Morgantown City Zoning Code

CHAPTER 80

ZONING CODE

§ 80.100 A - AGRICULTURAL DISTRICT

(A) Permitted uses. Land dedicated to agricultural purposes, including row cropping, plant nurseries, greenhouses, commercial kennels, riding stables and fishing lakes shall be permitted in agricultural districts within the city limits.

(B) Prohibited uses. Within the city limits the following agricultural activities are prohibited: animal husbandry, dairying, egg and poultry production, farrowing and other agricultural activities which constitute noise or waste nuisances.

(C) Conditionally permitted uses. Subject to the approval of the board of adjustment, the following uses of land may be approved within an agricultural district: churches, Sunday school buildings, parish houses, hospitals, sanitariums, convalescent or nursing homes; public and parochial schools and colleges and private schools for academic instruction; public buildings and properties; public parks; public utilities; quarries and gravel pits; public and private sewage disposal plants; garbage and/or refuse disposal sites and wireless transmitting stations. Travel trailer parks and/or campground sites may also be established in an agricultural district as a special exception.

(Ord. 88-12 Art. 4 (4.01, 4.011, 40.012), 1988)

§ 80.101 R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT

(A) Intent. The intent of this district is to provide for low-density single family detached homes and supporting uses. This district should be the city’s largest residential area. Lots should be large enough to accommodate septic systems in areas of the city not served by the wastewater collection system.

(B) Principal permitted uses. Single-family dwellings and planned residential development projects as described in Article IV of this chapter.

(C) Dwelling, single family. A building occupied exclusively for residential purposes by one family or one housekeeping unit.

(D) Family. One or more persons occupying a single dwelling unit, provided that unless all members are related by blood, adoption, common law partner or marriage.

(E) Conditionally permitted uses requiring board of adjustment authorization. The following permitted uses are exceptions in R-1 district and require the written approval of the board of adjustment: churches and other places of worship; parish houses; public libraries; schools offering general or specialized education courses; daycare and/or nursery services; public parks and noncommercial public recreational facilities; nurses’ homes; nursing homes; hospitals for the care of humans; philanthropic institutions and clubs of which the chief activity is customarily carried on as a business.

(F) Accessory building and uses shall be permitted as customarily incidental to the conditional use.

(G) Lot area frontage and yard requirements.

(1) Minimum dimensional requirements:

Lot area 12,000 square feet

Lot width at building line 75 feet

(2) Yard space (excepting unattached accessory buildings):

Rear depth 25 feet

Side yards 12 feet

Front depth 35 feet

Frontage 40 feet

The minimum width of side yards along intersecting streets shall be the same as the front yard setback required for the residential district on such side street.

(Ord. 88-12 Art. 4 (4.021-4.024), 1988; Am. Ord. passed 10-2-23)

§ 80.102 R-2 - SINGLE-FAMILY RESIDENTIAL DISTRICT

(A) Intent. Same as for R-1 except this zone is intended to encourage low- to moderate- density and more compact dense single-family development.

(B) Requirements. The requirements for this district shall be the same as those for the R-1 district with the following exceptions:

(1) Lot area, frontage and yard requirements:

Lot area 10,000 square feet

Rear depth 25 feet

Side depth 10 feet

Front depth 35 feet

(Ord. 88-12 Art. 4 (4.03), 1988; Am. Ord. passed 10-2-23)

§ 80.103 R-3 - MULTI-FAMILY RESIDENTIAL DISTRICT

(A) Intent. This district is intended to encourage low- to moderate-density residential development, including a compatible mixture of duplexes and triplexes with single-family residences. It is also the intent of this zone to allow the conversion of large, older homes.

(B) Principal permitted uses. Single- and multi-family residences and planned residential developments subject to Article V.

(1) Multi-family dwellings.

(2) Boarding houses for up to six (6) persons, not to exceed more than two (2) individuals per bedroom.

(3) Community residences.

(4) Townhouses except that no more than twelve (12) units may be attached.

(1) The following uses are special exceptions in an R-3 district and require the written approval of the board of adjustment: churches and other places of worship, parish houses, public libraries, schools, daycare and/or nursery services, public parks and public recreational facilities, public utilities, funeral homes, cemeteries, nurses' homes, clinics and hospitals for human care, philanthropic institutions and clubs (except clubs of which the chief activity is customarily carrying on of a business).

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(2) Other conditionally permitted uses within an R-3 district may include: an office in the residence of a physician, dentist, lawyer, engineer, architect, realtor, insurance agent, the studio of an artist, a teacher of music (limited to one (1) pupil at a time). Such uses must not involve more than one-half (1/2) of the area of one (1) floor of the dwelling and no more than one (1) person not resident on the premises may be employed. It is further required that such use shall not require structural alteration or features not customary in dwellings. An indirectly lighted sign or name plate not more than one (1) square foot in area may be attached flat against the side of the building.

