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Florence City Zoning Code

ARTICLE 31

SUPPLEMENTAL PERFORMANCE STANDARDS

SECTION 3100 INTENT

  • A.
    The purpose of this article is to set forth in a consolidated manner the exact physical, environmental, operational and other performance or design standards which must be met by each and all districts, uses, buildings, structures, or any alterations of lands and also to clarify areas where problems are frequently encountered.

    • Effective on: 12/20/2022

    SECTION 3110 CONTROLS APPLICABLE TO DISTRICTS

  • A.
    The requirements listed in Table 31-1 shall be applicable to each district. The following regulations shall govern height, intensity, open space, setbacks, and other aspects.

    • Effective on: 12/20/2022

    SECTION 3111 OPEN SPACE AND CLUSTER RESIDENTIAL SUBDIVISIONS

  • A.
    Open Space and Cluster Residential Subdivisions are permitted in accordance with ARTICLE 31 of the BOONE COUNTY ZONING REGULATIONS.
  • B.
    These regulations are intended to provide for the development of residentially and agriculturally zoned property in Open Space or Cluster Residential Subdivisions as an alternative to Conventional Subdivisions. A Conventional Subdivision generally covers the entire buildable portion of a site with residential lots. Both Open Space and Cluster Residential Subdivisions permit the same overall gross density of total dwelling units per total acres and the same permitted uses as a Conventional Subdivision under the existing zoning district; however, lot dimension and setback requirements are less restrictive. This permits greater unit per acre net densities on portions of the site and permits the same maximum number of dwelling units as would be permitted under a Conventional Subdivision. Both types of subdivision designs may enable more dwelling units than could normally be achieved for a Conventional Subdivision. Open Space Residential Subdivisions are permitted under certain standards within the A-1, A-2 and RSE zoning districts. Cluster Residential Subdivisions are permitted under certain standards within the RS, SR-1, SR-2, SR-3, UR-1, UR-2, and UR-3 zoning districts. The remnant land not designated as building lots is required to be left undeveloped, and must serve the purpose of effective buffering, passive recreation, protection of significant vegetation, significant historic preservation or scenic qualities.
  • C.
    The potential applicant should advise Planning Commission staff at pre-application meetings for Preliminary Plat Review if he/she intends to submit a plan designed to meet the Open Space or Cluster Residential Subdivision requirements. This will affect the dimensional standards and open space standards which the proposed subdivision will be required to meet a subdivision designed under either of these two options will also likely result in a greater built density than most Conventional subdivision designs for the same site. The Open Space Residential Subdivision is permitted in relatively low density zoning districts, and is generally intended to promote a rural character. Therefore, a three step process is described in these regulations to make sure the proposed development meets the intent of conserving open space and benefitting individual home sites. The Cluster Residential Subdivision is intended to allow the clustering of dwelling units within the more dense residential zoning districts to enable cohesive, visible, and accessible open space that noticeably affects the character of the subdivision and addresses the impacts of the increased density on portions of the site.

    • Table 31-1

    ZONING DISTRICT

    MAXIMUM INTENSITY

    MINIMUM SIZE OF DISTRICT

    MINIMUM LOT SIZE (SQ. FT.)

    MINIMUM FRONTAGE

    MAX. HEIGHT

    MINIMUM YARD SETBACKS:

    FRONT:

    REAR:

    SIDE:

    A-1

    1 d.u. or farmstead per 5 acres

    30 acres

    217,800

    150'

    45'

    80'

    25'

    10'

    A-2

    1 d.u. per 2 acres

    20 acres

    80,000

    150'

    45'

    60'

    25'

    10'

    RSE

    1 d.u. per acre

    5 acres

    40,000

    100'**

    45'

    40'

    40'

    10'

    RS

    3 d.u. per acre

    5 acres

    12,000

    75'

    45'

    40'

    40'

    10'

    R-1F

    4 d.u. per acre

    5 acres

    10,000

    70'

    45'

    30'

    30'

    7' min./15' total

    SR-1

    4 d.u. per acre

    5 acres

    detached s.f.: 8,000

    65'

    45'

    30'

    30'

    5' min./15' total #15'

    duplex: 16,000

    75'

    patio house: 8,000

    60'

    25'

    20'

    0' min./10' total

    SR-2

    8 d.u. per acre

    5 acres

    detached s.f.: 6,500

    50'

    45'

    30'

    30'

    5' min./15' total #15'

    duplex: 8,000

    60'

    30'

    30'

    duplex #: 15,000

    #70'

    #30'

    #30'

    patio house: 6,500

    50'

    25'

    25'

    0' min./10' total

    townhome: n/A

    see ARTICLE 31

    SR-3

    8 d.u. per acre

    5 acres

    detached s.f.: 6,500

    50'

    45'

    25'

    25'

    5' min./15' total

    duplex: 8,000

    60'

    25'

    25'

    patio house: 6,500

    50'

    20'

    20'

    0' min./10' total

    multi-family+: n/a

    see ARTICLE 31

    UR-1

    12 d.u. per acre

    n/a

    detached s.f.: 6,500

    50'

    45'

    30'

    30'

    5' min./15' total

    duplex: 8,000

    60'

    30'

    30'

    patio house: 6,500

    50'

    25'

    25'

    0' min./10' total

    multi-family+: n/a

    see ARTICLE 31

    UR-2

    20 d.u. per acre

    n/a

    detached s.f.: 6,500

    50'

    60'

    20'

    20'

    5' min./10' total

    duplex: 8,000

    60'

    patio house: 6,500

    50'

    0' min./10' total

    multi-family+: n/A

    see ARTICLE 31

    UR-3

    30 d.u. per acre

    n/a

    detached s.f.: 6,500

    50'

    70'

    20'

    20'

    5' min./10' total

    duplex: 8,000

    60'

    patio house: 6,500

    50'

    multi-family+: n/a

    see ARTICLE 31

    MHP

    7 d.u. per acre

    10 acres

    4,000

    40'

    20'

    20'

    15'

    5' min./15' total

    C-1

    8,000-11,000 sq. ft.

    n/a

    5,000

    50'

    45'

    25'

    20'

    5' (20')*

    C-2

    12,000-15,000 sq. ft.

    2 acres

    5,000

    50'

    50'

    30'

    20' (50')*

    10' (50')*

    C-3

    18,000 sq. ft.

    3 acres

    20,000

    100'

    50'

    50'

    20' (50')*

    10' (50')*

    C-4

    13,000 sq. ft.

    3 acres

    10,000

    100'

    50'

    30'

    20' (50')*

    10' (50')*

    O-1

    16,000 sq. ft.

    1 acre

    6,500

    40'

    45'

    30'

    20'

    5' (20')*

    O-2

    30,000 sq. ft.

    3 acres

    12,000

    40'

    70'

    30'

    30'

    10' (20')*

    I-1

    25,000 sq. ft.

    5 acres

    20,000

    150'

    50'

    50'

    30' (50')*

    10' (50')*

    I-2

    22,000 sq. ft.

    10 acres

    100,000

    250'

    100'

    50' (100')*

    30' (100')*

    20' (100')*

    I-3

    see ARTICLE 11

    50'

    50'

    see ARTICLE 11

    see ARTICLE 11

    I-4

    see ARTICLE 11

    O-1A

    16,000 sq. ft.

    n/a

    6,500

    40'

    45'

    30'

    20'

    5' (20')*

    FMS

    12,000-15,000 sq. ft.

    n/a

    n/a

    n/a

    50'

    10' max

    20'^

    n/a

    500 sq. ft. residential

    30' ^

    PF

    25,000 sq. ft.

    n/a

    20,000

    n/a

    70'

    30'

    10' (50')*

    10' (50')*

    A

    25,000 sq. ft.

    n/a

    20,000

    n/a

    n/a

    50'

    30' (50')*

    20' (50')*

    Cons

    n/a

    n/a

    n/a

    n/a

    n/a

    n/a

    n/a

    n/a

    R

    see ARTICLE 7

    n/a

    20,000

    n/a

    45'

    30' (50')*

    10' (50')*

    10' (50')*

    Table 31.1 Abbreviations:

    d.u. = dwelling unit; s.f. = single-family; n/a = not applicable; GFA = gross floor area

    ***Dimensional Standards indicated in this table are applicable only to Residential Subdivisions that meet the Open Space subdivision criteria of ARTICLE 3 of the BOONE COUNTY SUBDIVISION REGULATIONS.

    NOTES:

    *

    When adjoining any of the following zoning districts: A-1, A-2, R, CONS, RSE, RS, SR-1, SR-2, SR-3, UR-1, UR-2, UR-3, MHP, and R-1F

    **

    The minimum lot frontage in the RSE district may be reduced to 80 feet when the lot utilizes public water and sanitary sewer systems.

    +

    Denotes apartments, condominiums, landominiums, and townhomes

    #

    Applicable to the City of Florence only

    ^

    When a non-residential use adjoins an existing residential use

    =

    5 foot minimum side yard setback where a patio house adjoins a conventional single family dwelling

    ##

    Green space requirement can be reduced to 20% for the entire development if the planned paved paths throughout the planned greenway(s) are implemented by the developer

    ###

    Lot size in areas without public sewer service may need to be larger to accommodate private sewage treatment system requirements. Common leach field areas would require approval(s) from the State of Kentucky.

    N.A.Not Applicable

    Table 31-1

    ZONING DISTRICT

    MAXIMUM INTENSITY

    MINIMUM SIZE OF DISTRICT

    MINIMUM LOT SIZE (SQ. FT.)

    MINIMUM FRONTAGE

    MAX. HEIGHT

    MINIMUM YARD SETBACKS:

    FRONT:

    REAR:

    SIDE:

    A-1

    1 d.u. or farmstead per 5 acres

    30 acres

    217,800

    150'

    45'

    80'

    25'

    10'

    A-2

    1 d.u. per 2 acres

    20 acres

    80,000

    150'

    45'

    60'

    25'

    10'

    RSE

    1 d.u. per acre

    5 acres

    40,000

    100'**

    45'

    40'

    40'

    10'

    RS

    3 d.u. per acre

    5 acres

    12,000

    75'

    45'

    40'

    40'

    10'

    R-1F

    4 d.u. per acre

    5 acres

    10,000

    70'

    45'

    30'

    30'

    7' min./15' total

    SR-1

    4 d.u. per acre

    5 acres

    detached s.f.: 8,000

    65'

    45'

    30'

    30'

    5' min./15' total #15'

    duplex: 16,000

    75'

    patio house: 8,000

    60'

    25'

    20'

    0' min./10' total

    SR-2

    8 d.u. per acre

    5 acres

    detached s.f.: 6,500

    50'

    45'

    30'

    30'

    5' min./15' total #15'

    duplex: 8,000

    60'

    30'

    30'

    duplex #: 15,000

    #70'

    #30'

    #30'

    patio house: 6,500

    50'

    25'

    25'

    0' min./10' total

    townhome: n/A

    see ARTICLE 31

    SR-3

    8 d.u. per acre

    5 acres

    detached s.f.: 6,500

    50'

    45'

    25'

    25'

    5' min./15' total

    duplex: 8,000

    60'

    25'

    25'

    patio house: 6,500

    50'

    20'

    20'

    0' min./10' total

    multi-family+: n/a

    see ARTICLE 31

    UR-1

    12 d.u. per acre

    n/a

    detached s.f.: 6,500

    50'

    45'

    30'

    30'

    5' min./15' total

    duplex: 8,000

    60'

    30'

    30'

    patio house: 6,500

    50'

    25'

    25'

    0' min./10' total

    multi-family+: n/a

    see ARTICLE 31

    UR-2

    20 d.u. per acre

    n/a

    detached s.f.: 6,500

    50'

    60'

    20'

    20'

    5' min./10' total

    duplex: 8,000

    60'

    patio house: 6,500

    50'

    0' min./10' total

    multi-family+: n/A

    see ARTICLE 31

    UR-3

    30 d.u. per acre

    n/a

    detached s.f.: 6,500

    50'

    70'

    20'

    20'

    5' min./10' total

    duplex: 8,000

    60'

    patio house: 6,500

    50'

    multi-family+: n/a

    see ARTICLE 31

    MHP

    7 d.u. per acre

    10 acres

    4,000

    40'

    20'

    20'

    15'

    5' min./15' total

    C-1

    8,000-11,000 sq. ft.

    n/a

    5,000

    50'

    45'

    25'

    20'

    5' (20')*

    C-2

    12,000-15,000 sq. ft.

    2 acres

    5,000

    50'

    50'

    30'

    20' (50')*

    10' (50')*

    C-3

    18,000 sq. ft.

    3 acres

    20,000

    100'

    50'

    50'

    20' (50')*

    10' (50')*

    C-4

    13,000 sq. ft.

    3 acres

    10,000

    100'

    50'

    30'

    20' (50')*

    10' (50')*

    O-1

    16,000 sq. ft.

    1 acre

    6,500

    40'

    45'

    30'

    20'

    5' (20')*

    O-2

    30,000 sq. ft.

    3 acres

    12,000

    40'

    70'

    30'

    30'

    10' (20')*

    I-1

    25,000 sq. ft.

    5 acres

    20,000

    150'

    50'

    50'

    30' (50')*

    10' (50')*

    I-2

    22,000 sq. ft.

    10 acres

    100,000

    250'

    100'

    50' (100')*

    30' (100')*

    20' (100')*

    I-3

    see ARTICLE 11

    50'

    50'

    see ARTICLE 11

    see ARTICLE 11

    I-4

    see ARTICLE 11

    O-1A

    16,000 sq. ft.

    n/a

    6,500

    40'

    45'

    30'

    20'

    5' (20')*

    FMS

    12,000-15,000 sq. ft.

    n/a

    n/a

    n/a

    50'

    10' max

    20'^

    n/a

    500 sq. ft. residential

    30' ^

    PF

    25,000 sq. ft.

    n/a

    20,000

    n/a

    70'

    30'

    10' (50')*

    10' (50')*

    A

    25,000 sq. ft.

    n/a

    20,000

    n/a

    n/a

    50'

    30' (50')*

    20' (50')*

    Cons

    n/a

    n/a

    n/a

    n/a

    n/a

    n/a

    n/a

    n/a

    R

    see ARTICLE 7

    n/a

    20,000

    n/a

    45'

    30' (50')*

    10' (50')*

    10' (50')*

    Table 31.1 Abbreviations:

    d.u. = dwelling unit; s.f. = single-family; n/a = not applicable; GFA = gross floor area

    ***Dimensional Standards indicated in this table are applicable only to Residential Subdivisions that meet the Open Space subdivision criteria of ARTICLE 3 of the BOONE COUNTY SUBDIVISION REGULATIONS.

    NOTES:

    *

    When adjoining any of the following zoning districts: A-1, A-2, R, CONS, RSE, RS, SR-1, SR-2, SR-3, UR-1, UR-2, UR-3, MHP, and R-1F

    **

    The minimum lot frontage in the RSE district may be reduced to 80 feet when the lot utilizes public water and sanitary sewer systems.

    +

    Denotes apartments, condominiums, landominiums, and townhomes

    #

    Applicable to the City of Florence only

    ^

    When a non-residential use adjoins an existing residential use

    =

    5 foot minimum side yard setback where a patio house adjoins a conventional single family dwelling

    ##

    Green space requirement can be reduced to 20% for the entire development if the planned paved paths throughout the planned greenway(s) are implemented by the developer

    ###

    Lot size in areas without public sewer service may need to be larger to accommodate private sewage treatment system requirements. Common leach field areas would require approval(s) from the State of Kentucky.

    N.A.Not Applicable

    OPEN SPACE AND CLUSTER RESIDENTIAL SUBDIVISIONS

    ZONING DISTRICT

    MAXIMUM INTENSITY OF TOTAL SITE

    MIN. GREEN SPACE AREA

    MINIMUM LOT SIZE (sq. ft.)

    MINIMUM FRONTAGE

    MAX. HEIGHT

    MINIMUM YARD SETBACKS:

    FRONT:

    REAR:

    SIDE:

    A-1

    1 d.u. or farmstead per 5 acres

    40%

    20,000

    90'

    45'

    30'

    25'

    10'

    A-2

    1 d.u. per 2 acres

    40%

    20,000

    90'

    45'

    30'

    25'

    10'

    RSE

    1 d.u. per acre

    40%

    12,000

    90'

    45'

    30'

    25'

    10'

    RS

    3 d.u. per acre

    30%##

    5,000

    50'

    45'

    20', n/a on local street when driveway is alley accessed

    n/a on interior of development; 40' on perimeter where adjacent to RS or RSE zone; 30' on perimeter where adjacent to all other zones

    5' min/10' total drainage and maintenance must be properly designed

    SR-1

    4 d.u. per acre

    30%##

    detached s.f.: 4,000

    50'

    45'

    duplex: 8,000

    75'

    SR-2

    8 d.u. per acre

    30%##

    detached s.f.: 4,000

    50'

    45'

    duplex: 8,000

    75'

    SR-3

    8 d.u. per acre

    30%##

    detached s.f.: 4,000

    50'

    45'

    duplex: 8,000

    75'

    UR-1

    12 d.u. per acre

    30%##

    detached s.f.: 4,000

    50'

    45'

    5'

    duplex: 8,000

    60'

    UR-2

    20 d.u. per acre

    30%##

    detached s.f.: 4,000

    50'

    45'

    5'

    duplex: 8,000

    60'

    UR-3

    30 d.u. per acre

    30%##

    detached s.f.: 4,000

    50'

    45'

    5'

    duplex: 8,000

    60'

    Table 31.1 Abbreviations:

    d.u. = dwelling unit; s.f. = single-family; n/a = not applicable; GFA = gross floor area

    ***Dimensional Standards indicated in this table are applicable only to Residential Subdivisions that meet the Open Space subdivision criteria of ARTICLE 3 of the BOONE COUNTY SUBDIVISION REGULATIONS.

    NOTES:

    *

    When adjoining any of the following zoning districts: A-1, A-2, R, CONS, RSE, RS, SR-1, SR-2, SR-3, UR-1, UR-2, UR-3, MHP, and R-1F

    **

    The minimum lot frontage in the RSE district may be reduced to 80 feet when the lot utilizes public water and sanitary sewer systems.

    +

    Denotes apartments, condominiums, landominiums, and townhomes

    #

    Applicable to the City of Florence only

    ^

    When a non-residential use adjoins an existing residential use

    =

    5 foot minimum side yard setback where a patio house adjoins a conventional single family dwelling

    ##

    Green space requirement can be reduced to 20% for the entire development if the planned paved paths throughout the planned greenway(s) are implemented by the developer

    ###

    Lot size in areas without public sewer service may need to be larger to accommodate private sewage treatment system requirements. Common leach field areas would require approval(s) from the State of Kentucky.

    OPEN SPACE AND CLUSTER RESIDENTIAL SUBDIVISIONS

    ZONING DISTRICT

    MAXIMUM INTENSITY OF TOTAL SITE

    MIN. GREEN SPACE AREA

    MINIMUM LOT SIZE (sq. ft.)

    MINIMUM FRONTAGE

    MAX. HEIGHT

    MINIMUM YARD SETBACKS:

    FRONT:

    REAR:

    SIDE:

    A-1

    1 d.u. or farmstead per 5 acres

    40%

    20,000

    90'

    45'

    30'

    25'

    10'

    A-2

    1 d.u. per 2 acres

    40%

    20,000

    90'

    45'

    30'

    25'

    10'

    RSE

    1 d.u. per acre

    40%

    12,000

    90'

    45'

    30'

    25'

    10'

    RS

    3 d.u. per acre

    30%##

    5,000

    50'

    45'

    20', n/a on local street when driveway is alley accessed

    n/a on interior of development; 40' on perimeter where adjacent to RS or RSE zone; 30' on perimeter where adjacent to all other zones

    5' min/10' total drainage and maintenance must be properly designed

    SR-1

    4 d.u. per acre

    30%##

    detached s.f.: 4,000

    50'

    45'

    duplex: 8,000

    75'

    SR-2

    8 d.u. per acre

    30%##

    detached s.f.: 4,000

    50'

    45'

    duplex: 8,000

    75'

    SR-3

    8 d.u. per acre

    30%##

    detached s.f.: 4,000

    50'

    45'

    duplex: 8,000

    75'

    UR-1

    12 d.u. per acre

    30%##

    detached s.f.: 4,000

    50'

    45'

    5'

    duplex: 8,000

    60'

    UR-2

    20 d.u. per acre

    30%##

    detached s.f.: 4,000

    50'

    45'

    5'

    duplex: 8,000

    60'

    UR-3

    30 d.u. per acre

    30%##

    detached s.f.: 4,000

    50'

    45'

    5'

    duplex: 8,000

    60'

    Table 31.1 Abbreviations:

    d.u. = dwelling unit; s.f. = single-family; n/a = not applicable; GFA = gross floor area

    ***Dimensional Standards indicated in this table are applicable only to Residential Subdivisions that meet the Open Space subdivision criteria of ARTICLE 3 of the BOONE COUNTY SUBDIVISION REGULATIONS.

    NOTES:

    *

    When adjoining any of the following zoning districts: A-1, A-2, R, CONS, RSE, RS, SR-1, SR-2, SR-3, UR-1, UR-2, UR-3, MHP, and R-1F

    **

    The minimum lot frontage in the RSE district may be reduced to 80 feet when the lot utilizes public water and sanitary sewer systems.

    +

    Denotes apartments, condominiums, landominiums, and townhomes

    #

    Applicable to the City of Florence only

    ^

    When a non-residential use adjoins an existing residential use

    =

    5 foot minimum side yard setback where a patio house adjoins a conventional single family dwelling

    ##

    Green space requirement can be reduced to 20% for the entire development if the planned paved paths throughout the planned greenway(s) are implemented by the developer

    ###

    Lot size in areas without public sewer service may need to be larger to accommodate private sewage treatment system requirements. Common leach field areas would require approval(s) from the State of Kentucky.

