Franklin County Unincorporated
City Zoning Code
City Zoning Code
CONDITIONAL USES
§ 155.105 GENERAL.
Wherever any conditional use is considered by the Board of Zoning Adjustments, the Board shall determine that the following conditions have been met.
(A) Street or road capacity and condition is adequate to serve anticipated additional traffic.
(B) Public facilities required are available.
(C) The conditional use proposed is in accordance with the intent of the zoning district within which it will be located.
(D) The proposed use, will have no adverse effect upon the adjacent or surrounding property.
(E) Appropriate screening or buffering is provided.
(H) The use and development of land, complies with the adopted Comprehensive Plan.
(Ord. 8, passed 10-23-1987, § 15.01)
§ 155.106 SPECIFIC CONDITIONS.
In addition to the above general conditions, the Board shall evaluate the standards and conditions for those uses which follow and for which specific conditions are established.
(Ord. 8, passed 10-23-1987, § 15.02)
§ 155.107 CEMETERIES AND MAUSOLEUMS.
(A) Location. A cemetery or mausoleum may be granted a conditional use by the Board of Zoning Adjustments to locate in any AG, RR, RA, RB, RC, RD, CL, CH or IC Zone.
(B) Site plan. Any proposal for a cemetery or mausoleum shall be accompanied by a site plan showing all ingress, egress, building sites, external rod system and such information as may be required by the Board of Zoning Adjustments.
(C) Accessory uses. Any accessory uses included on the site must be clearly defined and all such accessory uses and be no more objectionable than the principal use.
(D) Area. Any new cemetery shall be located on a site not containing less than 20 acres.
(E) Setback. All structures including, but not limited to, mausoleums, permanent monuments or maintenance building shall be set back not less than 35 feet from any property line or street right-of-way line and all graves or burial lots shall be set back not less than 25 feet from any property line or street right-of-way.
(F) Landscaping. All required yards shall be landscaped and maintained.
(G) Compatibility. The proposed use must be entirely compatible with adjacent and surrounding land uses.
(H) Access. Access to the proposed site must be adequate in order that traffic and funeral processions to the site will create a minimum of interference with normal traffic operations. All principal entrances shall be from at least a collector street.
(Ord. 8, passed 10-23-1987, § 15.03)
§ 155.108 CIVIC, COMMUNITY OR PRIVATE CLUBS.
(A) The Board of Zoning Adjustments shall hold public hearing before issuing a conditional use permit for civic or community clubs.
(B) Such hearing shall determine that:
(1) The design of the structure is compatible with the surrounding neighborhood;
(3) Adequate access is provided to an arterial or collector street and traffic is not required to travel through a residential neighborhood. Principal access is prohibited to local neighborhood streets; and
(4) The civic, community or private club is organized as a non-profit service oriented association.
(Ord. 8, passed 10-23-1987, § 15.04)
§ 155.109 CHURCHES AND RELIGIOUS ORGANIZATIONS.
(A) The Board of Zoning Adjustments shall hold a public hearing before issuing a conditional use permit for a church, temple, synagogue or other structure for religious activities.
(B) Such hearing shall determine that:
(1) The design of the structure is compatible with the surrounding neighborhood;
(3) Adequate access is provided to an arterial or collector street and traffic is not required to travel through a residential neighborhood. Principal access is prohibited to local neighborhood streets.
(Ord. 8, passed 10-23-1987, § 15.05)
§ 155.110 DAY CARE CENTERS, NURSERIES AND KINDERGARTENS.
(A) Location.
(1) A day care center, nursery or kindergarten may be granted a conditional use is the RR, RA, RB, RC, RS and RD Zone Districts and shall contain no more than six children. A day care center, nursery or kindergarten may be granted a conditional use in the RL and RH Zone Districts, but shall contain no more than 12 children. Any day care center, nursery or kindergarten proposed to be located within a church in any residential (R) zone district may be granted a conditional use for more than six or 12 children; provided that, all requirements listed under this section are met. Signs shall not be permitted to advertise this business.
(2) Day care centers, nurseries or kindergartens shall be permitted in the PO, CL, CG, CH, IC, IG and AG Zone Districts for up to 35 children. The applicant shall comply with all requirements of this section. When said day care center abuts property zoned or used for residential purposes, a conditional use permit shall be required. If a day care center, nursery or kindergarten in the PO, CL, CG, CH, IC, IG and AG Zone Districts proposes to have over 35 children, a conditional use permit shall be required.