(3) Additional conditionally permitted R-3 uses may include such customary home occupations as handicraft, dressmaking, laundering, beauty and barber shops, etc. These occupations must be conducted exclusively by resident occupants in their place of residence, and not more than one-fourth (1/4) of the area of one (1) floor of the residence shall be used for such purpose. It is further required that within the exception of handicrafts, no more than twenty percent (20%) of the revenue of home occupations shall be derived from the sale of items at retail. The use of a residence for home occupations shall not require alteration, or structural features not customarily found in a dwelling. An indirectly lighted sign of not more than one (1) square foot may be affixed against the wall of the building.

(4) The planning and zoning board may attach such conditions as it deems necessary to preserve and protect the nature of the district.

(5) Additional conditionally permitted uses within R-1 an R-2 may include a home occupation, renting of sleeping rooms, music teaching, tutoring, tax and bookkeeping work, emergency and occasional medical treatment without stated regular hours, home sewing, home making and manufacturing for retailers such as fish bait making, labeling and mailing envelopes and literatures. The selling of any merchandise to general public shall be prohibited. This section shall not prohibit the owner's use of an R-1 and R-2 residence to make solicitation calls, calls to clients, customers, use their homes as an office for their personal business, such as an insurance debit. All home occupations shall not in any manner generate business traffic on a continuous regular basis as a retail or wholesale outlet. Home occupations shall not permit home storage for retail or delivery sales. Such activity shall not permit public advertisement to induce prospective customers to the R-1 or R-2 residence, or create area traffic or customer flow. Such activity shall occupy no more than twenty-five percent (25%) of the total floor area of the dwelling, garage area, out buildings included. Non-family help or employees are prohibited.

(D) Accessory buildings and uses. Accessory buildings and uses customarily incidental to the conditional uses shall be permitted.

(E) Height requirements. No principal structure in an R-3 district shall exceed three (3) stories, or thirty-six (36) feet in height.

(F) Lot area, frontage and yard requirements.

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MORGANTOWN - ZONING CODE

(1) The minimum required lot size in an R-3 district shall be eight thousand (8,000) square feet for a single-family dwelling and eight thousand (8,000) square feet for the first family when the dwelling is for multi-family use with two thousand (2,000) square feet additional being required for each additional family occupying the building.

(2) Other dimension minimums:

(a) Yard space (except unattached buildings)

Rear depth 25 feet

Side widths 10 feet

Front depth 25 feet

(b) Minimum width of side yards along intersecting streets shall be the same as front yard setback for the residential district on such side street.

(Ord. 88-12 Art. 4 (4.041-4.045), 1988; Am. Ord. passed 10-2-23)

§ 80.104 R-4 - MULTI-FAMILY RESIDENTIAL DISTRICT

(A) Principal permitted uses. Single- and multi-family dwellings, same as R-3 except this covers planned residential development projects as permitted in Article V of this chapter; mobile home parks which meet the requirements of this chapter.

(B) Conditionally permitted uses requiring board of adjustment authorization. The conditionally permitted use in this district shall be the same as that of an R-3 district.

(D) Lot area, frontage, and yard requirements.

(1) The minimum required lot area within an R-4 district shall be six thousand (6,000) square feet for a single-family dwelling, and for the first family occupying a multi-family structure. There shall be two thousand (2,000) additional square feet for each additional family in a multi-family dwelling.

(2) Dimensional minimums:

(a) Lot width at building line.

Single-family 50 feet

Multi-family 60 feet

(b) Yard space, other than attached buildings.

Rear depth 20 feet

Side widths 8 feet

Front depth 20 feet

Frontage (public street) 40 feet

(c) Minimum width of side yards along intersecting streets shall be the same as the front yard setback required for the residential district of such side street.

(Ord. 88-12 Art. 4 (4.051-4.054), 1988; Am. Ord. passed - - )

§ 80.105 B-1 - CENTRAL BUSINESS COMMERCIAL DISTRICT

(A) Intent. The intent of this zone is to encourage the sound expansion of the Central Business District and recognize the special relationship of the downtown and the surrounding neighborhoods. This zone will allow mixed uses while recognizing the general business character of the downtown and the residential character of the surrounding neighborhoods.

(B) Principal permitted uses. Any consumer and personal service and/or retail establishment.

(1) Retail businesses and retail services.

(2) Places for amusement and assembly.

(3) Manufacturing or processing establishments that do not create dust, smoke, noise, odor, or other pollution outside the lot on which it is located and do not employ more than ten (10) people.

(4) Personal service establishments.

(5) Restaurants.

(6) Professional offices.

(7) Governmental offices, laboratories, and facilities.

(8) Public/semi-public uses such as libraries, vocational or technical schools, churches, nursing homes, funeral homes, medical offices.

(9) Public utility installations, offices, storage, and maintenance facilities.

(10) Wholesaler retail outlets.

(11) Hotels, motels.

(12) Minor automobile and truck repair.

(13) Passenger transportation terminals.

(14) Athletic club facilities.

(15) Residential use provided those residential units are not mixed with nonresidential uses on the same floor unless separate entrances are provided for the residential and non-residential uses.

(16) Automobile service station provided it conforms to all general parking and landscaping requirements.

(17) Grocery stores and convenience stores whose primary function is the retail of food and sundry products.

