) and the Kentucky Airport Zoning Commission (KAZC) approvals or documentation that approval is not required shall be submitted prior to the issuance of a construction permit for the construction of a cellular antenna tower.
(G) Criteria. Approval or disapproval of the proposal shall be based upon an evaluation of the proposal’s agreement with the comprehensive plan and the standards established within this chapter and other applicable city standards and ordinances.
(1) Co-location. The Commission may require the applicant to make a reasonable attempt to co-locate additional transmitting or related equipment. The Commission may provide the location of existing cellular antenna towers on which the Commission deems the applicant can successfully co-locate its transmitting or related equipment. If the Commission requires the applicant to attempt co-location, the applicant shall provide the Commission with a statement indicating that the applicant has:
(a) Successfully attempted to co-locate on towers designed to host multiple wireless service providers facilities or existing structures such as a telecommunications tower or another suitable structure capable of supporting the applicant’s facilities, and that identifies the location of the tower or suitable structure on which the applicant will co-locate its transmission and related facilities; or
(b) Unsuccessfully attempted to co-locate on towers designed to host multiple wireless services providers’ facilities or existing structures such as a telecommunications tower or another suitable structure capable of supporting the applicant’s facilities and that:
1. Identifies the location of the towers or other structures on which the applicant attempted to co-locate; and
2. Lists the reasons why the co-location was unsuccessful in each instance.
(2) Denial. The Commission may deny a uniform application to construct a cellular antenna tower based on an applicant’s unwillingness to attempt to co-locate additional transmitting or related equipment on a new or existing towers or other structures.
(3) Limits of approval. The Commission shall not regulate the placement of cellular antenna towers on the basis of the environmental effects of radio frequency emissions to the extent that the proposed facility complies with the regulations of the Federal Communication Commission concerning radio frequency emissions.
(H) Amendments. Any amendments to plans, except for minor amendments as determined by the Commission, or its duly authorized representative, shall be made in accordance with the procedures required in division (B) above, subject to the same limitations and requirements as those under which such plans were originally approved.
(Ord. 06-2008, passed 6-16-2008, § 2.9.7)