The gateway zone district is intended to provide for the development of a pedestrian-friendly, mixed-use, aesthetically pleasing entry-corridor into downtown Henderson from the proposed I-69 interchange. This gateway zone district is to promote the sense of place, and also provide opportunities to develop projects and properties compatible with a dense urban development pattern. The intent of the gateway zone district is as follows:

1.

Encourage and promote the public health, safety, and general welfare of the citizens of Henderson.

2.

Promote sustainable urban development, to better the environment and the aesthetic quality of Henderson for the future.

3.

Provide a walkable mixed-use area that is inviting to, pedestrians, and the travelling public.

4.

Reduce traffic conflict points, to promote safety.

5.

Reduce stormwater runoff and promote green design.

6.

Encourage originality, flexibility and innovation in development along Second Street, including the architecture, signage, and placement of buildings.

7.

Discourage monotonous, unsightly, and discordant development that is not in keeping with the entry-point into downtown Henderson, to provide for a harmonious mix of uses and development standards compatible with an urban corridor.

8.

Minimize blight, and poorly designed and unattractive development.

(Ord. No. 6-14, Exh. A, 1-28-14)

1.

Boundary of gateway zone district. The boundary of this Article XXXIII, Gateway Zone District (herein referred to as "this article" or the "gateway zone district") shall be the area so labeled and depicted in the official zoning map, which is incorporated herein by reference; which generally extends along Second Street from the CSX Railway Overpass to Ingram Street.

2.

Zoning classification of property located within this gateway zoning district. Upon adoption of this article, the zoning classification of each and every parcel of property located within this gateway zone district shall be and hereby is changed or amended to this gateway zone.

3.

Applicability. All of the regulations and requirements of this article shall fully apply when any of the following occur (the property must be brought into full compliance with this article when any of the following occur):

a.

Construction of any new structure.

b.

Parking area reconfiguration.

4.

Structural alterations. Any structural alteration of any structure located on existing property not enumerated in Section 33.02(3) above, shall only be required to apply to gateway district regulations as follows:

Levels of Modification

5.

Exterior walls. When any change is made to the facade or an exterior wall of an existing structure all of the facade visible from Second Street, shall be brought into full compliance with Section 33.07 of this article.

6.

Sign permits. When a sign permit is required within the gateway zone district, the property shall be brought into full compliance with Section 33.14 of this article.

7.

Maintenance and utility repairs. Notwithstanding any other provision of any of this Section 33.02, neither:

a)

General property maintenance and/or general property repair; or

b)

The maintenance, repair, upgrading or replacement of any water, sewer, HVAC, or electrical facilities will trigger a requirement that such property or structure be brought either fully or partially in compliance with this article.

(Ord. No. 6-14, Exh. A, 1-28-14)

1.

Except as provided in this article to the contrary; all nonconforming uses, nonconforming structures and nonconforming lots, shall be governed by Article VIII.

(Ord. No. 6-14, Exh. A, 1-28-14)

1.

Gateway design advisory committee. The gateway design advisory committee shall provide non-binding written recommendations to the codes administrator on each application in the gateway zone district. The gateway design advisory committee shall consist of the executive director of the planning commission/or designee, one (1) staff member of the planning commission, the city engineer, and the city manager/or designee.

2.

Pre-application conference with gateway design advisory committee. Prior to filing for building permits or site plans, the developer, applicant, petitioner, or property owner, shall attend a pre-conference with the gateway design advisory committee, to discuss the gateway zone district review process and requirements. The meeting is informative in nature to guide the applicant through the gateway zone district development process. Comments, representations, or expressions of any nature made at the meeting, shall not be binding.

3.

Formal submittal. After the pre-application conference, the applicant may then submit an application to the gateway design advisory committee. The submittal shall include all information needed to fulfill the standards of the district, and will require building elevations, a signage plan, materials used, and a general site plan. The gateway design advisory committee will review the project within twenty-one days (21) of submittal, and present their findings in a written report to the codes administrator and the applicant.

4.

Final approval. Final approval or disapproval shall be made by the codes administrator within fourteen (14) days of the receipt of the recommendation by the gateway design advisory committee. After the decision of the codes administrator, the applicant may within thirty (30) days, submit plans correcting the deficiencies to the gateway design advisory committee and the codes administrator, without going through the submittal process again. The codes administrator may grant extensions as needed.

5.

Appeals. All appeals of the codes administrator final approval or disapproval shall be filed with the board of adjustments, and must be made within thirty (30) days of any such final action or decision, pursuant to KRS 100.257 and KRS 100.261.

(Ord. No. 6-14, Exh. A, 1-28-14)

1.

Contextual front setback. Contextual front setbacks shall be as deep as the average front setback that exists on the nearest developed lots on the same block that front on the same side of the street as the subject lot, in accordance with the following rules:

a.