(1) The following uses are special exceptions in a B-1 district and require written approval of the board of adjustment: apartments, townhouses, and single-family dwellings, churches and other places of worship, parish houses, schools, daycare centers and nurseries, funeral homes, hospitals or clinics for human care, industry, and philanthropic institutions and clubs (except those whose principal activities are carried on as a business or commercial activity suitable to the district).

(2) The planning and zoning board may attach such conditions to its approval as are deemed essential to the preservation of the character of the district as a historical area or general appearance of the area so as to improve its economic appearance.

(3) Although metal and prefabricated buildings are not prohibited in any area deemed by the zoning commission, all buildings and structures shall with the initial permit specify the type of veneer or siding to be exposed to the public ways and they shall provide for suitable veneer, in keeping with the surrounding area and the commercial and mixed residential areas so as to not depreciate the general appearance of the area. The zoning commission shall review such permit for approval and encourage beautifying veneer and discourage metal and wood siding not in conformity with the area. The permit shall further provide for landscaping, tree and shrub planting appropriate under each circumstance.

(D) Accessory uses. Any accessory use or building customarily incidental to permitted uses may be permitted.

(E) Mini warehouses/storage units. Which provide for rental, small storage facilities that are offered for use to the public. The P/Z Commission when granting requests for mini-warehouse facilities may limit the number of units provided, restrict the size or orientation of any structure, require screening, buffering, or landscaping, require a specific type of building material, require green landscape buffer areas, require storm water abatement measures, or impose any other requirement that it deems necessary to help the requested use blend into its unique surroundings.

(F) Storage/shipping containers. Storage/shipping containers, portable or mobile units are not considered to be used for rental, or small storage facilities that are offered for use to the public.

(G) Signs. As permitted in § 80.201 of this chapter.

(Order. 88-12 Art. 4. (4.061-4.064), 1988; Am. Ord. passed 10-2-23; Am. Ord. passed 1- -24)

§ 80.106 B-2 - COMMERCIAL DISTRICT

(A) Intent. It is the intent of this district to provide areas for commercial development outside of the Central Business District. This development should be located along major highways and should be clustered with common highway access points wherever possible. Strip development with numerous highway access points should be discouraged.

(B) The planning and zoning board may attach such conditions to its approval as are deemed essential to the preservation of the character of the district as a historical area or general appearance of the area so as to improve its economic appearance.

(C) Although metal and prefabricated buildings are not prohibited in any area deemed by the zoning commission, all buildings and structures shall with the initial permit specify the type of veneer or siding to be exposed to the public ways and they shall provide for suitable veneer, in keeping with the surrounding area and the commercial and mixed residential areas so as to not depreciate the general appearance of the area. The zoning commission shall review such permits for approval and encourage beautifying veneer and discourage metal and wood siding not in conformity with the area. The permit shall further provide for landscaping, tree and shrub planting appropriate under each circumstance.

(D) Principal permitted uses. Other uses substantially similar to those listed herein shall also be deemed permitted.

(1) Retail businesses or services, unless prohibited herein.

(2) Personal services, unless prohibited herein.

(3) Offices, clerical or research facilities.

(4) Motor vehicle sales and services.

(5) Hotels and motels.

(6) Car washes.

(7) Veterinarians or kennels, providing such structure is one hundred (100) feet from any residential zone.

(8) Restaurants, convenience stores or fast-food establishments.

(9) Type I or Type II childcare centers.

(10) Places of amusement, assembly, or commercial recreational facilities.

(11) Public buildings, churches, trade, or vocational schools.

(12) Wholesale or retail outlet stores.

(13) Manufacturing or processing establishments incidental to retail functions only with no more than ten (10) employees which are non-hazardous and non-polluting and conducted fully within an enclosed building.

(14) Medical offices, clinics, and hospitals.

(15) Athletic club facilities.

(16) Schools for academic instruction.

(17) Pawnshops.

(18) Taxidermy establishments.

(19) Garden centers.

(20) Banks, credit agencies, security and commodity brokers, credit institutions, savings, and loans, holding and investment companies.

(21) Barber and beauty shops.

(22) Business colleges, technical or trade schools and institutions.

(23) Establishments for the display, sale, rental, service and repair of agricultural machinery, contractor equipment, trucks, automobiles, travel trailers, boats, motorcycles, mobile homes, and the supplies for such items.

(24) Automobile service stations are subject to all parking and landscaping requirements of this chapter.

(25) Laundromats.

(26) Indoor amusement establishments and arcades.

(27) Shops of special trade and general contractors such as plumbing, heating, carpentry, masonry, painting, metal work, printing, electrical, sign painting, tile, electroplating, terrazzo, drilling, excavating, wrecking, construction, and paving.

(28) Churches.

(29) Residential use provided those residential units are not mixed with nonresidential uses on the same floor unless separate entrances are provided for the residential and non-residential uses.

(E) Conditionally permitted uses requiring board of adjustment authorization.

(1) The following uses are special exceptions in a B-2 district and requiring written approval of the board of adjustment: apartments, multi-family dwellings, townhouses, and single-family dwellings, funeral homes and cemeteries, industry, public parks and noncommercial recreational facilities, schools, and philanthropic institutions and clubs (except those whose principal activities are carried on as a business).

