Zoneomics Logo
search icon

Mccracken County Unincorporated
City Zoning Code

CHAPTER 150

ZONING CODE

§ 150.001 PURPOSE.

   (A)   An ordinance of the county which hereby establishes comprehensive zoning regulations and provides for the administration, enforcement, and amendment thereof, in accordance with the provisions of KRS Chapter 100, enacted by the Legislature of Kentucky, and for the repeal of all laws in conflict herewith.
   (B)   The county does hereby ordain and enact into law the following zoning regulations in pursuance of authority conferred by KRS Chapter 100, as amended, and for the purpose of promoting the health, safety, general welfare, morals, convenience, order, prosperity of the county, and in accordance with a comprehensive plan, with the goal of ensuring that development takes place in a manner compatible with adjacent land uses, to provide for adequate light and air, is consistent with and appropriate to existing or proposed infrastructure and is adequately served by necessary and essential services, including water sewerage, schools, parks, and other public requirements, and for ensuring proper drainage and reducing flood damage potentials, being made with reasonable consideration, among other things, of the character of the district and its suitability for particular uses; and with the goal of providing suitable living conditions and the sustained stability of neighborhoods, protecting property against blight and depreciation, securing economy in governmental expenditures, conserving the value of buildings and encouraging the most appropriate use of land.
(Ord. 2017-07, passed 11-27-2017)

§ 150.002 AUTHORITY.

   These zoning regulations were prepared and adopted by the County Planning Commission and adopted by ordinance of the County Fiscal Court, pursuant to the authority of KRS Chapter 100.
(Ord. 2017-07, passed 11-27-2017)

§ 150.003 AREA JURISDICTION.

   The County Planning Commission through these zoning regulations shall have jurisdiction over all land within the county, excluding the City of Paducah.
(Ord. 2017-07, passed 11-27-2017)

§ 150.015 PURPOSE.

   (A)   The purpose of this subchapter is to define certain words and phrases commonly used in zoning regulations.
   (B)   The words and terms expressed in the present tense include the future tense.
   (C)   Singular words and phrases include the plural.
   (D)   The word “may” is permissive, while “shall” and “will” are mandatory.
(Ord. 2017-07, passed 11-27-2017)

§ 150.016 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCESSORY BUILDING AND USES. A subordinate building located on the same lot with the principal building, or a subordinate use of land, either of which is customarily incidental to the principal building or to the principal use of the land. Where part of the wall of an ACCESSORY BUILDING is part of the wall of the principal building in a substantial manner, as by a roof, such ACCESSORY BUILDING shall be counted as part of the principal building.
   ACCESSORY LIVING QUARTERS. Living quarters within an accessory building, and not rented or otherwise used as a separate dwelling.
   ADMINISTRATIVE OFFICIAL. An administrative official, or officials, shall be designated by the County Judge/Executive to administer the zoning regulation, and if delegated, housing and building regulations. The ADMINISTRATIVE OFFICIAL may be designated to issue building permits or certificates of occupancy, or both, in accordance with the literal terms of the regulation, but may not have the power to permit any construction, or to permit any use or any change of use which does not conform to the literal terms of the zoning regulation.
   AGRICULTURE. An area for the income producing, production, and wholesaling of agriculture or horticultural crops, including but not limited to livestock, livestock products, poultry, poultry products, grain, hay, pastures, soybeans, tobacco, orchards, fruits, vegetables, flowers, or ornamental plants including provision for dwellings for persons and their families who are engaged in the above agricultural use on the tract, but not including residential building development for sale or lease to the public. AGRICULTURE uses including production and wholesaling agriculture or horticultural crops, including but not limited to, livestock, livestock products, poultry, poultry products, grain, hay, pastures, soybeans, tobacco, orchards, fruits, vegetables, flowers, ornamental plants, small wineries licensed under KRS 243.155, or small, craft distilleries holding a Class B distiller's license under KRS 243.120; provided each of the aforesaid craft distilleries are located on a tract/lot that is a minimum of 15 acres and the location of the actual distillery facility (including without limitation mash tuns, fermenters, stills, or bottling facilities) shall be located a minimum of 200 feet from every tract/lot line, including provision for dwellings for persons and their families who are engaged in the above agricultural use on the tract, but not including residential building development for sale or lease to the public.
   AGRICULTURAL FARM BUILDING. Buildings other than dwellings, to be located on agricultural lands that are:
      (1)   Incidental to the operation of a farm;
      (2)   The building is not used for business of a retail trade;
      (3)   The building is not used as a regular place of work for ten or more people; and
      (4)   Not used for the storage of timber, or the processing of timber products.
   ALLEY. A permanent public service way providing a secondary means of access to abutting lands.
   ASSISTED CARE HOME. A residential dwelling that offers services that is a combination of housing, personalized supportive services and health care designed to meet the individual needs of persons who need help with the activities of daily living, but do not need the skilled medical care provided in a nursing home. This definition includes congregant living.
   AUTOMOBILE SERVICE STATION. An establishment with the primary business function of the retail sale of gasoline for passenger car use, and the minor service and repair work incidental to the operation of passenger automobiles.
   BLOCK FRONTAGE. All the property fronting on one side of a street between intersecting streets, or between a street, and a right-of-way of a dead-end street or county boundary, measured along the street line.
   BOARD. The McCracken County Board of Adjustment.
   BUILDING. Any structure having an enclosed space and a roof for the housing or enclosure of persons, animals or chattels. The word BUILDING includes the word STRUCTURE.
   BUILDING AREA. The maximum horizontal projected area of the principal and accessory building, excluding open steps or terraces, unenclosed porches not exceeding one story in height or architectural appurtenances projecting not more than two feet.
   BUILDING, DETACHED. A building having no party wall in common or structural connection with another building.
   BUILDING, FRONT LINE OF. The line of the face of the building nearest the front lot line.
   BUILDING, GOVERNMENT. A building owned, occupied, or leased by any unit of federal, state, or local government which is used for the purpose of conducting any useful or necessary governmental function.
   BUILDING, HEIGHT OF. The vertical distance from the average contact ground level at the front wall of a building to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridges for gable and hip or gambrel roofs.
   BUILDING LINE. The line nearest the front and across a lot establishing the minimum open space to be provided between the front line of a building or structure and the front line.
   BUILDING, NONCONFORMING. A legally existing building, which fails to comply with the county zoning regulations, that are applicable to the zone in which this building is located.
   BUILDING, PRINCIPAL. A building which has conducted the main or principal use of the lot on which the said building is situated. Where a substantial part of an accessory building is attached to the principal building in a substantial manner, as by a roof, such accessory building will be counted as a part of the principal building.
   BUILDING, SEMIDETACHED. A building having one party wall in common with an adjacent building.
   CAMPGROUND. Any area or tract of land used to temporarily accommodate two or more camping parties, including cabins, tents, house trailers, or other camping outfits.
   CARPORT. A structure consisting of a roof and either walls or columns for the purpose of housing automotive vehicles and other chattels; said structure shall be considered a building.
   CEMETERY. Land used for the burial of the dead and dedicated for cemetery purposes, including columbarium, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery.
   CLINIC OR MEDICAL HEALTH CENTER. An establishment where patients are admitted for special study and treatment by one or more licensed physicians and/or dentists and their professional associates, as distinguished from a professional office for general consultation purposes.
   COMMERCIAL. The engaging in the purchase, sale, barter, or exchange of goods, wares, merchandise, or service, the maintenance or operation of offices, recreational and amusement enterprises.
   COMMISSION. The McCracken County Planning Commission.
   CONDITIONAL USE. A use which would not impair the public health, safety, or welfare in one or more zones, but which would impair the integrity and character of the zone in which it is located or in adjoining zones, unless restrictions on location, size, extent and character of performance are imposed in addition to those imposed in the zoning regulations.
   CONDITIONAL USE PERMIT. Legal authorization to undertake a conditional use, issued by the Administrative Official pursuant to authorization by the Board of Adjustment consisting of two parts:
      (1)   A statement of the factual determination by the Board of Adjustment, which justifies the issuance of the permit; and
      (2)   A statement of the specific conditions, which must be met in order for the use to be permitted.
   CONVALESCENT OR NURSING HOME. Establishments, which provide full-time convalescent or chronic care, or both, for four or more individuals who are not related by blood or marriage to the operator, and who, by reason of chronic illness or infirmity, are unable to care for themselves. Neither care for the acutely ill nor surgical or obstetrical services shall be provided in such a home. A hospital or sanitarium shall not be construed to be included in this definition.
   COUNTY. The County of McCracken, Kentucky, and its designated officials, administrators, and enforcement personnel.
   CREMATORY. A machine or device used to reduce a body to ashes. A CREMATORY is a customary accessory structure for a funeral home or cemetery.
   DENSITY. Number of dwelling units divided by the number of acres on a lot, PUD, subdivision, or development the dwelling units of which are attributable.
   DEVELOPMENTAL PLAN. Written and graphic material for the provision of a developmental plan, including any or all of the following: location and bulk of buildings and other structures, intensity of use, density of development, street ways, parking facilities, signs, drainage of surface water, access points, a plan for screening or buffering, utilities, existing manmade and natural conditions, and all other conditions agreed to be the applicant.
   DWELLING. A building, or portion thereof, used primarily for residential occupancy, including
one-family and multiple dwellings, but not including hotels, motels, or tourist homes.
   DWELLING, MULTIPLE. A building, or portion thereof, used for occupancy by three or more families living independently of each other.
   DWELLING, TWO-FAMILY. A building, or portion thereof, used for occupancy by two families living independently of each other. Also known as a duplex.
   DWELLING UNIT. A dwelling, or portion of a dwelling, used by one family for cooking, living, and sleeping purposes.
   EDUCATIONAL INSTITUTION. A preprimary, primary, or grammar, public, parochial, or private school; a high school, preparatory school or academy, public, parochial, or private school; a high school, preparatory school or academy, public or founded or owned or conducted by or under the sponsorship of a religious or charitable organization; a private preparatory school or academy furnishing courses of instruction substantially equivalent to the courses offered by public high schools for preparation of admission to colleges or universities which award BA or BS degrees; a junior college or university, public or founded or conducted by or under the sponsorship of a religious or charitable organization; or a private school when not conducted as a commercial enterprise for the profit of individual owners or stockholders. This definition shall not be deemed to include trade or business schools as defined in this section.
   ENFORCEMENT OFFICER. The County Judge/Executive shall designate an official(s), to enforce the provisions of this chapter. The Judge/Executive may authorize the issuance of citations for violations of the chapter, which the officer has observed, but they shall not have power of peace officers to make arrest or carry deadly weapons. The defendant of citations shall appear within a designated time pursuant to the citation.
   FAMILY. One or more persons living as a single housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity or sorority house. A FAMILY shall be deemed to include servants.
   FENCE. A man-made structure consisting of wood, metal, wire, mesh, masonry, or other man-made material. FENCES shall include any type of fence, wall trellis, or similar structure.
   FLOOR AREA RATIO. The floor area of the building divided by the area of the lot.
   GARAGE, PRIVATE. A detached accessory building or portion of a main building, used for the storage of self-propelled vehicles and chattel of the family to which the garage is accessory, and not more than one-half of the total number of vehicles stored in such garage shall be rented for vehicles and chattel of other than occupants of the building to which garage is accessory.
   GARAGE, PUBLIC. Any building or premises, except those defined herein as a private garage, used for the storage or care of motor vehicles, or where such vehicles are equipped for operation, repaired or kept for remuneration, hire, or sale.
   GROUND FLOOR AREA. The square foot area of a residential building within its largest outside dimensions computed on a horizontal plane at the ground floor level, exclusive of open porches, breezeways, terraces, garages, exterior stairways, and secondary stairways.
   HOME-BASED BUSINESS. In a dwelling house for one family, or one housekeeping unit only, on one lot; provided, however, that nothing herein contained shall prevent the use of a minor part of the dwelling house, or accessory building, for an office or studio by person or persons residing in the dwelling house, and where there are no more than one non-resident employee, and where customers or clients do not regularly visit the site, and there is no outside storage of equipment or materials.
   HOME OCCUPATION.
      (1)   Any use conducted entirely within a dwelling and carried on solely by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling purposes and does not change the character thereof; minimal stock in trade, or outside storage of equipment or materials, and not more than two persons other than the residents are to engage in such occupation.
      (2)   The use shall not generate noise, vibrations, smoke, odors, or electrical interference beyond the property line. A minimum of two off-street parking spaces shall be provided on the premises.
      (3)   The following are included as HOME OCCUPATIONS:
         (1)   Artist
         (2)   Computer programming;
         (3)   Child care;
         (4)   Professional consultants;
         (5)   Insurance agents;
         (6)   Minister and pastoral care;
         (7)   Personal care;
         (8)   Real estate broker;
         (9)   Sales representatives (no trade stock on site);
         (10)   Telecommuters; and
         (11)   Similar uses as approved by the Planning Commission.
   HOSPITAL. Includes sanitarium, preventorium, and clinic, provided such institution is operated by or treatment given under the direct supervision of a physician licensed to practice by the State of Kentucky.
   HOTEL or MOTEL. A building, or portion thereof, or group of buildings in which lodging is provided and offered to the public for compensation and which is open to transient guests, in contradistinction to a lodging house.
   INDUSTRIAL, HEAVY. Those industries whose processing of products result in the emission of any atmospheric pollutant, light flashes or glare, odor, noise, or vibration which may be heard and/or felt off the premises, and those industries which constitute a fire or explosion hazard.
   INDUSTRIAL, LIGHT. Those industries whose processing of products results in none of the conditions described for heavy industry.
   JUNKYARD. Any place at which personal property is or may be salvaged for reuse, resale, or reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled, or sorted, including, but not limited to, use of salvaged vehicles, base metal or metals, their compounds or
combinations, used or salvaged vehicles, appliances, rope, bags, paper, rags, glass, rubber, lumber, millwork, brick and similar property which are used, owned, or possessed for the purpose of wrecking or salvaging parts therefrom.
   KENNEL, COMMERCIAL. Any lot or premises on which dogs or small animals are kept for commercial boarding, breeding, or sale purposes.
   KENNEL, PRIVATE. Any lot or premises on which dogs or small animals are in or adjoining a private residence where hunting or other dogs are kept for the hobby of the householder (i.e., hunting, tracking, or exhibiting), or guarding/protecting the householder’s property and is permitted in all zones as an accessory use provided that such dogs or small animals do not constitute a nuisance to the neighborhood.
   LOT. A piece, parcel, plot, tract, or area of land occupied or capable of being occupied by one principal building and the accessory buildings or uses customarily incidental to it, and including the open spaces required under this chapter; having its principal frontage on a street. The word LOT includes the “plot” or “parcel.”
   LOT, CORNER. A lot at a junction of, and fronting on, two or more intersecting streets.
   LOT COVERAGE. The percentage of the lot area covered by the building area.
   LOT, INTERIOR. A lot other than a corner or through lot.
   LOT LINE, FRONT. In the case of an interior lot, a line separating the lot from the street or place, and in the case of a corner lot, the line designated in deed or subdivision requirements, or if no such requirements are provided, the line designated by the property owner at the time he or she seeks a building permit on the lot.
   LOT LINE, REAR. A lot line which is opposite and most distant from the front lot line and, in the case of an irregular or triangular shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.
   LOT LINE, SIDE. Any lot boundary lines not a front lot line or a rear lot line.
   LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets.
   LOT WIDTH. The dimension of a lot, measured between side lot lines at the building setback line.
   MANUFACTURED HOME. A single-family dwelling unit constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended, and manufactured after June 15, 1976, which is designed to be transported across streets and highways to a point of use, is equipped with the necessary service connections, and included the plumbing, heating, air conditioning, and electrical systems contained therein; made so as to be readily movable as a unit or units. For the purpose of this chapter, the term MANUFACTURED HOME is synonymous with
   MODULAR HOME, MOBILE HOME, and HOUSE TRAILER, but not “campers.”
   MINIMUM BUILDING SETBACK LINE. The minimum required distance between a lot line and a building line.
   MOBILE HOME PARK. A parcel of land under the control of any person, available to the public, in which three or more mobile home lots are occupied or intended for occupancy by mobile homes, and includes any service building, structure, enclosure, or other facility, used as part of the park.
   OCCUPIED. As applied to any land or building, shall be construed to include the words “intended, arranged or designed to be used or occupied.”
   PARKING AREA, PUBLIC. An open area, other than a street or alley designed for use or used for the temporary parking of four or more motor vehicles when available for visitor or employee use.
   PARKING AREA, VEHICLE DISPLAY. An open area for display of the lease, rental, or sale of motor vehicles.
   PARKING SPACE, OFF-STREET. An off-street space accessible from a street or road with a minimum width of nine feet and a minimum length of 18 feet.
   PERIMETER SCREENS. A six-foot high fence that is 90% visually solid or four feet tall shrubs and/or evergreen trees that will attain six feet in height within three years and also be 90% visually solid year round. Other plans for screening may be submitted for approval to the Zoning Administrator. PERIMETER SCREENS as used in this chapter do not require 100% blocked view from adjacent properties of structure.
   PERSON. Includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.
   PERSONAL AND CONVENIENCE SERVICES. Businesses offering services such as barber shops, beauty shops, laundromats, laundry and dry cleaning pickup/delivery stations (but excluding actual laundry operations), and similar uses.
   PLACE. An open, unoccupied, officially designated space (other than a street or alley), permanently reserved for use as the principal means of access to abutting property.
   PLANNED UNIT DEVELOPMENT (PUD). A self-contained development, which may be developed under single ownership or control, often with a mixture of housing types and densities, in which the subdivision and zoning controls are applied to the project as a whole rather than to individual lots, as in most subdivisions. Therefore, densities are calculated for the entire development, usually permitting a trade-off between clustering of housing and provision of common open space.
   PROFESSIONAL OFFICE. Offices of members of recognized professions such as physicians, surgeons, lawyers, engineers, dentists, and architects.
   PUBLIC FACILITY. Any use of land, whether publicly or privately owned, for transportation, utilities, communications, or any use which is necessary for the health and safety of the general public, including but not limited to, libraries, streets, schools, fire or police stations, ambulance services, county buildings, municipal buildings, recreational centers (including parks), and cemeteries.
   RECREATION VEHICLE COMMUNITY. A parcel of land under the control of any person, available to the public, in which two or more recreational vehicle (RV) spaces are occupied or intended for occupancy by campers or recreational vehicles, and includes any service building, structure, enclosure, or other facility, used as part of the park.
   SIGN. Any board, device, or structure, or part thereof, used for advertising, display, or publicity purposes. Signs placed or erected by governmental agencies for the purpose of showing street names or traffic directions or regulations for other governmental purposes shall not be included therein.
   STREET. A right-of-way (other than an alley), dedicated or otherwise legally established to the public use, usually affording the principal means of access to abutting property.
   STRUCTURE. Anything constructed or made, the use of which requires permanent location in or on the ground or attachment to something having a permanent location in or on the ground, including buildings and signs.
   STRUCTURAL ALTERATION. Any change in the supporting members of a building such as bearing walls or partitions, columns, beams or girders, or any substantial change in the exterior walls of the roof.
   SUBDIVISION. The division of land into two or more lots or parcels for the purpose, whether immediate or future sale, lease of building or land development, or if a new street is involved, any division of a parcel of land, providing that a division of land for agricultural use and not involving a new street shall not be deemed to be a subdivision. The term SUBDIVISION includes re-subdivision and when appropriate to the context, shall relate to the process of subdivision or to the land subdivided; any division or re-division of land into parcels less than one acre occurring within 12 months following a division of the same land shall be deemed a subdivision.
   TOURIST HOME. A building in which more than one, but not more than five, guest rooms are used to provide or offer overnight accommodations for transient guests for compensation. A bed and breakfast inn is included in this definition.
   TOWN HOME. A single-family dwelling constructed as part of a series of dwellings, all of which are either attached to the adjacent building and/or buildings by party walls or are located immediately adjacent thereto with no visible separation between walls or roofs; all of which dwellings may be located on individual and separate lots if individually owned, or upon a single lot if under common ownership. Each town house unit shall be capable of separate ownership. The construction of a town house structure across an existing lot line shall not be deemed to abrogate that line.
   TRADE OR BUSINESS SCHOOL. A secretarial school or college, business school or college, when not public and not owned or conducted by or under the sponsorship of a religious or charitable organization; or a school conducted as a commercial enterprise for teaching instrumental music, dancing, barbering, martial arts, or hairdressing, or for teaching industrial skills in which machinery is employed as a means of instruction. This definition shall not be deemed to include an educational institution as defined in this section.
   USE. The employment or occupation of a building, structure, or land for a person’s service, benefit, or enjoyment.
   USE, NONCONFORMING. An existing use of land or building which was legal prior to the effective date hereof, but which fails to comply with the requirements set forth in this chapter applicable to the zone in which such use is located.
   USED. As applied to any land or building, shall be construed to include the words “intended, arranged, or designed to be used or occupied.”
   VARIANCE, DIMENSIONAL. Departure from the terms of the zoning regulations pertaining only to height or width and location of structures, size of yards and open spaces, and other dimensional features of this chapter, where such departure will not be contrary to the public interest, and where, owing to conditions peculiar to the property because of its size, shape or topography, and not as a result of the actions of the applicant, the literal enforcement of the zoning regulations would result in unnecessary and undue hardship.
   WALL, RETAINING. A physical barrier necessary to prevent the erosion and/or deterioration of an established elevation.
   YARD. A space on the same lot with principal and accessory buildings, open and unoccupied other than by steps, walks, terraces, driveways, lampposts and similar structures, and unobstructed by structures, except as otherwise provided in this chapter.
   YARD, FRONT. A yard extending across the full width of the lot, between two side lot lines, the depth of which is the least distance between the street right-of way and the building line.
   YARD, REAR. A yard extending across the full width of the lot between the two side lot lines and between the rear line and a parallel line tangent to the rear of the principal building, the depth of which is the least distance between the rear lot line and the parallel line.
   YARD, SIDE. A yard bounded by the rear yard, the front yard, the side lot line and the principal and accessory building.
   ZONING MAP or MAP. The zoning map of the county.
(Ord. 2017-07, passed 11-27-2017; Ord. 2022-11, passed 1-9-2023)