Lots that front on a different street than the subject lot or that are separated from the subject lot by a street may not be used in computing the average;

b.

When the subject lot is a corner lot, the average setback will be computed on the basis of the two (2) nearest developed lots that front on the same side of the street as the subject lot;

c.

When the subject lot abuts a corner lot fronting the same street, the average setback will be computed on the basis of the abutting corner lot and the nearest two (2) lots that front on the same street as the subject lot.

2.

Exceptions to lot and building setbacks requirements.

a.

Outdoor eating areas: Outdoor eating areas and patios located on the Second Street frontage, are allowed a building setback of fifteen (15) feet from the lot line;

b.

Courtyards, plazas and greenspace: A courtyard, plaza, or greenspace (including a pocket park, or green infrastructure) located on the Second Street frontage are allowed a building setback of fifteen (15) feet from the lot line.

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) of the footprint of the principal structure.

(Ord. No. 6-14, Exh. A, 1-28-14)

The following uses shall be permitted in the gateway zone district:

1.

Permitted uses.

a.

Antique shops.

b.

Art galleries.

c.

Bakeries.

d.

Banks.

e.

Barber or beauty shop.

f.

Bicycle rental or repair shop.

g.

Blueprinting.

h.

Business schools, and colleges, or private schools operated for profit.

i.

Carpet, rug, linoleum, or other floor covering stores.

j.

Catering establishments.

k.

Churches.

l.

Clothing or costume rental establishments.

m.

Convention centers.

n.

Day cares.

o.

Department stores.

p.

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.

q.

Furniture stores.

r.

Grocery stores.

s.

Hotels.

t.

Home occupations as defined in Article II.

u.

Hospitals.

v.

Interior decorating establishments.

w.

Medical or dental laboratories for research or testing, not involving any danger of fire or explosion, nor of offensive noise, vibration, smoke, odorous matter, heat, humidity, glare, or other objectionable effects.

x.

Museums.

y.

Family child-care home, with the following limitations: 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. No person may be employed that is not a resident of the premises. Otherwise fully complies with the provisions of a home occupation as provided in Section 2.01 of this Code.

z.

Funeral homes, except crematoriums.

aa.

Medical and dental offices.

bb.

Multifamily housing.

cc.

Musical shops.

dd.

Office or business machine stores, sales or rental.

ee.

Offices; either business, professional, or government.

ff.

Pharmacy.

gg.

Photographic developing or printing establishments and studios.

hh.

Printing establishments.

ii.

Professional and labor organizations.

jj.

Publicly owned or leased buildings, and public utility buildings.

[jj.1.]

Radio and television studios.

kk.

Residential care facilities.

ll.

Retail business or service, including the incidental manufacture of articles to be sold at retail on premises as long as no more than five (5) persons are employed in such manufacture.

mm.

Shopping center.

nn.

Studios for music, dancing, or theatrical instruction.

oo.

Television, radio or household appliance repair shops.

pp.

Theatre, dance halls or similar places of assembly.

qq.

Townhouses.

rr.

Venetian blind, window shades, or awning shops, custom shops, including repairs, limited to two thousand five hundred (2,500) square feet of floor area per establishment.

ss.

Wedding chapels or banquet halls.

tt.

Any other substantially similar activity.

2.

Mixed-use buildings. Buildings containing both residential dwelling units and non-residential commercial uses are permitted. 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, or when all the following criteria are met:

a.

The building is a minimum of two (2) stories in height;

b.

Commercial or office uses are restricted to the ground floor;

c.

Each ground floor dwelling unit is at the rear of the building, behind a commercial or office use.

3.

Conditional uses.

a.

Single-family residential.

b.

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

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.

Craft distilleries as defined in section 2.01.

e.

Microbreweries as defined in section 2.01.

f.

Animal cafés as defined in section 2.01.

4.

Prohibited uses.

a.

Auto sales lots.

b.

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

c.

Car wash establishments.

d.

Moving or storage offices.

e.

Mini-storage.

f.

Outdoor storage and sales.

g.

Pawn shops and payday lending services.

h.

Public auction houses.

i.

Tattoo parlors.

j.

Used car lots.

(Ord. No. 6-14, Exh. A, 1-28-14; Ord. No. 16-16, Exh. A, 4-26-16; Ord. No. 51-17, 8-25-17; Ord. No. 19-20, 8-25-20)

Development within the Gateway zone district shall substantially comply with the following supplemental development regulations:

1.

Facades.

(a)

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.

(b)

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

(c)

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.

(d)

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.

(e)

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

2.

Building materials.

(a)

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;

(b)

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)

A minimum one (1) entrance shall front Second 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.

Glazing and transparency requirements.

(a)

Reflective glass shall not be used on the principal or secondary facade.