    1. D.
      Open Space Residential Subdivisions (within A-1, A-2, and RSE Zoning Districts)
      1. 1.
        The intent of permitting Open Space Residential Subdivisions within the Subdivision and Zoning Regulations is to preserve open space in Boone County while permitting smaller lots with narrower frontages, better topography, and larger buildable areas in the A-1, A-2 and RSE zoning districts. Flexibility in street and right-of-way width and sidewalk requirements for genuine Open Space Residential Subdivisions are addressed in the BOONE COUNTY SUBDIVISION REGULATIONS, while lot dimension and building setback requirements are addressed in ARTICLE 31 of the BOONE COUNTY ZONING REGULATIONS.
      2. 2.
        Instead of the conventional subdivision design process where a site is initially engineered, a joint design process occurs where staff and the applicant work collaboratively to prepare an Open Space Subdivision design. This is achieved through a three step process which includes meetings between the applicant and Planning Commission staff. The Open Space Subdivision design process is not required in any zoning district and is purely voluntary on the part of the property owner and/or developer. Certain design standards specified below are required for the subdivision to be approved as an Open Space Subdivision. If these standards cannot be met, the proposed lots within the subdivision must meet minimum conventional lot sizes and other dimensional standards of the applicable zoning district(s) and be reviewed as a conventional subdivision.
      3. 3.
        The three step design approach described below is to be used for Open Space Subdivision applications:
        1. a.
          Step One - Identifying Primary and Secondary Conservation Areas
          1. 1.
            This step consists of identifying the land that should be permanently protected as private open space, which includes the Primary and Secondary Conservation Areas. Primary Conservation Areas include constrained lands (including inundated or flood prone areas and areas of slope greater than 20%) (see Figure 31-1), river and stream corridors, and any areas within the Developmentally Sensitive Future Land Use Classification as described in the Boone County Comprehensive Plan text (i.e., existing slope of twenty percent or greater for a height of 20 meters or more; 1 meter = 39.37 inches). The exact extent of the Developmentally Sensitive area is determined by site analysis and not from the general Future Land Use map. Secondary Conservation Areas (See Figure 31-2) include amenity-forming features of the property such as mature woodlands, greenways, trails, prime farmland, hedgerows, individual free-standing trees or tree groups, wildlife habitats and travel corridors, historic sites and structures, historic stone fences, cemeteries, scenic viewsheds, stream buffer areas, etc.
     Figure 31-1
     Primary Conservation Areas
     
     Primary Conservation Areas
     
    Illustration from Conservation Design for Subdivisions by Randall Arendt (1996).
     Figure 31-2
     Secondary Conservation Areas
     
     Secondary Conservation Areas
     
    Illustration from Conservation Design for Subdivisions by Randall Arendt (1996).
    1.  
      1.  
        1. b.
          Step Two - Identifying Potential Development Areas
          1. 1.
            After determining these conservation elements, the remaining part of the property provides an estimate of the Potential Development Area (see Figure 31-3). In an Open Space Subdivision, the number of permitted units is based on the overall total site acreage multiplied by the permitted density in the zoning district(s).
     Figure 31-3
     Potential Development Areas
     
     Potential Development Areas
     
     Illustration from Conservation Design for Subdivisions by Randall Arendt (1996).
    1.  
      1.  
        1. c.
          Step Three - Locating Streets, Lot Lines and Housing Sites
          1. 1.
            This step involves locating and drawing in the streets, lot lines and housing sites within the Potential Development Area so that the views of the open space from each house are maximized and access to open space is maximized (Figure 31-4 and 31-5). The number of houses permitted is calculated by the gross site density permitted within the zoning district(s) for the entire site.
    Figure 31-4
     Locating Housing Sites
     
     Locating Housing Sites
     
    Illustration from Conservation Design for Subdivisions by Randall Arendt (1996).
     Figure 31-5
     Drawing In Lot Lines and Streets
     
     Locating Streets and Lot Lines
     
     Illustration from Conservation Design for Subdivisions by Randall Arendt (1996).
    1.  
      1. 4.
        Standards
        1. a.

          The following standards must be met by an Open Space Subdivision design:

          1. 1.

            Layout:

            1. a.
              Individual building lot frontage must be on the interior road network.
            2. b.
              Each residential dwelling unit shall have a view of functional open space from the front or rear of the unit.
            3. c.
              The development shall contain central, visible, and accessible open space.
            4. d.
              Open space must be connected throughout the development by sidewalk or path.
            5. e.
              Maintain view of open space from the existing main road into the site. The design shall buffer views of the dwelling units, particularly rear elevations, from the existing thoroughfare.
            6. f.
              Provide entry treatment, including natural vegetation buffering as preferable to berming, along the property frontage.
            7. g.
              Adjacent to existing single family residential units, Open Space Subdivision building setbacks from the development boundary must mirror the required minimum setbacks of the existing adjacent zoning district.
            8. h.
              Wet stormwater retention areas may qualify for open space for the purposes of density calculation if properly designed to accommodate recreation.
            9. i.
              To avoid developing mobile home parks in A-1 zoning districts where they are not permitted, mobile home lot sizes shall meet the existing minimum lot size of five (5) acres.
            10. j.
              Sidewalks are required on one side of any street with residential lots fronting on it. Proper pedestrian crossings must be provided where sidewalks switch sides of a street. A path or trail can be substituted for a sidewalk requirement if demonstrated to serve the same function. Trails and paths that substitute for a sidewalk must meet all disabilities requirements and standards. There is no specific surfacing requirement for other trails and paths.
            11. k.
              Undevelopable or undesirable areas shall not constitute open space areas for an Open Space Subdivision if they do not serve such a function. It is the responsibility of the developer to demonstrate that the open space areas can serve one of the required uses, and is not just an attempt to increase density by accounting for undevelopable or undesirable land.
            12. l.
              The use of native tree and grass vistas and buffers is encouraged as an alternative to higher maintenance landscaping and ornamental plantings. The street trees required by SECTION 3619 of the BOONE COUNTY ZONING REGULATIONS may be clustered on individual lots versus dispersed across the lot’s street frontage, and may include healthy, mature existing trees which are retained.
            13. m.
              Conserve a stream setback as outlined in these regulations, or as guided by the Boone County Conservation District based on stream classification.
            14. n.
              One way street loops are permitted. Streets are not required to have curb and gutter.
          2. 2.
            Gross Density: Any Open Space residential subdivision shall be developed within the maximum permitted intensity of total dwelling units per total acreage as regulated in Table 31-1 of this Article for the affected A-1, A-2, RSE zoning district(s). Open Space subdivision design may allow a developer to attain the full permitted density on a site under the existing zoning whereas normal site constraints and infrastructure needs typically result in a lower gross density potential for a conventional subdivision design.
          3. 3.
            Net Density: The maximum density of a portion of a Conventional or Open Space Residential Subdivision shall be governed by the minimum lot sizes permitted in the zoning district as described in Table 31-1 of ARTICLE 31 of the BOONE COUNTY ZONING REGULATIONS.
          4. 4.
            Minimum Size of Open Space Residential Subdivision: Open Space subdivisions shall incorporate a minimum of six contiguous lots which is consistent with the definition of a major division of land within the BOONE COUNTY SUBDIVISION REGULATIONS.
          5. 5.
            Open Space Areas: All subdivisions are encouraged to provide non-development areas for the purpose of preserving open space. Open Space Subdivisions are required to provide a combination of Primary and Secondary open space that totals at least the minimum percentage specified for the zoning district in Table 31-1. Sites that contain more than one zoning district shall provide the total percentage of open space based on the pro-rated acreage in each zoning district; however, the physical location of the open space may be concentrated on any of the affected zoning districts. The proposed open space areas shall be treated as permanent open space, and cannot be developed in the future. Open space areas shall be functional in terms of providing realistic areas that provide for passive recreation, scenic views, protection of significant vegetation, significant historic preservation, private cemeteries, or effective buffering. These areas can be used for pasture land, crops, and tree production. Related recreation structures and agricultural outbuildings are permitted in the open space area. They also can serve the septic leach area needs of an Open Space Subdivision upon review and approval of the appropriate regulating agency. Utility easements are permitted to be located within Secondary Conservation Areas, but not in Primary Conservation Areas. It is particularly important during Step 1 of the design process to make sure open space suits this objective and does not result in inaccessible, invisible perimeter strips that create maintenance issues. If the proposed development cannot meet the minimum percentage open space requirement in Table 31-1 for Primary and Secondary open space, pocket parks or stormwater retention/detention areas can qualify when designed as suitable private or HOA recreation space. At a minimum, private pedestrian access to the open space areas shall be provided.
          6. 6.
            The open space portions of any subdivision shall be clearly designated during subdivision review and referenced in a Certificate of Land Use Restriction filed at the Boone County Clerk's office. They shall be protected from development by an appropriate private restrictive covenant, scenic or conservation easement, or homeowner's agreement. The ownership and responsibility for continued maintenance of the open space areas is also required. These documents shall be submitted at the Final Plat review and shall demonstrate long term financial stability of the proposed HOA.
    2. E.
      Cluster Residential Subdivisions (within RS, SR-1, SR-2, SR-3, UR-1, UR-2, and UR-3 Zoning Districts)
      1. 1.
        Design Concepts
        1. a.
          The intent of Cluster Residential Subdivisions is to provide highly visible and functional open spaces within residential subdivisions and to allow the developer flexibility in lot size and dimensions to achieve these objectives. This type of subdivision will often allow the developer to build higher dwelling unit densities than normally experienced under conventional subdivision design by using reduced lot size and setback requirements.
        2. b.
          A Cluster Residential Subdivision will incorporate amenity-forming features of the property such as mature woodlands, stream valleys, trails, meadows, hedgerows, groups of prominent trees, notable wildlife habitats, historic sites and structures, historic stone fences, cemeteries, scenic views, etc. to provide interconnected, usable open space. In the design of the proposed subdivision, these types of features will be examined as to their connections within the site as well as to adjacent existing or future development if agreed to by the property owner.
      2. 2.
        Standards The following standards must be met by a Cluster Residential Subdivision design:
        1. a.
          Layout:
          1. 1.
            Individual building lot access must be on the proposed development’s interior road network.
          2. 2.
            The development shall contain visible and accessible private open space that makes a visual difference at street level. Small, fragmented open spaces are not desirable.
          3. 3.
            Open space is recommended to be connected throughout the development by sidewalks and/or paths.
          4. 4.
            Stream buffer areas and groundwater infiltration areas may provide an opportunity for the developer to achieve mitigation credits for use on the subject site or another site as arranged with the pertinent agencies.
          5. 5.
            Open space should be designed to coordinate with adjacent parcels and future development if agreed to by the neighboring property owner.
          6. 6.
            Wet stormwater retention areas and lakes may qualify for open space for the purposes of density calculation if properly designed to accommodate recreation.
          7. 7.
            A sidewalk is required on each side of the street with residential lot frontage. Proper pedestrian crossings must be provided where sidewalks switch sides of a street. A path or trail can be substituted for a sidewalk requirement if demonstrated to serve the same function. Substituted trails and paths must meet all disabilities requirements and standards. There is no specific surfacing requirement for other trails and paths.
        2. b.
          Gross Density: In a Cluster Residential Subdivision, the number of permitted dwelling units on a site is based on the zoning density allowed for the total acreage of the site. It is calculated by multiplying the number of units permitted per acre in the existing zoning district by the total site acreage. Cluster Residential subdivision design may allow a developer to attain a greater overall density on a site under the existing zoning whereas normal site constraints and infrastructure needs typically result in a lower gross density potential for a conventional subdivision design.
        3. c.
          Net Density: The maximum density of a portion of a Cluster Residential Subdivision shall be governed by the minimum lot sizes permitted in the zoning district as described in Table 31-1 of ARTICLE 31 of the BOONE COUNTY ZONING REGULATIONS.
        4. d.

          Minimum Size of Cluster Residential Subdivision: Cluster Residential Subdivisions shall be a minimum of twenty (20) acres.

        5. e.

          Open Space Areas:

          1. 1.

            All subdivisions, including conventional design, are encouraged to provide nondevelopment areas for the purpose of preserving open space. Cluster Residential Subdivisions are required to provide at least the minimum percentage specified for the pertinent zoning district in Table 31.1. Sites that contain more than one zoning district shall provide the total percentage of open space based on the pro-rated acreage in each zoning district; however, the physical location of the open space may be concentrated on any of the affected zoning districts. The proposed open space areas shall be treated as permanent open space, and cannot be developed in the future. Open space areas shall be functional in terms of providing realistic areas that provide for passive recreation, scenic views, protection of significant vegetation, significant historic preservation, private cemeteries, wetland mitigation, stream mitigation, or effective buffering. These areas can be used for pasture land or cropland. Recreation structures and utility easements are permitted in the open space areas. It is particularly important during Step 1 of the design process to make sure open space suits the objectives of this article and does not result in inaccessible, invisible perimeter strips that create maintenance issues.

            1. a.
              Open Space
            2. b.
              Village, corner, side, and court green(s)
            3. c.
              Neighborhood corner park(s)
            4. d.
              Green boulevard street(s)
          2. 2.
            A Cluster Residential Subdivision offers flexibility in lot size and building setbacks, and to help address this impact, it must include the minimum open space identified in Table 31-1, and provide at least two of the four open space types described below. More than one of each type can be provided in the subdivision to help reach the minimum open space area on the site. Ponds and groundwater recharge areas can be counted toward the required open space percentage. Dry detention and wet retention areas can also be counted if they are “extended” basins with an increased capacity and perimeter vegetated recharge areas. Typical dry detention basins do not count toward the required open space percentage. Street trees must be of a large canopy variety suitable for this climate, acceptable to the owner of the street, and measure three (3) inches in caliper size when installed. Playground minimum specifications shall meet National Recreation Standards for the proposed number of dwelling units/population within the development.
    3. F.
      For the purposes of this article, four main types of open space are considered to meet the development impacts:
      1. 1.
        Open Space
        1. a.
          A linear, non-fragmented area established along a natural corridor, such as a stream valley, or along a manmade feature such as an old roadway converted to a recreational use, or along a fence row or other connecting feature. Open Space may be a part of a future network that provides recreational, transportation, ecological, and property value benefits. As indicated in Table 31-1, Dimensional Standards, a Cluster Residential Subdivision will have a minimum of thirty (30) percent open space if trails are not constructed through the usable length of the planned open space, while the subdivision can have a minimum of twenty (20) percent open space if the developer commits to building paved connecting trails throughout the open space. Main spine trails should be ten (10) feet wide, while intra-development connecting trails should be eight (8) feet wide. This open space type is required in the subdivision design when a suitable stream valley, meadow, or tree pattern exists, or the site forms part of a planned or existing trail network. Connections to sidewalks within developments must contain a wide or flared shape to the parcel to avoid narrow strips between houses, and must contain entry features such as landscaping, decorative fencing, planted mounds, lighting, and/or decorative trailhead signage. Suitable existing vegetation areas that will be retained can be applied toward the thirty (30) percent (20 percent with trail construction) required open space in Table 31-1. Following are three examples of open space that meet the intent of these regulations.
      2. 2.
        Village Green
        1. a.
          This feature is a formal two-acre minimum community landscaped island and tree plantings within the center of a street or offset open space within an entrance or major street of the development. It shall include as a minimum: an open shelter type structure such Figure 31-6  - Village green 31-8 as a gazebo, a fountain or similar focal point, single-loaded street with sidewalk around the perimeter, box curb design, street trees around the perimeter, and appropriate paved pedestrian access to the structure(s). The emphasis should be on a grass commons type of area with shade trees rather than landscaping that is expensive to maintain. No utility boxes, manhole lids or similar should be located in the Green. One example of a Village Green is attached.
    Figure 31-6 
     Village Green
     
     Village Green
     
    1.  
      1. 3.
        Corner, Side, and Court Greens
        1. a.
          These features can be smaller than the formal Village Green and can occur within the back streets of a development. They include shade trees, benches, paved connecting paths, box curbs at the street. Groundwater recharge can be designed into these features. No utility boxes, manhole lids, or similar should be located in these areas.
    Figure 31-7 
     Corner Green
     
     Corner Green
     
     Figure 31-8
     Side Green
     
     Side Green
     
    1.  
      1. 4.
        Neighborhood Corner Park
        1. a.
          This type of open space is a two (2)acre minimum neighborhood style park that is highly visible within the residential fabric. It shall contain as a minimum: a significant playground facility, a sidewalk along the adjacent streets, paved pedestrian paths to serve the playground, benches, and shade tree plantings. The adjacent street contains box curbs along the park. Decorative fence is required along all adjoining residential lots.
     Figure 31-9
     Neighborhood Corner Park
     
     Neighborhood Park
     
    1.  
      1. 5.
        Green Boulevard Street
        1. a.
          This option contains a minimum sixty-five (65) foot wide right of way which has landscaping, and pedestrian/bike routes on both sides of the roadway. The street contains no individual driveway access. Streetscape improvements are required and must be detailed. These shall include as a minimum: street trees or trees near the right-of-way edge, decorative fence or berms, and wider grass areas than on a typical subdivision streetscape. The green areas along this street need to be HOA maintained; however, the developer can receive open space credit for the entire right-of-way of the subject street including the street area itself. The open space portions of any subdivision shall be clearly designated during subdivision review and clearly described with use restrictions referenced on a Final Plat filed at the Boone County Clerk's office. They shall be protected from development by an appropriate restrictive covenant, scenic or conservation easement, public dedication, or homeowner's agreement. The ownership and responsibility for continued maintenance of the open space areas is also required. HOA documents shall be submitted at the Improvement Plan and Final Plat review stages, and shall demonstrate long term financial stability of the proposed HOA.
    Figure 31-10
     Green Boulevard Street
     
     Green Boulevard Street
     

    Effective on: 12/20/2022

    SECTION 3113 SINGLE-FAMILY DETACHED AND DUPLEX DWELLING UNITS ON A SINGLE RECORDED PARCEL

  • A.
    Single family detached dwelling units and duplex dwelling units (including mobile homes in the A-1 zone) within Agricultural or Residential districts shall be required to be individually placed on single lots of record unless required to obtain Site Plan approval by the underlying zoning district or ARTICLE 30.

    • Effective on: 12/20/2022

    SECTION 3114 ACCESSORY DWELLING UNIT REGULATIONS

  • A.
    Where allowed, accessory dwelling units shall meet the following requirements:
    1. 1.
      Shall only be allowed for detached single family dwellings that are not patio homes.
    2. 2.
      Only one (1) accessory dwelling unit per lot shall be allowed.
    3. 3.
      When located within an accessory structure, shall only be allowed on lots having an area that are a minimum of 1.5 times the minimum lot area of the district in which it is located.
    4. 4.
      Shall not occupy more than thirty-five (35) percent of the total floor area of the principal structure.
    5. 5.
      When located within a single family residence, an accessory dwelling unit shall either:  (a) use an existing entrance for access; or (b) use a new entrance for access that is only located on the rear or side of the structure.  The construction of an additional exterior ingress/egress doorway on the front or corner side of the structure shall be prohibited.
    6. 6.
      When located within an accessory structure, an accessory dwelling unit shall be a Conditional Use within the RS, SR-1, SR-2, SR-3, R-1F, UR-1, UR-2, or UR-3 districts.
    7. 7.
      When located within the SC, WD, or GR-R districts, the principal dwelling unit, together with the accessory dwelling unit, shall not exceed the maximum permitted density for the district in question.
    8. 8.
      In addition to the required parking for the residence, a minimum of one (1) additional parking space shall be provided.

    • Effective on: 12/20/2022

    SECTION 3115 EXEMPTIONS FOR AGRICULTURAL PURPOSES

  • A.
    Land used for agricultural uses, as defined in ARTICLE 40, are exempt from requirements for zoning permits, certificates of occupancy, and height and yard standards for agricultural buildings, except that:
    1. 1.
      Set back lines may be enforced for the protection of existing and proposed streets and highways.
    2. 2.
      That all buildings and structures in flood areas designed under local flood protection control areas may be fully regulated.

    • Effective on: 12/20/2022

    SECTION 3116 REGULATIONS FOR EMERGENCY SHELTERS

  • A.
    Emergency Shelters shall meet the following requirements:
    1. 1.
      If located in an Agricultural or Residential district, the facility shall be operated within an existing building having a minimum floor area of 5,000 square feet.
    2. 2.
      The facility must be operated by a non-profit organization, a sponsoring agency, or government agency.
    3. 3.
      The facility must provide continuous on-site staffing during the hours of operation.
    4. 4.
      It shall be the responsibility of the shelter operator to notify the appropriate legislative unit(s) that a shelter is/will be in operation.