(B) Site plan. Any proposed day care center, nursery or kindergarten shall provide a site plan showing all ingress and egress, parking, structure site and playing area.
(C) Total area. The total lot area of any day care center, nursery or kindergarten shall not be less than 5,000 square feet.
(D) Play area. All day care centers, nurseries or kindergartens shall provide a fenced play area of 1,500 square feet for the first ten children with 100 additional square feet for each additional child. No portion of the play area shall be closer than 35 feet to any public street.
(E) Interior space. Usable interior space within any child care facility shall be not less than 35 square feet per child. Kitchen, bath restroom or passageway shall not be counted as usable space.
(Ord. 8, passed 10-23-1987, § 15.06)
§ 155.111 HOME OCCUPATIONS.
(A) Purpose and location. A home occupation is an accessory use which is incidental to the use of the dwelling for residential purposes. Regulations governing home occupations are intended to protect residential districts from commercial encroachment, maintain the character of the neighborhood, prevent an undue increase in traffic or parking problems on local streets, but at the same time provide a means for individuals to operate businesses customarily conducted from private homes. Such permits may be granted in any zoning district where residences are permitted.
(B) Classification. Home occupations will be categorized into two different types: minor home occupations and major home occupations. Minor home occupations may be administratively approved; provided that, the applicant meets all criteria set forth in this section. Major home occupations shall require a conditional use permit by the Board of Zoning Adjustments prior to the issuance of a business license.
(1) (a) Minor home occupations may be administratively approved when the following conditions are met.
1. No person other than a resident of the dwelling unit shall be engaged or employed in the home occupation.
2. There shall be no visible exterior evidence of the conduct of the occupation.
3. No advertisement shall be placed in any media (newspaper, magazine, telephone directory, radio television) containing the address to the property.
4. No customers/students/clients will be allowed on site.
5. The home occupation shall not create the need for off-street parking beyond normal dwelling needs and will not generate additional traffic.
(b) No business license shall be issued for the conduct of a minor home occupation until the applicant has shown that all criteria and conditions of this section have been met.
(2) Major home occupations shall require approval of a conditional use permit from the Board of Zoning Adjustments. In order for the Board of Zoning Adjustments to approve a major home occupation, the following conditions must be met.
(a) Employees working or meeting at the home occupation site shall be limited to persons who reside in the dwelling unit; except that, one non-resident employee shall be permitted to be at the site at any one time.
(b) No more than two customers, clients or pupils shall be permitted on the site at any one time; except that, an occupant of a single-family dwelling may provide group or professional therapy for no more than four individuals at one time.
(c) Any major home occupation that accommodates customers, clients or pupils on the site shall not be permitted to operate between the hours of 9:00 p.m. and 7:00 a.m.
(d) No non-resident employee may work at a home occupation between the hours of 9:00 p.m. and 7:00 a.m.
(e) The home occupation shall not have more than one non-illuminated sign not exceeding two square feet in area, and this sign shall not be free-standing.
(f) Deliveries associated with the home occupation shall not be made using tractor-trailers. No more than two commercial deliveries (e.g., UPS, Federal Express and U.S. Postal Service Express Mail) shall be made in any 24-hour period.
(C) Permit. No business license for a major home occupation shall be issued unless either a conditional use permit has been issued by the Board of Zoning Adjustments for major home occupation or, in the case of minor home occupations, the applicant has shown that all conditions listed under this section have been met.
(D) Permit, not transferable. A special permit for a home occupation is not transferable. A new permit must be applied for whenever there is a change in the occupations, occupant or address.
(E) Retail activities. Generally, only handmade items, crafts made in the home and sale items in conjunction with the services may be offered for sale on the premises. No other goods, products or commodities bought for the express purpose of resale shall be sold at retail or wholesale on the premises, nor shall such goods or products be stored or displayed on the premises or distributed to other locations. This provision is not meant to prohibit the storage of goods sold through a mail-order or online sales business as long as the storage of those goods does not violate any other provision of this regulation.
(F) Occupation types.