(2) The board of adjustment may attach such conditions to its approval as are deemed necessary to protect and preserve the character of the district.

(F) Accessory buildings and uses. Any accessory buildings or uses customarily incidental to the permitted uses may be permitted.

(G) Mini warehouses/storage units. Which provide for rental, small storage facilities that are offered for use to the public. The P/Z Commission, when granting requests for mini-warehouse facilities, may limit the number of units provided, restrict the size or orientation of any structure, require screening, buffering, or landscaping, require a specific type of building material, require green landscape buffer areas, require storm water abatement measures, or impose any other requirement that it deems necessary to help the requested use blend into its unique surroundings.

(H) Storage/shipping containers. Storage/shipping containers, portable or mobile units are not considered to be used for rental, or small storage facilities that are offered for use to the public.

(I) Any outdoor storage area shall be completely screened with a six (6) foot high solid fence or wall from adjoining uses and streets and shall be landscaped and paved. Such outdoor storage areas shall not be used as vehicle impound yards or junk yards, as defined in this chapter or other local ordinances. Storage of vehicles shall be limited to those vehicles to be repaired on the premises. The P/Z Commission may establish additional conditions, which it believes are necessary to assure compatibility with neighboring uses.

(J) Required conditions.

(1) Screening. Where a commercial lot adjoins a residential lot, a well-maintained compact hedge, a solid fence, or similar solid screening device at least six (6) feet in height shall be installed to screen the business use from the adjoining lot in the residential district. The screen shall begin at the front building line and extend along the common side lot line to the rear property line.

(2) Access to streets and highways. As required in § 80.042 of this chapter.

(K) Lot area, frontage, and yard requirements.

(1) Minimum dimensional requirements:

Lot area No set dimensions

Frontage No set dimensions

Front depth 25 feet

(a) In commercial districts along federal aid highways, buildings may be no closer to the highway right-of-way than fifty (50) feet.

Side yard widths No set dimensions

(b) However, if the lot adjoins a residential district, buildings shall be so located as to comply with the requirements of the adjoining residential district as to lot coverage, width and side yards.

Rear yard depth No set dimensions

(c) However, if the lot bounds on an alley, there shall be a rear depth sufficient for loading, unloading, and access for emergency vehicles such as fire trucks.

(2) All buildings on corner lots adjoining a residential district shall be located as to conform with corner lot side yard requirements of said residential district.

(K) Sign and/or billboard regulations. Governed by § 80.201 of this chapter.

(Ord. 88-12 Art. 4 (4.071-4.076), 1988; Am. Ord. passed 10-2-23; Am. Ord. passed 1- -24)

§ 80.107 O-1 - OFFICE AND PROFESSIONAL BUILDING DISTRICT

(A) Permitted uses. Permitted uses for this district are: diagnostic clinics, hospitals, and health clinics, architectural, engineering, realtor, management, insurance, accounting, financial institutions and legal offices, medical offices for treatment by physicians, dentists, and other licensed practitioners, museums, art galleries, and libraries, and allied or similar uses to include the sale of retail of consumer items such as drugs, medical supplies or appliances, office equipment and supplies, etc.

(B) Conditionally permitted uses requiring board of adjustment approval. The following uses are special exceptions in an O-1 district and require written approval of the board of adjustment: apartments and townhouses, industry, schools, and philanthropic institutions and clubs.

(C) Accessory buildings and uses. Any accessory buildings or uses customarily incidental to permitted uses may be permitted.

(D) Lot area, frontage and yard requirements.

(1) Minimum dimensions:

Lot area	None
Frontage	None
Rear yard	25 feet
Side yards	10 feet
Front yard	25 feet

(E) Parking. As provided in § 80.047 of this chapter.

(F) Access. Same as those set forth for commercial districts.

(G) Signs. As set forth in § 80.201.

(Ord. 88-12 Art. 4. (4.081-4.086), 1988)

§ 80.108 I - INDUSTRIAL DISTRICT

(A) Industrial district defined.

(1) For the purposes of this chapter, “industry” is defined as the activity of assembly, conversion or change of form or appearance of physical materials or chemical elements, natural or manmade, in anticipation of enhanced economic value or usefulness.

(2) In addition to such activity, certain types of commercial operations of sale, service, and warehousing are deemed to be especially suited for location in an industrial district. Commercial or business enterprises other than those specifically noted may be permitted with the approval of the board of adjustment.

(B) Permitted uses.

(1) Manufacturing. Permitted uses include any manufacturing activity: assembly, fabrication, or processing which does not, by its nature, create a public nuisance. A new industry locating in an industrial district must furnish to the commission through the zoning administrator assurances that it will comply with all federal, state, and local regulations with regard to air pollutants, noise pollution, and solid waste and hazardous waste disposal prior to the issuance of building and construction permits.

(2) Sales firms. Sales lots, display and stocking areas for the following types of business are deemed to be suitable for industrial districts: automobiles, trailers, and mobile homes, farm implements, lumber and building materials, and wholesale of jobbing firms.