    • Effective on: 12/20/2022

    SECTION 3117 SOLAR ENERGY SYSTEMS

  • A.
     The following regulations apply only to Unincorporated Boone County:
    1. 1.
      Purpose
      1. a.
        Facilitate the siting, development, construction, installation, and decommissioning of Solar Energy Systems (SES) in a predictable manner that promotes and protects the safety, health, and welfare of the community.
      2. b.
        Provide a framework for the development of SES, which balances the benefits of renewable energy production and economic development with the protection of agricultural and residential uses, the built environment, and historic, natural, and other sensitive areas.
    2. 2.
      Requirements for Rooftop Solar Energy Systems
      1. a.
        Shall conform to the requirements of SECTION 3124.
      2. b.
        Shall be positioned on the roof so as not to extend above or beyond the edge of any ridge, hip, valley, or eave.
      3. c.
        Shall not be illuminated and all surfaces shall be matte or non-reflective.
    3. 3.
      Requirements for Ground Mounted Solar Energy Systems
      1. a.
        Lighting shall be regulated by SECTION 3316
        1. 1.
          Shall be limited to the minimum necessary for safe operation.
        2. 2.
          Shall be directed downward.
        3. 3.
          Shall incorporate full cut-off features.
        4. 4.
          Shall incorporate motion sensors, where feasible.
      2. b.
        All surfaces shall be matte or non-reflective.
      3. c.
        Shall not exceed twenty (20) feet in height, as measured from the average grade below each solar panel to the top of each solar panel.
      4. d.
        The footprint of an accessory ground mounted solar energy system shall be less than the footprint of the principal structure on the site.
      5. e.
        Siting Restrictions:
        1. 1.
          The footprint of a Tier 1 solar energy system shall follow the regulations for accessory structures as outlined in SECTION 3153.
        2. 2.
          The footprint of a Tier 2 or Tier 3 solar energy system shall be set back a minimum of two hundred (200) feet from an adjoining property that is zoned with an agricultural, recreation, conservation, residential, or public facility district.
        3. 3.
          The footprint of a Tier 2 or Tier 3 solar energy system shall be set back a minimum of one hundred (100) feet from an adjoining property that is zoned with a business, employment, airport, small community, or special study district.
        4. 4.
          The footprint of a Tier 2 or Tier 3 solar energy system shall be set back a minimum of fifty (50) feet from the right-of-way line of any public street.
        5. 5.
          The footprint of a Tier 2 or Tier 3 solar energy system shall be set back a minimum of five hundred (500) feet from a residential or school building, other than those on the property where the system is to be located.
        6. 6.
          The location of solar arrays on impermeable surfaces, including but not limited to, gravel and asphalt shall be prohibited.
      6. f.
        Screening:
        1. 1.
          The perimeter of the footprint of a Tier 2 or Tier 3 solar energy system shall be provided with a Buffer Yard C.
        2. 2.
          Any tree that is planted in the required Buffer Yard shall have a minimum height of six (6) feet when planted and shall have an expected mature growth height of a minimum of fifteen (15) feet.
      7. g.
        Fencing:
        1. 1.
          All fences in the front yard, as measured from the front lot line to the closest solar array, shall meet the requirements of SECTION 3655.D.
        2. 2.
          Fences used as security shall have a maximum height of eight (8) feet and shall not be placed along the perimeter of the property.
        3. 3.
          All other fencing shall meet the requirements of SECTION 3655.
      8. h.
        Decommissioning:
        1. 1.
          A decommissioning plan shall be submitted at the time of either the submittal of a Conditional Use Permit application or a Site Plan application, whichever is first.
        2. 2.
          Other than as specified by the Board of Adjustment or other authority having jurisdiction, decommissioning shall begin no later than six (6) months after a ground mounted solar energy system has ceased to generate electricity or thermal energy.
        3. 3.
          All structures and facilities associated with the solar energy system, including any underground wiring, conduits, equipment, shall be removed within six (6) months from the beginning of the decommissioning operation.
    4. 4.
      Protection of Farmland and Revegetation of Disturbed Areas
      1. a.
        Compaction of soils associated with the location of roads and installation staging areas for Tier 2 and Tier 3 ground mounted systems shall be minimized to the extent possible.
      2. b.
        In Agricultural districts, upon completion of construction and installation of ground mounted solar energy systems, all temporary roads shall be removed and all disturbed areas shall be graded and reseeded with short-term cover crops and sustainable, non-weed native vegetation in order to establish an effective ground cover and to minimize erosion and sedimentation.
    5. 5.
      Permitting and Processing
      1. a.
        Integrated and roof mounted solar energy systems shall follow the Zoning Permit procedures identified in ARTICLE 4.
      2. b.
        Tier 1 solar energy systems in agricultural or residential districts shall follow the Zoning Permit procedures identified in ARTICLE 4.
      3. c.
        Tier 1 solar energy systems in any district, other than agricultural or residential districts, shall follow the Site Plan procedures identified in ARTICLE 30.
      4. d.
        Tier 2 or Tier 3 solar energy systems shall follow the Site Plan procedures identified in ARTICLE 30.
  • B.
    The following regulations apply only to the City of Florence:
    1. 1.
      Purpose
      1. a.
        Facilitate the siting, development, construction, installation, and decommissioning of Solar Energy Systems (SES) in a predictable manner that promotes and protects the safety, health, and welfare of the community.
      2. b.
        Provide a framework for the development of SES, which balances the benefits of renewable energy production and economic development with the protection of agricultural and residential uses, the built environment, and historic, natural, and other sensitive areas.
    2. 2.
      Requirements for Rooftop Solar Energy Systems
      1. a.
        Shall conform to the requirements of SECTION 3124.
      2. b.
        Rooftop solar panel visibility and roof location requirements:
        1. 1.
          Rooftop solar panels can be visible from streets and adjoining properties when located in agricultural and residential zoning districts if b5. and b6. are met below.
        2. 2.
          Rooftop solar panels shall not be visible from streets when located in Commercial, Office, Industrial, Public Facilities, Airport and Florence Main Street zoning districts.
        3. 3.
          Rooftop solar panels shall not be visible from adjoining properties when located in Commercial, Office, Public Facilities, and Florence Main Street zoning districts.
        4. 4.
          Rooftop solar panels shall not be visible from adjoining properties when located in Industrial or Airport zones unless the adjoining property is zoned Industrial or Airport.  However, in no case shall a rooftop solar panel extend more than ten (10) feet above the highest portion of the roof or parapet in an Industrial or Airport zoning district.
        5. 5.
          Rooftop solar panels on flat roofs shall not be visible when located in a residential zone.
        6. 6.
          Solar panels shall be flush mounted on pitched roofs and be positioned so as not to extend above the edge of any of any ridge, hip, valley, or eave.
      3. c.
        Shall not be illuminated and all surfaces shall be matte or non-reflective.
      4. d.
        Associated wires or cables shall not be visible from public view or shall be concealed in conduit, which is color coordinated with the subject structure in all zoning districts.
      5. e.
        Associated equipment cabinets, inverters, etc. shall:
        1. 1.
          Be inside the structure or attached to the side or rear of the structure where the rooftop system is proposed or
        2. 2.
          Not be visible from public roadways.  They can be screened with fencing or landscaping
    3. 3.
      Requirements for Ground Mounted Solar Energy Systems
      1. a.
        Lighting shall be regulated by SECTION 3316
        1. 1.
          Shall be limited to the minimum necessary for safe operation.
        2. 2.
          Shall be directed downward.
        3. 3.
          Shall incorporate full cut-off features.
        4. 4.
          Shall incorporate motion sensors, where feasible.
      2. b.
        ​​​​​​​All surfaces shall be matte or non-reflective.
      3. c.
        The permitted height of ground mounted solar energy systems, shall be measured from the average grade below each solar panel to the top of each solar panel.
        1. 1.
          ​​​​​​​Permitted Tier 1 heights shall be limited as follows:
          1. a.
            10' maximum when the subject property adjoins a residential or agriculturally zoned property.
          2. b.
            20' maximum when the subject property does not adjoin a residential or agriculturally zoned property.
        2. 2.
          Permitted Tier 2 and Tier 3 heights shall be limited as follows:​​​​​​​
          1. a.
            20' maximum.
      4. d.
        ​​​​​​​​​​​​​​The footprint of an accessory ground mounted solar energy system shall be less than the footprint of the principal structure on the site.
      5. e.
        Wires or cables associated with ground mounted SES shall not be visible from public view.  Wire or cables must be buried or concealed in conduit.
      6. f.
        Siting Restrictions:
        1. 1.
          The footprint of a Tier 1 solar energy system shall meet the most restrictive of the following:
          1. a.
            ​​​​​​​The Tier 1 ground mounted solar energy system definition.
          2. b.
            The accessory structures regulations from SECTION 3153.
          3. c.
            # d above.
        2. 2.
          ​​​​​​​The footprint of a Tier 2 or Tier 3 solar energy system shall be set back a minimum of two hundred (200) feet from an adjoining property that is zoned with an agricultural, recreation, conservation, residential, or public facility district.
        3. 3.
          The footprint of a Tier 2 or Tier 3 solar energy system shall be set back a minimum of one hundred (100) feet from an adjoining property that is zoned with a business, employment, airport, small community, or special study district.
        4. 4.
          ​​​​​​​The footprint of a Tier 2 or Tier 3 solar energy system shall be set back a minimum of fifty (50) feet from the right-of-way line of any public street.
        5. 5.
          The footprint of a Tier 2 or Tier 3 solar energy system shall be set back a minimum of five hundred (500) feet from a residential or school building, other than those on the property where the system is to be located.
        6. 6.
          The location of solar arrays on impermeable surfaces, including but not limited to, gravel and asphalt shall be prohibited.
      7. g.
        Screening
        1. 1.
          ​​​​​​​​​​​​​​The perimeter of the footprint of a Tier 2 or Tier 3 solar energy system shall be provided with a Buffer Yard C.
        2. 2.
          Any tree that is planted in the required Buffer Yard shall have a minimum height of six (6) feet when planted and shall have an expected mature growth height of a minimum of fifteen (15) feet.
      8. h.
        Fencing:
        1. 1.
          All fences in the front yard, as measured from the front lot line to the closest solar array, shall meet the requirements of SECTION 3655.D.
        2. 2.
          All other fencing shall meet the requirements of SECTION 3655.
      9. i.
        Decommissioning:
        1. 1.
          A decommissioning plan or statement shall be submitted with all Conditional Use Permit applications, Site Plan applications, and Zoning Permit applications.
        2. 2.
          Other than as specified by the Board of Adjustment or other authority having jurisdiction, decommissioning shall begin no later than six (6) months after a ground mounted solar energy system has ceased to generate electricity or thermal energy.
        3. 3.
          All structures and facilities associated with the solar energy system, including any underground wiring, conduits, equipment, shall be removed within six (6) months from the beginning of the decommissioning operation.
    4. 4.
      Requirements for Integrated Solar Energy Systems
      1. a.
        Wires  or cables shall not be visible from public view or shall be concealed in conduit, which is color coordinated with the subject structure.
      2. b.
        Associated equipment cabinets, inverters, etc. shall:
        1. 1.
          Be inside the structure or attached to the side or rear of the structure on which the integrated system is proposed.
        2. 2.
          Not be visible from public roadways.  They can be screened with fencing or landscaping.
    5. 5.
      Protection of Farmland and Revegetation of Disturbed Areas​​​​​​​
      1. a.
        Compaction of soils associated with the location of roads and installation staging areas for Tier 2 and Tier 3 ground mounted systems shall be minimized to the extent possible.
      2. b.
        In Agricultural districts, upon completion of construction and installation of ground mounted solar energy systems, all temporary roads shall be removed and all disturbed areas shall be graded and reseeded with short-term cover crops and sustainable, non-weed native vegetation in order to establish an effective ground cover and to minimize erosion and sedimentation.
    6. 6.
      Permitting and Processing
      1. a.
        Integrated and roof mounted solar energy systems shall follow the Zoning Permit procedures identified in ARTICLE 4.
      2. b.
        Tier 1 solar energy systems in agricultural or residential districts shall follow the Zoning Permit procedures identified in ARTICLE 4.
      3. c.
        Tier 1 solar energy systems in any district, other than agricultural or residential districts, shall follow the Site Plan procedures identified in ARTICLE 30.
      4. d.
        Tier 2 or Tier 3 solar energy systems shall follow the Site Plan procedures identified in ARTICLE 30. 

    • [Ord. # BC-2025-05, R-24-036-A, 01/21/2025; Ord. # BC-2025-05, R-24-036-A, 01/21/2025; Ord. # F-O-13-2025, R-24-036-A, 06/17/2025]

    Effective on: 6/17/2025

    SECTION 3118 BATTERY ENERGY STORAGE SYSTEMS

  • A.
     The following regulations apply only to Unincorporated Boone County:
    1. 1.
      Applicability
      1. a.
        Tier 1 systems shall meet the same requirements as other accessory uses/structures allowed by this ordinance.
      2. b.
        Tier 2 systems, whether permitted as free standing operations or as an accessory use, shall meet the requirements identified in Subsection B, in addition to other requirements of this ordinance.
    2. 2.
      Tier 2 Requirements
      1. a.
        Facilities shall meet the following minimum setbacks:
        1. 1.
          Two hundred (200) feet from the property line of any property within a residential district.
        2. 2.
          Fifty (50) feet from any other property line.
      2. b.
        A Buffer Yard D shall be provided where a battery energy storage system facility is adjacent to a property within a residential district. In all other cases, Buffer Yards shall be provided per the requirements of SECTION 3645.
      3. c.
        All on site utility lines shall be placed underground to the extent feasible as permitted by the serving utility, with the exception of the main service connection.
      4. d.
        Areas within ten (10) feet of the Battery Energy Storage System facility shall be cleared of combustible vegetation and other combustible growth. Single specimens of trees, shrubbery, or cultivated ground cover such as grass, ivy, or similar plants used as ground cover shall be permitted provided that they do not form a means of readily transmitting fire.
      5. e.
        The average noise generated from the battery energy storage system facility, and its associated ancillary equipment, shall not exceed a noise level of sixty (60) dBA, as measured at the property line of the site upon which the facility is located.
    3. 3.
      Decommissioning
      1. a.
        A decommissioning plan shall be submitted at the time of submittal of a Site Plan application.
      2. b.
        Decommissioning shall begin no later than six (6) months after the facility has ceased operations.
      3. c.
        All structures and facilities associated with the battery energy storage system, including any underground wiring, conduits, equipment, shall be removed within six (6) months from the beginning of the decommissioning operation.
    4. 4.
      Permitting and Processing
      1. a.
        Tier 1 systems shall follow the Zoning Permit procedures identified in ARTICLE 4 or the Site Plan procedures identified in ARTICLE 30, whichever is applicable.
      2. b.
        Tier 2 systems shall follow the Site Plan procedures identified in ARTICLE 30.
  • B.
    The following regulations only apply to the City of Florence:
    1. 1.
      Applicability
      1. a.
        Tier 1 systems shall meet the same requirements as other accessory uses/structures allowed by this ordinance and Subsection 2 below.
      2. b.
        Tier 2 systems, whether permitted as free-standing operations or as an accessory use, shall meet the requirements identified in Subsection 3, in addition to other requirements of this ordinance.
    2. 2.
      Tier 1 Requirements
      1. a.
        Exterior battery cabinets/boxes/containers shall:
        1. 1.
          Not be visible from public streets. They can be screened with privacy fencing and/or landscaping.
        2. 2.
          Not exceed the maximum fence height of the zoning district.
        3. 3.
          Not have associated wires or cables visible from public view. All such wires or cables shall be hidden or concealed in conduit which correlates to the subject structure.
    3. 3.
      Tier 2 Requirements
      1. a.
        Facilities shall meet the following minimum setbacks:
        1. 1.
          Two hundred (200) feet from the property line of any property within a residential district.
        2. 2.
          Fifty (50) feet from any other property line.
      2. b.
        A Buffer Yard D shall be provided where a battery energy storage system facility is adjacent to a property within a residential district. In all other cases, Buffer Yards shall be provided per the requirements of Section 3645.
      3. c.
        All on site utility lines shall be placed underground to the extent feasible as permitted by the serving utility, with the exception of the main service connection.
      4. d.
        Areas within ten (10) feet of the Battery Energy Storage System facility shall be cleared of combustible vegetation and other combustible growth. Single specimens of trees, shrubbery, or cultivated ground cover such as grass, ivy, or similar plants used as ground cover shall be permitted provided that they do not form a means of readily transmitting fire.
      5. e.
        The average noise generated from the battery energy storage system facility, and its associated ancillary equipment, shall not exceed a noise level of sixty (60) dBA, as measured at the property line of the site upon which the facility is located.
      6. f.
        Shall be limited to 20’ in height.
      7. g.
        Wires or cables associated with the battery energy storage system shall not be visible from public view or be concealed in conduit.
    4. 4.
      Decommissioning
      1. a.
        A decommissioning plan or statement shall be submitted with all Conditional Use Permit, Site Plan, and Zoning Permit applications.
      2. b.
        Decommissioning shall begin no later than six (6) months after the facility has ceased operations.
      3. c.
        All structures and facilities associated with the battery energy storage system, including any underground wiring, conduits, and equipment, shall be removed within six (6) months from the beginning of the decommissioning operation.
    5. 5.
      Permitting and Processing
      1. a.
        Tier 1 systems shall follow the Zoning Permit procedures identified in ARTICLE 4 or the Site Plan procedures identified in Article 30, whichever is applicable.
      2. b.
        Tier 2 systems shall follow the Site Plan procedures identified in ARTICLE 30.

    • [Ord. # BC-2025-05, R-24-036-A, 01/21/2025; Ord. # F-O-13-2025, R-24-036-A, 06/17/2025]

    Effective on: 6/17/2025

    SECTION 3121 SETBACK REQUIREMENTS FOR CORNER LOTS

  • A.
    On a corner lot, the front yard shall be determined by the orientation of the building located on the site. The corner side yard setback from the side yard right-of-way shall be a minimum of one-half (½) the required front yard setback. This corner side yard setback requirement regulates the location of the principal building and any associated accessory structures (refer to definition of "Yard, Corner Side" in ARTICLE 40).
    • Figure 31-11
    Corner Side Yard Setback
     
     Corner Side Yard Setback
     

    Effective on: 12/20/2022

    SECTION 3122 REAR YARD AND CORNER SIDE YARD SETBACK REQUIREMENTS ALONG FREEWAY, EXPRESSWAY, ARTERIAL, AND COLLECTOR ROADS

  • A.
    The setback for a rear yard or corner side yard which adjoins a freeway, expressway, arterial, or collector road, as classified in ARTICLE 32, shall be a minimum of fifty (50) feet for principal structures and twenty (20) feet for accessory structures.
    •  Figure 31-12 
     Rear Yard and Corner Side Yard Setback Requirements 
     Along Freeway, Expressway, Arterial and Collector Streets 
      
      
      
     Figure 31-12 
     Rear Yard and Corner Side Yard Setback Requirements 
     Along Freeway, Expressway, Arterial and Collector Streets 
      
      
      

    Effective on: 12/20/2022

    SECTION 3123 ARCHITECTURAL PROJECTIONS

  • A.
    Open structures such as porches, decks, canopies, balconies, platforms, carports, covered patios, and similar architectural projections which occupy space three (3) or more feet above the general ground level of the yard shall be considered parts of the building to which attached and shall not project into the required minimum front, side, or rear yard. Chimneys, steps and staircases, and overhangs and gutters may extend up to two and one-half (2 ½) feet into a required front, side, or rear yard. However, such extensions into a required yard shall not impede, disrupt, or interfere with storm water flow and may need to be cantilevered above grade or necessitate the construction of a storm pipe system with drainage structures or other improvements to provide adequate site drainage.

    • Effective on: 12/20/2022

    SECTION 3124 EXCEPTIONS TO HEIGHT REGULATIONS

  • A.
    Height limitations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, silos, wind turbines for on-site power production and consumption, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy except where the height of such structures will constitute a hazard to the safe landing and take-off of aircraft at an established airport.

    • Effective on: 12/20/2022

    SECTION 3142 HOME BUSINESSES AND HOME OCCUPATIONS

  • A.
    The provisions of this section are intended to preserve and promote the residential character of neighborhoods while allowing limited commercial activity to take place.  The following regulations are established to ensure that home businesses and home occupations are compatible with the neighborhood in which they are located.
    1. 1.
      Home Business:  Where allowed, home businesses shall meet the following requirements, in addition to any other conditions imposed by the Board of Adjustment:
      1. a.
        The use is conducted entirely within a dwelling or in an accessory structure.
      2. b.
        Other than members of the household residing on the premises, no more than one (1) person who is not a member of the household residing on the premises, may be engaged in the operation of the home business.
      3. c.
        On site sales or services shall be limited to products and services related to the home business.
      4. d.
        There shall be no change in the exterior appearance of the building or premises, to evidence that such property is used for a home business.
      5. e.
        No home business shall result in exterior evidence of such use being conducted by reason of atmospheric pollution, light flashes, glare, odors, noise, or vibration, discernable from abutting properties.
      6. f.
        There shall be no pickup or delivery by business related commercial vehicles, except for U.S. mail and standard  UPS/FedEx sized vehicles.
      7. g.
        There shall be no outdoor display or storage of goods, equipment, or services that are associated with the home business.
      8. h.
        No new entrance or separate driveway shall be permitted for the home business.
      9. i.
        No commercial vehicle associated with the home business shall be permitted on the premises, except within a completely enclosed garage.
      10. j.
        Signage shall be regulated by ARTICLE 34.
    2. 2.
      Home Occupation:  Where allowed, home occupations shall meet the following requirements:
      1. a.
        The use is conducted entirely within a dwelling and not in an accessory structure.
      2. b.
        Only members of the household residing on the premises may engaged in the operation of the home occupation.
      3. c.
        No commodity shall be sold on the premises in connection with such home occupation.
      4. d.
        There shall be no change in the exterior appearance of the building or premises to evidence that such property is used for a home occupation.
      5. e.
        No home occupation shall result in exterior evidence of such use being conducted by reason of atmospheric pollution, light flashes, glare, odors, noise, or vibration discernible from abutting properties.
      6. f.
        No customers or clients shall be permitted on the premises in connection with the home occupation.
      7. g.
        There shall be no pickup or delivery by business related commercial vehicles, except for the U.S. mail and standard UPS/FedEx sized vehicles.
      8. h.
        There shall be no outdoor display or storage of goods, equipment, or services that are associated with the home occupation.
      9. i.
        No separate entrance or separate driveway shall be permitted for the home occupation.
      10. j.
        No commercial vehicle associated with the home occupation shall be permitted on the premises, except within a completely enclosed garage.
      11. k.
        Signage shall be regulated by ARTICLE 34.
  • B.
    A Home Business or a Home Occupation Permit must be issued by the Planning Commission before any home business or home occupation is initiated. 
  • C.
    A Home Business or Home Occupation Permit may be revoked by the Zoning Administrator for noncompliance with the requirements of this section.
    1. 1.
      The revocation notice must be provided to the property owner in writing, stating how the home business or home occupation is violating the requirements of this section.

    • Effective on: 12/20/2022

    SECTION 3147 TEMPORARY BUILDINGS

  • A.
    Temporary buildings, construction trailers, equipment, and materials used in conjunction with construction work or snow removal may be permitted in any district during the period construction work is in progress or during winter months, but such temporary facilities shall be removed upon completion of the construction work or in the spring. These temporary buildings, construction trailers, equipment, or materials cannot be used for advertisement of any kind. However, the temporary building or construction trailer may display the builder’s and/or developer’s names.

    • Effective on: 12/20/2022

    SECTION 3149 PARKING AND STORAGE OF CERTAIN VEHICLES

  • A.
    The parking and storage of automobiles, recreational vehicles, trailers, and employment vehicles are permitted in accordance with the following standards:
    1. 1.
      Unlicensed vehicles and disabled vehicles shall be stored inside an enclosed building or structure. Disabled vehicles are those which are in any state of disassembly, unable to drive under their own power, or are otherwise not roadworthy for driving on public streets.
    2. 2.
      Automotive vehicles shall be parked or stored on a paved surface, except where driveways and parking areas serving one (1) single-family residence on a lot of one (1) acre or more shall be exempt from this requirement (refer to SECTION 3314). However, this exception shall not apply inside the City of Florence.
    3. 3.
      One (1) recreational vehicle or one (1) trailer, which does not exceed twenty-five (25) feet in length or nine (9) feet width, may be stored in a side yard (excluding corner side yard) or rear yard only and shall be stored or parked only on a paved surface, except where driveways and parking areas serving one (1) single family residence on a lot of one (1) acre or more shall be exempt from this requirement (refer to SECTION 3314). However, this exemption for one (1) single-family residence on a lot of one (1) acre or more shall not apply inside the City of Florence.
    4. 4.
      Vehicles used for employment or business purposes that are larger than a full size pick-up or a full size van (larger than one (1) ton), or commercial style vehicles, trailers, implements, and equipment regardless of size, such as dump trucks, tow trucks, Bobcat style implements, and trailers carrying lawn service equipment, shall not be stored or parked within residential districts.
    5. 5.
      In multi-family, mobile home parks, or townhouse developments, storage of recreational vehicles and trailers  shall be in designated areas only. These designated areas shall be illustrated on the appropriate zoning permit or site plan.
    6. 6.
      In employment or commercial districts, recreational vehicles or boats shall be placed in designated storage areas only which are indicated on the approved Site Plan and not in any designated parking area.