§ 150.017 SUBDIVISION COORDINATION REQUIRED.

   In all cases where the ownership of land is divided for the purpose of development of lots, the county subdivision regulations, as well as these zoning regulations, shall apply.
(Ord. 2017-07, passed 11-27-2017)

§ 150.018 ZONE CLASSIFICATION AND BOUNDARIES.

   (A)   The county is divided into zones classified as follows:
      (1)   AG - Agricultural Zone;
      (2)   UR - Urbanizing Residential Zone;
      (3)   RR - Rural Residential Zone;
      (4)   MHP - Mobile Home Park Zone;
      (5)   C - Commercial Zone;
      (6)   ML - Light Industry Zone; and
      (7)   MH - Heavy Industry Zone.
   (B)   The boundaries of the above zones are hereby established as shown on the zoning map entitled, “Zone Map of McCracken County, Kentucky,” which has been recommended and certified by the Planning Commission and the Fiscal Court and is hereby made a part of these zoning regulations.
(Ord. 2017-07, passed 11-27-2017)

§ 150.019 INTERPRETATION OF ZONE BOUNDARIES.

   Where zone boundaries are indicated as approximately following the centerline of streets, roads, highways, railroad right-of-way, river and streambeds, boundaries of the county, city limits and property lines, such lines shall be construed to be the same zone boundaries. In certain instances, the zone boundary shall be set at a fixed distance from the road centerline. In other limited instances, zone boundaries may follow neither geographic features nor property lines. In those cases, the Zoning Administrator will scale the zone boundaries from the county zone map.
(Ord. 2017-07, passed 11-27-2017)

§ 150.030 APPLICABILITY OF SUBCHAPTER.

   Except as herein specified, the following provisions shall be applied within all zoning districts.
(Ord. 2017-07, passed 11-27-2017)

§ 150.031 ACCESS CONTROL.

   No point of access shall be allowed within 25 feet of the intersection in the right-of-way of two streets, highways, or roads. The Board of Adjustment may grant variances. No curb or right-of-way shall be cut or altered without acquiring a permit from the office of the County Road Department. Requirements of the permit, including but not limited to the application, design requirements, and improvement bonds shall be done in a manner specified by the Zoning Administrator.
(Ord. 2017-07, passed 11-27-2017)

§ 150.032 NONCONFORMING USES.

   (A)   Continuation generally. The lawful use of a building or land existing at the time of the adoption of these zoning regulations and amendments hereto may be continued, although such use does not conform to the provisions of the adopted zoning regulations, except as otherwise provided herein.
   (B)   Specific standards.
      (1)   A nonconforming use or structure existing at the time of the adoption of these zoning regulations, which was conforming at the time of its erection, may be continued in use, although such use does not conform to the provisions of such regulations.
      (2)   With the formal authorization of the Board of Adjustment, granted after a duly advertised public hearing and after its determination that the properties in the general vicinity will not be adversely affected by the change, an existing nonconforming use may be changed to a new nonconforming use in the same or a more restrictive zone classification.
      (3)   The Board of Adjustment shall not allow the enlargement or extension of a nonconforming use beyond the scope and area of its operation at the time the regulation, which makes its use nonconforming, was adopted. Any proposal for an enlargement or extension of a structure or building which does not enlarge the scope or the operation shall appear before the Board of Adjustment, which may be granted after a public hearing.
      (4)   A building or structure, which is the subject of a nonconforming use, may be maintained and repaired.
      (5)   A building or structure which does not comply with the dimensional requirements of the zoning regulations may be maintained, repaired, altered, or moved, provided that every portion so enlarged or moved shall be made to conform to all the regulations of the zone in which the structure is located.
      (6)   A building or structure which is nonconforming, either with respect to its use or with respect to dimensional requirements on the lot where it is situated, which is damaged or destroyed by any cause to the extent of more than 75% of its value or area, shall not be repaired nor rebuilt, except in conformance with the provisions of the zoning regulations.
      (7)   On any lot where there is an existing principal structure which was conforming at the time it was constructed, but which had become nonconforming with respect to front, rear, or side yard requirements, and which otherwise complies with the use and dimensional requirements of the zoning regulations, an addition to that structure may be constructed which similarly does not conform to the front, rear or side yard requirements; provided the newly created nonconform is no nearer to the front, side, or rear lot line than the previously nonconforming existing structure.
(Ord. 2017-07, passed 11-27-2017)

§ 150.033 LOTS.

   (A)   Multiple principal buildings. In a UR zone, only one principal structure and its customary accessory structures may hereafter be erected on any one lot. Agriculture uses, regardless of zone, are exempt from this requirement. In a UR zone, the Planning Commission, with an approved development plan, may authorize multiple principal buildings but one residential dwelling unit may be added without a development plan if there is at least 12,000 square feet of lot area per dwelling unit. In AG, RR, C, ML, and MH zones, multiple principal buildings are allowed.
   (B)   Front yard setback lines. Front yard setback lines may be varied where the average depth of principal buildings of adjoining properties is less than the depth as prescribed by the zoning regulations. In such case, the front yard in question shall not be less than the average depth of existing front yards on the two lots immediately adjoining. If the adjoining lots are vacant, then nearest structures in the district may be considered.
   (C)   Zero lot lines. The purpose of this zero lot line regulation is to allow multiple single-family attached residential structures to be built across one or more side lot lines. Structures shall be constructed on the interior side lot lines, having a separate unit on each of the lots, and a side yard setback shall be provided on each end of the structure. Setback lines apply to the structure as a whole, not individual units, allowing individual units in a single building to each be an individual parcel. The structure as a whole is required to meet front, rear, and side yard setbacks and total area requirements.
(Ord. 2017-07, passed 11-27-2017)

§ 150.034 CONDITIONAL USES.

   Conditional uses are allowed only by specific approval of the Board of Adjustment and only in the zone in which they are listed.
   (A)   Application and review procedure. The Board shall grant the conditional use following a public hearing and upon an affirmative finding by the Board that:
      (1)   The proposed conditional use is to be located in a zone wherein such use may be permitted; and
      (2)   The conditional use is consistent with the spirit, purpose, and intent of the zoning regulations, will not substantially and permanently injure the appropriate use of neighboring property, and will serve the public convenience and welfare.
   (B)   The Board of Adjustment may approve or deny any applications for a conditional use permit. If it approves the issuance of a conditional use permit, it may attach conditions to the approval such as time limitations, requirements that one or more things be done before construction can be initiated, or conditions of a continuing nature. Any such condition shall be recorded in the Board’s minutes and on the conditional use permit, along with a reference to the specific section of the zoning regulations, or any other applicable ordinance of the county listing the conditional use under consideration.
   (C)   The Board of Adjustment shall have the power to revoke conditional use permits for noncompliance with the conditions thereof. Furthermore, the Board shall have the right of action to compel offending structures or uses to be removed at the cost of the violator and may have judgment against that person for such cost.
   (D)   The conditional use permits approved by the Board of Adjustment shall be recorded at the expense of the applicant in the office of the County Clerk.
   (E)   Approval of a conditional use permit does not exempt the applicant from complying with all requirements of building, housing, and other codes and regulations of the county.
   (F)   In any case in which a conditional use permit has not been exercised within one year from its date of issuance, such conditional use many revert to its original zoning designation following a public hearing held by the Board of Adjustment in accordance with KRS Chapter 424. “Exercised,” as set forth in this division, shall mean that binding contracts for the construction of the main building or other improvements have been let or, in the absence of contracts, that the principal building or other improvements are under construction to a substantial degree, or that prerequisite conditions involving substantial investment are under contract, in development, or complete. When construction is not a part of the use, “exercised” shall mean that the user is operating in compliance with the conditions as designated in the permit.
   (G)   The Administrative Official shall review all conditional use permits, except those for which all conditions have been permanently satisfied, at least once each year. The enforcement office shall have the power to inspect the land or structure where the special use is located in order to determine if the landowner is complying with all of the conditions, which are listed on the conditional use permit.
   (H)   If the landowner is not complying with all of the conditions listed on the conditional use permit, the enforcement officer shall report this fact in writing to the chairperson of the Board of Adjustment. The report of the enforcement officer shall state specifically the manner in which the landowner or occupant is not complying with the conditions on the conditional use permit. A copy of this report shall be furnished to the landowner at the same time (as nearly as is possible) it is furnished to the chairperson of the Board. The Board shall hold a hearing on the report within a reasonable time, and notice of the time and place of the hearing shall be furnished to the landowner and/or occupant at least one week prior to the hearing.
   (I)   If the Board of Adjustment finds that the facts alleged in the report of the enforcement officer are true, and that the landowner and/or occupant has taken no action to comply with the conditions (as originally placed on the permit) between the date of the report and the date of the hearing, the Board may authorize the Administrative Official to revoke the conditional use permit and take the necessary legal action to cause the termination of the activity on the land which the conditional use permit authorizes.
   (J)   Once the Board of Adjustment has completed a conditional use permit and all the conditions required are of such type that they can be completely and permanently satisfied, the Administrative Official, upon request by the applicant, may, if the facts warrant, make a determination that the conditions have been satisfied and enter the facts which indicate that the conditions have been satisfied and the conclusions in the margin of the copy of the conditional use permit which is on file with the County Clerk; thereafter the use in question, if it continues to meet the other requirements of the zoning regulations, will be considered a permitted use.
(Ord. 2017-07, passed 11-27-2017)

§ 150.035 MOBILE HOME PARKS.

   (A)   Defined. All proposed mobile home parks shall comply with all applicable state, federal, and county subdivision regulations and zoning regulations. MOBILE HOME PARKS are wherever:
      (1)   Three or more mobile homes occupy, or are intended for occupancy, on a single lot in the MHP zone; or
      (2)   On a lot where there is a principal building and one or more rental or lease spaces on one lot, with less than 12,000 square feet of lot area per structure.
   (B)   Mobile home park requirements.
      (1)   Minimum area requirements. No mobile home park shall be permitted on an area of less than five acres. However, the park may develop in stages as long as it complies with an overall approved development plan.
      (2)   Lot requirements. Individual lots within a mobile home park shall not be less than 5,000 square feet in an area with only one mobile home per lot. Minimum lot width shall be 40 feet.
   (C)   Lot coverage. Lot coverage by mobile home and accessory structures shall not exceed 66% of the lot area.
   (D)   Setback. No mobile home or accessory structure shall be closer than 30 feet to any public street right-of-way. No mobile home or accessory structure shall be closer than 15 feet to any privately maintained street right-of-way within the mobile home park. No mobile home or accessory structure shall be closer than seven and one-half feet to a rear lot line or less than ten feet to side lot line. No mobile home or accessory structure shall be closer than 25 feet to any property boundary line of the park. No mobile home or accessory structure shall be closer than 25 feet to any property boundary line within the park. No mobile home shall be located within 20 feet to another mobile home except that a minimum end-to-end clearance of not more than 15 feet shall be permitted.
   (E)   Common open space and facilities. At least one substantial area of usable open space shall be provided. Such area shall:
      (1)   Total at least 2.5% of total park area;
      (2)   Be developed for active and passive recreation, including new children's equipment and a fenced tot lot; and
      (3)   This area shall be landscaped, improved, and maintained.
   (F)   Perimeter. All mobile home park boundary lines excluding public road rights-of-way shall have either a six-foot high fence that is 90% visually solid or four feet tall shrubs and/or evergreen trees that will attain six feet in height within three years and also be 90% visually solid year round.
   (G)   Street and sidewalks. All mobile home lots shall abut upon a street of not less than 30 feet in right-of-way width. All streets shall have a pavement width of not less than 20 feet. All streets within a mobile home park shall be paved, surfaced, and well lighted. All mobile home parks shall have a three feet wide sidewalk on one side of all park streets. They shall be smooth surfaced, and free from mud, dust, and standing water at all time.
   (H)   School bus stops. There shall be a sheltered school bus stop provided. The location shall be designated by the local school board and shown on the preliminary plat. The shelter shall be a minimum of an open-sided, roofed structure with a hard surfaced, well-drained floor. The shelter square footage shall be a minimum of six square feet for every dwelling unit.
   (I)   Drainage. Mobile home park street and ditch drainage shall meet or exceed § 190.46(G) of the subdivision regulations, or §§ 150.085 through 150.094 of this chapter.
(Ord. 2017-07, passed 11-27-2017; Ord. 2022-11, passed 1-9-2023)

§ 150.036 PLANNED UNIT DEVELOPMENT.

