Mclean County Unincorporated
City Zoning Code

GENERAL PROVISIONS

§ 153.001 GOALS.

The goal of this chapter is to guide the use of land and the location of buildings in a manner, which will stabilize property values and assist in achieving an orderly pattern of land use within the county.

(Ord. 20.920-1, passed 3- -2020)

§ 153.002 OBJECTIVES.

The objectives of this chapter are:

(A) To promote public health, safety, morals and the general welfare of the county;

(B) To facilitate orderly and harmonious development; and

(Ord. 20.920-1, passed 3- -2020)

§ 153.003 AUTHORITY.

Zoning authority is granted by KRS Ch. 100.

(Ord. 20.920-1, passed 3- -2020)

§ 153.004 TITLE.

This chapter shall be known, and may be cited, and referred to as the “McLean County, Kentucky Zoning Ordinance”, and the Zoning Map herein referred to, and herein incorporated is entitled “Zoning Map - McLean County, Kentucky”.

(Ord. 20.920-1, passed 3- -2020)

§ 153.005 INTERPRETATION.

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements. Whenever this chapter imposes a greater restriction than is imposed or required by other provisions of law, rules, regulations or ordinances, the provisions of this chapter shall govern.

(Ord. 20.920-1, passed 3- -2020)

§ 153.006 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the present tense shall include the future tense; words in the singular number include the plural and words in the plural number include the singular; the word “person” includes a firm or corporation as well as an individual, and the word “lot” includes the words “plot and parcel”, except where the natural construction of the writings indicates otherwise. The word “shall” is always mandatory and not permissive. “Map” means the Zoning Map of McLean County, Kentucky.

ALLEY. Any public or private way less than 30 feet in width set aside as a permanent right-of-way for vehicular travel.

AGRICULTURAL FACILITY. Any structure relating to, used in or concerned with agriculture.

BUILDING. Any structure designed or intended for the support, shelter or protection of persons, animals or goods, including permanently attached fixtures and appurtenances such as balconies and porches.

(1) PRINCIPAL BUILDING. A building in which is conducted the principal use of the lot on which it is located.

(2) ACCESSORY BUILDING. Any building other than a principal building.

DWELLING. A residence designed or used for human occupancy, except mobile homes.

DWELLING, SINGLE-FAMILY. A detached dwelling designed for or occupied by one family only.

DWELLING, MULTIPLE-FAMILY. A dwelling for or occupied by two or more families, with separate housekeeping and cooking facilities for each.

FAMILY. One or more persons occupying a single housekeeping unit and using common cooking facilities.

HOME OCCUPATION. Any occupation of activity carried on by a member of the immediate family residing on the premises; provided:

(1) There is no exterior indication that the premises are being used for other than residential purposes;

(2) No commodity is sold on the premises except that which is prepared on the premises;

(3) No person is employed other than a member of the immediate family residing on the premises; and

(4) Not more than 25% of the total floor area of any dwelling is used for such purpose.

LOT. For zoning purposes, as covered by this chapter, a lot is a parcel of land at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such LOT shall have frontage on an improved public street, and may consist of:

(1) A single lot of record;

(2) A portion of a lot of record;

(3) A combination of complete lots of record and portions of lots of record, or of portions of lots of record;

(4) A parcel of land described by metes and bounds; provided that, in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter.

LOT, CORNER. A lot located at the intersection of two or more streets.

LOT OF RECORD. A lot, which is part of a subdivision recorded in the office of the County Clerk, or a lot or parcel described by metes and bounds, the description which has been so recorded.

LOT FRONTAGE. The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements or corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under yard in this section.

LOT DEPTH. The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

LOT WIDTH. The distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80% of the required lot width, except in the case of lots on the turning circle of cul-de-sacs, where the 80% requirement shall not apply.

MANUFACTURE. Any process by which the physical or chemical properties of a material are substantially modified or changed.

MOBILE AND MANUFACTURED HOME. A structure constructed on or after 7-15-1976, in one or more sections, fabricated in an off-site facility for installation or assembly at the building site as a permanent structure (with or without a permanent foundation) with transport features removed, with a permanent chassis and designed to be used as a dwelling, bearing a Class A or B seal issued by the commonwealth’s Department of Housing, Building and Construction, Office of the State Fire Marshal. The structure must also bear a seal certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Code, as set forth in 24 C.F.R. parts 3280, 3282 and 3283 and 42 U.S.C. §§ 5401 et seq., and as mandated by the United States of America and as administered by the United States Department of Housing and Urban Development.