    • Effective on: 12/20/2022

    SECTION 3151 REQUIRED TRASH AREAS

  • A.
    All commercial, office, and employment uses that provide trash and/or garbage collection areas shall be completely enclosed within a structure to minimize their visual impact from public streets, internal circulation areas, and adjoining properties.
  • B.
    Provisions for adequate vehicular access to and from trash collection areas shall be required as determined by the Zoning Administrator.
  • C.
    Within Unincorporated Boone County and the Cities of Union and Walton, such enclosure structure shall be constructed of brick or masonry walls and/or wooden fences which are a minimum of five (5) feet tall or one (1) foot higher than the trash container to be screened. Chain link fences with slats are not acceptable enclosure materials.
  • D.
    Within the City of Florence, where such structure is visible from a public or private street, such enclosure structure shall be constructed with the same material(s) as the principal structure.  If the principal structure is constructed of EIFS, then the enclosure structure shall be constructed with brick, stone, textured architectural grade block, or vinyl privacy fencing.  Chain link fences with slats are not acceptable enclosure materials.
  • E.
    Within the City of Florence, where such structure is not visible from a public or private street, such enclosure shall be constructed with the same material(s) as the principal structure, brick, stone, textured architectural grade block, or vinyl privacy fencing.  Chain link fences with slats are not acceptable enclosure materials.
  • F.
    The gates or doors of the garbage collection area or dumpster enclosure shall be kept completely closed except at times when the area or dumpster is being serviced. Additional requirements are located within ARTICLE 36.
    • Figure 31-13
    Trash Enclosure
      
    Plan View
      
      Trash Enclosure Plan View
      
    Side Elevation
      
      
     
    ate Elevation
     
    Trash Enclosure Gate Elevation
     

    Effective on: 12/20/2022

    SECTION 3152 DESIGN STANDARDS FOR SHOPPING CART STORAGE

    The following applies to the City of Florence only.

    1. A.
      All shopping cart storage areas shall be clearly identified on any required Site Plan, major or minor.
    2. B.
      Shopping cart storage areas shall only be permitted in approved designated areas.
    3. C.
      Shopping cart storage areas shall not be located within any required off-street parking space or drive aisle, and shall not be located in areas that impedes pedestrian circulation.

    Effective on: 12/20/2022

    SECTION 3153 LOCATION OF ACCESSORY STRUCTURES OR USES

  • A.
    Accessory structures or uses, as defined in ARTICLE 40 of this order (ordinance), shall be placed in the side or rear yard only, but not the corner side yard, and shall be no closer than five (5) feet to any property line in all zoning districts (refer to SECTION 3122 for setbacks along freeway, expressway, arterial, or collector roads). Accessory structures or uses may be located in the front yard area or corner side yard area in Agricultural zones or for agricultural uses located in other districts provided the respective front yard or corner side yard setback is met. (THE FOLLOWING PASSAGE APPLIES TO UNINCORPORATED BOONE COUNTY ONLY). Roof structures that are open at the sides and/or partially enclosed structures that are used solely to house farmers marts may also be located in the front yard area or corner side yard area provided the respective front yard or corner side yard setback is met.
  • B.
    For the purposes of this section, fences are considered accessory structures and may not be located in the front yard or corner side yard (except as otherwise permitted under SECTION 3655 ). However, the five (5) foot setback requirement does not apply to fences located in the side or rear yards (refer to SECTION 3655 for fencing requirements). Retaining walls which are an integral part of a grade may be located in any yard and are not subject to setback requirements. Gas pumps, automatic teller machines, guard shacks, and photo service facilities are permitted in the front yard, but shall be located at a sufficient distance from the property line in order to have safe internal traffic flow as per the requirements of ARTICLE 32 and ARTICLE 33 and shall not be located in required landscape areas.
  • C.
    For lots in residential districts that are less than 20,000 square feet in area, except for land used for agricultural purposes, the following shall apply:
    1. 1.
      The combined area of all accessory structures on a lot, not including open, outdoor swimming pools or other non-roofed structures, shall not exceed fifty (50) percent of the gross floor area of the principal structure or seven hundred fifty (750) square feet, whichever is larger.
    2. 2.
      A maximum of three roof covered accessory structures are permitted.
    3. 3.
      Accessory structures shall not exceed the height of the principal structure.
  • D.
    Within any Commercial or Employment district within the City of Florence, accessory structures shall be constructed with the same material(s) as the principal structure.  If the principal structure is constructed of EIFS, then the enclosure structure shall be constructed with brick, stone, textured architectural grade block, or vinyl privacy fencing.
  • E.
    Within any Commercial or Employment district within the City of Florence, accessory structures shall not have any exposed trusses or beams and all eaves shall be enclosed.

    • Effective on: 12/20/2022

    SECTION 3154 OUTSIDE STORAGE, DISPLAY, AND LOADING AREAS

  • A.
    The purpose of this section is to regulate permanent or on-going outside storage, display, and/or loading areas in accordance with the following standards. Outside display of a temporary, seasonal, or occasional nature is regulated by ARTICLE 35.
    1. 1.
      Sales, leasing, or rental display areas for vehicles such as recreational vehicles, trucks, and automobiles, are considered to be parking areas by these regulations and are subject to all applicable site plan requirements for parking areas including landscaping requirements and the parking area requirements of ARTICLE 33.
    2. 2.
      Other outside storage, display, and loading areas are permitted only when listed as a permitted use in the applicable zoning district, provided such activities are an integral function of the principal use.
    3. 3.
      Outside storage, display, and loading areas shall be located in the side or rear yard only, except in Industrial districts where they may also be located in the front yard and corner side yard. Outside storage, display, and loading areas shall not be located within areas that are required to be landscaped per ARTICLE 36 (this paragraph applies to unincorporated Boone County and the cities of Walton and Union, except as provided in paragraph 5 of this Section for the City of Walton only).  Outside storage, display, and loading areas shall be located in the side or rear yard only.  Outside storage display, and loading areas shall not be located within areas that are required to be landscaped per ARTICLE 36 (this paragraph applies to the City of Florence only).
    4. 4.
      In all zoning districts where outside storage, display, and loading areas are permitted, except for Industrial districts, such areas shall be screened and enclosed with a wall structure constructed of decorative masonry (excluding plain faced concrete blocks), EFIS, stucco, or other material which is the same or compatible with the texture and color of the materials of the principal building, excluding metal siding, wood fencing, or any type of link or wire fencing regardless of whether or not slats are used. The solid wall enclosure structure shall be high enough to screen the materials or products which are kept within the enclosure, although the area of the walls that are above the height of the materials or products contained within the structure, and any gates, may be constructed of architectural grade metal or wrought iron type fencing (excludes metal siding, wood fencing, and any type of link or wire fencing or gates). The solid wall enclosure structure shall adjoin, and be attached to, the principal building on the site.
    5. 5.
      Notwithstanding any other provisions of this Section 3154, outside storage, display, and loading areas for corner lots within the C-2 district that have frontage on two local streets, are immediately adjacent to an Industrial district, and have a minimum lot area of six (6) acres may be located within the front, rear, side, and corner side yards, but not within any area required to be landscaped per ARTICLE 36.  In addition, outside storage, display, and loading may be located:  (1) along the front of a building, provided that it is in a marked area and does not interfere with pedestrian movement; and (2) along the edge of designated off-street parking areas.  All outside storage, display, and loading areas shall have no screening requirements except for those required along the perimeter of the lot (this paragraph applies to the City of Walton only).
    • Figure 31-14
    Outside Storage, Display, Loading Area Screening
     
     Mechanical and Loading Screning
     

    Effective on: 12/20/2022

    SECTION 3155 DRIVE-THROUGH FACILITIES

  • A.
    Drive-through facilities are permitted only when listed as a permitted use in the applicable zoning district and in accordance with the following standards.
    1. 1.
      Drive-through facilities must be incidental and subordinate to the principal use of the property.
    2. 2.
      The vehicular lane(s) serving a drive-through facility must be a minimum of ten (10) feet wide. This minimum ten (10) foot wide driving lane is for the exclusive use of the drive-through facility, and parking spaces cannot be situated so that vehicles must back into it.
    3. 3.
      Canopies, awnings, or other structural components which are part of drive-through operations shall be attached to the principal building and have a design which is integral with the principal building by using the same materials, colors, and design details or stylistic features.
    4. 4.
      Drive-through lanes, windows, canopies, or other structures, shall be located at the side or rear of the principal structure only and shall not directly adjoin street frontages which abut the front yard or corner side yard.
    5. 5.
      Intercoms or other audio devices used in conjunction with a drive-through facility shall not be audible beyond the property line of the lot containing the drive-through facility.
    6. 6.
      Signage for drive-through facilities shall conform to the requirements of ARTICLE 34.
    7. 7.
      A single stacking space shall have a minimum width of ten (10) feet and a minimum length of twenty (20) feet.
    8. 8.
      A stacking space does not include the space where the service is being conducted or the product is being dispensed.
    9. 9.
      Stacking spaces shall be provided as follows (these requirements shall be the minimum that must be provided and the required amount of stacking spaces may be increased based upon the peak hour trip generation information required per SECTION 3004):
      1. a.
        Car Wash, Automatic:  a minimum of three (3) stacking spaces per drive through lane.
      2. b.
        Car Wash, Self Serve:  a minimum of four (4) stacking spaces per bay.
      3. c.
        Eating and Drinking Establishment:  A minimum of four (4) stacking spaces, per drive through lane, prior to the menu board/ordering station, plus one (1) stacking space at the menu board/ordering station, plus a minimum of four (4) stacking spaces between the menu board/ordering station and the pick up window.
      4. d.
        Financial Services:  A minimum of four (4) stacking spaces per window, ATM, dispenser, or other service machine.
      5. e.
        Gasoline Filling Station:  A minimum of two (2) stacking spaces per fuel island.
      6. f.
        Uses not listed above:  A minimum of three (3) stacking spaces per drive through lane.
    10. 10.
      The zoning administrator may modify the requirements of subsection 9, based upon the submittal of a traffic/parking study.

    • Effective on: 12/20/2022

    SECTION 3156 PUBLIC RIGHT-OF-WAY

  • A.
    Nothing in these regulations shall permit the placement of any structure or use in any public right-of-way except publicly owned uses or structures and mailboxes which are of a break away type construction.

    • Effective on: 12/20/2022

    SECTION 3157 RECYCLING COLLECTION CONTAINERS

  • A.
    Dumpster style recycling collection containers for public use are permitted only when listed as an accessory use in the applicable zoning district and in accordance with the following standards.
    1. 1.
      One (1) recycling collection container may be located in any yard area, but shall not be located in any area that is required to be landscaped.
    2. 2.
      Recycling collection containers must be placed on a hard paved surface and located outside of driveways and required parking spaces.
    3. 3.
      Recycling collection containers must either be enclosed per the requirements of SECTION 3151 or kept in a clean, new appearing condition. Recycling collection containers which are not kept within an enclosure shall not have dents, any deformation to the outside painted surface, any dirt or residue on the outside surface, graffiti, etc.
    4. 4.
      If two (2) or three (3) recycling collection containers are kept on a site, all containers shall be kept within a common enclosure that conforms to the requirements of SECTION 3151. The common enclosure for multiple containers shall not be located in any area that is required to be landscaped, nor shall it be located in front yard or corner side yard areas. No more than three (3) containers may be kept on a single site.
    5. 5.
      Each recycling collection container shall be limited in size to ten (10) cubic yards and shall have a lid.
    6. 6.
      Recycling collection containers for private, on-site use only are considered trash and/or garbage collection areas and are subject to the requirements of SECTION 3151.

    • Effective on: 12/20/2022

    SECTION 3158 REQUIRED FENCING BETWEEN RESIDENTIAL DEVELOPMENTS AND AGRICULTURAL USES

  • A.
    Development in all residential districts except for the RSE district, that is subject to either the Major Division of Land procedure per the BOONE COUNTY SUBDIVISION REGULATIONS or Site Plan Review per ARTICLE 30 of these regulations, shall provide a minimum four (4) foot high fence along the common boundary with an active agricultural operation or if the adjoining property is currently zoned A-1 or A-2, an active agricultural operation for the purposes of this section includes the raising of livestock or annual crops on at least ten (10) contiguous acres. This fencing shall be placed on the developing property and shown within an easement on the Final Plat if the development will be subdivided. The fencing may be placed on the property of the active agricultural operation by agreement with the property owner. Maintenance of the fence shall be the responsibility of the owner(s) of the property(ies) where the fence is located unless assigned to a specific party or entity such as a Homeowner’s Association. The fencing material shall minimally be stock wire, although chain link, rail fencing with wire inserts, picket fencing, solid privacy fencing, and comparable materials are also acceptable. The finished side of this fencing may face towards the developing property. The fencing required by this section may be waived or an alternative fencing height proposed. Materials or fence location may be altered or the acceptance of an existing fence, upon agreement of all affected property owners.

    • Effective on: 12/20/2022

    SECTION 3159 PATIO HOME STANDARDS

  • A.
    Patio homes are permitted only when listed as a permitted use in the applicable zoning district and in accordance with the following standards.
    1. 1.
      A patio home may not exceed two (2) stories above finished floor level.
    2. 2.
      Patio homes shall be oriented so that the side facades are proportionally longer than the front and rear facades. This requirement may be modified or waived when it is impractical due to physical limitations inherent in the site such as topography or shape of the development’s parent tract.
    3. 3.
      A uniform architectural program which must be followed by all patio homes within the same development shall be submitted and approved at the Preliminary Plat stage. The program shall include standards for consistent building massing, roof design, materials, and colors.

    • Effective on: 12/20/2022

    SECTION 3160 RESIDENTIAL TOWNHOUSE AND MULTI-FAMILY DESIGN STANDARDS

  • A.
    Intent
    1. 1.
      The purpose of this section is to provide a succinct and consolidated statement of the intensity, height, and setback requirements governing the development of townhouses and multi-family dwellings permitted in the various zone districts as provided in this order. In addition to the following standards, all townhouse and multi-family developments shall be designed in accordance with sound engineering principles particularly with regard to vehicular access, interior site circulation, and surface drainage. In addition, the development of townhouse and multi-family dwellings must comply with ARTICLE 30 Site Plan Review.
  • B.
    Design Standards For Multi-Family Development (Applies to the City of Florence only)
    1. 1.
      The exterior of each structure, excluding the roof and fascia, shall utilize a minimum of three (3) different building materials.
    2. 2.
      Each building façade shall include a minimum of two (2) distinct colors.
    3. 3.
      For every one hundred twenty (120) feet of facade length, there shall be a plane break along the façade comprised of a minimum five (5) feet in depth by twenty-five (25) feet in length, which shall be from grade to the highest story.
    4. 4.
      Facades of a multi-family residential development facing a public street shall incorporate wall offsets, in the form of projections or recesses in the facade plane, spaced no more than thirty (30) feet apart.  Such wall offsets shall have a minimum depth of two (2) feet that extend from grade to the highest story of the building.
    5. 5.
      Facades of a multi-family residential development facing a private street shall incorporate wall offsets, in the form of projections or recesses in the facade plane, spaced no more than one hundred (100) feet apart.  Such wall offsets shall have a minimum of five (5) feet by twenty-five (25) feet in length that extends from grade to the highest story of the building.
    6. 6.
      Compound shaped buildings comprised of building wings including, but not limited to, ‘L’, ‘T’, ‘U’, or ‘E’ shaped plans shall be articulated into a series of smaller, simple, discrete volumes. Articulation must include a minimum six (6) foot by six (6) foot recess at the intersection of two discrete volumes, accompanied by a minimum five (5) foot difference in height between the roof of each building wing and the recessed portion of the building.
    7. 7.
      Horizontal eaves longer than forty (40) feet shall be broken up by gables, building projections, or other articulation.
    8. 8.
      Where the side façade at the end of a building is oriented to a street, driveway, or common open space area, massing and level of detailing of the side façade shall be consistent with the front façade. Architectural treatments shall be provided which wrap around the side of the building.
    9. 9.
      All principal structures shall consist of a minimum of fifty (50) percent brick or stone. EIFS and Vinyl siding are prohibited.
    10. 10.
      All roofs shall have a minimum six (6) inch fascia.
    11. 11.
      Roof Design Standards:
      1. a.
        Pitched roofs shall have a minimum six (6) inch fascia.
      2. b.
        Pitched roofs shall have a minimum six/twelve (6/12) pitch over eighty (80) percent of the roof area, with no pitch flatter than four and one-half /twelve (4.5/12).
      3. c.
        Flat roofs shall be concealed by parapet walls that extend at least three (3) feet above the roof level and have three-dimensional cornice treatments that project at least eight (8) inches outward from the parapet facade plane.
      4. d.
        Alternative roof forms or pitches may be allowed for small roof sections over porches, entryways, or similar features.
    12. 12.
      Any development that includes a multi-family structure shall include recreational amenities primarily for the use of the residents of the development. Amenities may include swimming pools, sports courts, spas, barbecue and picnic facilities, or other features as approved by the Zoning Administrator.
    13. 13.
      Building entry points shall be articulated with one (1) of the following:
      1. a.
        Open space, plaza, or courtyard.
      2. b.
        Special paving.
      3. c.
        Seating.
      4. d.
        Functional accent lighting.
      5. e.
        Porches.
    14. 14.
      Where possible, driveways and garage doors shall not face the adjacent public street.

    • Effective on: 12/20/2022

    SECTION 3161 DESIGN STANDARDS BY ZONE DISTRICT

  • A.
    SR-2: Townhouses may be developed at a density not to exceed eight (8) dwelling units per acre. No building shall exceed forty-five (45) feet in height. Detached single family dwellings, duplexes, and patio houses shall follow the dimensional standards outlined in Table 31-1. All townhouse structures shall maintain a thirty (30) foot front yard setback, thirty (30) foot rear yard setback, and a minimum five (5) foot side yard setback with a combined total of both side yard setbacks being at least fifteen (15) feet. All townhouse and accessory structures must maintain a minimum thirty (30) foot setback from all property lines of adjacent property not included as part of the townhouse development as approved.
  • B.
    SR-3: Townhouses and multi-family structures may be developed at a density not to exceed eight (8) dwelling units per acre. No building shall exceed forty-five (45) feet in height. Detached single family dwellings, duplexes, and patio houses shall follow the dimensional standards outlined in Table 31-1. All townhouse structures and multi-family structures shall maintain a twenty-five (25) foot front yard setback, twenty-five (25) foot rear yard setback, and a minimum five (5) foot side yard setback with a combined total of both side yard setbacks being at least fifteen (15) feet. All townhouse and accessory structures must maintain a minimum thirty (30) foot setback from all property lines of adjacent property not included as part of the townhouse or multi-family development as approved.
  • C.
    UR-1: Townhouses and multi-family dwellings may be developed at a density not to exceed twelve (12) dwelling units per acre. No building shall exceed forty-five (45) feet in height. Detached single family dwellings, duplexes, and patio houses shall follow the dimensional standards outlined in Table 31-1. All townhouse and multi-family structures shall maintain a thirty (30) foot front yard setback, thirty (30) foot rear yard setback, and a minimum five (5) foot side yard setback with a combined total of both side yard setbacks being at least fifteen (15) feet. All townhouses, multi-family, or accessory structures must maintain a minimum thirty (30) foot setback from all property lines of adjacent property not included as part of the townhouse or multi-family development as approved.
  • D.
    UR-2: Townhouses and multi-family dwellings may be developed at a density not to exceed twenty (20) dwelling units per acre. No building shall exceed sixty (60) feet in height. Detached single family dwellings, duplexes, and patio houses shall follow the dimensional standards outlined in Table 31-1. All townhouse and multi-family structures shall maintain a twenty (20) foot front yard setback, twenty (20) foot rear yard setback, and a minimum five (5) foot side yard setback with a combined total of both side yard setbacks being at least ten (10) feet. All townhouse, multi-family, or accessory structures shall maintain a twenty (20) foot setback from all property lines of adjacent property not included as part of the townhouse or multi-family development as approved.
  • E.
    UR-3: Townhouses and multi-family dwellings may be developed at a density not to exceed thirty (30) dwelling units per acre. No building shall exceed seventy (70) feet in height. Detached single family dwellings, duplexes, and patio houses shall follow the dimensional standards outlined in Table 31-1. All townhouse and multi-family structures shall maintain a twenty (20) foot front yard setback, twenty (20) foot rear yard setback, and a minimum five (5) foot side yard setback with a combined total of both side yard setbacks being at least ten (10) feet. All townhouse, multi-family and accessory structures must maintain a fifteen (15) foot setback from all property lines of adjacent property not included as part of the townhouse or multi-family development as approved.
  • F.
    Setbacks Along Residential Condominium Streets: All structures along Residential Condominium Streets as defined in the BOONE COUNTY SUBDIVISION REGULATIONS, regardless of district, shall maintain a minimum fifteen (15) foot front yard setback and ten (10) foot corner side yard setback. The front yard and corner side yard along Residential Condominium Streets shall be increased to twenty (20) feet where a driveway or parking pad is located between the building and street.
  • G.
    Landominiums: The applicable density/intensity, setback, parking, landscaping, and other requirements outlined in these regulations shall be applied to the overall project site for landominium developments, versus individual buildings or lots within the overall project site. There is no required minimum lot size or lot frontage for individual lots or building sites within a multi-building/multi-lot landominium development.