(3) Service establishments. The following types of service establishments are designed as suitable for industrial districts: automobile rental agencies, animal hospitals, veterinary clinics, and associated kennels, motorcycle repair, and carpet cleaning.

(4) Warehousing and storage and truck and freight terminal. Warehousing and storage facilities and truck and freight terminals as a general category are permitted in industrial districts.

(5) Auto and other junkyards. Open storage is permitted in industrial districts. The board of adjustment shall require screening of the area by fences or other approved method so storage is not visible from public ways. All junkyard permits shall be conditional and granted year to year and the board of adjustment may from time to time regulate use.

(6) Public and private mini-storage units. Public and private mini-storage units shall be permitted subject to approval of structure by the board of adjustments.

(7) Public facilities. Public water and sewage treatment plants and other public facilities and utility plants are permitted in industrial districts.

(1) The following manufactures require the written approval of the board of adjustment for conditional permitting in an industrial zone: abattoirs, acids, acetylene gas, refining, blast furnaces, bricks, charcoal, chemicals, creosote treatment and production, exterminator or insect poisons, rendering, fertilizer, leather curing and tanning, lime, monuments, plaster of paris, quarrying, rock crushing, sawmills, sulphur, sulfuric acid and derivatives, tar distillation and terra cotta.

(2) Other conditional uses include: refuse dump, scrap iron and salvage yards, junk car lots, coal washing, and wrecking material yards.

(D) Accessory buildings and uses. Any accessory building or use customarily incident to the above permitted or conditionally permitted use shall be permitted.

(F) Storage containers. Storage containers, portable or mobile units are not considered to be used for rental, or small storage facilities that are offered for use to the public.

(G) Required conditions.

(1) On lots adjacent to a residential district, all buildings shall be located so as to provide a minimum side yard of fifty (50) feet on the side adjoining the residential property.

(2) Loading docks. Where possible, loading docks should be located so as not to front on a public way or roadway.

(3) Storage facilities. No materials or supplies shall be stored or permitted to remain on any part of the property outside of the buildings constructed thereon without proper screening and adequate distance from adjoining properties.

(4) Waste disposal. No waste material or refuse may be dumped upon, or be permitted to remain upon any part of an industrial site outside of the building erected thereon except as may be required for pretreatment of waste prior to its being discharged into the municipal sewage system. No property shall be used for industrial purposes unless the city agrees to accept its sewage or the industry constructs its own approved facilities.

(H) Lot area, frontage and yard requirements.

(1) Dimensional minimums:

Lot area None

Frontage None

Front depth 40 feet

Side yards 25 feet

Rear depth 25 feet

(2) No yard shall be required for that part of a lot which abuts upon a railroad siding.

(3) All buildings on corner lots adjoining a residential district shall be so located as to conform with corner lot requirements of such district.

(I) Signs and billboards. As permitted in § 80.201 .

(Ord. 88-12 Art. 4 (4.090-4.096), 1988; Am. Ord. passed 1- -24)

§ 80.109 PERMITTED USE (P-1)

Land dedicated to use for all services deemed required or necessary to ensure public health, safety, and the general welfare of the city; to facilitate orderly and harmonious development; and to preserve the visual and/or historical character of the city and the intensity of the land use.

(A) City-owned facilities, parks, cemeteries, and public utilities.

(B) Schools and educational facilities.

(Ord. passed - -)

§ 80.110 ZONING MAP AMENDMENTS

(A) Ordinance amendments. A proposal for an amendment of this chapter shall be referred to the Planning and Zoning Commission before its adoption. The Commission shall review the proposal, and shall, within sixty (60) days from the date of its receipt, recommend to the City Council as to whether it approves or disapproves of the proposed change; and, if it disapproves, state the reasons for his or her disapproval. Before the Planning Commission makes its recommendation to the City Council, said Commission shall hold at least one (1) public hearing after notice as required by KRS Ch. 424. A majority of the elected membership of the City Council shall be required to override the Planning Commission in its disapproval.

(B) Zoning map amendments. A proposal for amendment of the zoning map of the City of Morgantown, Kentucky, shall include a metes and bounds description of the same property to be rezoned, along with a plat of the same scale as the zoning map Morgantown, Kentucky, located in the office of the Zoning Administrator.

(C) Approval. Before any map amendment is granted to, the Planning and Zoning Commission and the City Council must find that the map amendment is in agreement with the communities’ comprehensive plan, or in the absence of such a finding, that one or more of the following apply, and such finding will be recorded in the minutes and records of the Planning and Zoning Commission and the City Council.

(1) That the original zoning classification given to the property was inappropriate or improper.

(2) That there have been major changes of an economic, physical, or social nature within the area involved which were not anticipated in the community comprehensive plan and which had substantially altered the basic characteristics of the neighborhood.

(D) Development plan. As a condition to the granting of any amendment to the official zoning map, the Planning Commission is authorized to require the submission of a development plan. The development plan shall be filed in accordance with the provisions of the Kentucky Revised Statutes. Where agreed upon by the applicant, this development plan shall be followed and shall be binding on all parties, their heirs, successors, and assigns. A development plan may be either a general development plan or a detailed development plan or both as specified by the Kentucky Revised Statutes.

