(A)   Zoning districts. The city is divided into zoning districts (also called “regulating districts”) in order:

      (1)   To protect the general health, safety and welfare of the public;

      (2)   To classify, regulate and restrict the use and location of buildings designed for specified uses;

      (3)   To regulate and determine the area of yards, courts and other open spaces surrounding buildings;

      (4)   To regulate the density of population; and

      (5)   To realize the general purposes set forth in this chapter.

   (B)   Official Zoning Map.

      (1)   The boundaries of these zoning districts are hereby established as shown on a map entitled “Official Zoning Map for City of Madisonville, Kentucky (3-3-03) as amended.” This map may also be referred to in this chapter as the “Official Map” or the “Official Zoning Map.”

      (2)   Said zoning map and all notations and references and other matters shown thereon shall be and are hereby made a part of this chapter.

      (3)   The signature of the Mayor attested by the City Clerk shall identify the Official Zoning Map. This is to certify that this is the Official Zoning Map for the City of Madisonville adopted by the City Council.

      (4)   No changes of any nature shall be made to the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this chapter.

      (5)   Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this chapter and punishable as provided under this chapter.

      (6)   The Official Zoning Map shall be located in the office of the Administrative Official and shall be the final authority on the current zoning classifications of all lands within the city.

   (C)   Amendments to the Official Zoning Map.

      (1)   Amendments to the Official Zoning Map shall be carried out using the same procedures that apply to other amendments of the zoning chapter.

      (2)   The Administrative Official shall update the Official Zoning Map after amendments to it are adopted.

      (3)   No unauthorized person may alter or modify the Official Zoning Map.

      (4)   The Administrative Official shall keep copies of superseded prints of the zoning map for historical reference.

   (D)   Rules for interpreting district boundaries. Where uncertainties exist as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:

      (1)   Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such centerlines.

      (2)   Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

      (3)   Boundaries indicated as approximately following city limits shall be construed as following such limits.

      (4)   Boundaries indicated as approximately following unplatted property lines shall be construed as following unplatted property lines.

      (5)   Boundaries indicated as parallel to or extensions of features shall be so construed.

      (6)   Distances not specifically indicated on the Official Zoning Map shall be determined by the graphic scale on the map.

      (7)   Where physical or other features existing on the ground are in variance with those shown on the Official Zoning Map or in circumstances not covered above, the Board of Adjustments shall interpret the district boundaries.

   (E)   Application of district regulations. The regulations set forth in this chapter shall be the minimum regulations and shall apply uniformly to each class or kind of structure or land and particularly as follows:

      (1)   No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, structurally altered or demolished unless in conformity with all of the regulations herein specified for the district in which it is located.

      (2)   No building or structure shall hereafter be erected or altered:

         (a)   To exceed the maximum allowed height;

         (b)   To accommodate or house a greater number of families than specifically allowed;

         (c)   To occupy a greater percentage of lot area than specifically allowed;

         (d)   To have narrower or smaller yards or other open spaces than herein required or in any manner contrary to the provisions of this chapter.

      (3)   No part of a yard or other open space, required landscape area, parking or loading area for any building or structure shall hereafter be included as part of the same requirements for any other building or structure, except as specifically provided for in this chapter.

      (4)   Whenever a lot in a non-residential district has a common boundary line with a lot in a residential district and the setbacks in the non-residential district are less than the setbacks in the residential district, the non-residential district lot shall be required to observe the setbacks applicable to the adjoining residential lot.

      (5)   Any non-emergency access to any use in an industrial district is prohibited through any residential district.

      (6)   No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth in this chapter. Yards and lots created after the effective date of this chapter shall meet at least the minimum requirements set forth herein.

      (7)   Whenever a lot abuts on a public alley, one-half (½) of the width may be considered as a portion of the required yard.

      (8)   All minimum frontage requirements for new structures shall be required on a dedicated public street.

      (9)   No type of building/structure, vehicle, tree, planting, vegetation, fence or any type of obstacle or any portion thereof shall be placed or retained in such a manner which would create a traffic hazard or would obstruct the vision of vehicular traffic.

      (10)   No type of building/structure shall be allowed in a utility/drainage easement with the exception of a fence or retaining wall.

      (11)   Exceptions relating to agriculture use: Land which is used solely for agricultural purposes shall have no regulations except that:

         (a)   Setback lines and minimum road frontages shall be required for the protection of existing and proposed streets and highways; and

         (b)   All building or structures in a designated floodway or flood plain or which tend to increase flood heights or obstruct the flow of flood waters may be fully regulated.

   (F)   Non-residential uses in residential districts. The minimum width of side yards for educational facilities, libraries, churches/religious institutions, community buildings and other public and semi-public buildings in residential districts shall be twenty-five (25) feet.

   (G)   Additional residential use requirements. The regulations set forth in this chapter shall be the minimum regulations and shall apply uniformly to all structures and land particularly as follows:

      (1)   All accessory uses shall only be permitted when a principal use exists on the property.