   All proposed planned unit development shall comply with all applicable county subdivision regulations and zoning regulations.
(Ord. 2017-07, passed 11-27-2017)

§ 150.037 ADULT ENTERTAINMENT USE AND ACTIVITIES.

   (A)   Intent and purpose. In order to prevent crime, protect the county's retail trade, maintain property values, and generally to protect and preserve the quality of its neighborhoods, commercial districts, and the quality of life, this chapter regulates the location of adult entertainment establishments by dispersing them throughout the county. In the development and execution of this section, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon the use and enjoyment of adjacent areas. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are itemized in this section. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area. Wherever there are other county regulations, the stricter of the regulation applies. Uses subject to these controls are as follows in this section.
   (B)   Specified use list.
      (1)   Adult amusement arcade;
      (2)   Adult book store;
      (3)   Adult internet service center;
      (4)   Adult motion picture theater;
      (5)   Adult stage show theater;
      (6)   Adult video cassette rental center;
      (7)   Cabaret; and
      (8)   Commercial sexual entertainment center.
   (C)   Definitions.
      (1)   ADULT AMUSEMENT ARCADE. An establishment having as one of its principal uses one or more of the following: customer-operated motion picture devices, peep shows, viewing area, and/or similar devices, for display of material distinguished or characterized by an emphasis on depiction of sexual activities, as hereinafter defined, or which offer persons who expose to view of the customers the bare female breast below a point immediately above the top of the areola, human genital, pubic region, or buttocks, even if partially or completely covered by translucent material, or human or simulated male genitals in a discernible turgid state, even if completely or opaquely covered.
      (2)   ADULT BOOK STORE. An establishment having as one of its principal uses the sale, rent, or display of pictures, books, periodicals, magazines, appliances, and similar materials which are distinguished or characterized by their emphasis on depiction of sexual activities as hereinafter defined or an establishment with a substantial segment or section devoted to the sale, rental or display of such material.
      (3)   ADULT ENTERTAINMENT CENTER. Any use or building or portion thereof, which contains, or is used for commercial entertainment where the patron directly or indirectly is charged a fee to engage in personal contact with or to allow personal contact by employees, devices, or equipment or by personnel provided by the establishment or view of a series of dance routines, strip performances or other choreography provided by the establishment which appeals to the prurient interest of the patron, to include, but not be limited to bath houses, massage parlor, and related or similar activities. Any permitted, conditionally permitted, or accessory uses allowed within any zone shall not be interpreted to include ADULT ENTERTAINMENT CENTER.
      (4)   ADULT INTERNET SERVICE CENTER. An establishment having or advertising as having as one of its principal uses, the presentation or production of video clips, live pictures, still pictures, conversations, and similar material having as a dominant theme or characterized or distinguished by an emphasis on matter depicting, describing or relating to sexual activities, as hereinafter defined, or which offer persons who expose to view of the customers the bare female breast below a point immediately above the tope of the areola, human genital, pubic region, or buttocks, even if partially or completely covered by translucent material, or human or simulated male genitals in a discernible turgid state, even if completely or opaquely covered, for presentation to persons, services appealing to adult sexual interests, through the use of the world wide web, internet transmissions, or other similar telecommunications services.
      (5)   ADULT MOTION PICTURE THEATER. An establishment having or advertising as having as one of its principal uses the production, or presentation of motion pictures, slide projections, and other similar material having as a dominant theme or characterized or distinguished by an emphasis on matter depicting, describing or relating to sexual activities, as hereinafter defined, for observation by persons therein.
      (6)   ADULT STAGE SHOW THEATER. An establishment having or advertising as having as one of its principal uses the presentation of live performances of humans or animals having as a dominant theme or characterized or distinguished by an emphasis on matter depicting, describing or relating to sexual activities, as hereinafter defined, or which offer persons who expose to view of the customers the bare female breast below a point immediately above the top of the areola, human genital, pubic region, or buttocks, even if partially or completely covered by translucent material, or human or simulated male genitals in a discernible turgid state, even if completely or opaquely covered, for observation by persons therein.
      (7)   ADULT VIDEO CASSETTE RENTAL CENTER. A commercial establishment characterized or distinguished by an establishment which has as one of its principal uses the rental or sale of video cassettes which depict material emphasis on matter depicting describing or relating to sexual activities, as hereinafter defined and which does not provide an on premises showing such material.
      (8)   CABARET. An establishment which features as a principal use of its business, entertainers, and/or waiters and/or bartenders, male or female impersonators and/or other persons, either male or female, who expose to public view of the patron of said establishment at any time the bare female breast below a point immediately above the top of the areola, human genitals, pubic region or buttocks, even if partially or completely covered by translucent material, and/or human or simulated male genitals in a discernible turgid state, even if completely and opaquely covered.
      (9)   COMMERCIAL SEXUAL ENTERTAINMENT CENTER. Any other commercial establishment not otherwise described herein which make available material, services, or entertainment appealing to adult sexual interests including but not limited to “bath houses”, “swingers club” or similar establishments services or goods that are advertised by or on behalf of the establishment in a manner patently designed to appeal to such adult sexual interests.
      (10)   MEASUREMENT. Measurement shall be made by measuring the shortest distance between boundaries. Measurements shall be made on a horizontal plane.
      (11)   SEXUAL ACTIVITIES. Depiction of human genitals in a state of arousal, acts of human masturbation, sexual intercourse or sodomy, bestiality, holding or other erotic touching of human genitals, public region, buttocks, or breasts.
   (D)   Location requirements.
      (1)   The above specified uses list shall exclusively and only be permitted in the C zone (Commercial). The provisions of § 150.056(A)(1) do not apply to adult entertainment uses.
      (2)   New establishments may not locate within 1,000 feet of any other lawfully operating adult entertainment establishment. Measurements shall be made as described herein.
      (3)   The above specified uses list shall not be operated or maintained within 1,000 feet of a UR or RR district, and/or within 1,000 feet of a house of worship, a state licensed day care facility, a school, or a public park. Measurements shall be made as described herein.
      (4)   New establishments may not locate to a site if 75% or more of the tracts within a circular area, as described herein, are residential in character. The radius of such circular area shall be 400 feet. The center of such circular area shall correspond to the midpoint of a line joining the two most distant points on the boundary of the tract on which the enterprise is located.
   (E)   Nonconforming uses. Section 150.032 of this chapter shall govern nonconforming uses.
   (F)   Screening requirements. Adult entertainment establishments as listed in this section shall screen all adjacent property owners. The street side shall not be exempted. The screening height shall be a minimum of six feet, and shall be at least 90% opaque.
(Ord. 2017-07, passed 11-27-2017)

§ 150.038 CELLULAR ANTENNA TOWER REGULATIONS.

   (A)   Purpose. The purposes of these regulations are: to provide for the safest and most efficient integration of cellular antenna towers for cellular telecommunications services or personal communications services within the community; to provide for such facilities in coordination with the recommendations of the comprehensive plan; and to allow for such facilities with the intention of furthering the public health, safety, and general welfare.
   (B)   Pre-application conference. Applicants are encourage to notify the Planning Commission to discuss proposals, to allow for early coordination, and to identify those items that are in conformance/nonconformance with the comprehensive plan, zoning ordinance, and the provisions of these regulations.
   (C)   Definitions. For the purposes of these regulations, the following definitions shall apply:
      (1)   ALTERNATIVE CELLULAR ANTENNA TOWER. Man-made trees, clock towers, bell towers, steeples, light poles and similar alternative-design mounting structures that accommodate, camouflage, minimize or conceal the presence of cellular antennas or cellular antenna towers that are constructed primarily for the purpose of accommodating cellular antennas or cellular antenna towers or are reconstructed for the purpose of accommodating cellular antennas or cellular antenna towers. This does not include existing structures erected for another primary purpose, but which subsequently have cellular antennas attached to or located within them, without any reconstruction of the original structure. For the provisions of these regulations, an alternative cellular antenna tower is considered a cellular antenna tower.
      (2)   ANTENNAS OR RELATED EQUIPMENT. Transmitting, receiving, or other equipment used to support cellular telecommunications service or personal communications service. This definition does not include towers.
      (3)   CELLULAR ANTENNA TOWER. A tower constructed for, or an existing facility that has been adapted for, the locations of transmission or related equipment to be used in the provision of cellular telecommunications services or personal communications services.
      (4)   CELLULAR TELECOMMUNICATIONS SERVICE. A retail telecommunications service that uses radio signals transmitted through cell sites and mobile switching stations.
      (5)   CO-LOCATION. Locating two or more transmission antennas or related equipment on the same cellular antenna tower.
      (6)   GUYED CELLULAR ANTENNA TOWER. A type of wireless transmission tower that is supported by thin guy wires.
      (7)   LATTICE CELLULAR ANTENNA TOWER. A self-supporting tower with multiple legs and cross bracing of structural steel.
      (8)   MONOPOLE CELLULAR ANTENNA TOWER. A slender self-supporting tower on which wireless antennas can be placed.
      (9)   PERSONAL COMMUNICATION SERVICE. Has the meaning as defined in 47 U.S.C. sec. 332(c).
      (10)   PLANNING COMMISSION. The County Planning Commission.
      (11)   UNIFORM APPLICATION. An application to construct a cellular antenna tower submitted to a planning commission in conformity with KRS 100.985 through KRS 100.987.
      (12)   UTILITY. Has the meaning as defined in KRS 278.010(3).
   (D)   General. Cellular antenna towers for cellular telecommunications services or personal communications services may be allowed in any zone after a Planning Commission review in accordance with the following procedures to ascertain agreement with the adopted comprehensive plan and the regulations contained within the zoning ordinance.
      (1)   Applicability. Every utility, or a company that is engaged in the business of providing the required infrastructure to a utility, that proposes to construct a cellular antenna tower shall submit a completed uniform application to the Planning Commission. Where the Planning Commission finds that circumstances or conditions relating to the application of an alternative cellular antenna tower are such that one or more of the requirements of the uniform application listed below are not necessary or desirable for the protection of surrounding property or the public health, safety, and general welfare, and that such special conditions or circumstances make one or more said requirements unreasonable, the Planning Commission, or its duly authorized representative, may modify or waive such requirement of the uniform application, either permanently or on a temporary basis. Any such modification or waiver shall be requested by the applicant, and the applicant shall submit a written justification for each requested modification or waiver. The Planning Commission shall not regulate the placement of antennas or related equipment on an existing structure.
      (2)   Application requirements. Applications for the construction of cellular antenna towers for cellular telecommunications services or personal communications services shall include the following:
         (a)   The full name and address of the applicant;
         (b)   The applicant’s articles of incorporation, if applicable;
         (c)   A geotechnical investigation report signed and sealed by a professional engineer registered in Kentucky that includes boring logs and foundation design recommendations;
         (d)   A written report, prepared by a professional engineer or land surveyor, of findings as to the proximity of the proposed site to flood hazard areas.
         (e)   Clear directions to the proposed site, including highway numbers and street names, if applicable, with the telephone number of the person who prepared the directions.
         (f)   The lease or sale agreement for the property on which the tower is proposed to be located, except that, if the agreement has been filed in abbreviated form with the County Clerk, an applicant may file a copy of the agreement as recorded by the County Clerk and, if applicable, the portion of the agreement that specifies, in the case of abandonment, a method that the utility will follow in dismantling and removing the proposed cellular antenna tower including a timetable for removal.
         (g)   The identity and qualifications of each person directly responsible for the design and construction of the proposed tower.
         (h)   A site development plan, signed and sealed by a professional engineer or surveyor licensed in Kentucky, that shows the proposed location of the tower and all easements and existing structures within 500 feet of the proposed site on the property on which the tower will be located, and all easements and existing structures within 200 feet of the access drive, including the intersection with the public street system.
         (i)   A survey, prepared by a surveyor licensed in Kentucky. The survey shall be in accordance with all of the requirements of the county subdivision ordinance and KRS Chapter 100, that shows lease lines or property line, which upon approval, shall be recorded.
         (j)   A vertical profile sketch of the tower, signed and sealed by a professional engineer registered in Kentucky, indicating the height of the tower and the placement of all antennas.
         (k)   The tower and foundation design plans and a description of the standard according to which the tower was designed, signed, and sealed by a professional engineer registered in Kentucky.
         (l)   A map, drawn to a scale no less than one inch equals 200 feet, that identifies every structure and every owner of real estate within 500 feet of the proposed tower.
         (m)   A statement that every person who, according to the records of the property valuation administrator, owns property within 500 feet of the proposed tower or property contiguous to the site upon which the tower is proposed to be constructed, has been:
            1.   Notified by certified mail, return receipt requested, of the proposed construction which notice shall include a map of the location of the proposed construction;
            2.   Given the telephone number and address of the local Planning Commission; and
            3.   Informed of his or her right to participate in the Planning Commission's proceedings on the application.
         (n)   A list of the property owners who received the notice, together with copies of the certified letters sent to the listed property owners.
         (o)   A statement that the Judge/Executive of the county has been notified, in writing, of the proposed construction and a copy of the notification.
         (p)   A statement that the Paducah-McCracken County Barkley Regional Airport has been notified, in writing, of the proposed construction and a copy of the notification.
         (q)   A statement that:
               1.   A written notice, of durable material at least two feet by four feet in size, stating that “[Name of applicant] proposes to construct a telecommunications tower on this site” and including the addresses and telephone numbers of the applicant and the Planning Commission, has been posted in a visible location on the proposed site; and
               2.   A written notice, at least two feet by four feet in size, stating that “[Name of applicant] proposes to construct a telecommunications tower near this site” and including the addresses and telephone numbers of the applicant and the Planning Commission, has been posted on the public road nearest the site.
         (r)   A statement that notice of the location of the proposed construction has been published in the Paducah Sun newspaper.
         (s)   A brief description of the character of the general area in which the tower is proposed to be constructed, which includes the existing land use for the specific property involved.
         (t)   A statement that the applicant has considered the likely effects of the installation on nearby land uses and values and has concluded that there is no more suitable location reasonably available from which adequate service to the area can be provided, and that there is no reasonably available opportunity to locate its antennas and related facilities on an existing structure, including documentation of attempts to locate its antennas and related facilities on an existing structure, if any, with supporting radio frequency analysis, where applicable, and a statement indicating that the applicant attempted to locate its antennas and related facilities on a tower designed to host multiple wireless service providers' facilities or on an existing structure, such as a telecommunications tower or other suitable structure capable of supporting the applicant's antennas and related facilities.
         (u)   A map of the area in which the tower is proposed to be located, that is drawn to scale, and that clearly depicts the necessary search area within which an antenna tower should, pursuant to radio frequency requirements, be located.
         (v)   A grid map that shows the location of all existing cellular antenna towers and that indicates the general position of proposed construction sites for new cellular antenna towers within an area that includes:
            1.   All of the county; and
            2.   A one-half mile area outside the boundaries of the county, if that area contains either existing or proposed construction sites for cellular antenna towers.
   (E)   Confidentiality of application. All information contained in the application and any updates, except for any map or other information that specifically identifies the proposed location of the cellular tower then being reviewed, shall be deemed confidential and proprietary within the meaning of KRS 61.878. The Planning Commission shall deny any public request for the inspection of this information, whether submitted under Kentucky’s Open Records Act or otherwise, except when ordered to release the information by a court of competent jurisdiction. Any person violating this subsection shall be guilty of official misconduct in the second degree as provided under KRS 522.030. The confidentiality of the applications and any updates of the application can be waived by the written authorization of the applicant.
   (F)   Application fee. An applicant for the construction of cellular antenna towers for cellular telecommunications services or personal communications services shall pay an application fee in the amount set by the Planning Commission upon submission of a uniform application.
   (G)   Processing of application. Applications for the construction of cellular antenna towers for cellular telecommunications services or personal communications services shall be processed as follows:
      (1)   At least one public hearing on the proposal shall be held, at which hearing interested parties and citizens shall have the opportunity to be heard. Notice of the time and place of such hearing shall be published at least once, in the Paducah Sun newspaper, provided that one publication occurs not less than seven calendar days nor more than 21 calendar days before the occurrence of such hearing.
      (2)   Notice of the proposed shall be posted on the site at least 14 days in advance of the hearing. The notice shall consist of a written notice, of durable material at least two feet by four feet in size, stating that “[Name of applicant]” proposes to construct a telecommunications tower on this site and including the addresses and telephone numbers of the applicant and the planning commission. Notice of the proposal shall also be posted on the public road nearest the site. This notice shall consist of a written notice, of durable material at least two feet by four feet in size, stating that "[Name of applicant] proposes to construct a telecommunications tower near this site" and including the addresses and telephone numbers of the applicant and the Planning Commission.
      (3)   Notice of the hearing shall be given at least 14 days in advance of the hearing, by certified mail, return receipt requested, to the owner of every parcel of property within 500 feet of the proposed tower or property contiguous to the site upon which the tower is proposed to be constructed. The notice shall include a map of the location of the proposed construction, the telephone number and address of the Planning Commission and shall inform the addressee of his or her right to participate in the Planning Commissioner's proceedings on the application. Records maintained by the Property Valuation Administrator may be relied upon conclusively to determine the identity and address of said owner. In the event a property is in condominium or cooperative forms of ownership, then the person notified by mail shall be the president or chairperson of the owner group that administers property commonly owned by the condominium or cooperative owners. A joint notice may be mailed to two or more co-owners of an adjoining property who are listed in the Property Valuation Administrator’s records as having the same address.
      (4)   Upon holding the hearing, the Planning Commission shall, within 60 days commencing from the date that the application is received by the Planning Commission, or within a date specified in a written agreement between the Planning Commission and the applicant, make its final decision to approve or disapprove the uniform application. If the Planning Commission fails to issue a final decision within 60 days, and if there is no written agreement between the Planning Commission and the utility to a specific date of the Planning Commission to issue a decision, it shall be presumed that the Planning Commission has approved the utility’s uniform application.
   (H)   Design standards. The applicant shall provide information demonstrating compliance with the requirements contained herein. Potential sites that should be considered (in order from most-preferred to least-preferred) include existing utility towers, industrial zones, commercial zones, and government buildings and properties. Where the Planning Commission finds that circumstances or conditions relating to the particular application are such that one or more of the requirements listed below are not necessary or desirable for the protection of the surrounding property or the public health, safety, and general welfare, and that such special conditions or circumstances make one or more said requirements unreasonable, the Planning Commission, or its duly authorized representative, may modify or waive such requirement, either permanently or on a temporary basis. Any such modification or waiver shall be requested by the applicant, and the applicant shall submit a written justification for each requested modification or waiver.
      (1)   Monopoles. Monopole cellular antenna towers shall be permitted in any zone. Lattice and guyed cellular antenna towers shall be permitted in any zone except for Urbanizing Residential zones.
      (2)   Minimum lot size. Regardless of the minimum lot sizes listed in the specific zoning districts, or the county subdivision ordinance, the lot size may be the minimum necessary to comply with the objectives and standards of this section.
      (3)   Agricultural zone setback. Lattice and guyed cellular antenna towers constructed in an agricultural zone shall be located a minimum distance of not less than 250 feet from all existing residential structures. Distance shall be measured from the base of the tower to the nearest wall of the residential structure.
      (4)   Setbacks. Setbacks for all structures constructed in connection with guyed or lattice cellular antenna towers, except fences and/or guy wires, shall be a minimum distance from the property line or lease line equal to at least one-half the height of the tower, but not less than 50 feet. All structures constructed in connection with monopole or alternative cellular antenna tower shall comply with the applicable setback requirements established for other structures within the applicable zoning district. Alternative cellular antenna towers that are to be located as part of a utility service facility (e.g. power pole or telephone pole) shall comply with setback requirements applicable to such utility service facilities, if any.
      (5)   Height. A cellular antenna tower, or alternative antenna tower structure, may be constructed to a maximum height of 200 feet regardless of the maximum height requirements listed in the specific zoning district. This also applies to any tower taller than 15 feet constructed on the top of another building or structure, with the height being the overall height of building/structure and tower together, measured from the grade to the highest point. The Planning Commission may allow antennas greater than 200 feet in height upon review of the applicant's justification that the additional height meets the criteria identified in division (H)(6) below.
      (6)   Construction standards. The cellular antenna tower shall be constructed in compliance with the most current American National Standards Institute/Electronic Industries Alliance/ Telecommunications Industry Association (ANSI/EIA/TIA) standard and other applicable state standards. Prior to any applicable building permits being issued for any work on an existing cellular antenna tower, a site visit report will be provided attesting to the structural integrity and compliance with ANI/EIA/TIA standard and other applicable standards. Cellular antenna towers shall not be illuminated, except in accordance with other state or federal regulations.
      (7)   Staffing. The site shall be un-staffed. Personnel may periodically visit the site for maintenance, equipment modification, or repairs. To accommodate such visits, ingress/egress shall be only from approved access points.
      (8)   Fencing. Woven wire or chain link (80% open) or solid fences made from wood or other materials (less than 50% open) shall be used to enclose the site. Such fences shall not be more than eight feet in height, and may be located within the front, side, or rear yard.
      (9)   Screening. Screening shall be provided by evergreen trees, with a minimum height of six feet, planted in a staggered pattern at a maximum distance of 15 feet on center. The screening shall be placed in an area between the property line, or lease line, and a ten-foot setback.
      (10)   Surfacing. All driveways and off-street parking areas shall be paved with a durable surface such as asphalt or concrete.
      (11)   Signs. There shall be no signs permitted, except those displaying emergency information, owner contact information, warning or safety instructions, or signs that are required by a federal, state, or local agency. Such signs shall not exceed five square feet in area.
      (12)   Number of service providers. All new cellular antenna towers shall be designed and constructed to accommodate a minimum of three service providers.
      (13)   Lease agreements. All option and site lease agreements shall not prohibit the possibility of co-location, and in the case of abandonment, shall include a method that the utility will follow in dismantling and removing the proposed cellular antenna tower including a timetable for removal.
      (14)   Other approvals required. Approval of the Federal Aviation Administration (FAA) and the Kentucky Airport Zoning Commission (KAZC) or documentation where approval is not required shall be submitted prior to the issuance of a building permit for the construction of the cellular antenna tower.
   (I)   Criteria.
      (1)   Approval or disapproval of the proposal shall be based upon an evaluation of the proposal’s agreement with the comprehensive plan and zoning regulations.
         (a)   The Planning Commission may require the applicant to make a reasonable attempt to co-locate additional transmitting or related equipment. The Planning Commission may provide the location of existing cellular antenna towers on which the Commission deems the applicant can successfully co-locate its transmitting and related equipment.
         (b)   If the Planning Commission requires the applicant to attempt co-location, the applicant shall provide the Planning Commission with a statement indicating that the applicant has:
            1.   Successfully attempted to co-locate on towers designed to host multiple wireless service providers’ facilities or existing structures such as a telecommunications tower or another suitable structure capable of supporting the applicant's facilities, and that identifies the location of the tower or suitable structure on which the applicant will co-locate its transmission and related facilities; or
            2.   Unsuccessfully attempted to co-locate on towers designed to host multiple wireless service provider's facilities or existing structure such as a telecommunications tower or another suitable structure capable of supporting the applicant’s facilities and that:
               a.   Identifies the location of the towers or other structures on which the applicant attempted to co-located; and
               b.   Lists the reasons why the co-location was unsuccessful in each instance.
      (2)   The Planning Commission may deny a uniform application to construct a cellular antenna tower based on an applicant’s unwillingness to attempt to co-locate additional transmitting or related equipment on any new or existing towers or other structures.
      (3)   The Planning Commission shall not regulate the placement of a cellular antenna tower on the basis of the environmental effects of radio frequency emissions to the extent that the proposed facility complies with the regulations of the Federal Communications Commission concerning radio frequency emissions.
   (J)   Amendments. Any amendments to plans, except for minor adjustments as determined by the Planning Commission, or its duly authorized representative, shall be made in accordance with the procedure required by division (D) above, subject to the same limitations and requirements as those under which such plans were originally approved.
   (K)   Tower upgrades. Upgrades to any tower will require a structural analysis to be presented and if the tower is located within 300 feet of another structure or weight is being added, an on-site tower inspection report that has been performed within six months of the application.
(Ord. 2017-07, passed 11-27-2017; Ord. 2025-03, passed 5-12-2025)