5.

Building roof.

(a)

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.

(b)

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.

(Ord. No. 6-14, Exh. A, 1-28-14)

1.

Curb cuts and number of curb cuts allowed. There shall be no lot that is permitted more than one (1) curb cut or driveway onto Second Street/Hwy 351. For lots abutting and served by alleyways, there shall be no new curb cuts or driveways onto Second Street/HWY 351 or collector streets. The codes administrator, with the recommendation of the Gateway design review committee, will have the authority to authorize one (1) new curb cut in cases of demonstrated hardship, when the existing curb cut(s) have been deemed infeasible or impractical for site access, and only if all existing curb cuts are removed.

2.

Roadway access required for corner parcels. Parcels located at an intersection of Second Street/HWY 351 and any other paved public roadway, shall obtain access only from the adjacent roadway, not Second Street or Hwy 351.

3.

Cross-access. Cross-access is required for every parcel within the Gateway zone district. A stub for future access shall be provided for all adjacent commercial and multi-family land.

4.

Cross access aisle width minimums. Cross-access ways shall allow for a drive aisle with a minimum width of twelve (12) feet one (1) way aisle minimums.

5.

Curb cut distance. A minimum distance of at least one hundred (115) feet shall be required between an access point/curb cut, and any driveway or intersection.

6.

Median crossovers. When applicable, access to a parcel shall be aligned directly with existing median crossovers.

7.

Median crossover distance. Accesses that do not align directly shall be located a minimum of one hundred fifteen (115) feet (edge to edge) from the nearest crossover.

8.

Inter-parcel access easement. For all uses and properties located within the Gateway zone district, the property owner is encouraged but not required to grant an access easement for all property owners within the block. The purpose of the easement is to promote the movement of vehicles from business to business, or lot to lot, without generating additional turning movements on the streets and roadways. The inter-parcel easement shall be recorded, and a copy shall be provided to the Henderson City-County Planning Commission and the city code enforcement office. Required yard setbacks, curb, screening and landscaping requirements shall not be required in the inter-parcel easement area. The easement shall be subject to the following requirements:

(a)

The location of the inter-parcel easement agreement shall be mutually determined with input by the codes administrator, by both adjoining property owners with the approval of the codes administrator.

(b)

The inter-parcel easement permits automobile access from the adjoining property to driveways and on-site parking areas intended for tenant and customer use, and be no less than a one-way parking drive aisle in size. The use of the parking areas may be restricted to customers and tenants only.

(c)

The granting of the easement shall be effective upon the granting of a reciprocal easement.

(d)

Upon the availability of access to driveways and parking areas of the adjoining lot, the pavement of the subject parcel's driveways and parking areas shall be extended to the point of access on the adjoining property line.

9.

Nonconforming driveways.

(a)

Driveways that were constructed before the adoption of this Ordinance shall be considered legal nonconforming driveways.

(b)

Loss of legal nonconforming status results when a nonconforming driveway ceases to be used for its intended purpose for a period of one (1) year or more.

(Ord. No. 6-14, Exh. A, 1-28-14)

Parking requirements shall satisfy the requirements of Article IX unless specified herein.

1.

Gateway zone district parking reduction. Due to the unique characteristics of the Gateway zone district, including the existence of street parking and public parking, all new and existing commercial uses, mixed use buildings, and single family dwelling units, are allowed a fifty-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.

2.

Parking location.

(a)

On-site parking areas shall be located at the rear or side of the building. No on-street parking shall be located at any corner fronting Second Street.

(b)

On-site parking located on the side of the building shall not be more than ten (10) percent of the total number of required off-street parking spaces.

(c)

All parking areas, ways and aisles, shall be hard-surfaced.

3.

Shared parking. Shared parking arrangements for non-residential uses with different hours of operation are encouraged, and may be approved provided the shared parking arrangement satisfies the following requirements:

(a)

If the applicant proves 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.

(b)

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

(c)

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

(d)

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

(e)

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

(f)

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.

4.

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 33.03, the following standards shall apply:

(a)

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

(b)

The screening shall consist of a wall, fence, or hedge (of not less than three and a half (3½) [feet] in height at planting), 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.

5.

Duration of parking. Parking of any vehicle for anyone other than residents, employees, or persons engaging in commerce at the business located on the property is prohibited, except for the aforementioned shared parking privileges. Overnight parking of commercial motor vehicles, tractor trailers, boats, vessels, recreational vehicles, campers, motor homes or similar means of conveyance or places of abode is prohibited, except in conjunction with a special event approved by the city.

(Ord. No. 6-14, Exh. A, 1-28-14)

1.

Located in rear yard. Drive-thru facilities shall only be located at the rear of buildings, and shall be screened from all rights-of-way.

2.