    • Effective on: 12/20/2022

    SECTION 3162 HILLSIDE DEVELOPMENT GUIDELINES

  • A.
    The purpose of these environmental standards is to guide the development of hillside sites so that this development is compatible with the environment and to protect those characteristics of the environment that have significant public value and which are vulnerable to damage by development. These standards are intended to protect the public and property owners from unsafe buildings or unstable land which would be caused by uncontrolled development, from significant damage or destruction of prominent hillsides and/or valleys caused by improper development, from significant damage to the economic value and efficiency of operation of existing properties and/or new developments due to the interdependence of their visual and functional relationships, from soil erosion and stream siltation, and from the destruction of mature and/or valuable trees and other vegetation.
  • B.
    Hillsides where these standards apply have the following characteristics:
    1. 1.
      Slopes of twenty (20) percent or greater; and,
    2. 2.
      Soil types identified in the Boone County Comprehensive Plan or Soil Survey of Boone, Campbell, and Kenton Counties as having development limitations.
  • C.
    These hillsides may also have the following characteristics:
    1. 1.
      Existence of geologic formations which limit development.
    2. 2.
      Prominent hillsides which are readily viewable from a public thoroughfare from a significant historical site, from an established or planned nature preserve or park, or from an established small community district.
    3. 3.
      Hillsides which provide views of a major stream or valley.
    4. 4.
      Hillsides which function as community separators, or boundaries by their location or vegetation.
    5. 5.
      Hillsides which support a substantial natural wooded cover.
  • D.
    The Boone County Planning Commission and prospective developers should utilize the following development guidelines for the construction of any type of structure on hillsides. The Planning Commission shall use these guidelines as general parameters for reviewing applicable development proposals subject to major subdivision, site plan, and zoning map amendment, or concept development plan reviews.
    1. 1.
      Use irregular architectural edges to inter-lock buildings with hillside vegetation. Emphasize attachment with planting which overlaps building edges, especially at the foundation.
    2. 2.
      Cluster new development, retaining surrounding tree cover and minimizing changes in topography.
    3. 3.
      Match scale of buildings to scale of terrain.
    4. 4.
      Retain the natural slope lines as seen in profile. Restore the vegetation lines which convey the slope lines.
    5. 5.
      Plan buildings to fit into hillside rather than altering the hillside to fit the buildings.
    6. 6.
      Maintain a clear sense of the hillside brow by sitting buildings back from it.
    7. 7.
      Maintain the natural appearance of the brow by retaining existing trees, planting new indigenous trees, and other landscape measures.
    8. 8.
      Stagger or step building units according to the topography.
    9. 9.
      Use narrow lanes, one-way streets and split-level roads to avoid excessive earth moving. Locate roadway stream crossings where grading is minimized.
    10. 10.
      Site buildings not only to provide views, but also to provide a variety of community and private viewing places.
    11. 11.
      Plan buildings, drives, and parking areas to acknowledge the natural contour line of the site.
    12. 12.
      Meet large parking requirements with multiple small parking areas and screen with planting, beams, and terraces.
    13. 13.
      Respect the site's conditions of steepness, soil, bedrock, and hydrology so as to insure hillside stability both during and after development. Utilize erosion control measures during and after grading activity.
    14. 14.
      Replant all cuts, fills, and any other earth modification.
    15. 15.
      Respect and retain natural site features such as streams, slopes, ridge lines, wildlife habitat, plant communities, and trees.
    16. 16.
      Employ sufficient, and in some cases additional, stormwater runoff systems that control the amount and rate of flow of stormwater leaving the post-development site that could affect adjacent steep slopes. Use natural drainage courses wherever possible.
    17. 17.
      Clearly designate disturbed limits on the plan and in the field before site work begins.
  • E.
    Additional guidelines are optional at the discretion of the developer and are considered to be advisory. These additional guidelines are listed in Development Guidelines for Greater Cincinnati Hillsides.

    • Effective on: 12/20/2022

    SECTION 3163 REGULATIONS FOR DATA CENTERS

  • A.
    In addition to any other regulation contained herein, all data centers shall meet the following requirements:
    1. 1.
      All operations shall be conducted in a completely enclosed building.
    2. 2.
      All equipment necessary for cooling, ventilation, or otherwise operating the facility, including power generators and emergency power supply equipment, shall be contained within the enclosed building where the use is located.
    3. 3.
      Any electric wiring shall be located underground, except where such wiring is brought together for interconnection to system components and/or the local utility power grid.
    4. 4.
      The sound level allowed at the site boundary shall not exceed eighty (80) decibels.
    5. 5.
      The use of cargo containers, railroad cars, semi-truck trailers, and other similar storage containers shall be prohibited.

    • Effective on: 12/20/2022

    SECTION 3166 CEMETERIES

  • A.
    An applicant, property owner or developer has the option either to (1) relocate an existing private family cemetery or (2) preserve such a cemetery on site and develop around it.
  • B.
    When relocating a private family cemetery, an applicant, property owner, or developer, shall be required to follow applicable local and state laws, which include KRS 381.720 through KRS 381.750.  Under KRS 381.755, only the Boone County Fiscal Court has the authority to declare a cemetery abandoned in unincorporated Boone County, which is required prior to relocation.  An applicant is not required to appear before the Boone County Historic Preservation Board.  However, with cemetery relocation or the relocation of graves, the Boone County Historic Preservation Board shall be notified in writing by the property owner or developer by supplying to the Board copies of applications and permits during the relocation procedure.  The Historic Preservation Review Board has additional online resources for family cemeteries in Boone County, including recommended guidelines for relocation.
  • C.
    When preserving a cemetery on site, while at the same time developing a parcel, an applicant, property owner or developer has the following options:
    1. 1.
      Transfer the existing cemetery as part of a buildable lot: Ownership and maintenance of the cemetery would be transferred to the individual lot owner.
    2. 2.
      Make the existing cemetery a separate lot: Ownership and maintenance of the cemetery would be transferred by written agreement to either a subdivision Homeowners Association, the developer of the subdivision, a local legislative unit, or other suitable organization such as an historical society, church, or non-profit dedicated to cemetery preservation.
  • D.
    If a private family cemetery exists on a parcel of land and the exact location of graves is unknown, a developer or property owner shall follow the procedures below. Specifically, these requirements shall be followed if a developer or property owner wishes to preserve an existing cemetery, while at the same time subdivide their property. These regulations mentioned below apply only to private family cemeteries and not to active cemeteries maintained and administered by an existing cemetery board, sexton, church, or other formal organization. Any waiver of these regulations is permitted under the authority of the Zoning Administrator.
    1. 1.
      Thirty (30) Foot Buffer.  No construction or disturbance of any type shall occur within thirty (30) feet of an existing private family cemetery regardless of adjoining property lines or land ownership. The 30 foot building limitation is an exclusive cemetery easement.  The thirty (30) foot easement is required regardless of whether the cemetery is: (1) part of a building lot and is being conveyed as a separate lot; or (2) may result in combining lots or making larger lots in the area where the cemetery is located.
    2. 2.
      Boundary and Documentation. Cemetery boundaries shall be determined by an applicant's professional archaeologist from the list of archaeologists approved by the Kentucky Heritage Council. The Boone County Historic Preservation Review Board shall review the work and information of the archaeologist. The archaeologist shall be responsible for determining the approximate boundaries of the cemetery and providing information on the history of the cemetery. The Boone County Historic Preservation Review Board may monitor the field work of the archaeologist and will review the final report, which must include:
      1. a.
        Map(s) portraying the location and orientation of graves within the cemetery.
      2. b.
        Map(s) depicting the location and orientation of the cemetery relative to the site and recognized landmarks such as public roads or benchmarks visible on a USGS map.
      3. c.
        Description of field and archival methods and results used to document the cemetery, including any genealogical information gathered in the process.
      4. d.
        In addition to digital files, printed copies of the final report shall be submitted to the Boone County Historic Preservation Review Board (1 copy) and Boone County Planning Commission (1 copy).
      5. e.
        The cemetery name, location, boundary, fence, thirty (30) foot Buffer and pedestrian access (see #6 below) shall be specified on plans submitted to the Boone County Planning Commission.  A statement regarding future ownership and maintenance shall also be made on the site plan or subdivision plan.
    3. 3.
      Fences and Walls.  Existing cemetery fences and walls shall be repaired and maintained prior to any other site work or disturbance.  If there is no existing fence or wall,  the property owner or developer is required to erect a new permanent fence (if one does not exist) surrounding the cemetery. The new permanent fence shall be made of a material which is compatible with the material of the proposed new structure(s) (e.g. stone fence, brick fence and wooden picket fence) and should also fit in with the character of the existing cemetery and surrounding residences or buildings. If a portion of an original fence or wall remains, and it is a compatible material (as above, and including cast iron fencing), the permanent fence or wall shall be properly repaired using the same material. If the existing fence is an inappropriate material (e.g. chain link fence, barbed wire fence, or farm fence), it shall be replaced with a new fence made of an appropriate material. Although the permanent fence must be erected as soon as practical, a temporary fence (e.g., orange snow fencing, wire fence) must be erected and maintained at all times during site development and construction.
    4. 4.
      Maintenance.  Weeds shall be removed from a cemetery on a routine basis during both site development and after construction is completed.  Grass shall be mowed on a routine basis.  All ironwork and stonework shall be inspected for damage. Repairs shall be made by the owner of the property.  Other planting or foliage shall be pruned and be generally left in its natural state.  All other debris or trash shall be removed from the cemetery during both site development and after construction is completed.
    5. 5.
      Recording Requirements.  A Certificate of Land Use Restriction and a deed restriction shall be recorded in the Boone County Clerk's office acknowledging the location, size, ownership, and permanent maintenance responsibility of a cemetery. This information shall also be recorded on a Final Plat for a subdivision if not yet recorded.
    6. 6.
      Access.  Public access shall be provided to the existing cemetery with a minimum five (5) foot recorded ingress-egress pedestrian access easement which connects to a public or private street.
    7. 7.
      Signage. If no sign or marker exists for the cemetery, a metal sign which displays the name and date(s) of the cemetery shall be installed. This sign shall have a maximum area of six (6) square feet and a maximum height of five (5) feet.

    • Effective on: 12/20/2022

    SECTION 3168 STORM WATER MANAGEMENT, DRAINAGE, AND LOT GRADING

  • A.
    Refer to current BOONE COUNTY SUBDIVISION REGULATIONS.

    • Effective on: 12/20/2022

    SECTION 3170 BASIC DESIGN CRITERIA FOR A STORM DRAINAGE SYSTEM

  • A.
    Refer to current BOONE COUNTY SUBDIVISION REGULATIONS.

    • Effective on: 12/20/2022

    SECTION 3172 BASIC DESIGN CRITERIA FOR STORM WATER DRAINAGE CHANNELS, WATER COURSES, AND EROSION CONTROL

  • A.
    Refer to current BOONE COUNTY SUBDIVISION REGULATIONS.

    • Effective on: 12/20/2022

    SECTION 3174 BASIC DESIGN CRITERIA FOR STORM WATER RUNOFF CONTROL FACILITIES

  • A.
    Refer to current BOONE COUNTY SUBDIVISION REGULATIONS.

    • Effective on: 12/20/2022

    SECTION 3176 DETENTION BASIN STANDARDS AND SPECIFICATIONS

  • A.
    Refer to current BOONE COUNTY SUBDIVISION REGULATIONS.

    • Effective on: 12/20/2022

    SECTION 3180 RESIDENTIAL LOT GRADING AND DRAINAGE

  • A.
    Refer to current BOONE COUNTY SUBDIVISION REGULATIONS.

    • Effective on: 12/20/2022

    SECTION 3182 MAINTENANCE OF RETENTION/DETENTION AREAS

  • A.
    Refer to current BOONE COUNTY SUBDIVISION REGULATIONS.

    • Effective on: 12/20/2022

    SECTION 3184 STORM WATER QUALITY BMP SIZING REQUIREMENTS

  • A.
    Refer to current BOONE COUNTY SUBDIVISION REGULATIONS.

    • Effective on: 12/20/2022

    SECTION 3186 FLOOD HAZARDS

  • A.
    No development shall occur which is not in conformance with local flood protection control regulations adopted pursuant to the U.S. Department of Housing and Urban Development Federal Flood Insurance Program.

    • Effective on: 12/20/2022

    SECTION 3188 WATER SUPPLY AND SEWAGE DISPOSAL

  • A.
    No use, building, or structure shall be conducted or constructed without the infrastructure to insure that sufficient water supply and sewage disposal capacity is available to meet the needs of the particular site's users and to protect the environment.

    • Effective on: 12/20/2022

    SECTION 3190 SOIL EROSION AND SLOPE CONTROL

  • A.
    Refer to current BOONE COUNTY SUBDIVISION REGULATIONS.

    • Effective on: 12/20/2022

    SECTION 3191 STANDARDS FOR SHORT TERM RENTALS (APPLIES TO UNINCORPORATED BOONE COUNTY AND THE CITY OF FLORENCE ONLY)

  • A.
    Except as provided for in ARTICLE 34, there shall be no external on-site or off-site advertising signs or displays indicating the property is a short term rental.
  • B.
    Short term rentals shall not be allowed in any area not considered a primary dwelling (i.e., recreational vehicles, tents, garages, boats, etc.).
  • C.
    There shall be no more than two (2) adult guests per bedroom, plus no more than two (2) additional adult guests, except for the following:
    1. 1.
      There shall be a maximum occupancy of ten (10) persons, adult or children.
    2. 2.
      Bedrooms under one hundred twenty (120) square feet shall be limited to only one (1) adult occupant.
  • D.
    Parking requirements shall be as follows:
    1. 1.
      When the short term rental is located in a portion of the dwelling unit, two (2) parking spaces shall be provided for the residence and  a minimum of one (1) parking space shall be provided per guest room or suite.
    2. 2.
      When the short term rental is located within the entire dwelling unit, a minimum of one (1) parking space shall be provided per guest room or suite.
    3. 3.
      All parking for a short term rental, whether required by these regulations or in excess of these regulations, shall be provided off-street.
  • E.
    Any advertisement of the property as a short term rental and all rental contracts must contain language that specifies the allowed maximum number of occupants and maximum number of vehicles.
  • F.
    The property on which the short term rental is to be located shall not be located closer than 1,000 feet, measured in a straight line from the nearest property line to the nearest property line of any other approved short term rental.  Such permits shall be given on a first come, first serve basis.
  • G.
    When located in a residential district, a short term rental shall use the existing, main building entrance for access and the construction of additional exterior ingress/egress doorways shall be prohibited.  Access to individual guest rooms or suites shall be from the interior of the structure.
  • H.
    It shall be unlawful:
    1. 1.
      To operate, or to allow to be operated, a short term rental without first obtaining a Permit for the property in which the rental is to occur with the City in accordance with Ordinance Number O-20-20. (Applies to the City of Florence Only)
    2. 2.
      To operate, or to allow to be operated, a short term rental without first obtaining a Permit for the property in which the rental is to occur with the Boone County Fiscal Court. (Applies to Unincorporated Boone County Only)
    3. 3.
      To advertise or offer a short term rental without first registering the property in which the short term rental is to occur with the City in accordance with Ordinance Number O-20-20. Documented advertising of the subject property as a short term rental, online or offline, shall be considered evidence of a violation of this regulation. (Applies to the City of Florence Only)
    4. 4.
      To advertise or offer a short term rental without first registering the property in which the rental is to occur with the Boone County Fiscal Court.  Documented advertisement of the subject property as a short term rental, online or offline, shall be considered evidence of a violation of this regulation. (Applies to Unincorporated Boone County Only)
    5. 5.
      To operate a short term rental that does not comply with all applicable city, county, and state laws and codes.
    6. 6.
      To operate a short term rental without paying the required hotel occupancy taxes.
    7. 7.
      To offer or allow the use of a short term rental in a manner which violates the City Noise Ordinance (O-16-95). (Applies to the City of Florence Only)
    8. 8.
      To fail to include a written prohibition against the use of a short term rental for having a party in every advertisement, listing, or other publication offering the premises for rent.
    9. 9.
      Permit the use of the short term rental for any illegal purposes or any use not permitted by the residential zoning regulations.
  • I.
    Depending on the scope of improvements, a Zoning Permit or Tenant Finish Permit per ARTICLE 4, or a Minor Site Plan or Major Site Plan per ARTICLE 30, shall be submitted to and approved by the Planning Commission prior to constructing any improvements and operating a short term rental.

    • Effective on: 12/20/2022

    SECTION 3192 AIRPORT NOISE CONTOUR - SOUND INSULATION

  • A.
    Airport Noise Contours are adopted by the Kenton County Airport Board in order to identify:
    1. 1.
      Existing and future non-compatible land uses based on airport operation and off-airport land uses, which have generated the need to develop a Noise Compatibility Program (NCP).
    2. 2.
      Changes in non-compatible uses to be derived from proposed NCP measures.
  • B.
    Airport Noise Contours are established in a specific geographic area of the County where consideration of the relationship between land use and airport generated noise is recommended. Airport Noise Levels are defined to encompass areas generally within a "Yearly Day-Night Average Sound Levels," (DNL) value of 65 or higher based upon current or projected aircraft operations while utilizing existing or planned facilities at the Cincinnati-Northern Kentucky International Airport.

    • Section 3198 STANDARDS RELATED TO A SEXUALLY ORIENTED BUSINESS PURPOSE, FINDINGS, AND RATIONALE RELATED TO SEXUALLY ORIENTED BUSINESSES

  • A.
    Purpose: It is a purpose of these Zoning Regulations to regulate sexually oriented businesses in order to promote the health, safety, and general welfare of the citizens of Boone County, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the county. The provisions of these regulations have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of these regulations to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of these regulations to condone or legitimize the distribution of obscene material.
  • B.
    Findings and Rationale: Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the Boone County Fiscal Court and to the legislative bodies of Florence, Walton, and Union, and on findings, interpretations, and narrowing constructions incorporated in the cases of City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); City of Erie v. Pap’s A.M., 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972); N.Y. State Liquor Authority v. Bellanca, 452 U.S. 714 (1981); Sewell v. Georgia, 435 U.S. 982 (1978); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); City of Dallas v. Stanglin, 490 U.S. 19 (1989); and 600 Marshall Entm’t Concepts, LLC v. City of Memphis, 705 F.3d 576 (6th Cir. 2013); Big Dipper Entm’t, LLC v. City of Warren, 641 F.3d 715 (6th Cir. 2011); East Brooks Books, Inc. v. Shelby County, 588 F.3d 360 (6th Cir. 2009); Entm’t Prods., Inc. v. Shelby County, 588 F.3d 372 (6th Cir. 2009); Richland Bookmart, Inc. v. Knox County, 555 F.3d 512 (6th Cir. 2009); Sensations, Inc. v. City of Grand Rapids, 526 F.3d 291 (6th Cir. 2008); 729, Inc. v. Kenton County Fiscal Court, 515 F.3d 485 (6th Cir. 2008); Deja Vu of Nashville, Inc. v. Metropolitan Gov’t of Nashville and Davidson County, 466 F.3d 391 (6th Cir. 2006); Deja Vu of Cincinnati, L.L.C. v. Union Township Bd. Of Trustees, 411 F.3d 777 (6th Cir. 2005) (en banc); Bronco’s Entm’t, Ltd. v. Charter Twp. of Van Buren, 421 F.3d 407 (6th Cir. 2005); Little Mack Entm’t II, Inc. v. Twp. of Marengo, 2008 W L 2783252 (W.D. Mich. July 17, 2008); Richland Bookmart, Inc. v. Nichols, 137 F.3d 435 (6th Cir. 1998); 84 Video/Newsstand, Inc. v. Sartini, 2011 W L 3904097 (6th Cir. Sept. 7, 2011); Big Dipper Entm’t, LLC v. City of Warren, 658 F. Supp. 2d 831 (E.D. Mich. 2009); Kentucky Restaurant Concepts, Inc. v. City of Louisville and Jefferson County, 209 F. Supp. 2d 672 (W.D. Ky. 2002); Restaurant Ventures of Lexington-Fayette Urban County Gov’t, 60 S.W. 3d 572 (Ct. App. Ky. 2001); Mr. B’s Bar & Lounge, Inc. v. Louisville, 630 S.W.2d 564 (Ct. App. Ky. 1981); Commonwealth v. Jameson, 215 S.W.3d 9 (Ky. 2007); LM Entm’t, Inc. v. City of Mt. Sterling, 2009 W L 1974549 (Ky. Ct. App. July 10, 2009); Imaginary Images, Inc. v. Evans, 612 F.3d 736 (4th Cir. 2010); LLEH, Inc. v. Wichita County, 289 F.3d 358 (5th Cir. 2002); Ocello v. Koster, 354 S.W.3d 187 (Mo. 2011); Plaza Group Properties, LLC v. Spencer County Plan Commission, 877 N.E.2d 877 (Ind. Ct. App. 2007); Flanigan’s Enters., Inc. v. Fulton County, 596 F.3d 1265 (11th Cir. 2010); World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Ben’s Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); Peek-a-Boo Lounge v. Manatee County, 630 F.3d 1346 (11th Cir. 2011); Daytona Grand, Inc. v. City of Daytona Beach, 490 F.3d 860 (11th Cir. 2007); Heideman v. South Salt Lake City, 348 F.3d 1182 (10th Cir. 2003); Williams v. Morgan, 478 F.3d 1316 (11th Cir. 2007); Jacksonville Property Rights Ass’n, Inc. v. City of Jacksonville, 635 F.3d 1266 (11th Cir. 2011); H&A Land Corp. v. City of Kennedale, 480 F.3d 336 (5th Cir. 2007); Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995); Fantasy Ranch, Inc. v. City of Arlington, 459 F.3d 546 (5th Cir. 2006); Illinois One News, Inc. v. City of Marshall, 477 F.3d 461 (7th Cir. 2007); G.M. Enterprises, Inc. v. Town of St. Joseph, 350 F.3d 631 (7th Cir. 2003); Bigg Wolf Discount Video Movie Sales, Inc. v. Montgomery County, 256 F. Supp. 2d 385 (D. Md. 2003); Spokane Arcade, Inc. v. City of Spokane, 75 F.3d 663 (9th Cir. 1996); DCR, Inc. v. Pierce County, 964 P.2d 380 (W ash. Ct. App. 1998); City of New York v. Hommes, 724 N.E.2d 368 (N.Y. 1999); Taylor v. State, No. 01-01-00505-CR, 2002 W L 1722154 (Tex. App. July 25, 2002); Fantasyland Video, Inc. v. County of San Diego, 505 F.3d 996 (9th Cir. 2007); Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005); Z.J. Gifts D-4, L.L.C. v. City of Littleton, Civil Action No. 99-N-1696, Memorandum Decision and Order (D. Colo. March 31, 2001); People ex rel. Deters v. The Lion’s Den, Inc., Case No. 04-CH-26, Modified Permanent Injunction Order (Ill. Fourth Judicial Circuit, Effingham County, July 13, 2005); Reliable Consultants, Inc. v. City of Kennedale, No. 4:05-CV-166-A, Findings of Fact and Conclusions of Law (N.D. Tex. May 26, 2005); and based upon reports concerning secondary effects occurring in and around sexually oriented businesses, including, but not limited to, “Correlates of Current Transactional Sex among A Sample of Female Exotic Dancers in Baltimore, MD,” Journal of Urban Health (2011); “Does the Presence of Sexually Oriented Businesses Relate to Increased Levels of Crime?” Crime & Delinquency (2012) (Louisville, KY); Metropolis, Illinois – 2011-12; Manatee County, Florida – 2007; Hillsborough County, Florida – 2006; Clarksville, Indiana – 2009; El Paso, Texas – 2008; Memphis, Tennessee – 2006; New Albany, Indiana – 2009; Louisville, Kentucky – 2004; Fulton County, GA – 2001; Chattanooga, Tennessee – 1999-2003; Jackson County, Missouri – 2008; Ft. Worth, Texas – 2004; Kennedale, Texas – 2005; Greensboro, North Carolina – 2003; Dallas, Texas – 1997; Houston, Texas – 1997, 1983; Phoenix, Arizona – 1995-98, 1979; Tucson, Arizona – 1990; Spokane, Washington – 2001; St. Cloud, Minnesota – 1994; Austin, Texas – 1986; Indianapolis, Indiana – 1984; Garden Grove, California – 1991; Los Angeles, California – 1977; Whittier, California – 1978; Oklahoma City, Oklahoma – 1986; New York, New York Times Square – 1994; the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota); Dallas, Texas – 2007; “Rural Hotspots: The Case of Adult Businesses,” 19 Criminal Justice Policy Review 153 (2008); “Stripclubs According to Strippers: Exposing Workplace Sexual Violence,” by Kelly Holsopple, Program Director, Freedom and Justice Center for Prostitution Resources, Minneapolis, Minnesota; “Sexually Oriented Businesses: an Insider’s View,” by David Sherman, presented to the Michigan House Committee on Ethics and Constitutional Law, Jan. 12, 2000; Sex Store Statistics and Articles; and Law Enforcement and Private Investigator Affidavits (Adult Cabarets in Forest Park, GA and Sandy Springs, GA), the Boone County Fiscal Court and the legislative bodies of Florence, Walton, and Union find:
    1. 1.
      Sexually oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, urban blight, litter, and sexual assault and exploitation. Alcohol consumption impairs judgment and lowers inhibitions, thereby increasing the risk of adverse secondary effects.
    2. 2.
      Sexually oriented businesses should be separated from sensitive land uses to minimize the impact of their secondary effects upon such uses, and should be separated from other sexually oriented businesses, to minimize the secondary effects associated with such uses and to prevent an unnecessary concentration of sexually oriented businesses in one area.
    3. 3.
      Each of the foregoing negative secondary effects constitutes a harm which the Fiscal Court and the municipal legislative bodies have a substantial government interest in preventing and/or abating. This substantial government interest in preventing secondary effects is the rationale for these regulations. Additionally, the interest in regulating sexually oriented businesses extends to preventing future secondary effects of either current or future sexually oriented businesses that may locate in Boone County. The Fiscal Court and the municipal legislative bodies find that the cases and documentation relied on in this section are reasonably believed to be relevant to said secondary effects.
    4. 4.
      The Boone County Fiscal Court and the legislative bodies of Florence, Walton, and Union hereby adopt and incorporate herein their stated findings and legislative record related to the adverse secondary effects of sexually oriented businesses, including the judicial opinions and reports related to such secondary effects.
  • C.
    Standards Related to A Sexually Oriented Business
    1. 1.
      Separation of Uses and Distance - No sexually oriented business (as defined in ARTICLE 40) shall be located within 1,000 feet of any parcel of land or building used or occupied as a residence, government building or community facility, day care center, church, hospital, library, a business which serves alcoholic beverages and has a local/state liquor license, public and private parks, recreation center, interstate interchange (including the rights of way associated therewith), public or private school principally attended by students eighteen (18) years of age or younger, or a senior center.  In addition, no Sexually Oriented Business (as defined in ARTICLE 40) shall be located within 1,000 feet of any other Sexually Oriented Business (as defined in ARTICLE 40) regardless of whether it is located in the unincorporated area or the City of Florence, City of Union or the City of Walton or in an adjacent city or county outside of Boone County.
    2. 2.
      Nonconformity - No legally established and permitted Sexually Oriented Business (as defined in ARTICLE 40) shall become nonconforming through the subsequent establishment of any of the above protected uses described in section 1; nor shall a Zoning Permit for such use be denied based on the filing of a Zoning Permit application for one of the above protected uses subsequent to the filing of a Sexually Oriented Business application.
    3. 3.
      Measurement Method - Because this section of the zoning regulations requires a dimensional separation of uses, measurements shall be made in accordance with the following provisions: First, measurement shall be made from the proposed Sexually Oriented Business structure to the property line of the buffered uses stated in Section 1 above. Second, this measurement shall be made by the shortest distance (straight line) between the proposed Sexually Oriented Business structure and the property line of the buffered uses.
    4. 4.
      Zoning Permit/Tenant Finish Review and/or Site Plan Review - W here a Sexually Oriented Business as defined in ARTICLE 40 or for a Site Plan under ARTICLE 30, the application shall also include a drawing based upon an accurate scale demonstrating whether the Sexually Oriented Business complies with the separation standards set forth in subsection 1.