§ 150.039 SIGNS.

   The purpose of this section is to establish regulations for the control of signs. The regulations further seek to ensure the safety of the motorists in the community by reducing the distracting influence of uncontrolled signage. Further, it is not the intent of this chapter to regulate any sign based upon content.
   (A)   Definitions for this section. The following words and terms shall have the meaning as hereinafter defined unless the context clearly indicates or requires a different meaning.
      (1)   SIGN. Any name, identification, description, display, illustration, or device which is affixed to or represented directly or indirectly upon a building, structure or land, in view of the general public, and which directs attention to a product, place, activity, person, institution, or business or otherwise provides information to the public.
      (2)   TEMPORARY SIGN. Any sign, banner, or advertising display constructed of cloth, canvas, light fabric, cardboard, or other light material, intended or customarily expected to be displayed for a limited period of time only, not to exceed 30 days. Temporary signs may be as large as 16 square feet. There shall be no more than one temporary sign for every 40 feet of road frontage.
      (3)   OFF-PREMISE SIGN. Any sign advertising a business, person, activity, goods, products, or services not located on the site where the sign is installed.
   (B)   General regulations.
      (1)   No sign shall be erected or maintained at any location where, by reason of its position, working, illumination, size, shape, or color, it may obstruct, impair or otherwise interfere with the view of, or be confused with any authorized traffic-control sign, signal, or device.
      (2)   No sign shall be placed in any public right-of-way, except governmental regulatory signs for public good and use that direct and control traffic.
      (3)   No sign shall be placed in such a manner as to reduce visibility at driveways, access points, and intersections.
      (4)   Signs shall be adequately maintained.
      (5)   Changeable and electronic signs shall display each message for at least eight seconds and changeovers cannot take more than two seconds.
      (6)   Changeable and electronic signs must possess and utilize a light-sensing device, with automatic dimming capabilities to adjust the brightness of the sign, so that the maximum luminescence level is not more than three-tenths foot candles over ambient light, measured at a distance of:
 
Sign Face Size
Distance Measurement
300 square feet or smaller
150 feet
Larger than 300 square feet, but equal or less than 378 square feet
200 feet
Larger than 378 square feet, but equal or less than 672 square feet
250 feet
Larger than 672 square feet (up to maximum sign face size of 1,000 square feet)
350 feet
 
   (C)   Off-premise signs. Off-premise signs are permitted in AG, C, ML, and MH zones.
      (1)   Off-premise signs must be 500 feet apart in all zones except C zones.
      (2)   Off-premise signs may be double-faced (front and back or v-shaped), but may not be stacked (top and bottom) unless specifically permitted in a particular zone.
   (D)   Regulations by district without receiving a variance from the Board of Adjustment.
Zone
Maximum Size
Maximum Height Above Average Grade
Number of Signs Allowed Per Parcel*
Stacked or V-Shaped
Digital
AG
400 square feet
40 feet
1
No
No
RR
6 square feet
6 feet
1
No
No
UR
6 square feet
6 feet
1
No
No
C
700 square feet per sign
60 feet
1 per 300 feet of road frontage
Yes
Yes
ML
700 square feet
40 feet
1
No
Yes
MH
400 square feet
40 feet
1
No
Yes
* Nothing in this section shall prevent or limit the number of temporary signs one can post.
 
   (E)   Signs permitted in all zones.
      (1)   Signs located wholly within a building or structure.
      (2)   Signs affixed to a properly-licensed motor vehicle operating upon public thoroughfares.
      (3)   Any sign erected by a governmental agency.
   (F)   Signs prohibited in all zones.
      (1)   Flashing or blinking signs and devices. This does not apply to scrolling LED boards or electronic signs whose display changes on a regular schedule.
      (2)   Signs attached to stationary vehicles.
(Ord. 2017-07, passed 11-27-2017; Ord. 2022-11, passed 1-9-2023)

§ 150.040 SOLAR ENERGY SYSTEMS.

   (A)   Definition. For the purposes of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
      SOLAR ENERGY SYSTEMS (SES). The components and subsystems required to convert solar energy into electric energy.
   (B)   Levels of SES.
      (1)   Level 1. Systems designed to provide power to the structures on a parcel. Level 1 systems include roof mounted systems (such as, but not limited to panels, solar shingles, and the like) and ground mounted systems larger than 60 square feet but covering less than one-half acre. Level 1 systems are considered accessory structures; and
      (2)   Level 2. Ground mounted systems greater than one-half acre or greater in size for the commercial production of electricity and transmission to a public utility.
   (C)   Conditional use.
      (1)   Level 2 SES are a conditional use in the AG Zone. Level 2 SES are not permitted in RR, UR, C, ML, or MH Zones. Any Level 2 SES proposal must also agree with the county’s adopted future land use plan for areas designated as Agricultural. Any application that does not agree with the future land use plan shall be rejected by the Board of Adjustment.
      (2)   Level 1 SES are permitted in all zones.
   (D)   Setbacks.
      (1)   Level 1 SES which are ground mounted are not permitted in front or side yards. In rear yards, ground mounted systems shall be a minimum of 50 feet from any principal structure on an adjoining property.
      (2)   Level 2 SES are required to be setback 150 feet from all exterior property lines, and shall not be placed closer than 500 feet to any existing or permitted residential structure intended for human occupancy. SES that extends across multiple parcels do not have to follow setback requirements (zero lot lines) for interior property lines located within the security fencing.
   (E)   Screening.
      (1)   All previously existing perimeter tree lines shall be left in place to serve as a visual buffer. Where tree lines do not exist or are removed, a natural screen of a double row of staggered evergreens (minimum eight-foot height at planting and maturing to a minimum of 15 feet tall) planted 15 feet on center from any public right-of-way or adjacent residential use shall be used. Screening shall remain 90% visually solid year-round. Screenings shall be located a minimum of 50 feet from property lines. Visual buffers shall be placed on the exterior of the security fence.
      (2)   Level 1 SES are exempt from screening requirements excluding ground mounted systems which shall be screened from adjacent residential uses located within 200 feet of the ground mounted system. Screening shall be a six-foot high fence that is 90% visually solid or six-foot tall shrubs and/or evergreen trees that remain 90% visually solid year-round.
   (F)   Security fencing. A security fence shall surround all Level 2 SES and be at least seven feet tall or six feet tall with three strands of barbed wire. Level 1 SES are exempt from security fencing requirements.
   (G)   Signage. There shall be no signs permitted except those displaying emergency information, owner contact information, warning or safety instructions or signs that are required by a federal, state or local agency. Such signs shall not exceed five square feet in area.
   (H)   Ground maintenance. Topsoil shall not be removed. Grasses shall be maintained or established. Herbicides and ground sterilant and gravel shall not be used as a method of vegetative control, except around fences. Grasses inside and outside the security fence shall not exceed ten inches tall. The Board of Adjustment may waive this requirement if the developer can show this requirement will create an undue burden and an acceptable ground maintenance plan is submitted with the conditional use permit application.
   (I)   Stormwater management. For Level 2 SES stormwater and erosion control plans per § 150.085 must be submitted with the site plan and approved prior to construction or clearing.
   (J)   Decommissioning.
      (1)   A decommissioning plan shall be prepared by a licensed engineer and updated every five years. The decommissioning plan must be subnmitted and approved with the site plan. The plan shall establish the party responsible for decommissioning, the anticipated life of the project, the estimated decommissioning cost including removal of all structures, facilities, equipment, fencing, conduit, driveways and the estimated salvage value of such. Decommissioning must begin no later than 12 months after a solar farm has substantially ceased to generate electricity for a period of three months. All structures, facilities, and equipment must then be removed from the property within six months and any disturbed areas for the property reclaimed, revegetated, and otherwise restored in a manner consistent with its prior state. A copy of all leases containing language regarding decommissioning must also be approved by the county.
      (2)   A performance bond, or other approvable financial surety, payable to McCracken County Fiscal Court sufficient to cover 110% of the net cost of decommissioning of the site by a third party in the event the assigned party defaults on this obligation. The amount shall be evaluated every five years in conjunction with the revision to the decommissioning plan by a third-party engineer at the expense of the developer, or SES owner, and requires final approval by the Fiscal Court.
   (K)   Fees. Site plan review fees are $10 per acre in addition to the conditional use application fee for any application and due at the time of application.
(Ord. 2021-03, passed 3-8-2021; Ord. 2021-18, passed 12-13-2021)

§ 150.041 MOBILE FOOD VEHICLES.

