The riverfront zones are established as districts which provide for the future development of lands fronting along the river. The specific intent of this article is to:

(1)

Protect the natural beauty element of the river and historic theme of the downtown area;

(2)

Encourage development which will promote tourism and use by the community in the downtown area;

(3)

Plan for development which will complement the central business district.

(4)

Protect our riverfront lands from overdevelopment in the traditional sense. Preserve the openness of the area.

(5)

Encourage the development and enhancement of arts and entertainment facilities and recreational activities;

(6)

Insure that all development is planned in such a way so as to mitigate adverse environmental impacts;

(7)

To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this ordinance;

(8)

To consider the compatibility of proposed uses with existing uses anticipated under the adopted riverfront development plan;

(9)

To protect adjacent residential neighborhoods from depreciation of property values resulting from commercial over zoning and from the overdevelopment or intrusion of undesirable business uses;

(10)

To provide for areas to develop as open green space with no development other than strictly passive recreation areas such as picnic areas, drinking fountains, benches, walkways, and landscaping.

(Ord. No. 23-14, Exh. A, 7-8-14)

(a)

Permitted uses:

Parks;

Pleasure boat launching facilities;

Farmers market;

Riverboat docking facility;

Fishing pier;

Amphitheater;

Recreational water uses;

Recreational uses such as, but not limited to, picnic pavilions and barbeque areas, softball fields, volleyball courts, soccer fields, tennis courts, shelter houses, gazebos.

(b)

Conditional uses:

Marina;

Refueling and supply dock;

Government offices and buildings;

Professional offices;

Private schools;

Museums.

(c)

Area, height, bulk and placement: (See schedule of regulations, Article XXVII.)

(d)

General regulations:

(1)

Signs shall conform to the following provisions:

a.

Signs are for identification only.

b.

Signs may be illuminated.

c.

Signs shall not obstruct the view of traffic or river.

d.

Signs are limited to one (1) per property.

e.

No sign shall exceed six (6) feet in height to the top of the display.

f.

No sign shall exceed twenty-five (25) square feet in size.

(2)

All aboveground structures accessory to any outdoor use shall be located a minimum of twenty-five (25) feet from any front lot lines.

(3)

Riverfront uses adjacent to a residential use may be required to provide a buffer in order to block out the glare of lights and other visual nuisances and to reduce noise and air pollution.

(4)

Plan for building construction, parking areas, yards, driveways, entrances and exits shall be approved by the enforcement officer and the local government engineer, acting jointly in consultation with the planning commission, and they may require any changes therein as may be deemed necessary or desirable to ensure safety, to minimize traffic difficulty and to safeguard adjacent properties.

(5)

Plans shall be considered as to location of the use with relationship to the riverfront development plan as adopted.

(Ord. No. 23-14, Exh. A, 7-8-14)

(A)

Permitted uses:

Barber and beauty shops, (excluding tattooing and body art);

Bed and breakfast inns;

Business and professional offices;

Catering establishments;

Eating or drinking establishments, with or without entertainment, except those having the principal character of a drive-in facility wherein food is served to a customer in his vehicle.

Exhibition halls/convention center;

Health and fitness centers;

Interior decorating establishments;

Government offices;

Meat, fruit and vegetable markets;

Media studios, including photography shops;

Mixed-use buildings:

Museums:

Structures that are a minimum of two (2) stories in height, containing both residential dwelling units and non-residential commercial uses, when the following criteria are met:

a)

Residential dwelling units may be located on the ground floor of mixed-use buildings provided that a minimum of one thousand five hundred (1,500) square feet of non-residential floor areas is located on the ground floor;

b)

Each ground floor dwelling unit is at the rear of the building, behind a commercial or office use and at least twenty-five (25) feet back from the street right-of-way line.

Nonprofit organization offices;

Offices; either business, professional, or government.

Pet shops;

Religious uses;

Retail shops;

Single-family residence;

Studios for art, dancing, music or theatrical instruction, exhibition or performance;

Theatre, dance halls or similar places of assembly;

Townhouses;

Wedding chapels or banquet halls;

Building contractor offices, excluding outside storage yards.

(B)

Conditional uses:

Animal cafes§

Apartments;

Bakeries;

Hotels/motels;

Marina (pleasure boats only);

Parking lots and garages, where parking is the primary, not the accessory use;

Repair shops, (excluding automotive/motorized vehicles/power equipment);

(C)

Prohibited uses:

Auto sales lots.

Auto and body repair shops and/or any type of motor vehicle service.