(E) Binding elements. No binding element approved by the Planning Commission as a part of the proposed development plan shall permit the development or use of land in a manner prohibited by this chapter. To the extent of binding elements of a development plan by purports to grant such permission, it shall be deemed in conflict with the zoning district regulations and shall be void and of no effect.

(F) Recording of binding elements. Following the approval of a map amendment and general development plan, or any amendments thereto, a statement of finding elements shall be prepared by the applicant and filed in the office of the Butler County Clerk. The statement of binding elements shall contain the name of the owner at the time of per approval by the Planning Commission, a description of the property in question, source of title, and enumeration of the binding element as adopted by the applicant and the Planning Commission. The same shall be assigned by the owner/applicant who shall be responsible for all fees associated with preparation and recordation.

(G) Elements of a general development plan. A development plan means written and graphic material for the provision of the aid development including any or all of the following: location and bulk of buildings and other structures, intensity of the use, density of development, streets, ways, access points, and parking facilities, signs, drainage of surface water, a plan for screening or buffering, utilities, existing man-made and natural conditions, binding elements, all other conditions agreed on by the applicant.

(H) Action on development plan. The Planning Commission shall consider the general development plan as part of a zoning map amendment request and shall take action on the map amendment concurrently with the application for a zoning map amendment.

(I) Amendment to enacted development plan. Amendments and modifications to an improved development plan shall require the approval of the Planning Commission. Request for amendment of any such plan shall be submitted to the Planning Commission and shall contain the signature of all to the binding elements sought to be amended. Request for amendment and modification of any development plans do not need to be signed by or consented to by property owners which are not to be subject to the modification/amendment of the development plan. Interested parties including surrounding property owner shall have the right to be heard at the public hearing conducted on the amendment/modifications to the development plan.

(Ord. 88-12 Art. 4 (4.090-4.096), 1988); Am. Ord. passed - -17)

§ 80.400 ZONING ADMINISTRATOR

(A) The provisions of this chapter shall be enforced by a zoning administrator designated by the city.

(B) The zoning administrator shall keep accurate records in a permanent file for the issuance of building permits, certificates of occupancy, inspections, violations, stop orders, and condemnations. If the administrator finds any provision of this chapter being violated, the person or persons responsible for such violation shall be notified by the administrator through registered mail. Such notification shall order the discontinuation of any illegal use of land, building and/or structures.

(C) Appointment of the zoning administrator shall be by the Mayor, and the zoning administrator shall serve at the will of the Mayor. Salary shall be set by the City Council by ordinance.

(D) Any permit or certificate of occupancy issued in conflict with the provisions of this chapter shall be null and void.

(Ord. 88-12 Art. 7 (7.01), 1988); Amended during 1993 codification)

§ 80.401 ZONING PERMITS REQUIRED; FEES

(A) Required. It shall be unlawful to commence the excavation for, or the construction of any building, including accessory buildings, or to commence the building or alteration of any building, including accessory buildings, before the zoning administrator has issued a permit for such work.

(B) Fees. Unless otherwise set by this chapter, the fees to be charged for building permits shall be set by the City Council with the advice of the zoning administrator and the planning commission.

(1) Recurring maintenance;

(2) Installation of required improvements in accordance with an approved plan.

(Ord. 88-12 Art. 7 (7.02-7.023), 1988; Am. Ord. passed - -22)

§ 80.402 ZONING PERMITS; PROCEDURE; PROVISIONS

(A) Applications. In applying to the zoning administrator for a zoning permit, the applicant shall submit a plan along with the application. This plan must be drawn to scale, showing the dimensions of the lot to be built upon, the outside dimensions of all structures to be constructed or altered and all existing structures. The use of structures and the proposed yard depths should be detailed, and any other information pertinent to the assessment of conformance should be included. The city or county health officer's certificate approving the water and sewage facilities must accompany the application.

(B) Issuance.

(1) If the proposed construction or alteration conforms with all applicable ordinances, regulations, and codes, the zoning administrator shall issue a zoning permit authorizing construction or alteration.

(2) If the proposed construction or alteration fails to conform, the zoning administrator shall refuse to issue a zoning permit, and shall cause delivery of written notice to the applicant stating the reason for refusal.

(3) The zoning administrator shall act upon all applications for zoning permits within two (2) weeks from the date of their submission.

(C) Restraint of construction without permit. If no zoning permit has been issued, and a builder begins, or continues to build, a restraining order may be obtained upon application to the appropriate court, and evidence of the lack of a zoning permit shall establish a prima facie case for the issuance of the restraining order.

(D) Validity. The issuance of a zoning permit shall not waive any provisions of this chapter.

(E) Duration. A zoning permit shall become void one (1) year from the date of issuance unless substantial progress has been made by that date on the construction or alteration authorized therein.

