The Henderson Innovative Planning District is intended to allow a compatible mix of mixed-use, commercial, and residential uses in dense pedestrian-friendly urban areas suitable for infill redevelopment. The Henderson Innovative Planning District is intended for properties located along major streets and bus routes, with sidewalk/bike lane connectivity, located outside of existing single family neighborhoods, and infill development shall also take into consideration the existing density, built-form and uses of the surrounding neighborhood. It is the goal of this district to:

1.

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

2.

To provide infill opportunities for businesses and development.

3.

To complete bicycle and pedestrian connections to surrounding sites and neighborhoods.

4.

To promote originality, flexibility and innovation in development including the architecture, signage, placement, and redevelopment of existing sites and buildings.

5.

To encourage resource and energy efficiency.

6.

To enhance property values.

7.

To minimize blight, and poorly designed and unattractive development.

(Ord. No. 36-14, Exh. A, 10-28-14)

1.

Permitted uses.

(a)

Antique shops.

(b)

Art galleries.

(c)

Assisted living facilities.

(d)

Bakeries.

(e)

Banks.

(f)

Barber or beauty shop, or tanning salon.

(g)

Bed and breakfast establishments.

(h)

Bicycle rental or repair shop.

(i)

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

(j)

Catering establishments.

(k)

Churches.

(l)

Clothing or costume rental establishments.

(m)

Contractors office.

(n)

Day cares.

(o)

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.

(p)

Grocery stores.

(q)

Home occupations as defined in Article II.

(r)

Interior decorating establishments.

(s)

Museums.

(t)

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.

(u)

Medical and dental offices.

(v)

Mixed use buildings, containing both residential dwelling units and non-residential commercial uses.

(w)

Multifamily housing.

(x)

Music shops.

(y)

Office or business machine stores, sales, or rental.

(z)

Offices: government, commercial, or professional.

(aa)

Pharmacy.

(bb)

Printing and related establishments.

(cc)

Professional and labor organizations.

(dd)

Publicly owned or leased buildings; public utility buildings.

(ee)

Residential care facilities.

(ff)

Retail businesses or service.

(gg)

Shoe repair.

(hh)

Sidewalk dining.

(ii)

Studios for music, dancing, or theatrical instruction.

(jj)

Theatre, dance halls, or places of assembly.

(kk)

Townhouses and condominiums.

(ll)

Wedding chapels.

(mm)

Any substantially similar activity.

2.

Conditional uses.

(a)

Allow multiple uses (businesses), but no more than three (3), may be allowed in the same structure (building) with a conditional use permit.

(b)

Animal cafés.

(c)

Shipping container commercial facilities.

(Ord. No. 36-14, Exh. A, 10-28-14; Ord. No. 16-16, Exh. A, 4-26-16; Ord. No. 19-20, 8-25-20; Ord. No. 01-24, Exh. F, 1-23-24)

Figure 1: Example of Suburban Development Pattern
Not Permitted in this District

Figure 2: Example of Urban Development Pattern,
Required by this District

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.

Height transition: Any portion of a building located within the Henderson Innovative Planning District, and within seventy-five (75) feet of the Henderson Innovative Planning 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 Henderson Innovative Planning District.

Figure 3: Height Transition Between Adjoining Zones

Figure 4: Height Transition, Between Zones and
Street Separation

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.

(Ord. No. 36-14, Exh. A, 10-28-14)

1.

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.

(Ord. No. 36-14, Exh. A, 10-28-14)

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

1.

Parking location.

a.

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

Figure 5: Example of Parking in Rear

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.

Figure 6: Example of Limited Side Yard Parking

2.

Street parking may be counted.

a.

On-street parking available along the portion of a public or private street abutting the use, may be counted toward the minimum number of on-site parking spaces required.

3.

Off-street parking requirements. To provide for sustainable use of land, and allow greater flexibility for infill redevelopment, the amount of off-street parking space as required for this zone district shall be determined in accordance with the following table.

(Ord. No. 36-14, Exh. A, 10-28-14)

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.

Projecting signage.

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 façade 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.

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 façade signs are prohibited;

b.

Flashing, traveling, animated, LED, or back-lit 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 six (6) 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.

(Ord. No. 36-14, Exh. A, 10-28-14; Ord. No. 68-17, 12-15-17)