      (2)   No more than one (1) principal use on a lot is permitted in residential districts.

      (3)   No more than one (1) principal building/structure per lot is permitted in residential districts and agricultural districts, except when otherwise permitted by this chapter.

      (4)   All accessory structures on the lot shall not exceed thirty percent (30%) of the rear yard. Accessory structures shall only be permitted in the side or rear yard.

      (5)   Any accessory building closer than five (5) feet to the principal structure shall be considered as part of the principal structure and shall meet the minimum side and rear yards required for the principal structure.

      (6)   Outdoor swimming pools. All private swimming pools over twenty-four (24) inches deep or having a surface area more than two hundred and fifty (250) square feet shall be regulated according to the following requirements:

         (a)   No swimming pool shall be permitted within any required setback area nor within any utility easement;

         (b)   Swimming pools must be enclosed with a wall or fence (or by a natural barrier if approved by the Administrative Official), including a self-closing and self-locking gate around the pool or property upon which the pool is located. Such wall or fence must be at lease four (4) feet above the ground and must be constructed in such a manner that a small child may not reach the pool from the street or any adjacent property without scaling said wall or fence or opening the gate or door;

         (c)   Glare from lights used to illuminate the swimming pool area shall be directed away from adjacent properties; and

         (d)   All swimming pools and associated equipment shall be constructed and erected in accordance with the Kentucky Building Code and all rules and regulations therein.

      (7)   Driveways may not extend closer than one (1) foot to the side property line; except that in the event that a common driveway will be used to serve two (2) or more lots, then driveways may be permitted to abut the property line.

      (8)   No front yard shall be required to exceed the average depth of existing front yards on the same side of the street within the same block, when fifty-one percent (51%) or more of lots within that block are improved with residential buildings, provided that in no case shall a front yard depth be less then twelve (12) feet.

      (9)   For two-family and multi-family developments, all structures are required to maintain the front yard and rear yard setbacks from all roadways, including private access ways.

      (10)   Home occupations are allowed in the agricultural and residential districts as conditional uses and subject to all requirements herein.

      (11)   Home occupations that meet the following criteria are considered “limited” home occupations and do not require a conditional use permit;

         (a)   Have no signage or additional parking;

         (b)   Do not occupy more than twenty-five percent (25%) of the dwelling;

         (c)   Have limited deliveries;

         (d)   Have no customer/clientele/public visits; and

         (e)   Have no goods or products offered for sale on the premises.

      (12)   The following activities, so long as they meet other requirements of this chapter, may be regarded as accessory to residential principal uses:

         (a)   Hobbies or recreational activities of a non-commercial nature; and

         (b)   Yard, garage or estate sales, so long as such sales are not conducted for a period of longer than forty-eight (48) hours on the same lot and no more than five (5) times per year.

      (13)   The following activities shall not be considered as accessory to a principal residential use and shall be prohibited:

         (a)   Storage outside of substantially enclosed structure of any motor vehicle that is either unlicensed or not operational;

         (b)   Unscreened construction equipment, including but not limited to backhoes and front-end loaders;

         (c)   Unscreened over-the-road tractor trailers and semis parked at a residence for more than seventy-two (72) consecutive hours [three (3) days] during any consecutive seven (7) day period; and

         (d)   Use of a partial or complete mobile home, manufactured home or vehicle for storage purposes.

   (H)   Encroachment exceptions.

      (1)   In all districts unless otherwise specified herein fire-escapes, chimneys, window air conditioning units, ground heating and cooling units, steps and eaves may project up to twenty-four (24) inches into a side yard or rear yard setback.

      (2)   Open, unenclosed porches, stoops, awnings and balconies may project up to five (5) feet into a front yard setback.

      (3)   In no instance shall any encroachment be allowed into a utility/drainage easement.

   (I)   Screening and fencing in relation to residential uses. The following shall be prohibited in relation to any principal residential use:

      (1)   Installation of solid or opaque fence greater than thirty (30) inches in height above the surrounding grade in front of the building setback line;

      (2)   Installation of any fence or screen that impedes vehicular or pedestrian views or traffic in the area.

   (J)   Height exceptions. Height regulations apply to buildings occupied regularly by persons or their activities. They do not apply to other structures or portions of buildings, such as radio towers, ornamental spires, water towers, silos and flag poles which are not occupied regularly by persons except maintenance unless otherwise stipulated herein. No such structure, however, shall exceed seventy-five (75) feet without approval of the Board of Adjustments. The Board of Adjustments shall interpret whether or not height regulations apply upon application by the Administrative Official in doubtful cases. Federal Aviation Agency height regulations in the vicinity of the airport shall take precedence over all other height regulations.

   (K)   Prohibited uses. Without limiting the generality of the foregoing provisions, the following uses are specifically prohibited in all districts. In addition, prohibited uses shall be defined to include activities that have a similar impact as uses prohibited by this chapter.