(Ord. 88-1 Art. 7 (7.024), 1988; Am. Ord. passed - -16)

§ 80.403 CERTIFICATE OF OCCUPANCY

No land or building or part thereof thereafter erected or altered shall be used until the zoning administrator shall have issued a certificate of occupancy stating that such land, building, or part thereof and the proposed use thereof, are found to be in conformity with the provisions of this chapter. Within three (3) days after notification that a building or premises, or part thereof, is ready for occupancy or use it shall be the duty of the zoning administrator to make a final inspection thereof and to issue a certificate of occupancy if the land, building, or part thereof, are found to conform with the provisions of this chapter, or if such certification is refused, to state in writing the cause for such refusal, and to immediately thereon mail notice of such refusal to the applicant at the address indicated on the application.

(Ord. 88-12 Art. 7 (7.025), 1988)

§ 80.404 BOARD OF ADJUSTMENT

There shall exist a board of adjustment with the duties and responsibilities of such boards as set forth in KRS 100.217-261 as amended.

(A) Duties and responsibilities.

(1) Hear and decide administrative appeals where it is alleged by the appellants that there is an error in any order, requirement, permit, decision, determination or refusal made by any administrative official carrying out or enforcing any provision of this zoning ordinance;

(2) To make interpretations of the official zoning map;

(3) To make final action on conditional uses;

(4) To take final action on variances; and

(5) Administer the non-conforming use regulations per KRS 100.253.

(B) Membership. The Board of Adjustment shall consist of five (5) citizen members. The Mayor of the city shall point the members to the Board of Adjustment subject to the approval of the City Council.

(C) Terms of officer. The terms of office shall be four (4) years ending on June 30 of the designated year. The Board of Adjustment shall otherwise be organized and operated in accordance with KRS 100.217.

(Ord. 88-12 Art. 7 (7.026), 1988; Am. Ord. 2015-07, passed 3-30-15)

§ 80.405 GRIEVANCE PROCEDURE; APPEALS

Appeals from the decisions of the planning commission and/or the board of adjustment may be taken to the circuit court of Butler County within thirty (30) days after final action of the bodies in accordance with KRS 100.347, as amended.

(Ord. 88-12 Art. 7 (7.03), 1988)

§ 80.406 PLANNING COMMISSION

There shall exist a Planning Commission with the duties and responsibilities of such boards as set forth in KRS Chapter 100 as amended.

(A) Duties and responsibilities.

(1) The Commission shall have general powers necessary to carry out its functions in accordance with this chapter.

(2) The Commission shall adopt and approve its by-laws. The by-laws shall set forth the procedures, rules and regulations necessary for the Commission to conduct its business. The by-laws shall describe the method for administration of funds.

(B) Membership. The Planning Commission shall consists of five (5) citizen members. The Mayor of the city shall appoint the members to the Planning Commission subject to the approval of the City Council.

(C) Terms of office. The terms of office shall be four (4) years ending of June 30 of the designated year. The Planning Commission shall otherwise be organized and operated in accordance with KRS 100.217.

(D) Salary. The Planning Commission shall receive a monthly salary as set by the City Council and changed at their discretion.

(Ord. 2015-07, passed 3-30-15)

§ 80.407 VIOLATIONS

In any case where a zoning permit is required and found to be in violation of any of the terms of this chapter the enforcement or zoning administrator shall notify by registered mail or written notice served personally to the owner to comply with this chapter and to secure the required permit. If such an order is not complied with within ten (10) days, it may result in and up to a one hundred dollar ($100.00) fine per violation and shall be punishable under this chapter.

(Ord. 2015-07, passed 3-30-15)

§ 80.408 CONDEMNATION

(A) In the event any building or real estate is erected, constructed, reconstructed, repaired, converted, maintained, or any building, structure, or land is used in violation of this chapter, specifically, but not limited to, certain provisions of this chapter, or any city ordinance pertaining to land use, the zoning administrator, the planning commission, or any legislative body, or any adjacent or neighboring property owner who can demonstrate damage as a result of such violation, in addition to other remedies, may institute an action in the Butler Circuit Court which seeks injunction, mandamus, or other appropriate legal action, to prevent the occupancy of such building, structure or land or to seek abatement, or demolition of any use or structure upon the premises which constitutes a danger to the health, safety, and general welfare of the adjacent property owners, or the community in general.

(B) In the event the zoning administrator or the planning commission shall undertake any expense, contract for labor, or supply materials necessary for the enforcement of this chapter, the reasonable expense of such an undertaking to constitute a lien against the subject real estate and the zoning administrator is hereby authorized to file in the property records of the Butler County Court a statement of its lien for expenses incurred in the enforcement of this chapter.

(C) The lien enumerated herein may be enforced by foreclosure action filed in the Butler County Circuit Court against the property owner and all others possessing an interest in the subject real estate.

(Ord. 2015-07, passed 3-30-15)

§ 80.500 ZONING AMENDMENTS; PROCEDURE

(A) A proposal for amendment of this chapter shall be referred to the planning commission before adoption. The commission shall review the proposal, and shall, within sixty (60) days from the date of its receipt, advise the City Council as to whether it approves or disapproves of the proposed change; and if it disapproves, state the reason for its disapproval. Before the planning commission makes its recommendation to the City Council, the commission shall hold at least one (1) public hearing after notice as required by KRS 424. A majority of the elected membership of the City Council shall be required to override the planning commission in its disapproval.