(1) The following uses are prohibited as home occupations: barber shops; beauty parlors; automobile and small engine repair; medical or dental office, other than psychiatry/psychology; home cooking and catering; private clubs; eating and drinking establishments; fortunetellers; health spas (excluding personal trainers/massage therapist); hotels/motels; wholesale and retail; and kennels.
(2) If, in the opinion of the permit issuing authority, a use or activity that is proposed as a home occupation is not specifically listed as prohibited, but has characteristics of a use or uses that are listed and could negatively impact the residential character of the neighborhood in which it is proposed, then that use/activity shall be prohibited as a home occupation. Such determinations may be appealed to the Board of Zoning Adjustments.
(3) Note: agriculture-related “homebased processing and microprocessing” taking place in accordance with HB391 and KRS 217.005 through KRS 217.215 shall not be prohibited by the preceding list of occupation types.
(G) Limitation on area. The use of the dwelling for the home occupation shall be clearly incidental and subordinate to the use of the dwelling for residential purposes. A home occupation shall occupy less than 50% of the floor area of the principal dwelling unit, when the occupation is located in an accessory structure the area of the accessory structure may be counted towards the floor area of the principal dwelling unit.
(H) Location. The operation of home occupations shall be limited to the dwelling unit (including the basement and attached garage) and one roofed and fully enclosed accessory structure located on the site.
(I) Parking. Parking facilities required by this chapter have been provided and shall not alter the residential character of the lot.
(J) Alteration of structure. No residential structure shall be altered or added to in such a manner that the alteration would conflict with the residential nature of the structure were no home occupation in use.
(K) No products or processing. Except for the creation and production of arts and crafts, there shall be no good, samples, materials or objects sold, stored, displayed, manufactured or processed on the premises in connection with the operation; however, this section shall not prohibit dressmaking or tailoring wherein goods are not manufactured or processed as stock for sale or distribution, nor shall it prohibit the production and incidental sale of arts and crafts which have been created by the occupant of the premises.
(L) Fire rating. No electrical or mechanical equipment or processes that would change the fire rating of the dwelling unit shall be permitted. No home occupation may cause odor, vibrations, fumes or glare which is beyond the scope of odors, vibration, fumes or glare which could result from typical behaviors in a residential setting. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.
(Ord. 8, passed 10-23-1987, § 15.07; Ord. 4-2012, passed 3-1-2012)
§ 155.112 SCHOOLS, PARKS, PLAYGROUNDS AND RELATED FACILITIES.
(A) The Board of Zoning Adjustments may issue a conditional use permit for schools, parks, playground or outdoor recreational facilities in any zone, listed in the chart of permitted uses, after first holding a hearing to determine compatibility with the surrounding development.
(B) Each site or facility must be proposed in accordance with the Comprehensive Plan for Frankfort and the county.
(C) Elementary schools, parks and playgrounds providing active and passive participant recreation for a neighborhood can be located in any zone provided adequate access is provided to such a facility.
(D) Off-street parking is provided.
(E) Adequate provision is made for safe loading and unloading of children on site.
(Ord. 8, passed 10-23-1987, § 15.08)
§ 155.113 RETAIL USES IN MULTI-FAMILY RESIDENCE ZONES.
(A) Purpose. Limited retail facilities may be permitted within multi-family residential structures only to provide a needed facility to residents of that multi-family complex.
(B) Access. Retail facilities so permitted shall be within a residential building and have access only from an interior corridor and court. No such facility may have direct access or exposure form a public street.
(C) Location. All such facilities shall be limited to the ground floor of any residential structure.
(D) Signs. In addition to other regulations governing signs in general or signs for conditional uses, any sign for commercial uses in a residential district shall be limited to six square feet exposed only to interior corridor or court. In addition, a sign limited to two square feet may be permitted along a public street on which the residential complex fronts.
(Ord. 8, passed 10-23-1987, § 15.09)
§ 155.114 DRIVE-IN THEATERS.
(A) Location. Drive-in theaters may be permitted in an AG, CH or IC Zoning District.
(B) Access.
(1) The site must have direct access to an arterial road as identified to the functional street classification map.
(2) In addition to the required setback from streets and highways, all yards shall be planted and maintained as a landscaped strip.