   (A)   Purpose and intent. In order to promote a new dynamic for the citizens of McCracken County, create new jobs, increase quality of life and diversify dining options, this section has been adopted to allow mobile food vehicles to operate under specific guidelines.
   (B)   Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      MOBILE FOOD ADMINISTRATOR. The Planning and Zoning Administrator or designee. The ADMINISTRATOR shall be responsible for the administration, oversight and enforcement of the provisions under this section.
      MOBILE FOOD VEHICLE. A vehicle-mounted, vehicle-towed or vehicle-carried food service establishment that engages in the sale and preparation of food or beverages in individual portions to the general public.
      MOBILE FOOD VENDOR. A person who prepares or serves food or beverages to the general public from a mobile food vehicle.
   (C)   Exemptions. This section shall not apply to ice-cream trucks that move from place-to-place and are stationary in the same location for no more than ten minutes at a time. This section also does not apply to food vending push carts or stands. Mobile food vehicles located on private property and not serving the general public may locate in any zone for up to 72 hours at one location.
   (D)   Zoning locations. Mobile food vehicles may operate in the following zones: Commercial, Light Industry, and Heavy Industry Zones. All other zones are expressly prohibited, except in public parks as described.
   (E)   Location. Mobile food vehicles are expressly prohibited from locating on state or county rights-of-way. Mobile food vehicles may not locate within 100 feet of the principal entrance of any restaurant where more than 50% of sales are derived from food.
      (1)   A mobile food vehicle shall not operate for more than 14 consecutive days at one location. After 14 consecutive days has expired, a mobile food vehicle shall not operate at the same location until a period of 30 days has elapsed. The Mobile Food Administrator must receive written notice (letter or email) 48 hours prior to any mobile food truck setting up operation in McCracken County. Failure to provide 48 hours’ notice will be grounds to revoke a mobile food vehicle’s permit. This notice must include all of the following:
         (a)   Mobile food vehicle business name;
         (b)   Contact name and phone number and mailing address;
         (c)   Location the mobile food vehicle will be operating and the dates it will be operating at that location;
         (d)   Written permission to locate upon site if required by division (E)(2) below;
         (f)   Proof of mobile food permit currently valid, and continuously valid during the time of operation specified in the notice.
      (2)   The mobile food vendor must obtain written permission from the property owner to locate on private property and said permission must be made available to the Mobile Food Administrator. Mobile food vehicles in private parking lots may be asked to be moved in the event sufficient parking is not available. Written permission must be granted from the McCracken County Judge Executive or designee (depending on ownership) if the mobile food vendor proposes to operate in a public park.
      (3)   In no case shall a mobile food vehicle obstruct traffic or pedestrian flow. No stop sign, yield sign, school crossing sign or any other traffic-control sign or signal shall be obstructed. No ingress/egress of any driveway or alley shall be obstructed. No fire hydrant or fire lane shall be obstructed.
   (F)   Parking requirements. There are no parking requirements if a mobile food vehicle locates in the parking lot of an existing business as described in division (D) above. If a mobile food vehicle locates on a stand-alone parking lot, there must be a minimum of eight parking spots per mobile food vehicle.
   (G)   Self-contained units and appurtenances. All mobile food vehicles shall have self-contained water and wastewater. No gray water or grease shall be dumped upon any street, sidewalk or down a stormwater drain. No power cable, extension cord or other equipment shall be extended across any street, alley or sidewalk. If a power cable, extension cord or other electrical equipment is extended across a parking lot, said equipment must be protected from vehicle movements in accordance with the National Electrical Code requirements.
      (1)   No tables, chairs, umbrellas or other appurtenances shall be allowed on public property.
      (2)   All mobile food vehicles shall be in compliance with regulations established by the Cabinet for Health and Family Services, Department for Public Health, Division of Public Health Protection and Safety and/or the Purchase District Health Department.
      (3)   All mobile food vehicles are responsible for the litter created by their unit.
   (H)   Serving articles and alcoholic beverages. Patrons shall be provided with single-serve articles, such as plastic utensils, plastic or Styrofoam cups and paper or Styrofoam plates. Mobile food vehicles shall not serve any alcoholic beverage unless permitted as part of a special event.
   (I)   Noise. No mobile food vehicle may emit bells, music, horns or other audible sounds used to attract customers. Strobe lights, flashing lights or other repetitious lighting are prohibited.
   (J)   Application and permitting.
      (1)   Application. Every mobile food vendor desiring to operate a mobile food vehicle shall submit an application for a mobile food permit to the Mobile Food Administrator. All mobile food vendors shall first obtain necessary inspections and permits otherwise required by the county, the Purchase District Health Department, and any other local, state or federal agencies or departments, including without limitation a current county business license, in order to vend in McCracken County. All applicants must pass a fire inspection performed by the Paducah Fire Prevention Division. Cost of the fire inspection is set by the City of Paducah. In addition to the information required by the application, the Mobile Food Administrator may request other information reasonably required. The mobile food permit application shall not be considered complete until the Mobile Food Administrator has all information as required by the application or otherwise.
      (2)   Issuance of mobile food permit. Once the application is considered complete by the Mobile Food Administrator, the Mobile Food Administrator shall issue or deny the mobile food permit within 14 business days. The mobile food permit shall be valid for one calendar year from the date of issuance, unless the mobile food permit is revoked pursuant to this section.
      (3)   Permit renewal. Every mobile food permit in good standing can be renewed annually prior to expiration with the Mobile Food Administrator. Upon the mobile food permit’s expiration, the holder of the mobile food permit forfeits the right to renew and the mobile food vendor must reapply for a new mobile food permit.
      (4)   Fees. Application fee is $50. Permit renewals are $25.
      (5)   Inspections after permitting. Permitted operations will be inspected periodically and without notice by representatives of various government service providers referenced herein to ensure compliance with this section.
      (6)   Operation without permit. Any mobile food vehicle operating without a valid mobile food permit may be deemed a zoning violation and subject to the penalties listed in § 150.999.
      (7)   Revocation of permit. The Mobile Food Administrator may revoke a mobile food permit if it is discovered that:
         (a)   An applicant obtained the mobile food permit by knowingly providing false information on the application;
         (b)   The continuation of the mobile food vendor’s use of the mobile food permit is a threat to public health or safety, or if the mobile food vendor otherwise presents a threat to public health or safety; or
         (c)   The mobile food vendor or mobile food vehicle violates regulations of this section or any other county ordinance.
      (8)   Appeal of revocation. Decisions of the Mobile Food Administrator may be appealed to the McCracken County Board of Adjustment pursuant to § 150.107 of this code. The decision resulting therefrom shall be final. Following the revocation of a mobile food permit, a vendor must wait one year before reapplying for a new mobile food permit.
(Ord. 2021-06, passed 8-9-2021)

§ 150.042 RECREATIONAL VEHICLE COMMUNITIES.

   (A)   Defined. RECREATIONAL VEHICLE COMMUNITIES are found whenever:
      (1)   Two or more campers or recreational vehicles occupy, or intend to occupy, a single lot in an appropriate zone; or
      (2)   There is a principal building and one or more rental or lease spaces on one lot, with less than 1,500 square feet per recreation vehicle.
   (B)   Recreational vehicle community requirements.
      (1)   Minimum area requirements. No recreational vehicle community shall be permitted on an area of less than one acre. However, the community may develop in stages as long as it complies with an overall approved development plan.
      (2)   Space requirements. Each space shall be a minimum of 1,500 square feet, with a minimum of 15 feet provided between each recreational vehicle.
      (3)   Setbacks. No recreational vehicle or accessory structure shall be closer than 30 feet to any public street right-of-way. No recreational vehicle or accessory structure shall be closer than 15 feet to any privately-maintained street right-of-way within the recreational vehicle community. No recreational vehicle or accessory structure shall be closer than 25 feet to any property boundary line of the park.
      (4)   Perimeter. All recreational vehicle community boundary lines, excluding public road right-of-ways, shall have either a six feet high fence that is 90% visually solid, or four-feet-tall shrubs and/or evergreen trees that will attain six feet in height within three years and also be 90% visually solid year-round, if the recreational vehicle community abuts an existing residential property. Chain-link fences are not allowed to be used for screening purposes.
      (5)   Drainage. Recreational vehicle community street and ditch drainage shall meet or exceed § 190.46(G) of the subdivision regulations or §§ 150.085 through 150.094 of this chapter.
      (6)   Prohibited uses. Recreational vehicles cannot be made into permanent structures; nor can they have decks or skirting. Wheels cannot be removed from recreational vehicles; they must remain transient. Recreational vehicles cannot be permanently connected to utilities.
(Ord. 2022-11, passed 1-9-2023)

§ 150.050 PURPOSE.

   The purpose of this subchapter is to establish the use, provisions, and dimensional requirements for each zone.
(Ord. 2017-07, passed 11-27-2017)

§ 150.051 AGRICULTURAL DISTRICT (AG).

   (A)   Permitted uses. In the AG District, the following uses are permitted:
      (1)   Accessory uses. Accessory uses as may be normally incidental to the permitted principle use but not the parking of unoccupied manufactured or mobile homes;
      (2)   Agricultural product production facility;
      (3)   Agricultural uses as defined herein;
      (4)   Automotive services;
      (5)   Bed and breakfast inns;
      (6)   Cabinetmaker;
      (7)   Cemeteries and customary accessory buildings;
      (8)   Churches and customary accessory buildings;
      (9)   Commercial establishments dealing exclusively with the transportation of agricultural products;
      (10)   Commercial kennels;
      (11)   Commercial recreational uses;
      (12)   Commercial storage centers;
      (13)   Community center, owned or sponsored by the county;
      (14)   Contractor;
      (15)   Convenience markets;
      (16)   Crematory services and vault production;
      (17)   Farm fertilizer sales and bulk distribution;
      (18)   Farm implement sales and service;
      (19)   Farm service centers;
      (20)   Feed mills and fertilizer sales, mixing and storage, excluding fertilizer manufacturing;
      (21)   Golf courses and accessory buildings for the maintenance and operation of the course;
      (22)   Home-based business;
      (23)   Home occupations, as defined;
      (24)   Livestock auction barns and yards;
      (25)   Livestock collection and distribution centers;
      (26)   Mineral extraction;
      (27)   Nurseries and greenhouses and their accessory commercial buildings;
      (28)   Nursery schools and day care centers;
      (29)   Planned unit residential developments, on tracts of land of five acres or more in accordance with county ordinances;
      (30)   Produce market stands and building, selling agricultural produce, provided 60% of the produce sold are produced on the premises;
      (31)   Public and parochial schools;
      (32)   Public facility;
      (33)   Public utility uses;
      (34)   Riding stables and academies;
      (35)   Sawmills;
      (36)   Single-family dwelling units, two-family dwelling units and duplexes;
      (37)   Veterinary facilities and kennels;
      (38)   Welding and machine shop establishments;
      (39)   Other similar uses as approved by the Planning Commission following a public hearing; and
      (40)   Conditional uses permitted on review.
   (B)   Conditional uses. Conditional uses for the AG Agricultural District that may be permitted by the Board of Zoning Adjustment are shown as follows. The Board shall follow the provisions of § 150.034 of this chapter when considering applications for conditional uses.
      (1)   Private aircraft landing strips;
      (2)   Private, religious, or charitable clubs and institutions;
      (3)   Landfills;
      (4)   Skeet, trap, or target shooting when located 1,320 feet or more from a residential, RR or UR district boundary line;
      (5)   Solar energy systems in compliance with the provisions of § 150.040; and
      (6)   Recreational vehicle communities.
   (C)   Minimum yard requirements.
      (1)   Nonresidential uses:
         (a)   Front yard: 75 feet;
         (b)   Side yard: 25 feet; and
         (c)   Rear yard: 25 feet.
      (2)   Residential uses:
         (a)   Front yard: 30 feet;
         (b)   Side yard: eight feet; four feet (accessory buildings).
      (3)   Rear yard: 25 feet; eight feet (accessory buildings).
      (4)   Minimum area requirements:
         (a)   Minimum lot area: one acre;
         (b)   Public facilities, utilities, and similar uses, but not signs that require structures of buildings not intended for regular human occupation, may be less than one acre
(Ord. 2017-07, passed 11-27-2017; Ord. 2019-08, passed 8-16-2019; Ord. 2021-03, passed 3-8-2021; Ord. 2022-11, passed 1-9-2023)

§ 150.052 RURAL RESIDENTIAL DISTRICT (RR).

   (A)   Permitted uses. In the RR district, the following uses are permitted:
      (1)   Accessory uses as may be normally incidental to the permitted principal use but not the parking of unoccupied manufactured or mobile homes;
      (2)   Agriculture uses, as defined herein;
      (3)   Bed and breakfast inns;
      (4)   Cemeteries and their customary accessory buildings;
      (5)   Churches and their customary accessory buildings;
      (6)   Community centers owned or sponsored by the county;
      (7)   Convenience markets;
      (8)   Crematory services and vault production;
      (9)   Golf courses and accessory buildings for the maintenance and operation of the course;
      (10)    Home-based business as defined;
      (11)   Home occupations as defined;
      (12)   Nursery schools and day care centers;
      (13)   Planned unit developments, residential, on tracts of land of five acres or more in area in accordance with county ordinances;
      (14)   Public and parochial schools;
      (15)   Public parks and recreation areas;
      (16)   Public facility;
      (17)   Public and private utilities;
      (18)   Single-family dwellings;
      (19)   Two-family dwellings duplexes and town homes;
      (20)   Veterinary facilities and kennels;
      (21)   Nurseries and greenhouses and their accessory commercial buildings;
      (22)   Produce market stands and buildings, selling agricultural produce, provided 60% of the produce sold are produced on the premises; and
      (23)   Other similar uses as approved by the Planning Commission following a public hearing.
   (B)   Conditional uses permitted on review. Conditional uses for the RR Rural Residential District that may be permitted by the Board of Zoning Adjustment are as shown as follows. The Board shall follow the provisions of § 150.034 when considering applications for conditional uses.
      (1)   Private, religious, or charitable clubs and institutions;
      (2)   Commercial storage facilities;
      (3)   Nursing homes and similar facilities;
      (4)   Hospitals and medical clinics;
      (5)   Commercial kennels; and
      (6)   Recreational vehicle communities.
   (C)   Minimum yard requirements.
      (1)   Nonresidential uses:
         (a)   Front yard: 75 feet;
         (b)   Side yard: 25 feet; and
         (c)   Rear yard: 25 feet.
      (2)   Residential uses:
         (a)   Front yard: 30 feet;
         (b)   Side yard: eight feet; four feet (accessory buildings); and
         (c)   Rear yard: 25 feet; eight feet (accessory buildings).
   (D)   Minimum area requirements.
      (1)   Minimum lot area: 15,000 square feet, if served by an approved sanitary sewer.
      (2)   Townhouse lots with at least two attached units shall be not less than 7,500 square feet each.
      (3)   All other lots in this zone shall be at least one acre in area.
   (E)   Minimum lot width. Seventy-five feet.
   (F)   Screening requirements. Nonresidential uses shall screen adjacent properties in a manner approved by the Zoning Administrator.
(Ord. 2017-07, passed 11-27-2017; Ord. 2019-08, passed 8-16-2019; Ord. 2022-11, passed 1-9-2023)

§ 150.053 URBANIZING RESIDENTIAL DISTRICT (UR).

   (A)   Permitted uses. In the UR District, the following uses are permitted: The UR District is distinguished from, and is not intended to conflict with the provisions of KRS 100.201(3):
      (1)   Accessory uses as may be normally incidental to the permitted principle use, but not including the use of manufactured homes, mobile homes or semi-trailers as accessory structures, nor the parking of unoccupied manufactured or mobile homes;
      (2)   Agricultural uses as defined herein, except small, craft distilleries holding a class B distiller's license under KRS 243.120 are not permitted;
      (3)   Assisted care homes;
      (4)   Cemeteries and their customary accessory buildings;
      (5)   Churches and their customary accessory buildings;
      (6)   Community centers;
      (7)   Golf courses and accessory buildings for the maintenance and operation of the course;
      (8)   Home-based business as defined;
      (9)   Multi-family dwellings;
      (10)   Planned unit developments, on tracts of land of five acres or more in area in accordance with county ordinances;
      (11)   Public and private utility uses;
      (12)   Public and parochial schools;
      (13)   Public facility;
      (14)   Public parks and recreation areas;
      (15)   Single-family dwellings; and
      (16)   Two-family dwellings, duplexes and town homes.
   (B)   Conditional uses permitted on review. Conditional uses for the UR Rural Residential District that may be permitted by the Board of Zoning Adjustment are shown as follows. The Board shall follow the provisions of § 150.034 when considering applications for conditional uses:
      (1)   Bed and breakfast inn;
      (2)   Commercial storage;
      (3)   Home occupations as defined;
      (4)   Hospitals and medical clinics;
      (5)   Nursing homes;
      (6)   Nursery schools and day care centers;
      (7)   Parking lots; and
      (8)   Private, religious, or charitable clubs.
   (C)   Minimum yard requirements.
      (1)   Nonresidential uses. 
         (a)   Front yard: 75 feet;
         (b)   Side yard: 25 feet; and
         (c)   Rear yard: 25 feet.
      (2)   Residential uses. 
         (a)   Front yard: 30 feet;
         (b)   Side yard: eight feet; four feet (accessory buildings); and
         (c)   Rear yard: 25 feet; eight feet (accessory buildings).
   (D)   Minimum area requirements. Minimum lot area: 7,500 square feet.
   (E)   Minimum lot width requirements. Seventy-five feet. Townhouse lots may be reduced to 37.5 feet.
   (F)   Minimum area requirements for multi-family dwellings. Minimum lot area per unit: 4,000 square feet.
   (G)   Screening requirement. Nonresidential uses shall screen adjacent properties as approved by the Zoning Administrator.
(Ord. 2017-07, passed 11-27-2017; Ord. 2022-11, passed 1-9-2023)

§ 150.054 MOBILE HOME PARK (MHP).