Car wash establishments.

Moving or storage offices.

Mini-storage.

Outdoor storage and sales.

Pawn shops and payday lending services.

Public auction houses.

Tattoo parlors.

Used car lots.

(D)

Area, height, bulk and placement: See schedule of regulations, Article XXVII.

(E)

General requirements:

1.

Plans for building construction, parking area, yards, driveways, entrances and exits shall be approved by the enforcement officer and the local government engineer, acting jointly, in consultation with the planning commission, and they may require any changes therein as may be deemed necessary or desirable to ensure safety, to minimize traffic difficulty and to safeguard adjacent properties.

2.

Plans shall be considered as to location of the use with relationship to the riverfront development plan as adopted in 1994.

(F)

Design and building exterior requirements: Development within the RF-2 district shall substantially comply with the following supplemental development regulations:

1.

Facades.

i.

Buildings wider than one hundred (100) feet shall be designed so that multiple differing facade treatments are used, to give the impression that the building is made up of a number of small buildings connected together. Each differing facade treatment should be between twenty (20) and forty (40) feet in width.

ii.

Principal facades facing Water Street, a plaza, or public park may not have blank walls (without doors or windows) greater than fifteen (15) feet in length.

iii.

Where parapets are used, the parapet must wrap around the entire length of the front and side of the buildings. Where parapets are not used, all rooftop mechanical equipment shall be screened.

iv.

Facade articulation is required for walls exceeding thirty (30) feet in length, wherein portions of the building are recessed slightly from the build-to line.

v.

False parapets shall be limited to twenty (20) percent of the total height of the facade.

2.

Building materials.

i.

No portion of a building shall be treated with smooth-faced concrete block, tilt-up concrete panels or prefabricated steel panels, unless the visible finish is comprised of a suitable finish material. Materials suitable for treating visible facades may include, but are not limited to, brick, glass, split-face decorative block, stone, or stucco;

ii.

The rear and side facades shall be of materials and design characteristics consistent with that of the front; use of inferior or lesser quality materials for rear or side facades shall be prohibited.

3.

Entrances. A minimum one (1) entrance shall front Water Street. A commercial or institutional building shall feature one (1) or more prominent entries on the principal facade highlighted by at least three (3) of the details listed below. Secondary entrances to smaller tenants in multi-tenant buildings shall also have at least two (2) of the features listed below.

i.

Canopies/porticos above the entrance;

ii.

Roof overhangs above the entrance;

iii.

Entry recesses/projections;

iv.

Arcades that are physically integrated with the entrance;

v.

Raised corniced parapets above the entrance;

vi.

Architectural details, such as tile work and moldings, that are integrated into the building structure and design; or

vii.

Integral planters or wing walls that incorporate landscaped areas or seating areas. A wing wall is a wall secondary in scale projecting from a primary wall and not having a roof.

4.

Building roof.

i.

Shingles, metal standing seam, tile or other roofing materials with similar appropriate texture and of earthen appearance shall be utilized on roofs visible from Second Street.

ii.

Roof mounted mechanical equipment visible from Second Street shall be enclosed or screened to ensure that such features are not visible. Enclosures and screens shall be compatible to the architectural style of the proposed building.

(G)

Parking: Due to the unique characteristics of the RF-2 district, including the existence of street parking, all new and existing commercial, mixed use buildings, and single family dwelling units, are allowed a one-hundred-percent parking reduction from the required on-site parking spaces as set forth in Section 9.01. This reduction shall not be construed as an exemption to or reduction of required ADA compliant handicap parking.

1.

Location.

i.

No on-site parking or parking areas are permitted in the front yard of any single-family, duplex, townhouse, or commercial uses, except for driveways connecting to the rear or side off-street parking area or private access ways and loading areas.

2.

Shared parking. If parking is to be provided, it is recommended that the applicant utilize shared parking. Shared parking arrangements for non-residential uses with different hours of operation may be approved provided the shared parking arrangement satisfies the following requirements: If the applicant provides satisfactory evidence that up to one hundred (100) percent of the parking required for a daytime use is to be supplied by the off-street parking spaces provided by a nighttime or weekend use, or vice versa.

i.

The applicant must provide evidence that no substantial conflict in the principal operating hours of the uses for which shared parking is proposed, exists.

ii.

Office, retail, and other similar uses are considered daytime uses.

iii.

Auditoriums, religious assembly, entertainment, and eating and drinking establishments, and other similar uses, are considered nighttime and weekend uses.

iv.