      (l)   Any use that involves the manufacture, handling, sale, distribution or storage of any highly combustible, explosive or hazardous material in manner that is in violation of city, county or state safety or fire prevention codes;

      (2)   Tanneries within one thousand (1,000) feet of a residentially-zoned lot or any lot used for residential purposes;

      (3)   Use of a camper, travel trailer or motor vehicle as a permanent or temporary residence except as allowed in §§ 156.180 et seq. of this chapter;

      (4)   Use of a manufactured/mobile home, travel trailer or motor vehicle parked on a lot as a structure in which, out of which or from which any goods are sold or stored, services are performed or other business is conducted, except when in connection with outdoor retail sales and display of merchandise as provided for in this chapter;

      (5)   Hazardous material and/or toxic waste disposal sites within one thousand (1,000) feet of a residentially-zoned lot or any lot used for residential purposes;

      (6)   Any manufactured/mobile home not conforming to all the regulations set forth for manufactured housing in this chapter; and

      (7)   Any activity that creates or produces noxious emissions of polluting substances, heat or light in such a manner that the activity unreasonably interferes with the reasonable use and enjoyment of neighboring properties of regularly-permitted uses or activities, unless it is permitted by state or federal authorities.

   (L)   Any exceptions listed above existing at the time of enactment of this chapter shall be considered to be non-conforming uses and subject to the requirements for such uses set forth elsewhere in this chapter.

   (M)   Public service facilities. Public fire, police, utility or other services are permitted in all districts except the Conservation District. Such facilities must abide by the following regulations:

      (1)   To the extent possible, all public safety/utility buildings should be similar in architectural design to the surrounding neighborhood.

      (2)   Non-essential vehicle parking shall be to the rear of the lot. Wherever possible, storage of public safety and emergency vehicles shall be to the rear of the lot. Driveway lanes associated with fire and rescue vehicles are exempt from this provision.

      (3)   Accessory structures shall be placed to the rear of the lot, unless such placement poses a danger to the safety and security of the public or safety personnel.

   (N)   Outdoor retail sales and display of merchandise.

      (1)   Outdoor retail sales and display of new merchandise is allowed in nonresidential zoning districts, provided that the sale of such goods is a permitted use in the applicable zoning district as an accessory to a commercial business which conducts most of its activities within an enclosed building or group of buildings on the same lot, when the following requirements are met:

         (a)   Displayed in a neat, orderly manner and kept clean and clear of litter;

         (b)   Does not obstruct clear vision of traffic or traffic signals or interfere with ingress/egress for vehicular traffic or pose a traffic or safety hazard;

         (c)   Does not obstruct pedestrian traffic or intrude upon the public right-of-way; and

         (d)   Screened from any adjoining residential use.

      (2)   Additional requirements in the Central Business District (CBD) District:

         (a)   A special use permit must be obtained from the Zoning Administrator; a written plan shall be provided indicating the type, location and time frame of all outside sales and any associated storage areas;

         (b)   Temporary sales and display of merchandise and outside dining areas may occur on a public sidewalk so long as a clear and unobstructed walkway is left for pedestrians and shall at no time obstruct the public's reasonable access upon and across said public sidewalk or create in any way a hazard or unsafe condition or situation;

         (c)   Merchandise must be removed each day at the close of business;

         (d)   Outside food sales/dining areas shall be limited to 7:00 a.m. through 10:00 p.m. Monday through Thursday and Sunday and 7:00 a.m. through 11:00 p.m. on Friday and Saturday;

         (e)   Temporary outdoor storage in crates, portable storage pods and other similar structures for the purpose of storing supplies or excess inventory to be sold is only allowed when not visible from a public right-of-way; and

         (f)   Where sales and display of merchandise or food sales occur on the sidewalk, a small sign may be allowed so long as it does not obstruct pedestrian or vehicular traffic and is only displayed during businesses hours.

      (3)   Exceptions: the following outside sales shall be allowed so long as (N)(1)(a) and (b) are met:

         (a)   Merchandise for sale or rent and/or displayed by a permanent retail establishment which by its nature requires outdoor storage such as nurseries, automobiles, boats, recreational vehicles, farm equipment, truck/trailer/equipment rentals, outdoor furniture/lawn ornaments and other similar type displays;

         (b)   Sales and displays associated with community festivals, activities, or social events;

         (c)   Seasonal items such as produce, plants, pumpkins, Christmas trees, fireworks, etc;

         (d)   Food trucks and other mobile food vendors as such temporary food sales shall be covered under a separate ordinance;

         (e)   Any other outside sales not allowed in this ordinance may apply for a special use permit to conduct temporary sales up to four times a year, on a quarterly basis, not to exceed 72 consecutive hours at any one location;

         (f)   Exceptions (3) (c), (d) and (e) are not applicable in the Central Business District.

      (4)   This section is not intended to prohibit or regulate residential yard sales, so long as conducted in accordance with § 156.020(G)(12)(b), nor the isolated or causal sale of household or other personal items by persons who may live or work in the city.