No ingress or egress from Second Street. Ingress and egress to the drive-thru shall not be provided directly from Second Street/HWY 351.

3.

Drive-thru curb cuts. In no circumstances shall a new curb cut onto Second Street (HWY 351) be approved to provide access to a drive-thru facility.

4.

Drive-thru stacking. Only one (1) stacking lane per drive-thru facility is permitted.

5.

Gas station canopies. Gas stations and commercial convenience stores shall utilize either gable or hip roof structures. The canopies over the gas pumps shall be attached to the main building and integrated into the architectural roof design and the support columns and fascia shall be clad in brick and/or brick veneer or stucco covered block. The canopy cannot be located in the front or side yard.

(Ord. No. 6-14, Exh. A, 1-28-14)

1.

Commercial outdoor display. Commercial outdoor display areas, sales areas, tents, play areas, and play devices are prohibited in the front or side yard of any lot, except for a city-approved special event.

2.

Shipping and receiving areas. Proposed structures requiring shipping docks for the receipt or shipping of merchandise shall locate such docks in the rear of the structure or within a service courtyard shared by different businesses. Shared courtyards may be accessed from the front of the structure provided the entrance to such area is designed to blend into the architectural style of the structure and no docks are visible from Second Street or adjacent parking areas.

(a)

If no courtyard is present then landscaping or a solid screen made of durable architectural materials used in the buildings primary facade shall be provided to ultimately create an opaque screen at least eight (8) feet in height. The screening shall be designed to obscure views from on and offsite public areas, except for necessary penetrations.

(b)

Loading and unloading of commercial vehicles or of any other vehicles used for commercial purposes is only permitted between the hours of 6:00 a.m. and 11:00 p.m. when a residential zoned or used property is within one hundred (100) feet of the loading area.

(c)

Shipping and receiving areas are not required to be located on-site.

(Ord. No. 6-14, Exh. A, 1-28-14)

1.

Dumpster location. Dumpsters shall be placed in the rear yard. In the case of a double frontage lot the front shall be considered Second Street.

2.

Dumpster screening. Dumpsters which may be seen from adjacent properties or public parking lots, shall be screened from view on all sides.

(a)

Screening shall consist of three (3) solid walls of brick, stucco or split-face block construction, at least six (6) feet in height. The wall shall include a continuous cap feature and a closing gate. The gate shall be one hundred (100) percent solid metal or wood fabrication.

(b)

In addition the area shall be treated with a twenty-four (24) inch high planting of shrubs that shall reach a minimum thirty-six (36) inches in height within one (1) year.

(Ord. No. 6-14, Exh. A, 1-28-14)

1.

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

(a)

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

(b)

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.

(c)

Elements such as HVAC units, telephone boxes, or electrical transformers shall be placed as close to the structure as feasible and screened with landscaping in context with the approved landscaping design.

(Ord. No. 6-14, Exh. A, 1-28-14)

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

1.

Wall signage.

(a)

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.

(a)

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;

(b)

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

(c)

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

(d)

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

(e)

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;

vi.

If the sign encroaches over a city sidewalk, an encroachment permit issued by the city is required;

vii.

No projecting sign may encroach over any roadway, public or private.

(f)

Signs in the public right-of-way, including sandwich board signs, are permitted as per the requirements of subsection 10.08(d).

3.

Permitted sign materials.

(a)

Masonry or monument signs;

(b)

Wood: painted, stained, or natural;

(c)

Metal;

(d)

Plastic, when used for individual letters and symbols only.

4.

Prohibited signs.

(a)

Pole, pylon, and cabinet-type facade signs are prohibited;

(b)

Backlit signs of all types are prohibited;

(c)

Illuminated signs that cast any glare into any residential or mixed use residential unit are prohibited.

5.

Permitted monument sign size.

(a)

Monument signs may be up to eight (8) feet in height and eight (8) feet wide (and may be placed on a planting area no more than two (2) feet in height);

(b)

Plastic, metal or wood inserts may be used for business names;

(c)

Signs may not be backlit but may be lit with ground accent lighting.

6.

Electronic message signs.

(a)

Electronic message signs as defined in "Article X, Section 10.03, Definitions and interpretation" may be allowed as a conditional use permit, with the following limitations:

i.

Electronic message signs shall be monument type sign and may be up to eight (8) feet in height and eight (8) feet wide; and

ii.

Electronic message portion of sign shall be no larger than twenty-four (24) square feet; and

iii.

Electronic message portion of sign shall be encased using materials consistent with the permitted materials allowed in the Gateway Zone District; and

iv.

Landscaping shall be established and maintained as part of sign location.

(Ord. No. 6-14, Exh. A, 1-28-14; Ord. No. 68-17, 12-15-17; Ord. No. 23-20, 10-27-20; Ord. No. 02-21, 2-9-21)