Shared parking must be no more than six hundred fifty (650) feet walking distance from the property in question.

v.

A written agreement providing for the shared use of parking, acceptable to the codes administrator, shall be executed by the appropriate parties and filed with the Henderson County Court Clerk's Office, and copies shall be provided to the city codes and planning office. Shared parking privileges will continue in effect only as long as the agreement, binding upon both parties, remains in force. If the agreement is not in force, the normal parking standards will then apply.

3.

Principal use parking lots. Where parking lots are the principal use of the property, or have been granted a conditional use permit as allowed in Section 32.03, the following standards shall apply:

i.

The parcel shall be screened from all abutting streets and residentially zoned properties.

ii.

The screening shall consist of a wall, fence, or hedge (of not less than three and a half (3½) feet in height at planting), of not less than four (4) feet in height, or more than six (6) feet in height. Chain link fences are prohibited. If fencing is used, a landscaping area of no less than three (3) feet in width shall be required to soften its appearance.

(H)

Utility services:

1.

Utility location. Utility services shall be located underground when practical. Exceptions to the requirements of underground utilities are:

i.

Major electric transmission lines responsible for transporting power through the area rather than to the area;

ii.

Where the codes administrator determines that an underground utility location is not practical, above grade utilities shall be located behind structures in a utility "alley" easement approved by the applicable utility authority when practical.

iii.

Elements such as HVAC units, telephone boxes, or electrical transformers shall be placed as close to the structure as feasible and screened.

(I)

Signage: Article X of the zoning ordinance applies, and the following additional district signage regulations shall also apply:

1.

Wall signage.

i.

Each business will be allowed one (1) wall-mounted sign per street frontage, up to ten (10) percent of the surface area of the wall area;

2.

Pedestrian signage.

i.

Pedestrian oriented signs are designed and intended for pedestrians to easily read the signage of the business, as they stand on the sidewalk adjacent to the business;

ii.

One (1) pedestrian oriented sign is permitted per business fronting Second Street, in addition to existing on-site signage allowances of Article X;

iii.

Such pedestrian sign shall be either a projecting sign, an awning sign, or attached to the facade;

iv.

If the pedestrian sign is a wall or awning sign in type, it must not exceed eight (8) square feet in size.

3.

Projecting signage is allowed with the following conditions:

i.

All signs shall comply with applicable provisions of the Kentucky Building Code and the National Electrical Code adopted by the City of Henderson;

ii.

The sign must not exceed sixteen (16) square feet in size;

iii.

The sign shall not be placed lower than ten (10) feet above grade;

iv.

The maximum height of the sign shall be sixteen (16) feet in height or the bottom of the second floor window or wall, whichever is less;

v.

The sign shall not project more than six (6) feet from the facade of the building.

(Ord. No. 23-14, Exh. A, 7-8-14; Ord. No. 19-20, 8-25-20)

(a)

Permitted uses: Passive recreational uses such as picnic area, drinking fountains, benches, walkways, trails, landscaping and parks.

(b)

Conditional uses:

Lighting.

Fencing.

Retaining wall.

(c)

General regulations: No structures allowed, other than those listed above.

(Ord. No. 23-14, Exh. A, 7-8-14)

(A)

Intent: The riverfront residential (RF-4) district is established as a district in which the principal use of land is for single family dwelling units, limited to single family residential, townhouse, and condominium use only. The district is intended for properties abutting the Ohio River, or properties with river views. The specific intent of the district is to:

1)

To encourage the construction of, and the continued use of land for single family, townhouse, and condominium dwellings through specific regulations appropriate for riverfront development;

2)

To prohibit business and commercial uses;

3)

To protect the natural beauty element of the Ohio River;

4)

To encourage a pedestrian friendly and sustainable environment, with development standards suitable to preserve the riverfront.

(B)

Permitted uses:

Single-family residence;

Townhouses;

Condominiums;

Passive recreational uses such as picnic areas, drinking fountains, benches, walkways, trails, landscaping and parks.

(C)

Conditional uses: Schools, libraries, churches, and other facilities normally incidental thereto, provided that the proposed site for a church is not less than one (1) acre; that there is adequate access to all required off-street parking areas and there is no parking in the required front yard, and family child-care home, with the following limitations:

(1)

There shall be a maximum of ten (10) children allowed in the home of which no more than six (6) shall be unrelated to the care provider, no more than four (4) children under twelve (12) months of age nor more than six (6) children under six (6) years of age, including the provider's own or related children, shall be kept in the home,

(2)

No person may be employed that is not a resident of the premises,

(3)

Otherwise fully complies with the provisions of a home occupation as provided in section 2.01 of this Code.