(Ord. 2003-06, passed 3-3-03; Am. Ord. O-2017-7, passed 6-21-17)

   (A)   Uses permitted by right include:

      (1)   Land and/or structures used solely for agriculture, farming, dairying, and stock, crop or plant-raising;

      (2)   Horticultural activity and tree-farming;

      (3)   Kennel, veterinary clinic and animal hospital;

      (4)   Single-family detached dwelling;

      (5)   Educational facility;

      (6)   Religious institution;

      (7)   Public recreational facility; and

      (8)   Horse training track.

   (B)   Uses permitted by condition (conditional use permit required - See §§ 156.050 et seq. for additional information regarding conditional uses) include:

      (1)   Bed and breakfast;

      (2)   Cemetery;

      (3)   Funeral home;

      (4)   Civic use;

      (5)   Country club;

      (6)   Nursing home, orphanage, rehabilitation home;

      (7)   Junkyard, disassembly plant;

      (8)   Airport;

      (9)   Commercial saw mill;

      (10)   Mixed use;

      (11)   Accessory dwelling unit; and

      (12)   Recreational vehicle (RV) parks.

   (C)   Other uses not expressly permitted by right or with conditions are prohibited.

   (D)   Permitted accessory uses and structures include:

      (1)   Uses in connection with agriculture, farming, dairying, stock, crop and plant- raising and principal uses listed above, such as barns, agricultural structures, stables and parking areas;

      (2)   Private swimming pools and tennis courts associated with dwelling units;

      (3)   Private garages, storage sheds and parking areas associated with above uses and/or dwelling units; and

      (4)   Roadside stands offering for sale only agricultural products grown on the premises.

   (E)   Lot and building provisions.

 

 

   (F)   Landscaping. All applicable landscaping provisions shall be observed.

(Ord. 2003-06, passed 3-3-03; Am. Ord. O-2022-5, passed 4-18-22 ; Am. Ord. 2023-06, passed 8-21-23)

   (A)   The Conservation District is intended to protect natural resources and to encourage preservation of the environment for conservation, recreation, open-space, nature interpretation and other similar uses.

   (B)   Uses permitted by right include open-space, parks, nature centers, conservation areas, forests, tree stands and similar activities.

   (C)   Uses permitted by condition (conditional use permit required - See §§ 156.050 et seq. for additional information regarding conditional uses) include any proposed use deemed compatible with spirit and intent of the district, including unmanned utility towers and/or structures.

   (D)   Other uses not permitted by right are expressly prohibited.

   (E)   Building height. All uses and structures shall maintain a maximum building height of thirty-five (35) feet.

   (F)   Landscaping. All applicable landscaping provisions shall be observed.

(Ord. 2003-06, passed 3-3-03)

   (A)   Uses permitted by right include:

      (1)   Single-family detached dwelling;

      (2)   Educational facility;

      (3)   Public recreational facility including neighborhood playground;

      (4)   Religious institution; and

      (5)   Residential care facility.

   (B)   Uses permitted by condition (conditional use permit required - See §§ 156.050 et seq. for additional information regarding conditional uses) include:

      (1)   Bed and breakfast;

      (2)   Cemetery;

      (3)   Country club;

      (4)   Day care center;

      (5)   Assisted living facility, nursing home, orphanage, rehabilitation home, group home;

      (6)   Recreational facility;

      (7)   Rooming/boarding house;

   (C)   Other uses not expressly permitted by right or with conditions are prohibited.

   (D)   Permitted accessory uses and structures include:

      (1)   Uses in connection with residential dwellings;

      (2)   Private swimming pools and tennis courts associated with dwelling units; and

      (3)   Private garages, carports, storage sheds and parking areas associated with above uses and/or dwelling units.

   (E)   Lot and building provisions.

 

 

   (F)   Landscaping. All applicable landscaping provisions shall be observed.

   (A)   Uses permitted by right include:

      (1)   Single-family detached dwelling, excluding zero lot line dwellings; and

      (2)   Residential care facility;

   (B)   Uses permitted by condition (conditional use permit required - See §§ 156.050 et seq. for additional information regarding conditional uses) include:

      (1)   Bed and breakfast;

      (2)   Cemetery;

      (3)   Religious institution;

      (4)   Educational facility;

      (5)   Country club;

      (6)   Day care center;

      (7)   Public recreational facility including neighborhood playground;

      (8)   Assisted living facility, nursing home, orphanage, rehabilitation home;

   (C)   Other uses not expressly permitted by right or with conditions are prohibited.

   (D)   Permitted accessory uses and structures include:

      (1)   Uses in connection with residential dwellings;

      (2)   Private swimming pools and tennis courts associated with dwelling units; and

      (3)   Private garages, carports, storage sheds and parking areas associated with above uses and/or dwelling units.

   (E)   Lot and building provisions.

 

 

   (F)   Landscaping. All applicable landscaping provisions shall be observed.