    • Effective on: 12/20/2022

    SECTION 3199 DESIGN STANDARDS FOR BUSINESS DISTRICTS

  • A.
    For properties zoned for commercial, office, and industrial use and located along the following roads:
    1. 1.
      Turfway Road (I-75 to U.S. 42/U.S. 25 intersection)
    2. 2.
      U.S. 25/U.S. 42 (County line to east boundary of Parkway Overlay District at Russell Street intersection
    3. 3.
      U.S. 25 (Main Street to Industrial Road)
    4. 4.
      KY 18 (Turfway Road to I-75)
    5. 5.
      U.S. 42 (I-75 to KY 237 [Pleasant Valley Road/Gunpowder Road], except for properties within the Mall Road District Study)
  • B.
    The following design standards apply to all building improvements:
    1. 1.
      Building Massing - All new building construction shall be of similar scale and massing to the mode of the buildings on the street. Multi-tenant structures which have individual, separate exterior entrances for different tenant spaces are to be designed to reflect individual buildings. If necessary, the use of projecting or recessed sections to reduce bulk sizes shall be used to avoid a continuous building line over one hundred (100) feet. All buildings shall be designed to have a pedestrian focus through the use of awnings, canopies, storefront windows, oversized doorways, etc. This includes adequate spacing for pedestrian entrances and safety.
    2. 2.
      Architectural Style and Detail - New construction of buildings or building additions may be either traditional in their architectural character or a contemporary expression of historically traditional styles and forms, thus respecting building scale, proportion, character, and materials. The use of special architectural elements such as, but not limited to towers, turrets, and corner cut-offs are to be used at major street corners to accent structures.
    3. 3.
      Primary Entrances - The primary entrance of a building shall be easily identifiable and face the primary street. Doors and entry ways shall follow traditional storefront design (a frame with differentiating infill material, usually recessed with an awning or overhang) and shall be compatible with the architectural style of the building.
    4. 4.
      Windows - The front elevation of commercial and office buildings shall provide a minimum of sixty (60) percent and a maximum of eighty-five (85) percent window transparency. The front building elevation and those facing a public road shall include windows.
    5. 5.
      Roofs - Roofs on primary and accessory buildings shall be pitched with overhanging eaves or be flat with articulated parapets and cornices. Roof materials shall be dimensional shingles or metal formed to resemble standing seams. If the roof is pitched, then the use of fascias, dormers, and gables is encouraged to provide visual interest. Dormers should only be utilized when they will provide windows for interior occupied space and not as non-functional adornment.  Mansard and gambrel roofs are prohibited.
    6. 6.
      Awnings - Awnings may be constructed from heavy canvas, matte finish vinyl, or fabric. A minimum eight (8) foot vertical clearance between the sidewalk and the lowest part of the awning shall be maintained. The color of the awning shall be an accent or complementary to the basic color of the building and shall not be illuminated. Sign copy on awnings is addressed in ARTICLE 34.
    7. 7.
      Building Materials - Exterior wall materials shall include stucco/EIFS, architectural grade CMU, stone, brick or precast concrete. Metal buildings are prohibited. It is recommended that no more than thirty (30) percent of the front and side of a building facing a street shall be made of stucco/EIFS. Concrete block materials may only be used on the rear portion of a building. Fiber cement siding, which resemble traditional wood siding materials, can be used but not to exceed thirty (30) percent of the total amount of building materials used. Metal and vinyl materials may be used for incidental elements such as fascias and soffits.
    8. 8.
      Building Lighting - Building lighting shall be provided for security and pedestrian safety. Building lighting shall be limited to architectural grade fixtures.
    9. 9.
      Building Color - Building colors shall be low reflective, subtle, natural, neutral or earth tones, or dark color brick. The earth tones include shades of red, brown, gray, and subtle shades of green, and blue. The use of high intensity, bright (sharp contrast), or metallic color shall be prohibited, unless it is used for trim purposes. Color schemes shall be comprehensive and directly relate to the architectural design. Exterior colors shall be paired with features such as differing building materials, openings, and/or three dimensional changes in the facades.
    10. 10.
      Loading Areas/Docks - Loading areas/docks shall be incorporated into the overall design of the building so that the visual and acoustical impacts are contained. Screening should be accomplished by wing walls which match the design and materials of the principal building or dense vegetation.
    11. 11.
      Mechanical Equipment - All mechanical equipment shall be screened, either with landscaping or a parapet wall designed to be compatible with the existing or proposed building material. This includes roof top and ground-mounted mechanical equipment.
    12. 12.
      Building Signage - Building signage shall be incorporated into the architectural design and the selection of building materials. Internally lit box cabinet sign, board signs, and signs or graphics painted directly on the exterior building walls are prohibited and individual channel letters are acceptable signs.
  • C.
    Application and Action
    1. 1.
      Specific, individual requirements in this section may be modified by the Zoning Administrator provided in the form of a written proposal will create an equivalent or superior solution to the requirement in question, and the proposal does not diminish the design character which would otherwise be created by the normal requirement.
    2. 2.
      For additions or exterior modifications to existing buildings, these design requirements shall be followed to the extent that they will produce a cohesive overall design in which the new improvements and original structure are compatible with one another when viewed from public vantage points. If compatibility between the new improvements and original structure is not feasible based on these requirements, retrofit design concepts prepared by KZF Design which may be used as examples are available from the Planning Commission.
    3. 3.
      As part of the Site Plan Review process, each applicant shall submit architectural drawings showing building materials, dimensions and elevations based upon the above design standards. The Boone County Planning Commission staff shall review and take action on the submitted design drawings. Any applicant can appeal the decision of the staff to the full Planning Commission within two (2) weeks of the decision for final action.

    • Effective on: 12/20/2022

    Section 3192.1 Applicability Of Noise Contours

  • A.
    The Planning Commission, in its consideration of reviewing and issuing any residential zoning permit and all Site Plan Review applications and subdivision plan/plat reviews, shall consider the impact of aircraft noise on the proposed use and shall advise the applicant of the relationship of the proposed development to existing or projected aircraft noise. Such permit, plan, and plat approvals shall be contingent on the adopted Kenton County Airport Board Noise Exposure Maps and shall involve sound insulation measures.
  • B.
    The Planning Commission shall consider Table 31-2, Land Use Compatibility with Yearly Day-Night Average Sound Levels. This Table identifies land uses that are "normally compatible" or "noncompatible" with various levels of noise exposure. The levels of noise exposure, in yearly day-night average sound levels (DNL) correspond to the contours shown on Airport Noise Exposure Maps. The table indicates compatibility of the land uses with the outdoor noise environment. By comparing the predicted or existing yearly DNL level at a particular site with the values given in the table the range of compatible uses may be determined.
  • C.
    In using the land use compatibility table, the following shall be considered:
    1. 1.
      DNL contours indicate the boundaries lines between areas of acceptable or unacceptable noise exposures for the various land uses in Table 31-2. The contours do indicate the trend in relative noise levels. However, topography, vegetation, and the location of buildings or walls may often affect the impact of noise on humans at a specific site.
    2. 2.
      DNL levels may vary somewhat above or below the predicted levels for a particular location, depending upon local topography and vegetation, and upon final aircraft loadings and operations.
    3. 3.
      When appropriate, noise level reduction may be achieved through incorporation of sound attenuation into the design and construction of a structure to achieve compatibility. However, more specific measurement and analysis is generally advisable prior to incurring the expense of such sound treatment. Also, where appropriate, Noise Level Reduction measures may be taken into account in determining the compatibility of indoor uses or activities. Inasmuch as this implies that windows and doors must be closed and that air conditioning or artificial ventilation must be used, due consideration should be given to the living environment and quality of life before using NLR to place individual residences or schools into a "compatible" designation. Consideration should also be given to the possible impacts upon outdoor and indoor-outdoor living and activities.
    4. 4.
      Compatibility designations in the table generally refer to the major use of the site. If the uses with greater sensitivity to noise are permitted at a site, the compatibility determination is based upon the use which is most adversely affected by noise.
  • D.
    Where Noise Level Reduction (NLR) measures are recommended by Table 31-2, the Planning Commission shall request of the applicant such information as necessary to determine the extent of measures to be taken in design of a development.
  • E.
    The Planning Commission shall maintain an appropriate map upon which DNL contours have been plotted at five unit increments from 65 DNL to 75 DNL as approved by the Kenton County Airport Board. The Planning Commission may furthermore ask the operators of the Airport for advice and comment on any matter concerning the relationship between the Airport and its activities and land use issues before the Commission.
  • F.
    Noise Contour Information adopted by the Kenton County Airport Board currently exists for the years 1996 and 2003. This information appears in map form.

    • Effective on: 12/20/2022

    Section 3192.2 Structures Requiring Protection

  • A.
    All single family structures and the portion of non-residential structures in which noise-sensitive activities are conducted (e.g. research facilities, hotel sleeping rooms, meeting rooms and similar activities) are recommended to be built with the following building construction guidelines.
  • B.
    Requirements for Noise Levels over 65 LDN - All structures regulated in this Article in noise-level area Ldn 65 shall meet the following guidelines:
    1. 1.
      General
      1. a.
        Brick veneer, masonry blocks, or stucco exterior walls shall be constructed airtight. All joints shall be grouted or caulked airtight.
      2. b.
        At the penetration of exterior walls by pipes, ducts, or conduits, the space between the wall and pipes, ducts, or conduits shall be caulked or filled with mortar.
      3. c.
        Window and/or through-the-wall HVAC type units shall not be used.
      4. d.
        Operational, vented fireplaces shall not be used.
      5. e.
        All sleeping spaces shall be provided with a sound-absorbing ceiling and carpeted floor.
      6. f.
        Through-the-wall/door mailboxes shall not be used.
    2. 2.
      Exterior Walls
      1. a.
        Masonry walls having a surface weight of at least forty (40) pounds per square foot do not require a furred interior wall. In areas over 70 Ldn, masonry walls having a surface weight of at least seventy-five (75) pounds per square foot do not require a furred interior wall. At least one (1) surface of concrete block wall shall be plastered or painted with heavy “bridging” paint.
      2. b.
        Stud walls shall be at least four (4) inches in nominal depth and shall be finished on the outside with siding on sheathing, stucco, or brick veneer.
        1. 1.
          Interior surface of the exterior stud walls shall be of gypsum board or plaster at least one-half (½) inch thick, installed on the studs. The gypsum board or plaster may be fastened rigidly to the studs if the exterior is brick veneer or stucco. If the exterior is siding-on-sheathing, the interior gypsum board or plaster must be fastened resiliently to the studs.
        2. 2.
          Continuous composition board, plywood, or gypsum board sheathing shall cover the exterior side of the wall studs behind wood or metal siding. The sheathing and facing shall weigh at least four (4) pounds per square foot.
        3. 3.
          All edges of the sheathing shall be sealed with resilient caulking.
        4. 4.
          Insulation material at least two (2) inches thick shall be installed continuously throughout the cavity space behind the exterior sheathing and between wall studs. Insulation shall be glass fiber or mineral wood.
    3. 3.
      Windows
      1. a.
        Glass of double-glazed windows shall be used and at least 1/8 inch thick.
      2. b.
        Double-glazed windows shall employ fixed sash or efficiently weather-stripped operable sash. The sash shall be rigid and weather-stripped with material that is compressed airtight when the window is closed.
      3. c.
        Glass of fixed-sash windows shall be sealed in an airtight manner with a nonhardening sealant or a soft elastomeric gasket or glazing tape.
      4. d.
        The perimeter of the window frame shall be sealed airtight to the exterior wall construction with a resilient sealant.
      5. e.
        The total area of glass of both windows and exterior doors in sleeping spaces shall not exceed twenty (20) percent of the floor area.
    4. 4.
      Doors
      1. a.
        All exterior side-hinged doors shall be solid-core wood or insulated or hollow metal at least 1.75 inches thick and shall be fully weatherstripped.
      2. b.
        The glass of double-glazed sliding doors shall be at least 3/16 of an inch thick and separated by a minimum one-half (½) inch airspace. The frame shall be provided with an efficiently airtight weatherstripping material.
      3. c.
        The perimeter of door frames shall be sealed airtight to the exterior wall construction.
      4. d.
        Glass in doors shall be set and sealed in an airtight nonhardening sealant or a soft elastomeric gasket or glazing tape.
    5. 5.
      Roofs
      1. a.
        With an attic or rafter space at least six inches deep, and with a ceiling below, the roof shall consist of one-half (½) inch composition board, plywood or gypsum board sheathing topped by roofing as required.
      2. b.
        If the underside of the roof is exposed, or if the attic or rafter space is less than six (6) inches, the roof construction shall have a surface weight of at least six (6) pounds per square foot, except that, in areas over 70 Ldn, the roof construction shall have a surface weight of at least nine (9) pounds per square foot. Rafters, joists or other framing may not be included in the surface weight calculation.
      3. c.
        Window or dome skylights shall be double glazed and separated by minimum one-half (½) inch airspace. In areas over 70 Ldn, skylights are not permitted.
    6. 6.
      Ceilings
      1. a.
        Gypsum board of plaster ceilings at least one-half (½) inch thick shall be provided where required by Section 5.0 (A)(5). Ceilings shall be substantially airtight with minimum number of penetrations.
      2. b.
        Glass fiber or mineral wood insulation at least six (6) inches thick shall be provided above the ceiling between joists.
    7. 7.
      Floors
      1. 1.
        The floor of the lowest occupied rooms shall be slab on grade, below grade, or over a fully enclosed basement. All door and window openings in the fully enclosed basement shall be tightly fitted.
    8. 8.
      Ventilation
      1. a.
        A mechanical ventilation system shall be installed that will provide the minimum air circulation and fresh air-supply requirements for various uses in occupied rooms, without need to open any windows, doors, or other openings to the exterior.
      2. b.
        Gravity vent openings in the attic shall not exceed code minimum in number and size. The openings shall be fitted with transfer ducts at least three (3) feet in length, containing approved internal sound-absorbing duct lining. Each duct shall have a line ninety (90) degree bend in the duct such that there is no direct line of sight from the exterior through the duct into the attic.
      3. c.
        If a fan is used for forced ventilation, the attic inlet and discharge openings shall be fitted with sheet metal transfer ducts of at least twenty (20) gauge steel, which shall be lined with one inch thick approved duct liner, and shall be at least five feet long with one ninety (90) degree bend. In areas over 70 Ldn, the duct lining shall be at least ten (10) feet long.
      4. d.
        All vent ducts connecting the interior space to the outdoors, excepting domestic range and dryer exhaust ducts, shall contain at least a ten (10) foot length of approved internal sound-absorbing duct lining. Each duct shall be provided with a line ninety (90) degree bend in the duct such that there is no direct line of sight through the duct.
      5. e.
        Duct lining shall be a coated glass fiber duct liner at least one (1) inch thick, approved and suitable for the intended use.
      6. f.
        Domestic range and dryer exhaust ducts connecting the interior space to the outdoors shall contain a baffle plate across the exterior termination that allows proper ventilation. The dimensions of the baffle plate should extend at least one (1) diameter beyond the line of sight into the vent duct. The baffle plate shall be of the same material and shall have the same free area as the vent duct.
      7. g.
        Building heating units with flues or combustion air vents shall be located in a closet or room closed off from the occupied space by doors.
      8. h.
        Doors between occupied space and mechanical equipment areas shall be solid-core wood or twenty (20) gauge steel hollow metal at least 1.75 inches thick and shall be fully weatherstripped.

       

    • Table 31-2
    Land Use Compatibility

     

    Yearly Day-Nite Average

     

    Sound Level (LDN) in Decibels

    LAND USES

    Below 65

    65-70

    70-75

    75-80

    80-85

    Over 85

    RESIDENTIAL

    		      

      Residential, other than mobile homes and transient lodgings

    Y

    N 1

    N 1

    N

    N

    N

        Housing units

    		      

        Single units – detached

    		      

        Single units – semi-detached

    		      

        Single units - attached row

    		      

        Two units - side-by-side

    		      

        Two units - one above the other

    		      

        Apartments - walk up

    		      

        Apartments – elevator

    		      

        Group quarters

    		      

        Residential hotels

    		      

        Other residential

    		      

        Mobile home parks

    Y

    N

    N

    N

    N

    N

      Transient lodgings

    Y

    N 1

    N 1

    N 1

    N

    N

    PUBLIC USE

    		      

      Schools, hospitals and nursing homes

    Y

    25

    30

    N

    N

    N

        Educational services

    		      

        Hospitals, nursing homes

    		      

      Churches, auditoriums and concert halls

    Y

    25

    30

    N

    N

    N

        Cultural activities (including churches)

    		      

        Auditoriums, concert halls

    		      

      Government services

    Y

    Y

    25

    30

    N

    N

      Transportation

    Y

    Y

    Y 2

    Y 3

    Y 4

    Y 4

        Railroad, raid rail transit and street railway transportation

    		      

        Motor vehicle transportation

    		      

        Aircraft transportation

    		      

        Marine craft transport

    		      

        Highway and street right-of-way

    		      

      Parking

    Y

    Y

    Y 2

    Y 3

    Y 4

    N

    COMMERCIAL USE

    		      

      Offices, business and professional

    Y

    Y

    25

    30

    N

    N

        Finance, insurance and real estate

    		      

        Personal services

    		      

        Business services

    		      

        Professional services

    		      

        Other medical facilities

    		      

        Miscellaneous services

    		      

      Wholesale and retail - building materials, hardware and farm equipment

    Y

    Y

    Y 2

    Y 3

    Y 4

    N

        Wholesale trade

    		      

        Retail trade - building materials, hardware and farm equipment

    		      

        Repair services

    		      

        Contract construction services

    		      

        Retail trade – general

    Y

    Y

    25

    30

    N

    N

        Retail trade - general merchandise

    		      

        Retail trade – food

    		      

        Retail trade - automotive, marine craft, aircraft and accessories

    		      

        Retail trade - apparel and accessories

    		      

        Retail trade - furniture, home furnishings and equipment

    		      

        Retail trade - eating and drinking establishments

    		      

        Other retail trade

    		      

      Utilities

    Y

    Y

    Y 2

    Y 3

    Y 4

    N

      Communications

    Y

    Y

    25

    30

    N

    N

    MANUFACTURING AND PRODUCTION

    		      

      Manufacturing – general

    Y

    Y

    Y 2

    Y 3

    Y 4

    N

        Food and kindred products – manufacturing

    		      

        Textile mill products – manufacturing

    		      

        Apparel and other finished products made from fabrics, leather and similar materials – manufacturing

    		      

        Lumber and wood products (except furniture) – manufacturing

    		      

        Furniture and fixtures – manufacturing

    		      

        Paper and allied products – manufacturing

    		      

        Printing, publishing and allied industries

    		      

        Chemicals and allied products – manufacturing

    		      

        Petroleum refining and related industries

    		      

        Rubber and miscellaneous plastic products – manufacturing

    		      

        Stone, clay and glass products – manufacturing

    		      

        Primary metal industries

    		      

        Fabricated metal products – manufacturing

    		      

        Miscellaneous manufacturing

    		      

        Photographic and optical

    Y

    Y

    25

    30

    N

    N

        Professional, scientific and controlling instruments, photographic and optical goods: watches and clocks – manufacturing

    		      

      Agriculture (except livestock and forestry)

    Y

    Y 6

    Y 7

    Y 8

    Y 8

    Y 8

        Agriculture (except livestock)

    		      

        Agriculture related activities

    		      

        Forestry activities and related services

    		      

      Hunting and fishing, resource production and extraction

    		      

        Fishing activities and related services

    		      

        Hunting activities and related services

    		      

        Other resource production and extraction

    		      

    RECREATIONAL

    		      

      Outdoor sports arenas and spectator sports

    Y

    Y 5

    Y 5

    N

    N

    N

      Outdoor music shells, amphitheaters

    Y

    N

    N

    N

    N

    N

      Nature exhibits and

    Y

    Y

    N

    N

    N

    N

      Amusements, parks, resorts and camps

    Y

    Y

    Y

    N

    N

    N

        Amusements

    		      

        Parks

    		      

        Public Assembly

    		      

        Resorts and group camps

    		      

        Other cultural, entertainment and recreation

    		      

      Golf courses, riding stables and water recreation

    Y

    Y

    25

    30

    N

    N

    KEY TO TABLE 31.9

    Number in ( ) Standard Land Use Coding Manual (SLUCM).