(C) Screening and visibility. The theater, viewing screen shall not be visible from any public street within 1,500 feet. In addition, cars parked in the viewing area shall be screened on all sides by a wall, fence or densely planted evergreen hedge not less than six feet in height.
(D) Stacking and loading. Loading space for patrons waiting for admission to the theater shall be equal to 20% of the capacity of the theater. All entrances and exits shall be separated and internal circulation shall be laid out to provide one-way traffic.
(E) Accessory sales. Sale of refreshments shall be limited to patrons of the theater. Amusement parks or kiddylands shall be accessible only to the patrons of the theater.
(F) Lighting. All parking area and access ways shall be adequately lighted; provided, however, that, such lighting shall be shielded to prevent any glare or reflection onto a public street or onto neighboring properties.
(G) Noise. No central loudspeakers shall be permitted.
(Ord. 8, passed 10-23-1987, § 15.10) Penalty, see § 155.999
§ 155.115 JUNK, WRECKING AND AUTOMOBILE STORAGE YARDS.
Because of the nature and character of junk, wrecking and automobile storage yards, the Board of Zoning Adjustments may issue special exceptions for such uses in the IG Zones.
(Ord. 8, passed 10-23-1987, § 15.11)
§ 155.116 PROCESSING.
Except for processing of metal salvage, all other waste processing shall be entirely within an enclosed building. No processing operation shall be permitted closer than 300 feet from an established residential district.
(Ord. 8, passed 10-23-1987, § 15.12) Penalty, see § 155.999
§ 155.117 SCREENING.
All outdoor storage of salvage and wrecking operations shall be conducted entirely within an enclosed opaque fence or wall, except driveway areas, designed to obscure the view of any wrecked cars from the road. Such fence or wall shall be constructed on or inside the front, side and rear yard setback lines required within the district in which it is located and shall be constructed in such a manner that no outdoor storage or salvage operations shall be visible from an adjacent property, street or highway. Storage, either temporary or permanent, between such fence or wall and property line is expressly prohibited.
(Ord. 8, passed 10-23-1987, § 15.13) Penalty, see § 155.999
§ 155.118 ACCESS DRIVEWAYS.
One access driveway shall be permitted on any single street frontage.
(Ord. 8, passed 10-23-1987, § 15.10) Penalty, see § 155.999
§ 155.119 SHARED FAMILY DWELLINGS AND/OR MINI NURSING HOMES.
(A) Purpose. Regulations governing shared family dwelling and/or mini nursing homes are intended to provide opportunities for safe, sanitary and affordable housing to single parents, elderly and disabled persons allowing a “sharing” of the dwelling. They are also sharing to provide security, companionship and sharing household tasks and savings in household expenses. The residents of nature and such a dwelling shall not be used to provide temporary or transient housing. No portion of these regulations is to be interpreted as applying to limited care/treatment center or half-way houses.
(B) Definition. SHARED FAMILY DWELLINGS and/or MINI NURSING HOMES (for the developmentally disabled) shall be any building occupied by not more than four developmentally disabled residents, who shall be supervised and monitored in their daily activities by a recognized local social services agency, in which the common areas and facilities are shared, thus meeting their household needs.
(C) Conditions. In order to ensure compliance with the above definition and intended use of shared family dwellings and/or mini nursing homes, the Board of Zoning Adjustments shall determine and provide adequate conditions for each conditional use permit issued as follows:
(1) Determine that the recognized local social services agency is in fact an agency currently operating in Frankfort/Franklin County; and
(2) Attach reasonable conditions to ensure that each such dwelling is monitored on a regular basis by the recognized local social service agency, such schedule to be determined by the Board. Any change in site location or monitoring agency will cause the conditional permit use to become null and void.
(D) Location. Shared family dwellings and/or mini nursing homes are permitted in any multi-family district, except shall be permitted only as a conditional use in the following zone districts: PO (Professional Office); RD (Two Dwelling District); and RL (Low Density Multi-Family).
(E) Limitation of occupancy. A shared family dwelling and/or mini nursing home shall consist of two or more private spaces for the exclusive use of an individual “family unit” and common spaces shared by these “families”. These common spaces shall include a kitchen, dining and living area.
