H-C, HIGHWAY COMMERCIAL DISTRICT21
Editor's note— Ord. No. 23-14, Exh. A, adopted July 8, 2014, amended art. XXI in its entirety to read as herein set out. Former art. XXI, §§ 21.01—21.06 pertained to similar subject matter, and derived from Ord. No. 12-83, adopted June 28, 1983; Ord. No. 4-96, adopted Feb. 13, 1996; Ord. No. 26-03, adopted Oct. 14, 2003; Ord. No. 18-11, adopted July 12, 2011; and Ord. No. 22-11, Exh. A, adopted Aug. 13, 2011.
This district is established to provide areas for commercial uses which are mainly oriented to vehicular traffic.
(Ord. No. 23-14, Exh. A, 7-8-14)
In all H-C districts, no building or land, except as otherwise provided in this ordinance, shall be erected or used except for the following specified uses:
(a)
Any use permitted in the general business districts.
(b)
Animal hospital or veterinary clinic, provided that any such purpose, including pens, or exercise runways shall be at least two hundred (200) feet from any residential district.
(c)
Commercial greenhouses and plant nurseries, including offices and sales yards, provided that no building for any heating plant, ventilation flue or other opening except stationary windows be located within fifty (50) feet of any residential district.
(d)
Drive-in eating and drinking establishments and branch drive-in banks.
(e)
Farm implement or contractor's equipment display, hire or sales establishment, service and repair shops.
(f)
Mobile home and trailer sales lot.
(g)
Drive-in theaters.
(h)
Truck stop.
(i)
Ice storage and vending.
(j)
Motels/hotels.
(k)
Automobile service stations.
(l)
Restaurants.
(m)
Building supplies.
(n)
New and used automobile and truck sales.
(o)
Drinking establishments or package liquor stores.
(p)
Accessory uses permitted. Accessory uses or buildings customarily incidental to the above permitted uses provided all general and special requirements for principal buildings are met.
(q)
Consumer fireworks, retail sales, storage, and related supplies in accordance with requirements of an ordinance relating to fireworks adopted by the city, and in accordance with the National Fire Protection Association (NFPA 1124).
(r)
Principal use parking lots and garages as defined in section 2.01—Definitions.
(s)
Cannabis dispensary (must meet all of the following conditions).
(i)
Shall not be located within one thousand (1,000) feet of any and all existing elementary or secondary school(s) or daycare center(s);
(ii)
Shall not be located within one (1) mile of another cannabis dispensary as measured from the property line;
(iii)
Shall not be placed next to any residential structure;
(iv)
Exterior signage may only, at most, include text that is the licensee's (1) business or trade name; (2) location and contact information; and (3) business type. Exterior signage cannot include a licensee's logo, symbol, branded colors or any images, including, but not limited to, depicting cannabis/cannabis products or the imagery or action of smoking/vaping. Exterior signs also cannot include mottos, selling messages, or any other nonessential text. Exterior signs must be on the same parcel as the store and affixed to a building or permanent structure (e.g., signpost). Exterior signage cannot be larger than necessary to reasonably display the information on the sign to individuals within or near the licensed premises and cannot be illuminated by neon lights.
(Ord. No. 23-14, Exh. A, 7-8-14; Ord. No. 11-24, Exh. C, 3-19-24; Ord. No. 31-24, Exh. B, 6-25-24)
(a)
Any uses not allowed above, which are of the same general character as the above permitted uses, which will not be detrimental to the district in which they are located, and which will not be objectionable by reason of odors, dust, smoke, cinders, gas fumes, noise, vibrations and refuse matter are eligible for a conditional use permit. The procedure in Section 4.03 shall be followed.
(b)
Shopping centers in conformance with Section 4.39 of these regulations. Shopping centers shall be permitted as conditional uses only in central business and highway commercial districts according to the following conditions.
(c)
Allow multiple uses (businesses), but no more than three (3), may be allowed in the same structure (building) with a conditional use permit.
(d)
Shooting range, indoors (must meet all federal, state, and local regulations).