   (A)   Uses permitted by right include:

      (1)   Single-family and two-family dwellings for a maximum density of thirteen (13) dwelling units per acre;

      (2)   Educational facility; and

      (3)   Residential care facility.

   (B)   Uses permitted by condition (conditional use permit required - See §§ 156.050 et seq. for additional information regarding conditional uses) include:

      (1)   Bed and breakfast;

      (2)   Multi-family dwellings for a maximum density of thirteen (13) dwelling units per acre;

      (3)   Rooming/boarding house;

      (4)   Cemetery;

      (5)   Hospital, assisted living facility, nursing home, orphanage, rehabilitation home;

      (6)   Religious institution;

      (7)   Day care center;

   (C)   Other uses not expressly permitted by right or with conditions are prohibited.

   (D)   Permitted accessory uses and structures include:

      (1)   Uses in connection with residential dwellings;

      (2)   Private swimming pools and tennis courts associated with dwelling units; and

      (3)   Private garages, carports, storage sheds and parking areas associated with above uses and/or dwelling units.

   (E)   Lot and building provisions.

 

   (F)   Landscaping. All applicable landscaping provisions shall be observed.

   (A)   Uses permitted by right include:

      (1)   Two-family and multi-family dwellings with a maximum density of twenty (20) dwelling units per acre;

      (2)   Public recreational facility including neighborhood playground;

      (3)   Residential care facility;

      (4)   Religious institution;

      (5)   Educational facility; and

      (6)   Mixed use.

   (B)   Uses permitted by condition (conditional use permit required - See §§ 156.050 et seq. for additional information regarding conditional uses) include:

      (1)   Single-family dwelling;

      (2)   Day care center;

      (3)   Bed and breakfast;

      (4)   Rooming/boarding house;

      (5)   Group home;

      (6)   Funeral home;

      (7)   Community building;

      (8)   Cemetery;

      (9)   Hospital, assisted living facility, nursing home, orphanage, rehabilitation home;

      (10)   Manufactured housing park complex and subdivision;

      (11)   Office;

      (12)   Recreational facility;

   (C)   Other uses not expressly permitted by right or with conditions are prohibited.

   (D)   Permitted accessory uses and structures include:

      (1)   Uses in connection with residential dwellings;

      (2)   Private swimming pools and tennis courts associated with dwelling units; and

      (3)   Private garages, carports, storage sheds and parking areas associated with above uses and/or dwelling units.

   (E)   Lot and building provisions.

 

   (F)   Landscaping. All applicable landscaping provisions shall be observed.

   (A)   The Neighborhood Commercial (NC) District is intended as a limited retail category for the use of nearby neighborhood areas to supply day-to-day needs and personal services. Establishments should include small, free-standing retail structures and neighborhood-oriented personal service establishments.

   (B)   Uses permitted by right include:

      (1)   Retail sales establishments for the sale of convenience goods;

      (2)   Personal service establishments and other consumer services (with the exception of those uses expressly prohibited in this chapter), provided that all processing is performed as a service for customers served on the premises and all such establishments are limited to a maximum of five thousand (5,000) square feet;

      (3)   Office use;

      (4)   Restaurant having a maximum seating capacity of forty (40) without drive-through or outdoor seating;

      (5)   Bed and breakfast;

      (6)   Group home;

      (7)   Civic use;

      (8)   Educational facility;

      (9)   Religious institution;

      (10)   Indoor theater; and

      (11)   Vocational center.

   (C)   Prohibited uses include:

      (1)   Adult establishments;

      (2)   Automotive repair;

      (3)   Garage; and

      (4)   Welding and machine shop.

   (D)   Uses permitted by condition (conditional use permit required - See §§ 156.050 et seq. for additional information regarding conditional uses) include:

      (1)   Retail sales establishments, personal service establishments, and other consumer services exceeding five thousand (5,000) square feet, provided that all processing is performed as a service for customers served on the premises.

      (2)   Day care center;

      (3)   Community building;

      (4)   Gas station;

      (5)   Parking garage;

      (6)   Mini-storage facility;

      (7)   Hotel up to fifty (50) rooms;

      (8)   Restaurant having a seating capacity over forty (40) and/or with a drive thru and/or with outdoor seating;

      (9)   Pool hall/game room;

      (10)   Residential use; and

      (11)   Assisted living facilities.

   (E)   Lot and building provisions.

 

 

      (1)   Balconies and awnings shall be permitted to encroach within sidewalk areas as follows:

         (a)   Balconies: Three (3) feet;

         (b)   Awnings: Six (6) feet.

      (2)   Balconies and awnings must have a minimum clearance of eight (8) feet from the lowest point of the balcony or awning to the sidewalk.

      (3)   If a balcony and/or awning is projecting over a public right-of-way, proof of insurance naming the city as an insured party must be provided and authorization must be obtained from the City Council.

   (G)   Architectural standards. To maintain the visual consistency of building in the NC District, the city suggests (but does not require) that all construction conform in street orientation and massing to adjacent structures.