   The following uses are permitted in an MHP Zone:
   (A)   Mobile home parks. Accessory uses as may be normally incidental to the permitted principle use, but not including semi-trailers as accessory structures, nor the parking of unoccupied manufactured or mobile homes not intended for occupancy; and
   (B)   All mobile home parks shall comply with all applicable state, federal, and county subdivision regulations.
(Ord. 2017-07, passed 11-27-2017)

§ 150.055 COMMERCIAL (C).

    The purpose of this zone is to provide an area for commercial activity.
   (A)   Principal permitted uses.
      (1)   Any use allowed in the AG, RR, or UR zone, excluding residential subdivisions;
      (2)   Automobile sales and service;
      (3)   Banking and financial services;
      (4)   Boat sales and service;
      (5)   Commercial storage;
      (6)   Eating establishments;
      (7)   Funeral home;
      (8)   Hotels and bed and breakfast inns;
      (9)   Mobile and manufactured home sales;
      (10)   Personal services;
      (11)   Places of assembly;
      (13)   Recreational vehicle communities;
      (14)   Retail establishments;
      (15)   Theater;
      (16)   Trade, business, or art schools;
      (17)   Multi-family dwellings with a maximum density of 2,000 square feet per unit; and
      (18)   Other similar uses as approved by the Planning Commission following a public hearing.
   (B)   Minimum yard requirements.
      (1)   Nonresidential uses.
         (a)   Front yard: 50 feet;
         (b)   Side yard: eight feet; and
         (c)   Rear yard: 25 feet.
      (2)   Residential uses.
         (a)   Front yard: 30 feet;
         (b)   Side yard: eight feet; four feet (accessory buildings); and
         (c)   Rear yard: 25 feet; eight feet (accessory buildings).
   (C)   Minimum area requirements and lot widths.
      (1)   Nonresidential uses: Minimum lot area: 7,500 square feet;
      (2)   Two-family and multi-family dwellings: Minimum lot area: 2,000 square feet per unit.;
      (3)   All lots shall have a minimum lot width of 75 feet at the front building set back line.
   (D)   Where a Commercial Zone abuts an UR or RR zones or residential property perimeter screening, as approved by the Zoning Administrator, shall be required.
(Ord. 2017-07, passed 11-27-2017; Ord. 2019-08, passed 8-16-2019; Ord. 2022-11, passed 1-9-2023)

§ 150.056 LIGHT INDUSTRY ZONE (ML).

   The following provisions shall apply in an ML Light Industry Zone, unless otherwise provided herein.
   (A)   Principal permitted uses.
      (1)   Any use permitted in a C zone (except adult entertainment uses);
      (2)   Airports;
      (3)   Any industrial, manufacturing, fabrication, or processing use, which does not emit objectionable noise, smoke, odor or dust beyond the confines of its property;
      (4)   Warehouses; and
      (5)   Any other use which, in the Commission’s opinion following a public hearing, would be compatible in the ML Zone.
   (B)   Minimum yard requirements.
      (1)   Nonresidential uses.
         (a)   Front yard: 50 feet;
         (b)   Side yard: ten feet; and
         (c)   Rear yard: 25 feet.
      (2)   Residential uses.
         (a)   Front yard: 30 feet;
         (b)   Side yard: eight feet; four feet (accessory buildings);
         (c)   Rear yard: 25 feet; eight feet (accessory buildings).
   (C)   Minimum area requirements. Minimum lot area: one acre.
   (D)   Where an ML zone abuts an UR or RR, screening as defined by the zoning regulations shall be required.
      (1)   Minimum lot width requirements: Seventy-five feet.
      (2)   Conditional uses: Conditional uses for ML District that may be permitted by the Board of Zoning Adjustment are shown as follows. The Board shall follow the provisions of § 150.034 when considering applications for conditional uses: junk or salvage yards.
(Ord. 2017-07, passed 11-27-2017)

§ 150.057 HEAVY INDUSTRY ZONE (MH).

   The following provisions shall apply in an MH, Heavy Industry Zone, unless otherwise provided herein.
   (A)   Principal permitted uses.
      (1)   Any use permitted in an ML Zone;
      (2)   Power production and distribution;
      (3)   Heavy manufacturing, processing and storage. Including but not limited to the production, process, storage and handling of uranium and other radioactive materials, compounds, and all of the related constituent parts; and
      (4)   Any industrial use that is determined by the Commission to be non-detrimental to the properties immediately adjacent.
   (B)   Minimum yard requirements.
      (1)   Nonresidential uses.
         (a)   When abutting an AG, RR, or UR zone:
            1.   Front yard: 100 feet;
            2.   Side yard: 100 feet; and
            3.   Rear yard: 100 feet.
         (b)   When not abutting an AG, RR, or UR zone: None.
      (2)   Residential uses.
         (a)   Front yard: 30 feet;
         (b)   Side yard: eight feet; four feet (accessory buildings); and
         (c)   Rear yard: 25 feet; eight feet (accessory buildings).
   (C)   Minimum lot area. One acre.
   (D)   Screening required. When a Heavy Industry Zone abuts an UR or RR zone, a perimeter screen, as approved by the Zoning Administrator, shall be required.
(Ord. 2017-07, passed 11-27-2017)

§ 150.058 PARKING.

   In all zoning districts, off-street parking spaces for the storage and parking of motor vehicles for the use of occupants, employees, and patrons of the buildings hereafter erected, or enlarged after the effective date of these regulations, shall be provided as herein prescribed.
   (A)   General. The following parking requirements represent minimum standards.
      (1)   Variances. When it can be clearly shown that an intended use shall require less parking than that which is required by this section because of significant variation in operation or activity, the Planning Commission may grant a reduction in the parking requirements.
      (2)   Multiple uses on site. For sites with more than one use, the parking requirement shall be the sum of spaces required for each use, except as adjusted pursuant to division (F) of this section.
      (3)   Exemptions. Any off-street parking facility constructed after the effective date of this section must comply with the design standards set forth in this section.
      (4)   Surface. All parking lots containing at least four spaces shall be constructed of a durable, dust-free material, unless otherwise approved by the Planning Commission.
   (B)   Design approval. All lots or portions of lots being developed for vehicular parking which contain at least four spaces shall have the design approval of the Planning and Zoning Administrator and the County Road Engineer prior to issuance of a building permit. Those administrative officials shall ensure that the intent and specific provisions of this section are observed.
   (C)   Off-street parking requirements for residential land uses.
Housing Type and Requirement
Parking
Housing Type and Requirement
Parking
Single-family:
   3 bedrooms or less
2 per unit
   4 bedrooms or more
3 per unit
Duplexes, triplexes, apartment buildings:
   2 bedrooms or less
2 per unit
   3 bedrooms or more
3 per unit
Mobile homes
2 per unit, plus 1 per 5 units guest parking
 
   (D)   Off-street parking requirements for nonresidential land uses. GFA:Gross floor area measured in square feet; GLA: Gross leasable area measured in square feet.
 
Use
Parking Requirement
Assembly operations
1 per 800 GFA
Auto sales:
 
Outdoor display
1 per 3,000 sq. ft.
Indoor display/office
1 per 750 GFA
Repair facilities
1 per 300 GFA
 
Use
Parking Requirement
Use
Parking Requirement
Bars and lounges
1 per 300 GFA
Bowling alley
1 per alley
Car wash
10 per tunnel (parking and stacking)
Day care facilities
1 per 400 GFA; and a paved, unobstructed pick-up space with adequate stacking areas (as determined by the Planning and Zoning Administrator) shall be provided in addition to the standard parking requirements; and a safe pedestrian walkway system (as approved by the Planning and Zoning Administrator) through the parking areas to the building entrance, with a minimum 15-foot safety zone between the parking spaces and the front building entrance.
Financial institutions
1 per 300 GFA
Finishing operations
1 per 800 GFA
Golf courses
50 per 9 holes
Group homes
1 per 600 GFA
Hotel/motel
1 per room, plus 1 per additional 100 GFA of ballrooms/banquet rooms/meeting rooms and similar spaces
Hospitals
As determined by the Planning Commission
Industrial
1 per 800 GFA
Library
1 per 300 GFA
Manufacturing
1 per 800 GFA
Medical centers/offices
1 per 200 GFA
Offices:
 
Under 50,000 GFA
4.5 per 1,000 GFA
50,000 to 100,000
GFA
4 per 1,000 GFA
100,000 + GFA
3.5 per 1,000 GFA
Places of worship
1 per 3 seats
Receiving
1 per 5,000 GFA
Research
1 per 1,000 GFA
 
Use
Parking Requirement
Use
Parking Requirement
Restaurant:
 
Quick style
1 per 30 GFA (of the public dining area)
Drive-through
8 stacked spaces (per window)
Sit-down style
1 per 3 seats
Food truck
8 per truck if parked in a vacant lot
Retail stores
1 per 300 GFA
Schools:
 
Elementary
2 per classroom
Intermediate
1.5 per classroom
Secondary
1 per 1,000 GFA
Higher or vocational
10 per classroom, plus:
(a) 1 per campus vehicle
(b) Additional visitor parking to be 25% of total parking
(c) Parking must be in reasonable proximity to destination points
Service stations
4 per bay or work area
Shipping facilities
1 per 5,000 GFA
Shopping centers:
 
Under 400,000 GLA
3.5 per 1,000 GLA
400,000 + GLA
4 per 1,000 GLA
Storage areas/facilities
1 per 5,000 GLA
Theater:
 
Freestanding
1 per 3 seats
In shopping center
1 per 4 seats
Warehouse
1 per 5,000 GFA
When computing number of seats and GFA or GLA for parking, where no individual seating (such as and like sports facilities and places of worship) is provided, every 24 inches will be considered a seat.
When calculating the required parking for a specific intended use that does not appear in this section, the Zoning Administrator shall make a determination of a similar use that does appear in this section.
 
   (E)   General design and handicap parking.
      (1)   Traffic visibility sight triangle required. All points of ingress and egress shall maintain seven-foot sight triangles. Landscaping shall not exceed 24 inches in height above grade.
      (2)   Parking lots shall provide handicap parking as may be required by Kentucky Building Code or the American Disabilities Act, whichever is more stringent.
   (F)   Adjustment for mixed use developments. The Planning Commission may authorize an adjustment in the total parking requirement for separate uses located on the same site or for separate uses located on adjoining sites and served by a common parking facility. An application for such an adjustment must include a site plan, showing the location of parking and extent of various uses, the requested reduction in the parking requirement, and supporting data addressing why such a reduction should be permitted.
   (G)   Landscaping. 
      (1)   General requirements. All landscaping materials shall be installed in a sound manner and according to accepted good construction and planting procedures. Any landscape material, which fails to meet the minimum requirements of this chapter at the time of installation, shall be removed and replaced with acceptable materials. The person in charge of, or in control of, the property, whether as owner, lessee, tenant, occupant or otherwise, shall be responsible for the continued proper maintenance of all landscaping materials, and shall keep them in a proper, neat and orderly appearance, free from refuse, debris, noxious weeds and unwanted grass at all times. All unhealthy or dead plant material shall be replaced within four months or by the next fall or spring planting season, whichever comes first. Other defective landscape material shall be replaced or repaired within two months. Plant material shall not be severely pruned such that the natural growth pattern or characteristic form is significantly altered. Topping or heading back trees, as defined by the International Society of Arboriculture, is prohibited. The severe cutting of limbs to stubs larger than three inches in diameter is prohibited. Utility companies are exempt from this requirement.
      (2)   Regulations for the overlay district along commercial corridors.
         (a)   These regulations apply only to the overlay district along the commercial corridors of US Highways 45, 60 and 62 from the Paducah city limits to:
            1.   The US Highway 45 and Old US Highway 45 intersection on the south side of Lone Oak;
            2.   The US Highway 60 and Fisher Road intersection by Barkley Regional Airport; and
            3.   The US Highway 62 and McCracken Boulevard intersection.
         (b)   All parking lots of more than four parking spaces shall include planted trees in accordance with Schedule 1, below:
SCHEDULE 1
Number of Spaces
Number of Trees Required
SCHEDULE 1
Number of Spaces
Number of Trees Required
1 to 4 spaces
No trees required
15 to 30 spaces
1 tree for each 6 spaces or fraction thereof, up to 30 spaces
31 to 100 spaces
5 trees for the first 30 spaces, plus 1 tree for each additional 7 spaces or fraction thereof
101 to 196 spaces
15 trees for the first 100 spaces, plus 1 tree for each additional 8 spaces or fraction thereof
197 to 304 spaces
27 trees for the first 196 spaces, plus 1 tree for each additional 9 spaces or fraction thereof
305 to 504 spaces
39 trees for the first 305 spaces, plus 1 tree for each additional 10 spaces or fraction thereof
505 or more spaces
59 trees for the first 505 spaces, plus 1 tree for each additional 11 spaces or fraction thereof
 
         (c)   Trees shall be at least one and one-half inches in diameter at a point six inches above the ground, when planted. The tree type shall be approved by the Zoning Administrator. Trees shall be protected from potential damage by vehicles. Thirty percent of required trees shall be placed within the perimeter of the actual parking surface area in those parking lots of over 20 spaces.
         (d)   Interior landscaping for vehicular use areas (VUAs). Landscaping shall include trees, shrubs, flowers, or other living matter. Landscaping shall be provided for vehicular use areas in accordance with the following standards.
            1.   A minimum of 5% of the total VUA shall be landscaped and the landscaping shall be dispersed throughout the paved area. VUA landscaping shall only be required for uses that have more than 20 parking spaces. This section shall not apply to parking lots that are used for the sole purpose of selling vehicles.
            2.   VUA landscaping shall contain a variety of trees and be dispersed in the form of planting islands or peninsulas throughout the VUA. The minimum size of planting areas shall be 200 square feet, with the minimum dimensions of ten feet by 20 feet.
            3.   No more than one tree shall be planted per 200 square feet of islands of peninsulas.
            4.   Per Illustration #1, below, planting islands within the VUA shall be required at the end of every other parking row, when parking rows are provided in the interior portions of the parking lot.
         Illustration #1
               a.    All planting islands shall be planted with grass, low ground cover, shrubs, flowers, or any combination of these. Hard surfaces or gravel are not permitted in lieu of plant materials.
               b.    All planting islands shall have a minimum of six-inch curbs installed to protect the planting area from vehicular traffic.
               c.   All plant material (other than grass, or ground cover), located within landscape islands where vehicle overhangs are needed, shall be setback a minimum of two feet, six inches from the edge of the pavement or the face of the curb.
               d.   Sign landscaping. Landscaping shall be located around the base of freestanding signs. The landscaping shall be ornamental in nature, with shrubs, flowers and other ornamental plant materials. Sign landscaping is not required for freestanding signs permitted before the adoption of Ordinance 2022-11. The amount of landscape area required shall be one square foot of landscape area per one square foot of sign area. At least 50% of the required landscaping area shall be planted with trees and/or shrubs.
               e.   Building landscaping. Any blank facade or portion of a facade of a building that is not used for outdoor display, storage or loading and unloading shall be required to provide the following landscaping, if the wall is visible from a public right-of-way. BLANK FACADES shall be classified as any wall that does not have windows used for display or entry doors for employees or general public. Building that are 10,000 square feet or smaller shall be exempt from the requirements of this section.
                  i.   Trees shall be provided on an average of at least one tree per 40 linear feet of blank facade, as defined above, and shrubs shall be provided on an average of at least one shrub per ten linear feet of blank facade. This landscaping is not required to be placed in a linear design, but shall be required to be dispersed throughout the length of the building facade.
                  ii.   Facades that abut VUAs shall have a minimum-eight-feet-wide planting area. This planting area can be reduced by four feet if sidewalks arc installed.
   (H)   Enforcement.
      (1)   To assure compliance with the submitted and approved site plan, inspections will be conducted by the County Planning Office after the installation of landscaping.
      (2)   The removal or destruction of landscape material previously approved by the county shall constitute a violation of the zoning ordinance. Replacement of landscape material shall be of like size as that which was removed or destroyed.
      (3)   Violation of this chapter shall be grounds for the refusal of a certificate of occupancy, require replacement of landscape material, and/or will subject those in violation to established fines and penalties of the zoning ordinance.
   (I)   Waiver of requirements. The Planning Commission shall have the authority to grant a waiver of any of the requirements in this section upon written request, which outlines the rationale for the waiver. The Planning Commission shall review each written request and grant a waiver only under: unusual or extreme circumstances that cause an unreasonable hardship such as the size of the lot; or when an innovative or alternative approach can be made that still meets the intent and purpose of this section.
(Ord. 2017-07, passed 11-27-2017; Ord. 2022-11, passed 1-9-2023)

§ 150.070 BUILDING PERMIT.