(e)
Self storage rental units (must meet all of the following conditions):
(i)
Vegetative buffer strips shall be required for construction along and either side of blue-line streams, creeks, rivers, lakes and impoundments, and all streams labeled with names or numbers on the FIRMs;
(ii)
One (1) parking space for every one thousand (1,000) square feet for non-vehicular accessed storage space;
(iii)
Site geometry so that doors (overhead and person) face to the interior of drives;
(iv)
All driving aisles shall be a minimum of twenty-four (24) feet wide and hard surfaced;
(v)
All other associated driving and vehicle storage areas shall be hard surfaced;
(vi)
All buildings must meet Kentucky Building Codes;
(vii)
Exterior of buildings must be compatible to surrounding areas (example brick, siding, stuoco, or eifs) and exterior paint colors, including roof, to be in harmony with other homes and or building (not bold colors) in area;
(viii)
Night sky friendly lighting only; and
(ix)
Heavy planting to serve as softscaping on perimeter.
(f)
Animal cafés.
(g)
Gaming facility as defined under section 2.01.
(h)
Shipping container commercial facilities.
(Ord. No. 23-14, Exh. A, 7-8-14; Ord. No. 16-16, Exh. A, 4-26-16; Ord. No. 24-16, Exh. A, 7-12-16; Ord. No. 26-18, 8-28-18; Ord. No. 19-20, 8-25-20; Ord. No. 23-23, Exh. B, 9-26-23; Ord. No. 01-24, Exh. E, 1-23-24)
(a)
A permanent landscaped buffer of evergreen plant material or a solid wall or fence or other suitable enclosure of a commercial land abutting a residential district.
(b)
There shall be no outdoor storage of merchandise or materials and no outdoor processing in any commercial district unless authorized as a conditional use. All aboveground structures accessory to any outdoor use shall be located a minimum of twenty-five (25) feet from any front lot lines.
(c)
All commercial districts located on lots adjacent to a residential district shall maintain a minimum setback of twenty-five (25) feet on the side adjacent to the residential district for all buildings and appurtenant facilities as a buffer.
(d)
All signs and outdoor advertising displays are subject to the provisions established in Article X.
(Ord. No. 23-14, Exh. A, 7-8-14)
(See attached schedule of regulations, Article XXVII.)
(Ord. No. 23-14, Exh. A, 7-8-14)
H-C, HIGHWAY COMMERCIAL DISTRICT21
Editor's note— Ord. No. 23-14, Exh. A, adopted July 8, 2014, amended art. XXI in its entirety to read as herein set out. Former art. XXI, §§ 21.01—21.06 pertained to similar subject matter, and derived from Ord. No. 12-83, adopted June 28, 1983; Ord. No. 4-96, adopted Feb. 13, 1996; Ord. No. 26-03, adopted Oct. 14, 2003; Ord. No. 18-11, adopted July 12, 2011; and Ord. No. 22-11, Exh. A, adopted Aug. 13, 2011.
This district is established to provide areas for commercial uses which are mainly oriented to vehicular traffic.
(Ord. No. 23-14, Exh. A, 7-8-14)
In all H-C districts, no building or land, except as otherwise provided in this ordinance, shall be erected or used except for the following specified uses:
(a)
Any use permitted in the general business districts.
(b)
Animal hospital or veterinary clinic, provided that any such purpose, including pens, or exercise runways shall be at least two hundred (200) feet from any residential district.
(c)
Commercial greenhouses and plant nurseries, including offices and sales yards, provided that no building for any heating plant, ventilation flue or other opening except stationary windows be located within fifty (50) feet of any residential district.
(d)
Drive-in eating and drinking establishments and branch drive-in banks.
(e)
Farm implement or contractor's equipment display, hire or sales establishment, service and repair shops.
(f)
Mobile home and trailer sales lot.
(g)
Drive-in theaters.
(h)
Truck stop.
(i)
Ice storage and vending.
(j)
Motels/hotels.
(k)
Automobile service stations.
(l)
Restaurants.
(m)
Building supplies.
(n)
New and used automobile and truck sales.
(o)
Drinking establishments or package liquor stores.
(p)
Accessory uses permitted. Accessory uses or buildings customarily incidental to the above permitted uses provided all general and special requirements for principal buildings are met.
(q)
Consumer fireworks, retail sales, storage, and related supplies in accordance with requirements of an ordinance relating to fireworks adopted by the city, and in accordance with the National Fire Protection Association (NFPA 1124).