    Y (Yes) Land Use and related structures compatible without restrictions.

    N (No) Land Use and related structures are not compatible and should be prohibited.

    25, 30 or 35 Land use and related structures generally compatible; measures to achieve Noise Level Reduction  (NLR), outdoor to indoor, of 25, 30 or 35 must be incorporated into design of structure.

    NOTES FOR TABLE

    1 Where the community determines that residential uses must be allowed, measures to achieve outdoor to indoor Noise Level Reduction (NLR) or at least 25db and 30db should be incorporated into building codes and be considered in individual approvals. Normal residential construction can be expected to provide a NLR of 20 db, thus, the reduction requirements are often stated as 5, 10 or 15 db over standard construction and normally assume mechanical ventilation and closed windows year round. However, the use of NLR criteria will not eliminate outdoor noise problems.

    2 Measures to achieve NLR of 25db must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas or where the normal noise level is low.

    3 Measures to achieve NLR of 30db must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas or where the normal noise level is low.

    4 Measures to achieve NLR of 35db must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas or where the normal noise level is low.

    5 Land use compatible provided special sound reinforcement systems are installed.

    6 Residential buildings require an NLR of 25.

    7 Residential buildings require an NLR of 30.

    8 Residential buildings are not permitted.

    Table 31-2
    Land Use Compatibility

     

    Yearly Day-Nite Average

     

    Sound Level (LDN) in Decibels

    LAND USES

    Below 65

    65-70

    70-75

    75-80

    80-85

    Over 85

    RESIDENTIAL

    		      

      Residential, other than mobile homes and transient lodgings

    Y

    N 1

    N 1

    N

    N

    N

        Housing units

    		      

        Single units – detached

    		      

        Single units – semi-detached

    		      

        Single units - attached row

    		      

        Two units - side-by-side

    		      

        Two units - one above the other

    		      

        Apartments - walk up

    		      

        Apartments – elevator

    		      

        Group quarters

    		      

        Residential hotels

    		      

        Other residential

    		      

        Mobile home parks

    Y

    N

    N

    N

    N

    N

      Transient lodgings

    Y

    N 1

    N 1

    N 1

    N

    N

    PUBLIC USE

    		      

      Schools, hospitals and nursing homes

    Y

    25

    30

    N

    N

    N

        Educational services

    		      

        Hospitals, nursing homes

    		      

      Churches, auditoriums and concert halls

    Y

    25

    30

    N

    N

    N

        Cultural activities (including churches)

    		      

        Auditoriums, concert halls

    		      

      Government services

    Y

    Y

    25

    30

    N

    N

      Transportation

    Y

    Y

    Y 2

    Y 3

    Y 4

    Y 4

        Railroad, raid rail transit and street railway transportation

    		      

        Motor vehicle transportation

    		      

        Aircraft transportation

    		      

        Marine craft transport

    		      

        Highway and street right-of-way

    		      

      Parking

    Y

    Y

    Y 2

    Y 3

    Y 4

    N

    COMMERCIAL USE

    		      

      Offices, business and professional

    Y

    Y

    25

    30

    N

    N

        Finance, insurance and real estate

    		      

        Personal services

    		      

        Business services

    		      

        Professional services

    		      

        Other medical facilities

    		      

        Miscellaneous services

    		      

      Wholesale and retail - building materials, hardware and farm equipment

    Y

    Y

    Y 2

    Y 3

    Y 4

    N

        Wholesale trade

    		      

        Retail trade - building materials, hardware and farm equipment

    		      

        Repair services

    		      

        Contract construction services

    		      

        Retail trade – general

    Y

    Y

    25

    30

    N

    N

        Retail trade - general merchandise

    		      

        Retail trade – food

    		      

        Retail trade - automotive, marine craft, aircraft and accessories

    		      

        Retail trade - apparel and accessories

    		      

        Retail trade - furniture, home furnishings and equipment

    		      

        Retail trade - eating and drinking establishments

    		      

        Other retail trade

    		      

      Utilities

    Y

    Y

    Y 2

    Y 3

    Y 4

    N

      Communications

    Y

    Y

    25

    30

    N

    N

    MANUFACTURING AND PRODUCTION

    		      

      Manufacturing – general

    Y

    Y

    Y 2

    Y 3

    Y 4

    N

        Food and kindred products – manufacturing

    		      

        Textile mill products – manufacturing

    		      

        Apparel and other finished products made from fabrics, leather and similar materials – manufacturing

    		      

        Lumber and wood products (except furniture) – manufacturing

    		      

        Furniture and fixtures – manufacturing

    		      

        Paper and allied products – manufacturing

    		      

        Printing, publishing and allied industries

    		      

        Chemicals and allied products – manufacturing

    		      

        Petroleum refining and related industries

    		      

        Rubber and miscellaneous plastic products – manufacturing

    		      

        Stone, clay and glass products – manufacturing

    		      

        Primary metal industries

    		      

        Fabricated metal products – manufacturing

    		      

        Miscellaneous manufacturing

    		      

        Photographic and optical

    Y

    Y

    25

    30

    N

    N

        Professional, scientific and controlling instruments, photographic and optical goods: watches and clocks – manufacturing

    		      

      Agriculture (except livestock and forestry)

    Y

    Y 6

    Y 7

    Y 8

    Y 8

    Y 8

        Agriculture (except livestock)

    		      

        Agriculture related activities

    		      

        Forestry activities and related services

    		      

      Hunting and fishing, resource production and extraction

    		      

        Fishing activities and related services

    		      

        Hunting activities and related services

    		      

        Other resource production and extraction

    		      

    RECREATIONAL

    		      

      Outdoor sports arenas and spectator sports

    Y

    Y 5

    Y 5

    N

    N

    N

      Outdoor music shells, amphitheaters

    Y

    N

    N

    N

    N

    N

      Nature exhibits and

    Y

    Y

    N

    N

    N

    N

      Amusements, parks, resorts and camps

    Y

    Y

    Y

    N

    N

    N

        Amusements

    		      

        Parks

    		      

        Public Assembly

    		      

        Resorts and group camps

    		      

        Other cultural, entertainment and recreation

    		      

      Golf courses, riding stables and water recreation

    Y

    Y

    25

    30

    N

    N

    KEY TO TABLE 31.9

    Number in ( ) Standard Land Use Coding Manual (SLUCM).

    Y (Yes) Land Use and related structures compatible without restrictions.

    N (No) Land Use and related structures are not compatible and should be prohibited.

    25, 30 or 35 Land use and related structures generally compatible; measures to achieve Noise Level Reduction  (NLR), outdoor to indoor, of 25, 30 or 35 must be incorporated into design of structure.

    NOTES FOR TABLE

    1 Where the community determines that residential uses must be allowed, measures to achieve outdoor to indoor Noise Level Reduction (NLR) or at least 25db and 30db should be incorporated into building codes and be considered in individual approvals. Normal residential construction can be expected to provide a NLR of 20 db, thus, the reduction requirements are often stated as 5, 10 or 15 db over standard construction and normally assume mechanical ventilation and closed windows year round. However, the use of NLR criteria will not eliminate outdoor noise problems.

    2 Measures to achieve NLR of 25db must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas or where the normal noise level is low.

    3 Measures to achieve NLR of 30db must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas or where the normal noise level is low.

    4 Measures to achieve NLR of 35db must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas or where the normal noise level is low.

    5 Land use compatible provided special sound reinforcement systems are installed.

    6 Residential buildings require an NLR of 25.

    7 Residential buildings require an NLR of 30.

    8 Residential buildings are not permitted.

    Effective on: 12/20/2022

    Section 3197.1 Purpose

  • A.
    The purpose of these regulations is to facilitate the planning for and placement of cellular telecommunication facilities (see "Cellular Antenna Tower" and Small Cellular Pole" definitions in ARTICLE 40 of these regulations) and services in the community in accordance with the requirements of KRS 100.985 - 100.987. In addition, it is intended to provide such facilities and services in coordination with the recommendations of the Comprehensive Plan and the Boone County Zoning Regulations.
  • B.
    In general, cellular antenna equipment may be permitted in any zoning district through an administrative Uniform Application process if the proposed equipment is placed on an existing cellular antenna tower or other tall structure (utility tower, rooftop, water tank, silo, etc.) for co-location purposes and meets all the preferred application criteria in Table 31-3 below. If the proposed cellular antenna tower does not meet the preferred application criteria then it will be subject to Uniform Application process that is outlined in Table 31-4 below.  All new cellular antenna towers and temporary towers shall be subject to the Uniform Application public hearing process that is outlined in Table 31-4 below.
  • C.
    Small cellular poles may also be permitted administratively in any zoning district if the application requirements and design standards are met.

    • Effective on: 12/20/2022

    Section 3197.2 Cellular Antenna Towers

  • A.
    Existing Sites
    1. 1.
      Existing cellular telecommunication facilities in existence on the date of the adoption of these regulations are subject to the following provisions:
      1. a.
        A wireless provider that replaces or adds ground equipment and/or equipment shelters within the limits of the existing fence compound and/or replaces antennas or other equipment at the same elevation (RAD center) on the tower shall be viewed as maintenance and repair and shall not be subject to zoning approval.
      2. b.
        Any proposal by a wireless provider to add equipment at a RAD center on a cellular antenna tower, other than which they are currently located, shall be viewed as a co-location and is subject to approval by Boone County Planning Commission Staff.
      3. c.
        All proposals to enlarge the fence compound shall be in conformance with the setback and fencing and landscaping standards found in the Uniform Application Design Guidelines. A Uniform Application shall be required to waive the setback and/or fencing and landscaping design guidelines if there is a proposal to enlarge the fence compound and the setback, fencing, or landscaping requirements cannot be met.
      4. d.
        In the event an existing cellular telecommunication facility is damaged or destroyed for any reason, the tower and accessory structures may be repaired or rebuilt in the same location with the same physical dimensions and do not have to comply with these regulations.
  • B.
    Application Criteria and Processes
    1. 1.
      Table 31-3 below outlines which cellular telecommunication facilities can be approved through the administrative Uniform Application process (preferred approval) and which are subject to the Uniform Application public hearing process.

    • Table 31-3

    Application Criteria

     

     

    1. Co-locating on an existing cell tower and the overall height of the tower is not changed.

    Yes

    2. Modifying or replacing an existing cell tower, public Utility tower, or athletic stadium light tower for co-location purposes.  The modified or replaced tower shall meet the following standards:

    Yes, if all three standards are met.

    A. The tower type (monopole, lattice, etc.) shall not change;

     

    B. The modification or replacement shall not cause the tower to be lit; and

     

    C. The modified or replaced tower can be up to fifteen (15) percent taller than the original structure unless a prior Planning Commission approval limited the overall tower height.

     

    Note: A six (6) foot tall privacy fence shall enclose all proposed ground equipment and/or equipment shelters when they are located in a residential district or viewable from any residential property.

     

    3. Locating antennas on a public or private building or other tall structure (water tanks, silos, etc.) in non-residential districts. The overall height of the antennas shall be no more than fifteen (15) feet above the roofline or top of the structure.

    Yes, if the standards are met.

    Note: This category does not apply to the construction of tower (stacking steel) on top of building or other structure.

     

    Note: A privacy fence, not less than eight (8) feet in height, shall enclose any proposed ground equipment or equipment shelters if they are viewable from any residence.

     

    4. Construction of a new tower or temporary tower in any zoning district.

    No.

    5. Any other proposal that does not meet the preferred approval criteria found in numbers 1, 2, and 3 of this chart.

    No.

    Table 31-3

    Application Criteria

     

     

    1. Co-locating on an existing cell tower and the overall height of the tower is not changed.

    Yes

    2. Modifying or replacing an existing cell tower, public Utility tower, or athletic stadium light tower for co-location purposes.  The modified or replaced tower shall meet the following standards:

    Yes, if all three standards are met.

    A. The tower type (monopole, lattice, etc.) shall not change;

     

    B. The modification or replacement shall not cause the tower to be lit; and

     

    C. The modified or replaced tower can be up to fifteen (15) percent taller than the original structure unless a prior Planning Commission approval limited the overall tower height.

     

    Note: A six (6) foot tall privacy fence shall enclose all proposed ground equipment and/or equipment shelters when they are located in a residential district or viewable from any residential property.

     

    3. Locating antennas on a public or private building or other tall structure (water tanks, silos, etc.) in non-residential districts. The overall height of the antennas shall be no more than fifteen (15) feet above the roofline or top of the structure.

    Yes, if the standards are met.

    Note: This category does not apply to the construction of tower (stacking steel) on top of building or other structure.

     

    Note: A privacy fence, not less than eight (8) feet in height, shall enclose any proposed ground equipment or equipment shelters if they are viewable from any residence.

     

    4. Construction of a new tower or temporary tower in any zoning district.

    No.

    5. Any other proposal that does not meet the preferred approval criteria found in numbers 1, 2, and 3 of this chart.

    No.

    1.  
      1. 2.
        The Zoning Administrator or his designee shall determine if the request meets the preferred approval criteria in Table 31-3. If so, Planning Commission Staff shall process the submitted Uniform Application for the co-location or tower modification and sign the zoning approval line on building permit application. The applicant shall furnish Planning Commission Staff with Federal Aviation Administration (FAA) and/or Kentucky Airport Zoning Commission approval letters if the request involves increasing the height of tower or tall structure, or involves antennas extending above the highest point of a building or tall structure.
      2. 3.
        Uniform Applications that do not meet the preferred approval criteria will follow the public hearing process outlined in Table 31-4 below.

    Table 31-4

    Uniform Application Process

    STEP 1

    Applicant files the Uniform Application to Boone County Planning Commission and a public hearing date is set at the next scheduled Business Meeting.   

    STEP 2

    Staff reviews the application in terms of its agreement with the appropriate sections of the Boone County Comprehensive Plan and the Boone County Zoning Regulations.

    STEP 3

    The Public Hearing is held (Staff Report presented, applicant’s presentation, and public comment). A date is given for the Technical/Design Review Committee Meeting

    STEP 4

    The Technical/Design Review Committee meets and recommends approval or denial of the Uniform Application to the full Planning Commission.

    STEP 5

    The Full Planning Commission votes to approve or deny the Uniform Application at a scheduled Business Meeting.

    Table 31-4

    Uniform Application Process

    STEP 1

    Applicant files the Uniform Application to Boone County Planning Commission and a public hearing date is set at the next scheduled Business Meeting.   

    STEP 2

    Staff reviews the application in terms of its agreement with the appropriate sections of the Boone County Comprehensive Plan and the Boone County Zoning Regulations.

    STEP 3

    The Public Hearing is held (Staff Report presented, applicant’s presentation, and public comment). A date is given for the Technical/Design Review Committee Meeting

    STEP 4

    The Technical/Design Review Committee meets and recommends approval or denial of the Uniform Application to the full Planning Commission.

    STEP 5

    The Full Planning Commission votes to approve or deny the Uniform Application at a scheduled Business Meeting.