   (H)   Landscaping. All applicable landscaping provisions shall be observed.

(Ord. 2003-06, passed 3-3-03; Am. Ord. 2006-17, passed 6-28-06; Am. Ord. O-2016-7, passed 3-7-16; Am. Ord. O-2022-2, passed 1-3-22)

   (A)   The General Commercial (GC) District is intended for new commercial clusters along collector and arterial corridors within and for existing commercial clusters within the city which are less pedestrian-oriented in design than the Neighborhood Commercial District or the Central Business District (CBD).

   (B)   Uses permitted by right include:

      (1)   Commercial, service, office use;

      (2)   Civic use;

      (3)   Religious institution; and

      (4)   Mini-storage facility.

   (C)   Prohibited uses include outdoor storage of hazardous materials.

   (D)   Uses permitted by condition (conditional use permit required - See §§ 156.050 et seq. for additional information regarding conditional uses) include:

      (1)   Light manufacturing;

      (2)   Adult establishment;

      (3)   Drive-in theater;

      (4)   Welding and machine shop;

      (5)   Warehousing;

      (6)   Indoor storage of hazardous material. Fireworks sales shall not be permitted except as a minor stock item [less than twenty percent (20%) of total stock];

      (7)   Residential use;

      (8)   Assisted living facilities;

      (9)   Recreational vehicle (RV) parks; and

      (10)   Educational facilities.

   (E)   Lot provisions.

 

 

   (F)   Parking and loading requirements. See §§ 156.160 et seq. for parking and loading regulations.

   (G)   Landscaping. All applicable landscaping provisions shall be observed.

(Ord. 2003-06, passed 3-3-03; Am. Ord. O-2016-7, passed 3-7-16; Am. Ord. O-2022-2, passed 1-3-22; Am. Ord. 2023-06, passed 8-21-23; Am. Ord. 2024-09, passed 9-16-24)

   (A)   The Central Business District (CBD) is intended to provide mixed use redevelopment or investment opportunities for the existing traditional downtown. Developments in the CBD are to be characteristic and similar in use, physical layout and architectural style to established structures and businesses that already exist in downtown.

   (B)   Uses permitted by right include:

      (1)   Bed and breakfast;

      (2)   Restaurant;

      (3)   Commercial use up to ten thousand (10,000) square feet (with the exception of those uses expressly prohibited below);

      (4)   Office use up to ten thousand (10,000) square feet;

      (5)   Civic use;

      (6)   Indoor theater; and

      (7)   Vocational center.

   (C)   Prohibited uses include:

      (1)   Welding and machine shop;

      (2)   Pool hall/gaming room;

      (3)   Auto repair shop;

      (4)   Adult establishments;

      (5)   Outdoor storage or sales except in compliance with § 156.020(N); and

   (D)   Uses permitted by condition (conditional use permit required - See §§ 156.050 et seq. for additional information regarding conditional uses) include:

      (1)   Residential;

      (2)   Day care center;

      (3)   Gas station;

      (4)   Nightclub;

      (5)   Religious institution;

      (6)   Hotel;

      (7)   Parking garage;

      (8)   Commercial or office use over ten thousand (10,000) gross square feet; and

      (9)   Any business or commercial establishment offering services, food or other items through the use of a drive thru window.

   (E)   Lot provisions.

 

      (1)   Balconies and awnings must have a minimum clearance of eight (8) feet from the lowest point of the balcony or awning to the sidewalk.

      (2)   If a balcony and/or awning is projecting over a public right-of-way, proof of insurance naming the city as an insured party must be provided and authorization must be obtained from the City Council.

   (F)   Parking and loading requirements. See §§ 156.160 et seq. for parking and loading regulations.

   (G)   Landscaping. All applicable landscaping provisions shall be observed.

   (H)   Architectural standards.

      (1)   All construction shall conform in design, street orientation and massing to adjacent structures.

      (2)   Metal paneling shall not exceed ten percent (10%) of the surface area of a building wall.

      (3)   Two (2) wall materials may be combined horizontally on one (1) façade.

      (4)   All rooftop equipment visible from the ground shall be enclosed in building material that matches the structure or is visually compatible with the structure.

   (A)   In order to maintain an attractive and viable environment for businesses and residents, this district was developed to promote medium-scale industrial, business and mixed-use developments. Regulations for the Light Industrial District are written to encourage developments to achieve high-quality site design and use flexibility inherent in this district. Specific guidelines are established to direct such development issues as architectural compatibility with other buildings and the relationship of buildings to and other spaces including public and open spaces.

   (B)   Uses permitted by right include:

      (1)   Office use, research facility, kennel and warehousing;

      (2)   Indoor theater;

      (3)   Commercial use up to twenty thousand (20,000) square feet;

      (4)   Mini-storage facility;

      (5)   All types of industrial activity except: Uses considered dangerous or unsafe, such as explosives; uses considered objectionable or a nuisance by reason of odor, dust, fumes, smoke, noise, vibration, refuse matter or water-carried waste; and uses considered objectionable by reason of adverse effect on adjoining uses, such as junk or salvage yards;

      (6)   Outdoor storage of materials; and

      (7)   Storage of hazardous materials.