(r)
Principal use parking lots and garages as defined in section 2.01—Definitions.
(s)
Cannabis dispensary (must meet all of the following conditions).
(i)
Shall not be located within one thousand (1,000) feet of any and all existing elementary or secondary school(s) or daycare center(s);
(ii)
Shall not be located within one (1) mile of another cannabis dispensary as measured from the property line;
(iii)
Shall not be placed next to any residential structure;
(iv)
Exterior signage may only, at most, include text that is the licensee's (1) business or trade name; (2) location and contact information; and (3) business type. Exterior signage cannot include a licensee's logo, symbol, branded colors or any images, including, but not limited to, depicting cannabis/cannabis products or the imagery or action of smoking/vaping. Exterior signs also cannot include mottos, selling messages, or any other nonessential text. Exterior signs must be on the same parcel as the store and affixed to a building or permanent structure (e.g., signpost). Exterior signage cannot be larger than necessary to reasonably display the information on the sign to individuals within or near the licensed premises and cannot be illuminated by neon lights.
(Ord. No. 23-14, Exh. A, 7-8-14; Ord. No. 11-24, Exh. C, 3-19-24; Ord. No. 31-24, Exh. B, 6-25-24)
(a)
Any uses not allowed above, which are of the same general character as the above permitted uses, which will not be detrimental to the district in which they are located, and which will not be objectionable by reason of odors, dust, smoke, cinders, gas fumes, noise, vibrations and refuse matter are eligible for a conditional use permit. The procedure in Section 4.03 shall be followed.
(b)
Shopping centers in conformance with Section 4.39 of these regulations. Shopping centers shall be permitted as conditional uses only in central business and highway commercial districts according to the following conditions.
(c)
Allow multiple uses (businesses), but no more than three (3), may be allowed in the same structure (building) with a conditional use permit.
(d)
Shooting range, indoors (must meet all federal, state, and local regulations).
(e)
Self storage rental units (must meet all of the following conditions):
(i)
Vegetative buffer strips shall be required for construction along and either side of blue-line streams, creeks, rivers, lakes and impoundments, and all streams labeled with names or numbers on the FIRMs;
(ii)
One (1) parking space for every one thousand (1,000) square feet for non-vehicular accessed storage space;
(iii)
Site geometry so that doors (overhead and person) face to the interior of drives;
(iv)
All driving aisles shall be a minimum of twenty-four (24) feet wide and hard surfaced;
(v)
All other associated driving and vehicle storage areas shall be hard surfaced;
(vi)
All buildings must meet Kentucky Building Codes;
(vii)
Exterior of buildings must be compatible to surrounding areas (example brick, siding, stuoco, or eifs) and exterior paint colors, including roof, to be in harmony with other homes and or building (not bold colors) in area;
(viii)
Night sky friendly lighting only; and
(ix)
Heavy planting to serve as softscaping on perimeter.
(f)
Animal cafés.
(g)
Gaming facility as defined under section 2.01.
(h)
Shipping container commercial facilities.
(Ord. No. 23-14, Exh. A, 7-8-14; Ord. No. 16-16, Exh. A, 4-26-16; Ord. No. 24-16, Exh. A, 7-12-16; Ord. No. 26-18, 8-28-18; Ord. No. 19-20, 8-25-20; Ord. No. 23-23, Exh. B, 9-26-23; Ord. No. 01-24, Exh. E, 1-23-24)
(a)
A permanent landscaped buffer of evergreen plant material or a solid wall or fence or other suitable enclosure of a commercial land abutting a residential district.
(b)
There shall be no outdoor storage of merchandise or materials and no outdoor processing in any commercial district unless authorized as a conditional use. All aboveground structures accessory to any outdoor use shall be located a minimum of twenty-five (25) feet from any front lot lines.
(c)
All commercial districts located on lots adjacent to a residential district shall maintain a minimum setback of twenty-five (25) feet on the side adjacent to the residential district for all buildings and appurtenant facilities as a buffer.
(d)
All signs and outdoor advertising displays are subject to the provisions established in Article X.
(Ord. No. 23-14, Exh. A, 7-8-14)
(See attached schedule of regulations, Article XXVII.)
(Ord. No. 23-14, Exh. A, 7-8-14)