(F) Alteration of structure. No residential structure shall be altered or enlarged beyond its existing exterior walls in order to accommodate the shared family dwelling and/or mini nursing home. In addition, no structure shall be internally remodeled to accommodate the addition of more bedrooms for a shared family and/or mini nursing home use than those that organically existed; except that, a three- bedroom house may be enlarged, via interior remodeling only, to a four-bedroom house.
(Ord. 8, passed 10-23-1987, § 15.15) Penalty, see § 155.999
§ 155.120 CHARITABLE INDIGENT LIMITED CARE FACILITY.
(A) Purpose. Provide services to individuals and families on a temporary basis only, who are indigent, and are existing in a level of poverty in which real hardship and deprivation are suffered and the comforts of life are wholly lacking. Such facilities shall be operated only by recognized local charitable organizations.
(B) Definition. A CHARITABLE INDIGENT LIMITED CARE FACILITY shall be any part of a building or building in which is recognized local charitable organization (such as a church, church group, coalition of local churches, Salvation Army or American Red Cross) operates a facility to meet the needs of indigent individuals and families on a temporary basis only. No full-time living quarters are to be provided for either indigents or staff in said facility. A CHARITABLE INDIGENT LIMITED CARE FACILITY is an organization whose purpose is to provide temporary care for the indigent of the community and help them find additional assistance with other agencies within the community.
(C) Conditions. The following minimum conditions must be met prior to using any building for a charitable indigent limited care facility:
(1) A minimum of 40 square feet of usable area must be provided for each person housed. Not to include square footage of the church, sanctuary, mechanical areas, kitchens, bathrooms, hallways or offices. Maximum number of overnight inhabitants shall not exceed 30; and
(2) Must provide off-street parking for three vehicles, plus one for every two full-time employees. Parking must be in a designated facility. If parking area is not owned by facility operator, written consent must be provided by the property owner.
(Ord. 8, passed 10-23-1987, § 15.16) Penalty, see § 155.999
§ 155.121 BARS AND TAVERNS.
(A) Purpose. To promote and/or protect the public health, safety, morals and general welfare of the community; to facilitate orderly growth and development through the proper consideration of the nature and character of the bar and/or tavern and its relationship to agricultural, rural and similar residential uses and with a view to preserving property value and to insure the maintenance of quality of life. The herein stated use is established to regulate the location and the ingress and egress to the property.
(B) Definition. BARS AND TAVERNS shall be any business that holds a license to sell beer, wine and/or liquor by the drink.
(C) Conditions. In order to limit the adverse effect on adjacent surrounding property, the following conditions must be met prior to the issuance of any conditional use permit by the Board of Zoning Adjustments.
(1) The proposed bar and/or tavern must be at least 500 feet from any residential zoning district or residential use. This includes property across the street.
(3) Principal access shall be from a frontage road or an interior drive.
(4) Any proposal for a conditional use shall be accompanied by a site plan showing all ingress, egress, landscaping, building site (existing and proposed) all utilities, means of fire protection, parking layout and other information as may be required by the staff or the Board of Zoning Adjustments.
(Ord. 8, passed 10-23-1987, § 15.17) Penalty, see § 155.999
§ 155.122 BED AND BREAKFAST HOMES.
(A) Purpose. The regulation governing bed and breakfast homes are designed to allow a homeowner in Rural Residential (RR), High Density Multi-Family Residential (RH) and the Agricultural (AG) Zone Districts to operate a transient overnight lodging business strictly as an accessory use to the residence with approval by the Board of Zoning Adjustments.
(B) Definition. A BED AND BREAKFAST HOME is defined as a single-family resident in which overnight accommodations are provided or offered for transient guests for compensation, and in which no more than two family-style meals are provided per a 24-hour period.
(C) Conditions. In order to ensure compliance with the above definition and intended use of a bed and breakfast home, the Board of Zoning Adjustments shall determine that the following conditions for each conditional use permit are met.
(1) Location. Bed and breakfast homes may be located in any single-family residential structure in a High Density Multi-Family (RH), Agricultural (AG) and Rural Residential (RR) Zone District; provided that, a conditional use permit has been issued by the Board of Zoning Adjustments.
(2) Limitation of occupancy. A bed and breakfast home shall be limited to six lodging units or bedrooms provided for guest accommodations. The maximum length of stay for any guest shall be six nights. The resident owner shall keep a current guest register, including names, addresses and dates of occupancy of all guests.