   No building or other structure shall be erected, moved, added to, or structurally altered without building permits, as required, by the county.
   (A)   No building permit shall be issued except in conformity with these zoning regulations.
   (B)   Exemptions. The following structures are exempt from minimum yard setbacks and zoning permit:
      (1)   Fences;
      (2)   Portable carports constructed without foundations or footers;
      (3)   Accessory buildings that are 120 square feet or less; and
      (4)   Above grade pools, tennis courts, recreation courts, and their appurtenances.
(Ord. 2017-07, passed 11-27-2017)

§ 150.071 SITE PLAN REQUIRED.

   A site plan shall be submitted for review for all structures, buildings, and uses that require a permit. All site plans and parking layouts, except on lots serving single-family dwellings, shall be developed in accordance with this chapter and approved by the Planning and Zoning Administrator, the County Engineer and the Floodplain Manager, after which a building permit may be issued by the Building Inspector.
   (A)   A site plan shall consist of a combination of written and graphical material which:
      (1)   Describe the land by legal description or street address;
      (2)   Has been prepared by a licensed land surveyor or professional engineer as required by the Planning and Zoning Administrator.
      (3)   The material, both written and graphical, shall be in a manner prescribed by the Zoning Administrator that is sufficient and necessary to verify compliance with this chapter.
   (B)   Site plans shall be:
      (1)   Approved;
      (2)   Approved with corrections. The site plan is approved; provided the applicant makes the noted changes; or
      (3)   Denied. The site plan is not approved. If the site plan is denied, the developer may appeal their decision to the Board of Adjustment.
(Ord. 2017-07, passed 11-27-2017; Ord. 2020-06, passed 6-22-2020)

§ 150.072 CERTIFICATE OF OCCUPANCY.

   A certificate of occupancy may be issued by the enforcement officer if required in advance of the use or occupancy for:
   (A)   A building hereafter erected, or a change in the use of an existing building;
   (B)   Any nonconforming use that is existing at the time of the enactment of these zoning regulations and amendments thereto that is changed, extended, altered, or rebuilt thereafter;
   (C)   The certificate of occupancy shall state specifically wherein the nonconforming use fails to comply with the provisions of these zoning regulations;
   (D)   No certificate of occupancy shall be issued unless the lot, building, or structure complies with all the provisions of these zoning regulations; and
   (E)   A record of all certificates of occupancy shall be kept on file in the office of the enforcement officer, and a copy shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building, structure, or land involved.
(Ord. 2017-07, passed 11-27-2017)

§ 150.073 APPLICATION REQUIRED.

   Requests for variances, conditional use permits, zone changes, development plans, site plans, nonconforming use changes, and similar items, application shall be made to the Zoning Administrator in form prescribed by the Administrator that is sufficient to serve the objectives of county development policies, practices, and ordinances.
(Ord. 2017-07, passed 11-27-2017)

§ 150.085 PURPOSE.

   Storm water management is vital in promoting the health, safety, and general welfare of the public. It is the intent of this subchapter, in an effort to minimize the dangers of flooding to life and property, that certain runoff control devices be provided as land area are developed or redeveloped. The design criteria for storm water conveyance and management facilities are outlined in this subchapter.
(Ord. 2017-07, passed 11-27-2017)

§ 150.086 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the content clearly indicates or requires a different meaning.
   COUNTY PLAN REVIEW STAFF. The County Road Supervisor and/or other designated officials.
   CONTROLLED RELEASE STRUCTURE. A facility constructed to regulate the volume of storm water runoff that is conveyed during a specific length of time.
   CONVEYANCE STRUCTURES. Water-carrying devices or improvements such as channels, ditches, storm sewers, culverts, inlets, and the like.
   DETENTION OR RETENTION. Restraining the rate of storm water runoff with some natural or manmade devices.
   DEVELOPED. Conditions after construction or other manmade change to improved or unimproved land, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.
   EXCESS STORM WATER. That portion of storm water runoff, which exceeds the capacity of the storm sewers or natural drainage, channels serving a specific watershed.
   IMPERVIOUS SURFACE. Asphalt, concrete or any other surface, which does not allow measurable infiltration.
   NATURAL DRAINAGE. Water which follows by gravity in channels formed by the surface topography of the earth prior to changes made be the efforts of humans.
   OFF SITE. External to the boundary of a development.
   ON-SITE. Internal to the boundary of a development.
   POINT DISCHARGE. Release of storm water at a specific location.
   RUNOFF. Rainfall excess after natural losses from infiltration, evaporation, transportation or incidental poundage.
   STORM WATER RUNOFF RELEASE RATE. The rate at which storm water runoff is released from dominant to servient land.
   STORM WATER STORAGE AREA. An area designed to temporarily accumulate excess storm water.
   SWALE. Surface-type conveyance for storm water, usually designated to carry incidental, localized runoff.
(Ord. 2017-07, passed 11-27-2017)

§ 150.087 STORM WATER CONVEYANCE AND MANAGEMENT FACILITIES REQUIRED.

   (A)   All development occurring within the county shall provide for properly sized storm water conveyance facilities and shall contain on-site, or provide off-site, storm water management facilities capable of controlling increased runoff relative to its predeveloped condition. Unless included in exemptions listed herein, no application for a final plan of subdivision shall be approved unless it includes a plan describing the manner in which storm water runoff erosion and sediment resulting from the development will be controlled or managed or a documented request for a waiver thereof.
   (B)   Similarly, unless exempt, no permit shall be issued for any parcel or lot either an adequate storm water management plan addressing erosion, sediment, and storm water, or a documented request for a waiver, has been approved.
(Ord. 2017-07, passed 11-27-2017)

§ 150.088 STORM WATER CONVEYANCE FACILITIES DESIGN.

   (A)   The following criteria shall control when designing storm water conveyance facilities;
      (1)   Open channels and roadside ditches: 25-year design storm;
      (2)   Storm sewers and inlets design storm: 25-year design storm; and
      (3)   Entrance pipes and cross drains: 25-year design storm.
   (B)   Maximum headwater under 100-year storm shall not be allowed to overtop roads or increase the flooding potential in the affected areas.
(Ord. 2017-07, passed 11-27-2017)

§ 150.089 EROSION CONTROL.

   Plans for storm water conveyance systems shall include appropriately designed temporary and permanent erosion-control measures for the open channel structures and all de-vegetated land draining to both open and closed conduits within the system. (Refer to Best Management Practice for Construction Activities prepared by the Kentucky Natural Resources and Environmental Protection Cabinet - should be used as a design manual for erosion and sediment control.)
(Ord. 2017-07, passed 11-27-2017)

§ 150.090 STORM WATER MANAGEMENT FACILITIES DESIGN CRITERIA.

   The following criteria shall be followed when designing a storm water management facility.
   (A)   Design storm. Storm water management facilities shall be designed to retain the difference in the pre-development and post-development, twenty-five year, 24-hour storm event. The effect of the 100-year storm must be considered and documented in the design of all storm water management facilities. Any detention basin located in a parking lot shall not be designed to hold water more than six inches deep.
   (B)   Design calculation. Design calculations submitted must include, but are not limited to, the following:
      (1)   Drainage area. Indicate if pre-development and post-development areas differ;
      (2)   List area drainage types and run-off coefficient numbers for predevelopment and post-development conditions;
      (3)   Stage - Storage curve for the proposed storm water management facility;
      (4)   Stage - Discharge curve for the outlet structure of the proposed storm water management facility;
      (5)   Inflow and outflow hydrographs for pre-development and post- development conditions; and
      (6)   Emergency spillway design calculations.
(Ord. 2017-07, passed 11-27-2017; Ord. 2020-06, passed 6-22-2020)

§ 150.091 STORM WATER MANAGEMENT PLAN.

   The final storm water management plan shall include, but not be limited to the following:
   (A)   All calculation, assumptions, and criteria used in the design of the storm water management facility;
   (B)   All plans and profiles of proposed storm sewers and open channels including horizontal and vertical controls, elevations, sizes, slopes, and materials;
   (C)   Location, dimensions, and design details required for the construction of all facilities;
   (D)   A description of the operation and maintenance needs for the storm water management facility;
   (E)   All information relative to the design and operation of emergency spillways;
   (F)   Project specifications relative to erosion and sedimentation control. (Refer to Best Management Practice for Construction Activities prepared by the Kentucky Natural Resources and Environmental Protection Cabinet for design guide line associated with erosion and sediment control.); and
   (G)   All easements, rights-of-way, ownership, and maintenance responsibilities for all storm water management control structures during and after development. The identity of the responsible individual, corporation, or association and the specific maintenance must be outlined on the plan.
(Ord. 2017-07, passed 11-27-2017)

§ 150.092 EXEMPTIONS.

   Exemptions from the storm water management requirements contained herein shall be granted to the following:
   (A)   Any proposed subdivision that would contain no new streets and no more than five lots;
   (B)   Residential subdivisions or residential planned unit developments, where minimum lot size is greater than two acres;
   (C)   Any nonresidential development for which the area covered by an impervious surface is less than 10,000 square feet and a concentrated flow is not created to impact an adjacent property; however, when future development will cause the area covered by an impervious surface to exceed 10,000 square feet, storm water management will be required for the existing and proposed development; provided further, that any nonresidential development having an imperious surface in place prior to July 1, 2001 shall not be counted and shall not be required to be included in the storm water management plan; and
   (D)   Waivers may also be granted if, in other cases, the developer can provide sufficient documentation that the proposed development will not result in an adverse impact either upstream or downstream of the proposed site. Waivers shall be granted solely at the discretion of the Planning Commission.
(Ord. 2017-07, passed 11-27-2017)

§ 150.093 DESIGN CERTIFICATION.

   Design of all storm water management and conveyance facilities shall be prepared and stamped by a professional civil engineer. Design methods shall be in accordance with the Kentucky Department of Highways, Manual of Instructions for Drainage Design, latest edition.
(Ord. 2017-07, passed 11-27-2017)

§ 150.094 CONSTRUCTION CERTIFICATION.

   Prior to final approval of the development, the professional civil engineer must submit certification that the storm water conveyance and management facilities were constructed in accordance with the approved plan. Any request for deviation from the approved plan during construction shall be submitted to the Planning Department in writing for approval.
(Ord. 2017-07, passed 11-27-2017; Ord. 2022-11, passed 1-9-2023)

§ 150.105 INTENT AND SCOPE OF SUBCHAPTER.

   It is the intent of this subchapter to provide for the efficient, reasonable, and impartial enforcement of these zoning regulations by authorizing an enforcement officer, the basic procedure for complying with these zoning regulations and the penalties for violators.
(Ord. 2017-07, passed 11-27-2017)

§ 150.106 ENFORCEMENT AND ADMINISTRATIVE PERSONNEL.

   The Judge/Executive shall appoint enforcement and administrative personnel. All other provisions of this zoning code and any other county ordinances notwithstanding, the Judge/Executive shall have sole direction for appointing personnel for the enforcement and administration of this zoning code.
(Ord. 2017-07, passed 11-27-2017)

§ 150.107 BOARD OF ADJUSTMENT.

   (A)   A Board of Adjustment (hereinafter known as “the Board”) shall be appointed and organized in conformance with the KRS 100.217.
   (B)   The Board shall have the following powers and duties:
      (1)   Bylaws. To adopt bylaws for its own government;
      (2)   Conditional uses. To hear and decide applications for conditional use permits that allow uses which are specifically named in the zoning provisions, and which may be suitable only in specific locations in the zone if certain conditions are met;
      (3)   Administrative review. To hear and decide appeals where it is alleged by the applicant that there is an error in any order, requirement, permit, decision, grant, determination, or refusal made by the enforcement officer or other administrative office in the carrying out of this chapter, and for interpretation of the zoning map. The Board of Adjustment has authority to said appeals, and to make literal interpretations of the pertinent provisions in order to correct any possible misinterpretation, and to make only those departures from a literal conformance of the zoning regulations, which are specifically delegated to it;
      (4)   Procedures for all appeals to Board. Appeals to the Board may be taken by any person or entity claiming to be injuriously affected or aggrieved by an official action, order requirement, interpretation, grant, refusal, or decision of any zoning administrative or enforcement officer. Such appeal shall be taken within 30 days of a decision by the official, by filing with said officer and with the Board a notice of appeal, specifying the grounds thereof, and giving notice of such appeal to any and parties of records. Said officer shall forthwith transmit to the Board all papers constituting the record upon which the action appealed form was taken and shall be treated as and be the respondent in such further proceedings. At the public hearing on the appeal held by the Board, any interested person may appear and enter his or her appearance, and all shall be given an opportunity to be heard;
      (5)   Public notice of appeal hearing. The Board shall fix a reasonable time for hearing the appeal and give public notice in accordance with KRS Chapter 424, as well as written notice to the appellant and the Administrative Official at least one week prior to the hearing, and shall decide it within 60 days. The affected party may appear at the hearing in person or by attorney;
      (6)   Variance. To hear and decide on applications for dimensional variance where, by reason of the exceptional narrowness, shallowness or unusual shape of the site, or by reason of exceptional topographic conditions, or some other extraordinary situation or condition of that site, the literal enforcement of the dimensional requirements of the zoning provisions would deprive the applicant of reasonable capacity to make use of the land in a manner equivalent to the use permitted other landowners in the same zone. The Board may impose any reasonable conditions or restrictions it decides to grant. The Board shall deny any request for a variance arising from circumstances that are the result of willful violations of the zoning regulation by the applicant subsequent to the adoption of the zoning regulation form which relief is sought;
      (7)   Findings necessary for granting variances. Before any variance is granted, the Board must find that the granting of the variance will not adversely affect the public health, safety or welfare, will not alter the essential character of the general vicinity, will not cause a hazard of nuisance to the public, and will not allow an unreasonable circumvent of the requirements of the zoning regulation. In making these finding, the Board shall consider whether:
         (a)   The requested variance arises from special circumstances, which do not generally apply, to land in the general vicinity, or in the same zone;
         (b)   The strict application of the provisions of the regulation would deprive the applicant of the reasonable use of the land or would create an unnecessary hardship on the applicant; and
         (c)   The circumstances are not the result of actions of the applicant subsequent to the adoption of the zoning regulation from which relief is sought.
      (8)   Nonconforming use change. To permit a change from one nonconforming use to another, providing the new nonconforming use is in the same or a more restrictive zoning classification in accordance with these zoning regulations;
      (9)   Limits of authority. The Board of Adjustment shall not possess the power to grant a variance to permit a use of any land, building, or structure, which is not permitted by the zoning provisions for the zone in question; or to alter density requirements in the zone in question. The Board does not possess the authority to permit a use not authorized by these zoning regulations;
      (10)   Application of variance. A dimensional variance applies to the property for which it is granted, and not the applicant. A variance also runs with the land, and is transferable to any landowner of the land, but the applicant cannot transfer it to a different site;
      (11)   Additional authority. In granting a variance, the Board may attach thereto such conditions regarding the location, character, and other features of the proposed building, structure, or use as it may deem advisable in the furtherance of the purposes of these zoning regulations;
      (12)   Report. A written report on each variance that is granted or denied by the Board shall be submitted to the County Fiscal Court with a copy retained in the files of the planning office; and
      (13)   Members. The Board of Adjustment shall consist of five members.
(Ord. 2017-07, passed 11-27-2017; Ord. 2022-11, passed 1-9-2023)

§ 150.108 ADMINISTRATIVE JURISDICTION.

   (A)   The county may employ a staff or contract with planners or other persons, as it deems necessary to accomplish its assigned duties as delineated in KRS Chapter 100. The administrative and enforcement officer has initial authority for the literal enforcement of these zoning regulations. They have no discretionary authority to allow any departure from the literal conformance with the zoning regulations.
   (B)   The Circuit Court has jurisdiction to determine all questions and issues properly brought before it on appeal from the decisions of the Board of Adjustment or Planning Commission.
(Ord. 2017-07, passed 11-27-2017)

§ 150.109 AMENDMENTS AND DEVELOPMENT PLANS.