(D)

Area, height, bulk and placement: See Schedule of Regulations, Article XXVII.

Lot and Building Standards

(E)

General requirements:

1.

Plans: For building, construction, parking area, yards, driveways, entrances and exits shall be approved by the enforcement officer and the local government engineer, acting jointly, in consultation with the planning commission, and they may require any changes therein as may be deemed necessary or desirable to ensure safety, to minimize traffic difficulty and to safeguard adjacent properties.

2.

Public roadway access not required: Lots are required to possess frontage on a public roadway, but are not required to possess road access onto a public roadway. Shared driveways, or private drives, are encouraged as a means of access for each lot.

(F)

Design and building exterior requirements: Development within the RF-4 district shall substantially comply with the following supplemental development regulations:

1.

Building size and facades.

i.

Buildings should be no wider than eighty (80) feet.

ii.

Townhouses or condominiums wider than sixty (60) feet shall be designed so that multiple differing façade treatments are used, to give the impression that the building is made up of a number of small buildings connected together. Each differing façade treatment should be between twenty (20) and thirty (30) feet in width.

iii.

Principal facades facing a public street, a plaza, or public park, may not have blank walls (without doors or windows) greater than fifteen (15) feet in length.

iv.

Where parapets are used, the parapet must wrap around the entire length of the front and side of the buildings. Where parapets are not used, all rooftop mechanical equipment shall be screened.

v.

Façade articulation is required for walls exceeding thirty (30) feet in length, wherein portions of the building are recessed slightly from the build-to line.

[vi].

False parapets shall be limited to twenty (20) percent of the total height of the façade.

2.

Building materials.

i.

No portion of a building shall be treated with smooth-faced concrete block, tilt-up concrete panels or prefabricated steel panels, unless the visible finish is comprised of a suitable finish material. Materials suitable for treating visible facades may include, but are not limited to, brick, glass, split-face decorative block, stone, or stucco;

ii.

The rear and side facades shall be of materials and design characteristics consistent with that of the front; use of inferior or lesser quality materials for rear or side facades shall be prohibited.

3.

Accessory structures.

a.

Accessory structures shall be compatible in style, color, and materials with principal structure(s).

b.

Structures shall be limited in size to twenty-five (25) percent of the footprint of the principal structure, or four hundred (400) square feet; whichever is less.

c.

Garages or carports shall be limited in size to twenty-five (25) percent of the footprint of the principal structure.

d.

Accessory structures shall follow the district side setbacks.

e.

Fences over four (4) feet in height, or fifty (50) percent opacity, are prohibited.

4.

Building roof.

i.

Roof mounted mechanical equipment visible from a public street shall be enclosed or screened to ensure that such features are not visible. Enclosures and screens shall be compatible to the architectural style of the proposed building.

5.

Height exemptions. The following exemptions will be allowed under the building height requirement:

i.

Chimneys;

ii.

Cupolas;

iii.

Spires;

iv.

Elevator shafts.

6.

Height transition: Any portion of a multi-family building located within the riverfront residential RF-4 zone, and within seventy-five (75) feet of the riverfront residential RF-4 boundary, shall have a maximum height no greater than the maximum height allowed in the adjacent zoning district. Where a street separates the zoning districts, the measurement shall be from the street right-of-way line opposite the riverfront residential RF-4 district.

7.

Natural buffer. For properties abutting the river, a natural undisturbed buffer of twenty-five (25) feet is required on the portion of the property abutting the river, or riverbank. No permits, except for private boat ramps/docks, will be permitted within the buffer.

(G)

Utility services:

1.

Utility location. Utility services shall be located underground when practical.

Exceptions to the requirements of underground utilities are:

i.

Major electric transmission lines responsible for transporting power through the area rather than to the area;

ii.

Where the codes administrator determines that an underground utility location is not practical, above grade utilities shall be located behind structures in a utility "alley" easement approved by the applicable utility authority when practical;

iii.

Elements such as HVAC units, telephone boxes, or electrical transformers shall be placed as close to the structure as feasible and screened.

(Ord. No. 39-14, Exh. A, 12-9-14; Ord. No. 07-22, Exh. A, 3-22-22)

Editor's note— Ord. No. 39-14, Exh. A, adopted Dec. 9, 2014, enacted provisions designated as § 30.04. Inasmuch as said section already exists, said provisions have been redesignated as § 30.05 to avoid duplication, at the discretion of the editor.