    1. C.
      Uniform Application Requirements
      1. 1.
        A Uniform Application and review fee shall be required for the construction of a tower, modified tower, rooftop, or other co-location that does not meet the preferred approval criteria in Table 31-3. The Uniform Application shall be submitted to the Boone County Planning Commission and shall contain the following information per KRS 100.9865 and 100.987:
        1. a.
          Grid Map that shows the location of all existing cellular antenna towers and that indicates the general position of proposed construction sites for new cellular antenna towers within an area includes:
          1. 1.
            All of the planning unit’s jurisdiction; and
          2. 2.
            A one-half (1/2) mile area outside of the boundaries of the planning unit’s jurisdiction, if that area contains either existing or proposed construction sites for cellular antenna towers.
        2. b.
          Include in any contract with an owner of property upon which a cellular antenna tower is to be constructed, a provision that specifies in the case of abandonment, a method that the utility will follow in dismantling and removing a cellular antenna tower, including a time table for removal.
        3. c.
          Comply with any local ordinances concerning land use, subject to the limitations imposed by 47 U.S.C. sec. 332(c), KRS 278.030, 278.040 and 278.280.
        4. d.
          The full name and address of the applicant.
        5. e.
          The applicant’s articles of incorporation, if applicable.
        6. f.
          A geotechnical investigation report, signed and sealed by a professional engineer registered in Kentucky, that includes boring logs and foundation design recommendations.
        7. g.
          A written report, prepared by a professional engineer or land surveyor, of findings as to the proximity of the proposed site to flood hazard areas.
        8. h.
          Clear directions from the county seat to the proposed site, including highway numbers and street names, if applicable, with the telephone number of the person who prepared the directions.
        9. i.
          The lease or sale agreement for the property on which the tower is proposed to be located, except that, if the agreement has been filed in abbreviated form with the county clerk, an applicant may file a copy of the agreement as recorded by the county clerk and, if applicable, the portion of the agreement demonstrating compliance with KRS 100.987(2).
        10. j.
          The identity and qualifications of each person directly responsible for the design and construction of the proposed tower.
        11. k.
          A site development plan or survey, signed and sealed by a professional engineer registered in Kentucky, that shows the proposed location of the tower and all easements and existing structures within five hundred (500) feet of the proposed site on the property on which the tower will be located, and all easements and existing structures within two hundred (200) feet of the access drive, including the intersection with the public street system.
        12. l.
          A vertical profile sketch of the tower, signed and sealed by a professional engineer registered in Kentucky, indicating the height of the tower and the placement of all antennas.
        13. m.
          The tower and foundation design plans and a description of the standard according to which the tower was designed, signed, and sealed by a professional engineer registered in Kentucky.
        14. n.
          A map, drawn to a scale no less than one (1) inch equals two hundred (200) feet, that identifies every structure and every owner of real estate within five hundred (500) feet of the proposed tower.
        15. o.
          A statement that every person who, according to the records of the property valuation administrator, owns property within five hundred (500) feet of the proposed tower or property contiguous to the site upon which the tower is proposed to be constructed, has been:
          1. 1.
            Notified by certified mail, return receipt requested, of the proposed construction, which notice shall include a map of the location of the proposed construction;
          2. 2.
            Given the telephone number and address of the local planning commission; and
          3. 3.
            Informed of his or her right to participate in the planning commission’s proceedings on the application.
        16. p.
          A list of the property owners who received the notice, together with copies of the certified letters sent to the listed property owners.
        17. q.
          A statement that the chief executive officer of the affected local governments and their legislative bodies have been notified, in writing, of the proposed construction.
        18. r.
          A copy of the notice sent to the chief executive officer of the affected local governments and their legislative bodies.
        19. s.
          A statement that:
          1. 1.
            A written notice, of durable material at least two (2) feet by four (4) feet in size, stating that “{Name of applicant} proposes to construct a telecommunications tower on this site” and including the addresses and telephone numbers of the applicant and the planning commission, has been posted and shall remain in a visible location on the proposed site until final disposition of the application; and
          2. 2.
            A written notice, at least two (2) feet by four (4) feet in size, stating that “{Name of applicant} proposes to construct a telecommunications tower near this site” and including the addresses and telephone numbers of the applicant and the planning commission, has been posted on the public road nearest the site.
        20. t.
          A statement that notice of the location of the proposed construction has been published in a newspaper of general circulation in the county in which the construction is proposed.
        21. u.
          A brief description of the character of the general area in which the tower is proposed to be constructed, which includes the existing land use for the specific property involved.
        22. v.
          A statement that the applicant has considered the likely effects of the installation on nearby land uses and values and had concluded that there is no more suitable location reasonably available from which adequate service to the area can be provided, and that there is no reasonably available opportunity to locate its antennas and related facilities on an existing structure, including documentation of attempts to locate its antennas and related facilities on an existing structure, if any, with supporting radio frequency analysis, where applicable, and a statement indicating that the applicant attempted to locate its antennas and related facilities on a tower designed to host multiple wireless service providers’ facilities or on an existing structure, such as a telecommunications tower or other suitable structure capable of supporting the applicant’s antennas and related facilities.
        23. w.
          A map of the area in which the tower is proposed to be located, that is drawn to scale, and that clearly depicts the necessary search area within which an antenna tower should, pursuant to radio frequency requirements, be located.
        24. x.
          KRS 100.987 (6) states that the Planning Commission may require the applicant to make a reasonable attempt to co-locate additional transmitting or related equipment. A planning commission may provide the location of existing cellular antenna towers on which the commission deems the applicant can successfully co-locate its transmitting and related equipment. If the local planning commission requires the applicant to attempt co-location, the applicant shall provide the local planning unit with a statement indicating that the applicant has:
          1. 1.
            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
          2. 2.
            Unsuccessfully attempted to co-locate on towers designed to host multiple wireless service provider’s facilities or existing structures such as a telecommunications tower or another suitable structure capable of supporting the applicant’s facilities.
      2. 2.
        KRS 100.987 (7) states the Planning 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 any new or existing towers or other structures.
      3. 3.
        As a result, the Planning Commission shall require the applicant to document all existing cell towers and other tall structures (utility towers, building rooftops, church steeples, farm silos, water tanks, stadium light poles, etc.) within a mile of their search ring and provide written reasons why the colocation was unsuccessful. The Planning Commission may ask the applicant to provide a radio frequency analysis of a potential co-location site. This analysis shall document the coverage and/or capacity differences between the proposed cellular antenna tower site and the potential co-location site.
      4. 4.
        Identifies the location of the towers or other structures on which the applicant attempted to co-locate.
      5. 5.
        Lists the reasons why the co-location was unsuccessful in each instance.
    2. D.
      Public Notification of A Uniform Application
      1. 1.
        The public notification for the construction of a new or modified cellular telecommunications facility that does not meet the preferred approval criteria shall consist of the following:
      2. 2.
        A Public Hearing on the proposal shall be held by the Boone County Planning Commission to solicit input from the public. Notice of the date, time and location of such hearing shall be published once in a newspaper of general circulation in Boone County and shall appear not less than seven (7) calendar days nor more than twenty-one (21) calendar days before the hearing is held. Notice of the Public Hearing shall be posted conspicuously on the subject site under review for at least fourteen (14) consecutive days immediately prior to the Public Hearing. The posting shall consist at least one sign, 2' x 2.5' in size constructed of durable material and shall depict the following information:
        1. a.
          "A Wireless Communication Facility is proposed on this property. A Public Hearing will be held on (date and time) at location - name of building and location. For further information, contact the Boone County Planning Commission at 334-2196."
      3. 3.
        Notice of the Public Hearing shall be given by the Planning Commission at least fourteen (14) days in advance of the hearing, by first class mail, to an owner of every parcel of property within five hundred (500) feet of the base of the proposed communication facility, and adjoining property owners and to the appropriate legislative unit. It shall be the duty of the utility company proposing the facility to furnish to the Planning Commission the names and addresses of said property owners. Records maintained by the Property Valuation Administrator shall be relied upon conclusively to determine the identity and address of said owner.
    3. E.
      Action by the Planning Commission
      1. 1.
        After holding the public hearing, Boone County Planning Commission will advise the applicant in writing of its final decision within sixty (60) days commencing from the date that the Uniform Application is submitted or within a date certain specified in a written agreement between the Planning Commission and the applicant. If the Planning Commission fails to issue a final decision within sixty (60) days and if there is no written agreement between the Planning Commission and the applicant to a specified date for the Planning Commission to issue a decision, the Uniform Application shall be deemed approved.
      2. 2.
        In taking action on an applicant’s uniform application to construct a cellular antenna tower, the Planning Commission shall:
        1. a.
          Review the uniform application in light of its agreement with the Comprehensive Plan and Boone County Zoning Regulations.
        2. b.
          Make a decision to approve or disapprove the uniform application.
        3. c.
          If the Planning Commission disapproves of the proposed construction, it shall state the reason for disapproval in its written decision and may make suggestions, which in its opinion, better accomplish the objectives of the Boone County Comprehensive Plan and the Boone County Zoning Regulations.
      3. 3.
        In regulating the placement of cellular antenna towers, the Planning Commission shall not:
        1. a.
          Regulate the placement of a cellular antenna tower on the basis of the environmental effects of radio frequency emissions to the extent that these facilities comply with the Federal Communications Commission concerning radio frequency emissions.
        2. b.
          Institute a moratorium upon the siting of cellular antenna towers.
        3. c.
          Charge an application fee that exceeds an amount that is reasonably related to expenses associated with processing an application to construct a cellular antenna tower, and to issue any necessary permits including any required building permit up to a maximum of $2,500.
        4. d.
          Regulate the placement of antennas or related equipment on an existing structure.
        5. e.
          Require the submission of application materials in addition to those required in these regulations unless agreed by both parties.
    4. F.
      Permitted Locations
      1. 1.
        Cellular telecommunication facilities are permitted in all zoning districts. To the largest extent feasible, applicants are encouraged to consider properties owned by local, state, or federal government for the location of cellular towers, if such properties are appropriate in view of surrounding land uses. Whenever possible, cellular antenna towers, whether temporary or permanent, shall be sited at locations that minimize their adverse effect on adjoining properties and residential uses in the immediate area.
      2. 2.
        Non-Preferred Locations - The following locations shall be avoided unless no other reasonable site is available.
        1. a.
          No cellular antenna tower shall be located in a residential zoning district unless the Planning Commission determines that no other reasonable site is available that meets the applicant’s or wireless providers coverage objectives.
        2. b.
          No cellular antenna tower shall be located in or within a quarter mile (1,320 feet) of a Historic Landmark/Historic District Overlay District (H) or within a quarter mile of a National Register District or Property unless the Planning Commission determines that no other reasonable site is available that meets the applicant’s or wireless providers coverage objectives.
        3. c.
          No cellular antenna tower shall be located within a Kentucky Scenic Byway as designated by the State of Kentucky or its viewshed, so as to have a negative impact on the scenic qualities of the roadway and the views from the roadway unless the Planning Commission determines that no other reasonable site is available that meets the applicant’s or wireless providers coverage objectives.
    5. G.
      Design Guidelines
      1. 1.
        Tower Design
        1. a.
          Stealth towers (such as clock towers, church steeples, flagpole towers, etc. with concealed antennas) shall be permitted in all zoning districts.
        2. b.
          Monopole towers shall be permitted in all zoning districts and shall have a grey or galvanized steel finish. The monopole and foundation shall be designed to accommodate as many colocators as possible.
        3. c.
          Lattice towers shall be permitted in non-residential zoning districts and shall have a grey or galvanized steel finish. The lattice tower and foundation shall be designed to accommodate as many co-locators as possible. Lattice towers shall only be permitted when the tower height is greater than one hundred ninety-nine (199) feet.
        4. d.
          Guyed towers shall be permitted in agricultural districts only and shall have a grey or galvanized steel finish. The guyed tower and foundations must be designed to accommodate as many colocators as possible. Guyed Towers shall only be permitted when the tower height is greater than one hundred ninety-nine (199) feet.
      2. 2.
        Tower Heights
        1. a.
          The overall height of a cellular antenna tower in a residential district shall be limited so it does not have to be lit or marked per FAA standards.
        2. b.
          The overall height of a cellular antenna tower in a non-residential district (except agricultural zones) shall be limited to one hundred ninety-nine (199) feet.
        3. c.
          The overall height of a cellular antenna tower in an agricultural district shall be limited to three hundred fifteen (315) feet.
      3. 3.
        Setback Requirements
        1. a.
          Cellular antenna towers shall be setback a minimum of one (1) times the tower height (tower, antennas, and lightning rod) from any public or private street. This setback requirement does not apply to freeways (I-71, I-75, and I-275) as defined by ARTICLE 32 of the Zoning Regulations.
        2. b.
          Cellular antenna towers shall be setback a minimum of two (2) times the tower height (tower, antennas, and lightning rod) from any residence or residentially zoned property.
        3. c.
          Cellular antenna towers shall be setback a minimum of one (1) times the tower height (tower, antennas, and lightning rod) from agriculturally zoned property.
        4. d.
          Cellular antenna towers shall be setback a minimum of one-fourth (¼) the tower height (tower, antennas, and lightning rod) from any non-residentially zoned properties (does not apply to agriculturally zoned properties).
        5. e.
          All accessory structures associated with the cellular antenna tower shall be located as close to the tower base or tower legs as possible. All accessory structures shall be located a minimum of twenty-five (25) feet from adjoining property lines.
      4. 4.
        Lighting
        1. a.
          Cellular antenna towers shall not be lit, except as required by the Federal Aviation Administration (FAA).
      5. 5.
        Access and Parking
        1. a.
          If applicable, a proposed access point on a public or private street shall meet the Transportation Management regulations found in ARTICLE 32 of the Boone County Zoning Regulations regarding the number of curb cuts permitted on a property, spacing of driveways, and required sight distance.
        2. b.
          The first twenty (20) feet of a proposed driveway (measured from the right-of-way line) that is used exclusively to access a cell tower site shall be improved with either asphalt concrete or portland cement concrete to minimize gravel from being carried onto public or private roads.
        3. c.
          One parking space and/or turnaround area shall be provided immediately to the side of the cell tower compound.
      6. 6.
        Fencing and Landscaping
        1. a.
          A wood privacy fence shall enclose and screen the base of the cellular antenna tower and associated ground equipment.  The height of the fence shall not exceed the limits that are found in SECTION 3655. In addition, the outside perimeter of the fence compound (except the access gate) shall be bound on all sides by a ten (10) foot wide landscaping buffer. The landscaping buffer shall contain one (1) large evergreen tree from Plant List D (see ARTICLE 36 of the Zoning Regulations) for every thirty (30) linear feet, or fraction thereof, of buffer boundary.
      7. 7.
        Signage
        1. a.
          No signs and/or commercial advertising shall be located on the cellular antenna tower, on the fence surrounding the tower and equipment, or on any buildings accessory to the cellular antenna tower, with the exception of signs providing ownership, safety, and emergency information.
      8. 8.
        Mitigating Design Standards for Cellular Antenna Towers Proposed in Residential Zoning Districts and other Non-Preferred Location.  The Planning Commission shall consider the following mitigating design standards.
        1. a.
          The Planning Commission shall have the power to require a stealth tower in a residential zone or other non-preferred locations, using the following considerations:
          1. 1.
            Is the cellular antenna tower proposed at a location that minimizes adverse impacts on adjoining properties, residential uses, historic properties, or scenic byways?
          2. 2.
            Would a stealth tower design help mitigate these impacts and still allow the wireless provider(s) to fulfill their coverage objectives? If so, what type of stealth tower should be used?
          3. 3.
            How many wireless providers will be able to locate on the stealth tower? The applicant shall document the co-location opportunities on alternative stealth tower designs and a similarly sized monopole, lattice, or guyed tower.
        2. b.
          The Planning Commission shall have the power to impose additional landscaping requirements, which may include trees, shrubs, and fencing designed to complement the character of the surrounding area.
        3. c.
          Design and building materials standards may be imposed on accessory buildings.
        4. d.
          Asphalt or other hard surface parking may be required to complement the character of the surrounding area.
    6. H.
      Temporary Cellular Antenna Towers
      1. 1.
        Temporary cellular antenna towers shall be subject to approval by the Boone County Planning Commission through the Uniform Application process. The tower shall be located on the subject site no more than six (6) months or a time period specifically agreed upon by the Planning Commission and the applicant. The 6 month or agreed upon time period shall start once Boone County Building Department issues a Building Permit. Temporary cellular antenna towers shall be limited to an overall height of seventy (70) feet and shall be subject to the same setback and fencing requirements (landscaping not required) as a permanent tower. Removal of the accessory structures and privacy fencing shall occur within thirty (30) days of the temporary cellular antenna tower being removed from the site. A temporary cellular antenna towers shall be permitted by right when a permanent cellular antenna tower has been approved for the same applicant and on the same property, until such time that the permanent facility is constructed.
    7. I.
      Waiver of Requirements
      1. 1.
        When reviewing a Uniform Application, the Boone County Planning Commission can modify or waive any design guideline if there are special circumstances or conditions. Examples would be waiving the height limit because the permitted tower height does not allow the applicant to fulfill their coverage objectives or reducing setbacks requirements because there is mature vegetation in a portion of a site that will minimize the visual impact on the area and adjoining uses.
      2. 2.
        The following information shall be submitted by the applicant if the following Waivers are sought:
        1. a.
          Tower Height Waiver - a written statement and propagation plots shall be submitted by the wireless provider’s radio frequency department indicating why the increased tower height is needed to fulfill coverage objectives.
        2. b.
          Note: The wireless provider locating at the highest elevation of the tower shall submit this documentation in the event that a building to suit company, such as Crown Castle, proposes a new cellular antenna tower with a height waiver.
        3. c.
          Setback Waiver - Applicants shall submit an explanation indicating why the setback waiver is being sought. The applicant shall be responsible to identify other areas on the subject site where the setback(s) can be met or better achieved and where their coverage objectives will be met.
    8. J.
      Kentucky Public Service Commission Notification
      1. 1.
        Upon the approval of an application for the construction of a cellular antenna tower by the Planning Commission, the applicant shall notify the Public Service Commission within ten (10) working days of the approval. The notice to the Public Service Commission shall include a map showing the location of the construction site. If an applicant fails to file notice of an approved uniform application with the Public Service Commission, the applicant shall be prohibited from beginning construction of the cellular antenna tower until such notice has been made.
    9. K.
      Appeal
      1. 1.
        A party aggrieved by a final action of the Planning Commission under the provisions of KRS 100.985 to 100.987 may bring an action for review in any court of competent jurisdiction.

    Effective on: 12/20/2022

    Section 3197.3 Small Cellular Poles (applies to the City of Florence only)

  • A.
    Intent
    1. 1.
      These regulations seek to balance the public need for access to reliable telecommunication infrastructure and service against the potential adverse community land use impacts. The intent is to regulate the location and placement of telecommunication poles and associated equipment because such deployment can affect the aesthetics and visual character of the environment.
  • B.
    Pre-Application
    1. 1.
      Prior to submitting a Uniform Application, an applicant is required to contact the Boone County Planning Commission and request a pre-application meeting with Staff. The purpose of the pre-application meeting is to advise the applicant of the submittal procedure and requirements. It is recommended that the applicant arrange the pre-application meeting with not only the Staff, but also with any applicable utility providers, the local governmental entity and the property owner on which the Small Cellular Pole or co-location is proposed.
  • C.
    Application Submittal Requirements
    1. 1.
      All proposed Small Cellular Poles and co-locations shall be subject to administrative review and approval by the Staff of the Boone County Planning Commission based upon the application submittal requirements, design standards, and review criteria outlined below. Written permission from the property owner, either through the encroachment permit process or a letter from the private property owner, is required to be submitted prior to construction or installation.
  • D.
    New Poles
    1. 1.
      A Uniform Application and fee are required to be submitted. In addition, the applicant and/or wireless provider shall provide a written coverage objective and accompanying propagation maps showing the existing and proposed coverage area for the proposed Small Cellular Pole site and all adjacent sites for the subject wireless provider. The required information shall demonstrate whether the proposed pole location is necessary to fill a gap of coverage. The applicant and/or provider shall also provide written proof that co-location on an existing utility pole, traffic control pole, or other structure are prohibitive or that there are no alternate sites that would have a lesser visual and land use impact while providing comparable service.
    2. 2.
      A statement by an authorized representative that the applicant and/or provider holds all local, state, and federal applicable approvals (including but not limited to franchises, permits and licenses) to construct and operate the proposed Small Cellular Pole site.
    3. 3.
      A detailed site development plan, signed and sealed by a professional engineer or surveyor registered in Kentucky, showing the proposed location of the Small Cellular Pole and properly identifying all structures (e.g. buildings, utility poles, etc.) easements, right of ways, driveways, parking lots, and other utilities (overhead and underground) within two hundred (200) feet of the proposed site (includes across the street). The plan shall also show all existing Small Cellular Poles or towers (cellular, electrical, water, etc.) that are located within five hundred (500) feet of the proposed new Small Cellular Pole location.
    4. 4.
      A vertical profile drawing showing dimensions, structure materials and color of the Small Cellular Pole signed and sealed by a professional engineer registered in Kentucky indicating the height of the pole and the placement of all antennas and equipment (including lighting). The applicant shall also identify all projected noise levels from the proposed equipment and its impact on adjacent properties.
    5. 5.
      Written approval from the property owner stating the applicant has permission to construct a Small Cellular Pole on their property. In the case of public right-of-way, the review and approval of a Small Cellular Pole site by the Planning Commission is contingent on the issuance of an encroachment permit by the governmental entity.
    6. 6.
      Photographs from the proposed pole location taken in four directions.
    7. 7.
      Photographs and distance measurements of the utility poles that are nearest to the proposed pole site.
  • E.
    Co-locations
    1. 1.
      A Uniform Application and fee are required to be submitted. In addition, the applicant and/or wireless provider shall provide a written coverage objective and accompanying propagation maps showing the existing and proposed coverage for the proposed Small Cellular Pole site and all adjacent sites. The required information shall demonstrate whether the proposed co-location is necessary to fill a gap of coverage.
    2. 2.
      A statement by an authorized representative that the applicant and/or provider holds all local, state, and federal applicable approvals (including but not limited to franchises, permits and licenses) to operate the proposed Small Cellular Pole site.
    3. 3.
      A detailed site development plan, signed and sealed by a professional engineer or surveyor registered in Kentucky, showing the proposed location of the Small Cellular antennas and equipment on the colocation structure and properly identifying all structures (e.g. buildings, utility poles, etc.) easements, right-of-ways, driveways, parking lots, and other utilities (overhead and underground) within two hundred (200) feet of the proposed site (includes across the street).
    4. 4.
      A vertical profile drawing, signed and sealed by a professional engineer registered in Kentucky, indicating the height of the co-location structure and the proposed placement of all small cellular antennas and equipment (including lighting). The applicant shall also identify all projected noise levels from the proposed equipment and its impact on the adjacent properties.
    5. 5.
      Written approval from the property owner stating the applicant has permission to co-locate Small Cellular antennas and equipment on their property. In the case of the public right-of-way, the review and approval of a co-location by the Planning Commission is contingent on the issuance of an encroachment permit by the governmental entity.
    6. 6.
      Photographs of the from the proposed co-location site taken in four directions.
  • F.
    Processing of Application
    1. 1.
      The Planning Commission Staff shall review and take final action on an application for a new Small Cellular Pole within thirty (30) days of a completed application. This time period will not begin until the filing fee is submitted and the application is deemed complete by Staff. The Staff shall approve, approve with conditions, or deny the application. If the Staff does not make a final decision within the required thirty (30) days, the application shall be deemed to be approved as submitted. An applicant may request a written extension of the thirty (30) day time limit for up to thirty (30) additional days. Any party aggrieved by the final action of the Planning Commission Staff shall follow the Uniform Application appeals process under the provisions of KRS 100.985 to 100.987 and may further bring an action for review in any court of competent jurisdiction.
  • G.
    Design Standards
    1. 1.
      Small Cellular Poles and co-locations shall be permitted in all zoning districts, on private property, and in the public right of way provided they meet these applicable regulations and they do not interfere with other utilities, functionality of sidewalks, visibility, or other matters of public safety. The installation of a Small Cellular Pole and/or antennas and equipment is subject to the following Design Standards identified below:
      1. a.
        Small Cellular Poles shall not exceed thirty five (35) feet in height from grade. An antenna or similar type structure of six (6) feet or less in height can be installed on a pole and it does need to meet the thirty-five (35) feet pole height requirement. Note - Small cell co-locations shall be limited to forty-one (41) feet in height. Co-locations more than forty-one (41) feet above grade shall be treated as a cellular antenna tower colocation.
      2. b.
        The utilization of existing utility, traffic control, or other previously erected poles is encouraged where feasibly possible.
      3. c.
        New Small Cellular Poles shall utilize materials, colors, and textures that are generally compatible with existing structures in the immediate area. This includes neighboring buildings, utility poles, and traffic control poles located on both public and private property. Architectural grade or some type of decorative metal with a dark finish is recommended. Stealth design/technology is also encouraged. Final determination and options of the required pole design and materials used will be at the discretion of the Planning Commission by the designated Zoning Administrator in order to be in substantial compliance with these regulations.
      4. d.
        New Small Cellular Poles shall maintain a minimum distance from the nearest residential structure equal to twice the height of the proposed pole.
      5. e.
        Noise levels from any antennas or equipment shall not be discernable at the closest principal residential structure. If noise levels are objectionable, the applicant shall muffle the sound to meet the requirements or eliminate the fan generating the noise, or remove the pole, antennas, and equipment upon written notification.
      6. f.
        New Small Cellular Poles shall be designed and constructed to accommodate a minimum of two (2) service providers.
      7. g.
        ​​​​​​​If a Small Cellular Pole is proposed to be located in an area where there are underground utilities or where no adjacent overhead utilities exist, the applicant shall pursue options other than a stand alone overhead utility pole.
      8. h.
        ​​​​​​​A new Small Cellular Pole shall not be located within five hundred (500) feet of another existing Small Cellular Pole.
      9. i.
        ​​​​​​​Priority shall be given to located new Small Cellular Poles in the public right-of-way according to the hierarchy of roads: interstate, arterial, collector, sub-collector, alley, and local.
      10. j.
        ​​​​​​​Priority shall be given to Small Cellular Systems locating on existing utility poles in order to minimize the proliferation of poles and their impact on the community.
      11. k.
        ​​​​​​​Small Cellular Poles shall be located and designed so as to minimize the visual impact on surrounding properties and from public streets, including locating poles as close as possible to property lines, lot corners, and away from the center of the property frontage.
      12. l.
        ​​​​​​​Any cable connecting antenna to the equipment box shall be flush mounted to the pole or co-location structure. In addition, the cable shall be fully contained in a metal or plastic conduit pipe that complements the pole or co-location structure. All such conduit pipes shall be properly secured and maintained by the applicant or property owner.
      13. m.
        ​​​​​​​No signage or advertising is permitted on a Small Cellular Pole or co-location site with the exception of public safety or emergency contact information.
      14. n.
        ​​​​​​​No lights are permitted on a Small Cellular Pole or co-location site unless it's a dual purpose decorative light pole or required by a federal agency or local government. No flash or beacon lighting is permitted.
      15. o.
        ​​​​​​​Every Small Cellular Pole and associated equipment must be removed at the cost of the owner/provider when it is no longer in use or when it has not been in operation for a continuous period of six (6) months. The Small Cellular Pole and associated equipment must be removed with ninety (90) days after receiving notice from the Boone County Planning Commission or a legislative unit.
      16. p.
        ​​​​​​​Any modification of an existing Small Cellular Pole or co-location site shall be required to be reviewed and approved by the Boone County Planning Commission Staff. Addresses for Small Cellular Poles and co-location sites shall be assigned by the Boone County Planning Commission.
  • H.
    Application Review Criteria
    1. 1.
      The review of each application shall be based upon the information submitted, the merits of the application, substantial compliance with these regulations and following criteria. The application shall be subject to administrative approval by the Staff of the Boone County Planning Commission:
      1. a.
        ​​​​​​​Is the application consistent and in substantial compliance with the design standards for Small Cellular Poles as noted in these regulations?
      2. b.
        ​​​​​​​Does the application minimize the adverse impacts on adjacent land uses and public safety?
      3. c.
        ​​​​​​​Can the Small Cellular equipment be co-located onto an existing utility pole, structure, building, etc.? Has it been appropriately pursued by the applicant?
      4. d.
        ​​​​​​​Does the proposed Small Cellular Pole conform with the visual character of the surrounding area (i.e., adjacent poles, primary structures etc.)?
  • I.
    Wavier of Standards or Requirements
    1. 1.
      When reviewing a Uniform Application for a Small Cellular Pole site, the Boone County Planning Commission can modify or waive any of the design standards or requirements in these regulations due to special circumstances, conditions or hardship. an applicant may file an application to waive such a requirement. The Planning Commission through its designee (Zoning Administrator) will review such application and the information provided by the applicant and make a final determination on the waiver request based on substantial compliance with the applicable standards and requirements.

    • Effective on: 12/20/2022