MOBILE HOME PARK. Any area of land upon which two or more occupied mobile homes are located, and including any building or structure used or intended for use as a park of the equipment of such mobile home park.

MOBILE HOME SPACE. A plot of ground within a mobile home park designated for the accommodation of one mobile home.

RETAIL. The sale of goods and services in small quantities directly to the ultimate consumer.

ROOMING HOUSE. A single-family dwelling containing, in addition to the family living quarter, one or more rooms designed for or occupied by non-family members; provided that, no such room shall contain cooking equipment.

SIGN. Any device designed to inform or attract the attention of persons not on the premises on which the sign is located; provided, however, that, the following shall to be included in the application of the regulations herein:

(1) Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, names of occupants of premises or other identification of premises not having commercial connotations;

(2) Flags and insignias of any government, except when displayed in connection with commercial promotion;

(3) Legal notices; identification, information or directional signs erected or required by governmental agencies;

(4) Integral decorative or architectural features or buildings, except letters, trademarks, moving parts or moving lights; and

(5) Signs directing and guiding traffic and parking on private property, but bearing no advertising manner.

STREET. Any public or private way 30 feet or more in width set aside as a permanent right-of-way for vehicular travel.

STRUCTURE. Anything constructed or erected with fixed location on the ground or attached to something having a fixed location on the ground, including, among other things, buildings, fences and walls.

USE. The purpose or activity for which a building, structure or land is occupied or maintained.

VARIANCE, DIMENSIONAL. A departure from the terms of the zoning regulations pertaining to height or width of structures and size of yards and open spaces, where such departure will to 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.

YARD. A required open space unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward; provided, however, that, fences and walls may be permitted in any yard subject to height limitations as indicated herein.

YARD, FRONT. A yard adjacent to the front lot line extending between side lot lines. In any required front yard, no fence or wall shall be permitted which materially impedes vision across such yard above the height or 30 inches, and no hedge or other vegetation shall be permitted which materially impedes vision across such yard between the heights of 30 inches and ten feet.

YARD, SIDE. A yard adjacent to a side lot line extending from the rear line of the required front yard to the rear lot line.

YARD, REAR. A yard adjacent to the rear lot line extending between inner side yard lines.

(Ord. 20.920-1, passed 3- -2020)

§ 153.007 LEGAL STATUS; MINIMUM REQUIREMENTS.

The provisions of this chapter shall be held as minimum requirements for the promotion of public health, safety, morals and general welfare. Whenever the provisions of this chapter require a more restrictive use of land, or impose other higher standards than are required in other ordinances or regulations, private deed restrictions or private covenants, this chapter shall govern. However, if the requirements of state statutes and/or administrative regulations, county ordinances and/or covenants are more restrictive than those established in this chapter, then those requirements shall govern.

(Ord. 20.920-1, passed 3- -2020)

§ 153.008 SCHEDULE OF FEES.

(A) The following fees became effective January 1, 2022.

Appeal to Board of Adjustments	$5, plus advertising costs
Building permit
Commercial: new construction and additions
0 to 1,000 square feet	$75
1,001 to 2,000 square feet	$150
2,001 to 5,000 square feet	$225
5,001 to 25,000 square feet	$300
Over 25,000 square feet	$450
Industrial: new construction and additions
0 to 2,000 square feet	$150
2,001 to 25,000 square feet	$300
25,001 to 50,000 square feet	$450
50,001 to 100,000 square feet	$900
Over 100,000 square feet	$1,800
Residential	$0.13 per each square foot constructed with a maximum fee of $250
Cell tower application	$2,500, plus advertising/mailing costs
Certificate of occupancy	Fee included in cost of building permit
Hearing for conditional use permit	$10, plus advertising costs
Hearing for variance	$100, plus advertising/mailing costs
Plat fee	$20, plus $5 per lot
Sign permit
32 square feet or less	$50
33-55 square feet	$75
Over 50 square feet	$120
Solar pane; application
Level 1	$150
Level 2 Agriculture	$300
Level 2 Industrial	$1,000
Level 3	$2,000
Zoning change	$250, plus advertising/mailing costs

(B) For any request for a permit that is disapproved, the fee will be returned, except for a $10 minimum for handling paperwork.

(Ord. 20.920-17, passed - -; Ord. 20.920-1, passed 3- -2020; Ord. 20-920-1, passed 7-21-2020; Ord. 22-920017, passed 4-14-2022)