   (A)   Intent. The intent of this section is to provide guidance for the zoning ordinance amendment processes, including text and map amendments. It shall also be the intent of this section to guide the use of development plans, which may be used for a variety of planning and zoning processes, including map amendments. The Planning Commission in its obligation to promote the public health, safety, and general well-being shall consider, but not be limited to, the following in its amendatory and development plan considerations:
      (1)   The conservation of natural resources, which may include various wildlife forms, vegetation, steep slopes, surface water, ground water, floodplain, soils, geologically sensitive areas, air quality, noise, sufficient sunlight exposure, and the like;
      (2)   The conservation of sites that have historic or architectural value;
      (3)   The provision for safe, efficient vehicular and pedestrian transportation, off-street parking and loading within the development and the community and neighborhood;
      (4)   The provision for sufficient open space and recreational opportunities;
      (5)   The compatibility of the overall site design (buildings, parking, circulation, signs, screening, and landscaping) and land use with the existing and projected future land use of the area;
      (6)   The provision for adequate drainage facilities to prevent runoff problems during times of peak precipitation and flooding to the site and the surrounding community/neighborhood;
      (7)   The provision that infrastructure needs shall, as they relate to essential services and infrastructure systems, be adequately addressed;
      (8)   The development plan’s compliance with the comprehensive plan and all applicable regulations as per county subdivision regulations.
   (B)   Initiation and actions required for amendment. This chapter, including both the text and the zoning map, may be amended, supplemented, changed, modified, or repealed. A proposal for amendment to any zoning regulation may originate with the Planning Commission or with the Fiscal Court, or with the owner of the property in question for map amendments. Regardless of the origin of the proposed amendment, it shall be referred to the Planning Commission before adoption.
   (C)   Public notice of proposed amendments.
      (1)   The Planning Commission shall then hold at least one public hearing after notice as required by KRS Chs. 100 and 424. The Planning Commission shall send copies of the notice to adjoining property owners surrounding the proposed zoning change within 200 feet of the property proposed for a map amendment.
      (2)   All procedures for public notice and publication as well as for adoption shall be the same as for the original enactment of a zoning ordinance (KRS Ch. 424).
   (D)   Findings required for granting amendment. Before any map amendment is granted, the Planning Commission must find that the map amendment is in agreement with the comprehensive plan, or, in the absence of such a finding, that one or more of the following apply, and such findings shall be recorded in the minutes and records of the Planning Commission:
      (1)   That the existing zoning classification given to the property is inappropriate and that the proposed zoning classification is appropriate;
      (2)   That there have been major changes of an economic, physical, or social nature within the area involved which were not anticipated in the comprehensive plan and which have substantially altered the basic character of the area.
   (E)   Variances and conditional use permits. The Planning Commission may hear and finally decide applications for variances or conditional use permits when a proposed development plan requires a map amendment and one or more variances or conditional use permits. The Planning Commission shall assume all powers and duties otherwise exercised by the Board of Adjustment pursuant to KRS Ch. 100 and this chapter. The applicant for the map amendment may elect to have any variances or conditional use permits for the same development to be heard and finally decided by the Planning Commission at the same public hearing set for the map amendment, or by the Board of Adjustment as otherwise provided for by KRS Ch. 100 and this chapter.
   (F)   Development plan requirements.
      (1)   When required. A preliminary development plan shall be required in the following instances:
         (a)   The Planning Commission, as a condition to the granting of any zoning change, shall require the submission of a development plan which, where agreed upon, shall be followed; except for a single principal structure and accessory structures for a single family dwelling, a duplex dwelling, a triplex dwelling, or a four-plex dwelling on a single lot or ownership parcel. As a further condition to the granting of a zoning change, the Planning Commission shall require that substantial construction be initiated within two years following the enactment of the map amendment, provided that such zoning change shall not revert to its original designation unless there has been a public hearing. The development plan shall be a continuing condition for the area rezoned unless amended as required herein;
         (b)   When there is a proposal for multiple principal buildings on a single ownership parcel or lot;
         (c)   The subdivision process may substitute for the development plan process.
      (2)   Plans defined. For purposes of this division (F) and the plans required herein, the following definitions shall apply:
         (a)   SKETCH PLAN. This plan will be used to determine the essential graphic and written materials required for a specific map amendment and those specific actions, such as map amendments, variances, or conditional use permits that may be requested of the Planning Commission. The sketch plan may be conceptual, but should indicate any site or surrounding features or conditions that may affect the proposed development or surrounding properties or rights-of-way, the proposed buildings, access points, parking and loading areas, landscaping and screening areas, existing and proposed utilities, proposed location for solid waste storage and access to same, and any other conditions on the site or surrounding properties or proposed development features which may affect the development of the site or surrounding properties or rights-of-way. The sketch plan does not have to be detailed or highly finished drawings but should address the issues and conditions that may be essential to the development.
         (b)   PRELIMINARY DEVELOPMENT PLAN. This plan shall be that plan adopted by the Planning Commission when the Planning Commission favorably recommends a map amendment to the Fiscal Court. The preliminary development plan shall include that information as determined in the pre-application conference. No building permits shall be issued based upon a preliminary development plan.
         (c)   FINAL DEVELOPMENT PLAN. This plan is, in effect, a final site plan with that level of detail as may be required for obtaining those permits and approvals necessary for construction. It shall include all information required as set forth hereinafter and as necessary for the review of the proposed development and its compliance with any applicable law or regulation, including any previously approved preliminary development plan.
      (3)   Content and format of development plans. All development plans shall be prepared on mylar or other material capable of clear reproduction. Required plan information shall be as follows:
         (a)   Contents of preliminary development plan. A preliminary development plan shall contain the following minimum information:
            1.   A title block containing the plan name, development plan type (preliminary or final), name and address of developer and plan preparer, and a written and graphic scale;
            2.   The boundary of the subject property and the zoning and owner names and addresses for all adjoining property;
            3.   Date, appropriate north point, and graphic scale;
            4.   A vicinity, or key map, oriented in the same direction as the design scheme, scale not smaller than one inch equals 2,000 feet;
            5.   Topography, with contours at an interval of not greater than five feet. USGS quadrangles may be used as a base. This requirement may be waived by the discretion of the County Engineer.
            6.   Scale of one hundred feet to one inch or larger;
            7.   Location, arrangement and approximate dimensions of existing and proposed streets, roads, driveways, sidewalks, and parking areas. Profiles and cross-sections of proposed streets or roads;
            8.   Perimeter screening, recreational, and other open spaces;
            9.   Approximate size, location, floor area, and use of proposed and existing buildings;
            10.   Approximate location of lot lines for projects anticipated to involve land subdivision;
            11.   Approximate location and dimensions of all existing and proposed easements;
            12.   Approximate location and sizes of existing and proposed utilities;
            13.   Minimum building setback lines;
            14.   Floodplain as determined by Federal Emergency Management Agency, (F.E.M.A.), and classification, as per F.E.M.A. codes;
            15.   Approximate location and dimensions of storm drainage areas, conceptual drainage controls and stormwater retention;
            16.   Plats shall be submitted not larger than 24 by 36 inches in size.
         (b)   Contents of final development plan. A final development plan shall contain all information as required for preliminary development plans under the provisions below, except that the plan information shall be of an exact nature, rather than approximate or general.
   (G)   Map amendment and development plan procedures.
      (1)   Preapplication conference.
         (a)   Prior to any application for an amendment, the applicant shall meet informally with county planning staff to determine the following:
            1.   The effect of the proposed development on the existing neighborhood, traffic patterns, and infrastructure systems;
            2.   How the proposed development relates to the comprehensive plan;
            3.   The various regulations that may apply to the proposed development;
            4.   An explanation of the required contents of the preliminary development plan, and any other required submission of materials; and
            5.   An explanation of the amendment process.
         (b)   At the time of the meeting with the planning staff, the applicant should present a sketch plan, as outlined in division (F)(2)(a) above.
      (2)   Formal application. To formally request the Commission to consider action on any zone map amendment and/or preliminary development plan, the applicant shall file a complete application (with respect to all applicable provisions of this chapter and other county ordinances, regulations and policies), pay the filing fee, and provide copies of all written and graphic material as required. Also the date for the public hearing will be set.
      (3)   Refiling. Upon reenacted amendment proposals, the applicant must wait one year before reapplying with the same proposal, unless the Planning Commission grants permission to resubmit sooner.
      (4)   Review. The planning staff shall send the development plan to concerned agencies and interests for their respective technical review. If necessary, or requested by the applicant, the interest and technical review bodies may meet together to resolve, if possible, all differences and difficulties associated with the development proposal. These meetings will be open to all interested parties, including the public.
      (5)   Zoning map amendment procedure.
         (a)   Proposed map amendments shall follow the alternative zoning map amendment procedures set out in KRS 100.2111. The Planning Commission recommendation relating to the proposed amendment shall become final and the map amendment shall be automatically implemented subject to the provisions of KRS 100.347, and as set forth in the Planning Commission recommendations, unless within 21 days after final action by the Planning Commission:
            1.   Any aggrieved party that files a written request with the Planning Commission that the final decision shall be made by the Fiscal Court; or
            2.   The Fiscal Court files a notice with the Planning Commission that the Fiscal Court shall decide the map amendment. It shall take a majority of the entire Fiscal Court to override the recommendation of the Planning Commission.
      (6)   Planning Commission action. No development plans will be considered for Commission action until they have been reviewed by the appropriate review agencies or interests. The Commission may pursue the following action:
         (a)   Approval. The development plan is ready for approval as presented.
         (b)   Conditional approval. The development plan will be approved when the developer has complied with the conditions of approval set forth in the Commission’s action on the development plan.
         (c)   Disapproval. The development plan has been disapproved by the Planning Commission. To request new review and action, the developer must file a new application as set forth in this section.
         (d)   Postponement. In circumstances where further resolution is required, the Commission may act to postpone final action on the development plan until further information or resolution of conflicts can be ascertained in accordance with KRS 100.211.
      (7)   Final development (site) plans procedures.
         (a)   Only after the Planning Commission has adopted the preliminary development plan, the applicant must present a final development plan as set forth in division (F)(2)(c) prior to the issuance of a building permit. County staff will check the final development plan and ensure that:
            1.   The plan is in compliance with the preliminary development plan.
            2.   The plan is in compliance with the comprehensive plan, this chapter, other county ordinances, regulations or policies, and all other applicable laws and regulations.
            3.   Where appropriate the review agencies may assess the document and forward their comments to the county prior to final development plan approval.
         (b)   If the final development plan complies with division (G)(7)(a) above, the Planning Commission Chair will certify on the face of the plan that all planning requirements and applicable conditions have been satisfied.
   (H)   Amendments to development plans. Amendments to approved development plans can be made only by official Planning Commission action following a public hearing. Content, format, and procedures shall be the same as for the original submission. However, amendments, which fully meet the requirements set forth hereinafter as minor amendments, shall be approved and certified by the county without further action by the Planning Commission.
      (1)   Minor amendments defined. Minor amendments are intended to expedite approval in those situations where amendments are of minor significance and generally relate to the shifting of previously approved spaces. Such amendments:
         (a)   Shall not decrease the overall land area in wards or other open spaces;
         (b)   Shall not increase building ground area coverage, floor area, or height, or increase the number of dwelling units;
         (c)   May increase building ground area coverage for accessory buildings, or principal buildings if additions are less than 10% and additional parking can be provided without disruption to major plan elements;
         (d)   Shall not change the location of cross-section of any street and shall not increase the number or change the location of street access points on arterial or collector streets;
         (e)   May include a reduction in parking spaces only when an associated reduction in floor area or number of dwelling units would permit a lesser number of minimum required off-street parking spaces than required for the original development plan. To qualify as a minor amendment this reduction may not be less than would be required by the zoning district regulations. For any case where parking in excess of the minimum requirement was provided on the original development plan, that same number of spaces shall be provided in excess of the minimum requirement for the proposed minor amendment plan.
      (2)   Procedures for minor amendments.
         (a)   Filing. To request approval of minor amendments to development plans, the developer shall file with the county a completed application form, and copies of the plan as required by the terms and conditions of the county’s application form.
         (b)   Review. The county shall review the plan for compliance with all applicable requirements and ordinances and shall consult with concerned agencies as appropriate to assure proper plan review. Upon determination that all requirements have been met, county staff shall submit its finding to the Planning Commission Chair for certification. If any question arises as to compliance, however, the plan shall be referred to the Planning Commission.
         (c)   Certification. Upon certification of approval by the Planning Commission Chair, county staff shall have copies of the plan prepared and distributed to other public agencies at the expense of the developer, and return the original plan tracing to the developer.
      (3)   Content and format of minor amendments. Minor amendments shall have the same content and format requirements as the original development plan, except that:
         (a)   The title shall indicate the plan as a minor amendment;
         (b)   A note shall be added listing the exact nature of the requested changes;
         (c)   The following will be the required language for the Planning Commission Chair’s certification: “I do hereby certify that this development plan amendment complies with zoning ordinance provisions regarding amendments to development plans.”
         (d)   Owners of interest will complete a certification to be signed and witnessed as follows: “I (We) do hereby certify that I am (we are) the only owner(s) of the property shown hereon, and do adopt this as My (Our) development plan for the property,” which will be required language for all property.
   (I)   Relationship to subdivision regulations. The relationships between development plans and the subdivision regulations are established as follows:
      (1)   Applicability of subdivision regulations. Although development plans are not subdivision plats, quite often the development plan does indicate a need or intent to subdivide property. For any such development plan, the design and improvement standards contained within the subdivision regulations shall be applied to proposals contained on the development plan.
      (2)   Combining plans. Development plans and preliminary subdivision plats may be combined. It is recognized that for certain development situations it can be advantageous to both the applicant and the Planning Commission to combine requirements for development plans and preliminary subdivision plats in order to streamline the development approval process while not reducing the quality of the review. The following provisions shall be applicable to any such combined plan:
         (a)   The developer shall meet with county staff no later than five working days in advance of the filing deadline to discuss the appropriateness if filing a combined plat.
         (b)   The plan shall show all information required for a development plan (preliminary or final as appropriate) and all information required for a preliminary subdivision plat as set forth in the subdivision regulations.
      (3)   Substitution of plans. A preliminary or final subdivision plat may be substituted for development plans required in conjunction with map amendment requests. It is recognized that in certain cases a preliminary or final subdivision plat would be as appropriate or more appropriate to be considered in conjunction with a map amendment request than would a development plan. Generally, such situations involve developments where placement of structures will be tightly controlled by the streets, lot pattern, and requirements for placement of structures within the zone, and where the applicant sees fit to have plans prepared at the required level of detail for subdivision plats prior to receiving a zone change approval. When an applicant is required to provide a development plan in conjunction with a zoning map amendment request, the applicant may file a subdivision plat in place of the development plan, if deemed appropriate by the county. In any disputed case, the county shall make the final judgment as to whether a development plan or a subdivision plat is required.
(Ord. 2021-07, passed 6-28-2021)

§ 150.110 REMEDIES.

   If any building or structure is erected, constructed, reconstructed, repaired, converted, or any building, structure, or land is used in violation of these zoning regulations, the enforcement officer or other appropriate authority or any adjacent or other property owner who would be damaged by such violation, in addition to other remedies, may institute injunction, mandamus or other appropriate action in proceeding to stop the violation in the case of such building, structure, or land.
(Ord. 2017-07, passed 11-27-2017)

§ 150.111 FEE SCHEDULES.

Fee Schedule for County Planning and Zoning Commission and Board of Adjustment - Zoning
Application
Fee
Number of Plat Copies to Submit*
Fee Schedule for County Planning and Zoning Commission and Board of Adjustment - Zoning
Application
Fee
Number of Plat Copies to Submit*
Zone change (map amendment)
$500
1 pdf
Development plan
$200
1 pdf
Major amendment ot development plan
$100
1 pdf
Full site plan with storm water and/or erosion control (does not include preliminary and final subdivision plat fees)
$225
1 site plan/1 storm water, 1 pdf
Cellular tower (also requires subdivision plats)
$2,500
1 pdf
Cell tower equipment upgrades or co-locations
$150
1 pdf
Conditional use
$250
1 pdf
Variance
$200
1 pdf
Non-conforming use change
$200
1 pdf
Home based business
$50
1 pdf
Planned united development (PUD)
$500
1 pdf
Multiple principal structures
$200
1 pdf
Similar permitted use
$75
1 pdf
Special called meeting for Planning and Zoning Commission and/or Board of Adjustment (does not include any fees for various applications above)
$500
N/A
Parking waiver
$100
1 pdf
Zone verification or compliance letter
$75
N/A
All public notice advertisement fees, County Court Clerk recording fees, and similar charges and expenses are not included in the fees listed above.
All fees listed above must be paid in full prior to any actions to be taken by the respective commission or board.
Publication fee:
Comprehensive plan: $50
Additional fee for documents submitted after deadline: $200
*No hard copies required if submitting electronically except for stormwater plans
 
(Ord. 2023-06, passed 3-27-2023; Ord. 2025-03, passed 5-12-2025)

§ 150.999 PENALTY.

   Where an act or omission is prohibited or declared unlawful in this chapter, and no penalty of fine or imprisonment is otherwise provided, the offender shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $10 but not more than $500 or be imprisoned for not more than 30 days, or both, for each offense or violation. Every day the offense continues shall be deemed to constitute a separate offense.
(Ord. 2017-07, passed 11-27-2017)