      (1)   Day care center;

      (2)   Auto repair shop;

      (3)   Welding and machine shop;

      (4)   Parking garage;

      (5)   Hotel, bank, convention facility, restaurant and educational facility (excluding primary and secondary school);

      (6)   Commercial use over twenty thousand (20,000) square feet;

      (7)   Recreational use, both indoor and outdoor facility; and

      (8)   Residential use.

   (D)   Development and design provisions.

 

 

   (F)   Landscaping. All applicable landscaping provisions shall be observed.

(Ord. 2003-06, passed 3-3-03; Am. Ord. 2011-17, passed 11-21-11; Am. Ord. O-2016-7, passed 3-7-16)

   (A)   In order to maintain an attractive and viable environment for businesses and residents, this district was developed to promote larger-scale industrial, business and mixed use developments. Regulations for the General Industrial District are written to encourage developments to achieve high-quality site design and use flexibility inherent in this district. Specific guidelines are established to direct such development issues as architectural compatibility with other buildings and the relationship of buildings to and other spaces including public and open spaces.

   (B)   Uses permitted by right include:

      (1)   Office use, research facility, kennel, and warehousing;

      (2)   Support retail, such as goods and commodities manufactured on site;

      (3)   All manufacturing and industrial use;

      (4)   Welding and machine shop;

      (5)   Auto repair shop;

      (6)   Parking garage; and

      (7)   Storage of hazardous materials.

   (D)   Development and design provisions.

 

 

   (F)   Landscaping. All applicable landscaping provisions shall be observed.

(Ord. 2003-06, passed 3-3-03; Am. Ord. O-2016-7, passed 3-7-16)

   (A)   The Office Professional (OP) District is designed to provide a district for low-profile professional uses suitable for location abutting residential uses. The Office Professional District shall be for professional and limited commercial office development which will be compatible and harmonious with the existing or potential development of adjacent residential or other areas and to foster professional and limited commercial office developments. The OP Districts are established to provide suitable alternative locations for offices and services of a professional, clerical or administrative nature.

   (B)   Uses permitted by right include:

      (1)   Office buildings not exceeding seven thousand five hundred (7,500) square feet for professional and business uses;

      (2)   Office buildings may provide professional offices, such as offices for doctors, dentists, lawyers and accountants, and general business offices for insurance companies, trade associations, banks and trust companies, real estate companies and other similar concerns;

      (3)   Office buildings within the Office Professional District shall not include veterinary offices;

      (4)   Medical and dental clinic and laboratory; and

      (5)   Drug store/pharmacy when clearly incidental to a permitted use in this district.

   (C)   Uses permitted by condition (conditional use permit required - See §§ 156.050 et seq. for additional information regarding conditional uses) include:

      (1)   Office building exceeding seven thousand five hundred (7,500) square feet for professional and business uses;

      (2)   Religious institution;

      (3)   Educational facility;

      (4)   Day care;

      (5)   Meeting facility;

      (6)   Indoor recreational facility;

      (7)   Performing arts building;

      (8)   Funeral home;

      (9)   Civic use; and

      (10)   Residential use.

   (D)   Development provisions.

 

 

   (E)   Parking and loading requirements. See §§ 156.160 et seq. for parking and loading regulations.

   (F)   Landscaping. All applicable landscaping provisions shall be observed.

(Ord. 2003-06, passed 3-3-03; Am. Ord. O-2016-7, passed 3-7-16)

   (A)   The Medical District Overlay is designed to provide areas for medical-related hospital, office and professional development in a campus-like development setting and in close proximity to similar existing and planned developments. The intent is to create a cluster of healthcare and related office/professional development which complements other districts with physical proximity and interaction with low-intensity business uses.

   (B)   Uses permitted by right include any uses permitted in the underlying zoning district.

   (C)   Uses permitted by condition (conditional use permit required - See §§ 156.050 et seq. for additional information regarding conditional uses. All development plans shall be reviewed and approved in accordance with major development plan requirements) include:

      (1)   Hospital and clinic;

      (2)   Office use and service related to healthcare;

      (3)   Medical supply;

      (4)   Drug store/pharmacy;

      (5)   Day care center;

      (6)   Recreational facility;

      (7)   Residential care facility;

      (8)   Parking deck/garage;

      (9)   Civic use;

      (10)   Group home; and

      (11)   Assisted living facilities.

   (D)   Development provisions.

 

 

   (E)   Architectural standards. Important structures shall be of sufficient design to create visual anchors for the district. All principle structures within the district shall maintain a consistent architectural style.

      (1)   Materials.

         (a)   Walls shall be clad in stone, brick, marble, approved metal paneling or cast concrete or similarly finished materials.