(3) Owner residency. The owner of any single-family residential structure where a bed and breakfast home is located must reside at the home.
(4) Alteration of structure. No structure shall be altered or enlarged beyond its existing exterior walls in order to accommodate the bed and breakfast use.
(6) Signs. Any sign that is provided for this use shall not exceed two square feet.
(7) Licensing. The owner of the bed and breakfast shall be required to obtain approval and licensing from the state’s Health Department for septic systems.
(Ord. 8, passed 10-23-1987, § 15.18) Penalty, see § 155.999
§ 155.123 CRAFT DISTILLERIES AND SMALL FARM WINERIES (NOT IN INDUSTRIAL DISTRICTS).
(A) Purpose. The purpose of this section is to define a “craft distillery” and “small farm winery” and place conditions upon its operation that will allow it to be an asset to its immediate surroundings as well as to prevent any conflicts with the rural nature of the location of said distilleries.
(B) Conditions. In order to limit the adverse effect on adjacent surrounding property, the following conditions must be met prior to the issuance of any conditional use permit by the Board of Zoning Adjustments.
(1) Delivery of any supplies and pick-up of finished products shall not be carried out by vehicles with more than three axles.
(2) The distillery/winery shall not operate between the hours of 9:00 p.m. and 7:00 a.m. (with the exception of any incidental activities of an agricultural nature). (*The fermentation of the distillery’s product does not constitute “operation” for the purposes of this requirement.)
(3) The craft distillery/winery must be located on a lot that is a minimum of 50 acres.
(4) If a distillery, the location of the actual distillery facility (i.e., mashtun, fermenters, still or bottling facilities) shall be located a minimum of 150 feet from every property line. In the case of a winery the location of the fermenters, and bottling facilities shall be located a minimum of 150 feet from every property line.
(5) Any retail sale on site shall be clearly incidental to the distillery operation and in compliance with the applicable state and federal statutes.
(6) Craft distilleries or small farm wineries in residential or agricultural zones shall not produce more than 50,000 gallons per year of finished product. This production maximum includes any product distilled off-site and/or shipped in to be blended and/or bottled on site. (**For reference, “small farm wineries” have a maximum production of 50,000 gallons annually as licensed in the commonwealth.)
(7) Any proposal for a conditional use shall be accompanied by a site plan showing all ingress, egress, building site (existing and proposed), all utilities, means of fire protection, parking layout and other information as may be required by the staff or Board of Zoning Adjustments.
(Ord. 8, passed 10-23-1987, § 15.19; Ord. 3 (2010), passed 5-21-2010) Penalty, see § 155.999
§ 155.124 RESIDENTIAL RECOVERY FACILITY.
(A) Location. A residential recovery facility may be granted a conditional use by the Board of Adjustments to locate in any AG, RR, RB, PO, CL, CG, CH, IC, or IG zone.
(B) Site plan. Any proposal for conditional use shall be accompanied by a site plan which shows any (existing or planned) ingress, egress, screening, parking, and other information as may be required by the Board of Zoning Adjustments.
(C) Parking. Adequate provision shall be made for off-street parking. The Board of Zoning Adjustments shall have discretion to determine whether proposed parking is adequate, and shall consider the factors relevant thereto, including (without limitation) whether participants enrolled in the recovery program will be permitted to park at the residential recovery facility.
(D) Screening. Screening of any kind is not presumed to be required, but the Board of Adjustments may require such screening as it determines is necessary to comply with the comprehensive plan as a condition for the conditional use.
(E) Lot size. The minimum lot size for a residential recovery facility in any AG or RR zone is five acres, except that if the residential recovery facility has an occupancy of more than 16 persons (excluding staff), then the minimum lot size is ten acres.
(F) Waste management. Any residential recovery facility located on a lot which is not connected to public sewer shall obtain inspection and approval of the Franklin County Health Department of its septic system.
(G) Fire Department pre-plan. Prior to allowing program participants to reside at a residential recovery facility, the owner or operator of the residential recovery facility shall request and permit the Franklin County Fire Department to inspect the residential recovery facility and create a "pre-plan" in accordance with the Franklin County Fire Department's usual and customary procedures.
(Ord. 2-2022, passed 2-11-2022)