         (b)   Roofs shall be clad in slate, sheet metal, corrugated metal, tile, asphalt shingles or any other material similar in appearance and composition to existing buildings.

      (2)   Techniques. All rooftop equipment shall be enclosed in the building material that matches the structure or is visually compatible with the structure.

   (F)   Parking and loading requirements. See §§ 156.160 et seq. for parking and loading regulations.

   (G)   Landscaping. All applicable landscaping provisions shall be observed.

(Ord. 2003-06, passed 3-3-03; Am. Ord. O-2022-2, passed 1-3-22)

   (A)   The Zero Lot Line District is intended to promote more efficient use of land as compared with typical single-family residential development and to introduce a type of housing design that is more affordably priced. The use of design principles allows for the integration and relation of the internal and external living areas by placing the dwelling units against one (1) or more of the property lines thus permitting outdoor spaces to be grouped and utilized at a larger scale.

   (B)   Uses permitted by right include:

      (1)   Single-family attached and single-family detached dwellings;

      (2)   Public recreational facility including neighborhood playground; and

      (3)   Residential care facility.

   (C)   Permitted accessory uses and structures include:

      (1)   Uses in connection with residential dwelling;

      (2)   Private swimming pool and tennis court associated with dwelling units; and

      (3)   Private garage, carport, storage shed and parking area associated with above uses and/or dwelling units.

   (D)   Other uses not expressly permitted by right are prohibited.

   (E)    Lot and building provisions.

 

 

      (1)   The total lot coverage permitted for all buildings on the site shall not exceed fifty percent (50%) of the lot area.

      (2)   The detached dwelling unit shall be placed on one (1) interior side property with a zero (0) setback, and the dwelling unit setback on the other interior side property shall be a minimum of ten (10) feet (excluding the connecting elements, such as fences, walls and other similar elements).

      (3)   Patios, pools, garden features and other similar elements shall be permitted within the ten (10) foot setback area provided; however, no structure, with the exception of fences or walls, shall be placed within easements required.

      (4)   All dwelling units shall be placed ten (10) feet from all exterior property lines.

      (5)   The attached dwelling unit shall be placed on the interior side property line with a zero (0) setback, and the dwelling unit setback on the other interior side property line can also be placed on the property line with a zero (0) setback.

      (6)   All dwelling units shall be placed ten (10) feet from all exterior property lines.

   (F)   General requirements.

      (1)   Each dwelling shall be located on its own individual platted lot. If areas for common use of occupants of the development are shown on the plat, satisfactory arrangements shall be made for the maintenance of the common open space and facilities. The plat shall indicate the zero lot lines and easements appurtenant thereto.

      (2)   The wall of the dwelling located on the lot line shall have no windows, doors, air conditioning units or any other type of openings, provided however, that atria or courts shall be permitted on the zero lot line side when the court or atrium is enclosed by three (3) walls of the unit and a solid wall of as least eight (8) feet in height is provided on the zero lot line. Said wall shall be constructed of the same material as exterior walls of the dwelling unit.

      (3)   A perpetual four (4) foot wall-maintenance easement, for detached dwellings, shall be provided on the lot adjacent to the zero lot line property line, which, with the exception of walls and/or fencing, shall be kept clear of structures. This easement shall be shown on the plat and incorporated into each deed transferring title to the property. The wall shall be maintained in its original color and treatment unless agreed to by the two (2) affected lot owners. Roof overhangs may penetrate the easement of the adjacent lot by a maximum of twenty-four (24) inches, but the roof shall be designed so that water runoff from the dwelling placed on the lot lines is limited to the easement area.

      (4)   Separation between detached dwellings shall not be less than ten (10) feet.

      (5)   No building or accessory structure shall be located within a required front or street-abutting side yard nor within five (5) feet of a dwelling or another accessory building or structure nor within two (2) feet or any interior property line.

      (6)   If carports or garages are to be incorporated in the future, the development plan must show the placement of such structures prior to approval by the Administrative Official.

      (7)   Common open space is not required but may be permitted. If common open space is provided, provisions satisfactory to the Administrative Official shall be made to assure that non-public areas and facilities for the common use of occupants of the zero lot line development shall be maintained in a satisfactory manner without expense to the general taxpayers of the city.

      (8)   There shall be an open space on each lot of not less than three hundred (300) square feet with no dimension less than fifteen (15) feet. Said open space area shall be exclusive of required front and street-abutting side yards and vehicular driveways and further shall be subject to the following:

         (a)   Required open space may include side or rear yards;

         (b)   Pools and paved recreational areas may be developed in the required open space;

         (c)   The gradient or slope for any required open space shall not exceed twelve percent (12%);

         (d)   The open space may be provided on a deck;

         (e)   The open space shall be fully open to the sky; and

         (f)    Accessory buildings shall not occupy any part of the open space.

      (9)   A major development plan review is required for all zero lot line developments.

   (G)   Landscaping. All applicable landscaping provisions shall be observed.

(Ord. 2003-06, passed 3-3-03)