(B) A proposal for amendment of the zoning map of the city shall include a metes and bounds description of the same property to be rezoned, along with a plat on the same scale as the "Zoning Map - Morgantown, Kentucky" located in the office of the zoning administrator.

(C) Before any map amendment is granted, the planning commission and the City Council must find that the map amendment is in agreement with the community's comprehensive plan, or, in the absence of such a finding, that one (1) or more of the following apply, and such finding shall be recorded in the minutes and records of the planning commission and the City Council:

(1) That the original zoning classification given to the property was inappropriate or improper;

(2) That there have been major changes of an economic, physical or social nature within the area involved which were not anticipated in the community comprehensive plan and which have substantially altered the basic character of such neighborhood.

(Ord. 88-12 Art. 8, 1988)

§ 80.001 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 city.

(Ord. 88-12 Art. I (1.01), 1988)

§ 80.002 OBJECTIVES

The objectives of this chapter are to promote public health, safety, morals and the general welfare of the city; to facilitate orderly and harmonious development and to preserve the visual and/or historical character of the city and the intensity of land use.

(Ord. 88-12 Art. I (1.02), 1988)

§ 80.003 AUTHORITY

Zoning authority is granted by KRS Chapter 100. All Kentucky Revised Statutes shall be used to govern this chapter and provide for the enforcement thereof.

(Ord. 88-12 Art. I (1.03), 1988)

§ 80.004 TITLE

This chapter shall be known and may be cited and referred to as the "Morgantown, Kentucky Zoning Ordinance," and the zoning map herein referred to and herein incorporated is entitled "Zoning Map, Morgantown, Kentucky," now existing or later revised.

(Ord. 88-12 Art. I (1.04), 1988)

§ 80.005 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. 88-12 Art. I (1.05), 1988)

§ 80.006 DEFINITIONS

The definitions of terms used herein shall be those contained in KRS Chapters 100, 147, 147A and 219 as amended unless the context of use or the specific definition contained in any article clearly provides otherwise.

(Ord. 88-12 Art. I (1.06), 1988; Ord. 92-11 § B, 1992)

§ 80.007 SEVERABILITY

It is hereby declared that sections, paragraphs, sentences, clauses, and phrases of this chapter are severable and, if any phrase, clause, sentence, paragraph, or section shall be declared unconstitutional or invalid by the valid judgement or decree of any court of competent jurisdiction such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this chapter, since the same would have been enacted by the City Council without the incorporation of any such unconstitutional phrase, clause, sentence, paragraph, or section.

(Ord. 88-12 Art. I (1.06), 1988; Ord. 92-11 § B, 1992; Am. Ord. passed 9-1-15)

§ 80.020 ZONING DISTRICTS ESTABLISHED

For the purposes of this chapter, the incorporated territory of the city is divided into the following categories of zoning districts:

(A) A Agricultural district

(B) R-1 Low-density, single-family dwelling residential district

(D) R-3 Medium-density, single- and multi-family dwelling residential district

(E) R-4 High-density, multi-family residential district

(F) B-1 Central business district

(G) B-2 Commercial district

(H) O-1 Office and professional district

(I) I Industrial district

(J) P Permitted

(K) Postal standards in all zoning districts shall comply with the U.S. Postal Service National Delivery Standards A Guide for Builders Handbook PO-632 (July 2020).

(Ord. 88-12 Art. 2 (2.01), 1988; Am. Ord. passed - -21)

§ 80.021 BOUNDARIES

(A) The boundaries of the zoning districts in § 80.020 are hereby established as shown on the "Zoning Map, Morgantown, Kentucky", which is incorporated herein by reference. The original of this map is on file in the office of the zoning administrator of the city, or in the office of the City Clerk, City Hall. The map with metes and bounds is located in the county PVA office.

(B) The boundary lines of districts are lot lines, the center lines of creeks or of such lines extended, branches or drains, the center lines of streets or alleys or such lines extended and/or corporate limit lines.

(Ord. 88-12 Art. 2 (2.02), 1988; Am. Ord. passed 10-2-23)

§ 80.022 DIVIDED LOTS; EXTENSION OF DISTRICTS

Where a district boundary line established on the zoning map divides a lot of single ownership which was a lot of record at the time of the passage of the ordinance codified in this chapter, then the least restrictive district requirements under which the lot was divided shall be applied to the entire lot.

(Ord. 88-12 Art. 2 (2.03), 1988)

§ 80.023 VACATED STREET OR ALLEY

Whenever any public way is vacated through legal action, a portion of it shall immediately, without further action, assume and be a part of the zoning district(s) through which they formerly passed.

(Ord. 88-12 Art. 2 (2.04), 1988)

§ 80.024 ANNEXED LANDS

In every case where land becomes a part of the city through annexation, such newly annexed land shall automatically be zoned R-3. Such designation shall remain in effect unless or until the planning commission makes a recommendation to the City Council for a zoning change and the council adopts such change.

(Ord. 88-12 Art. 2 (2.05), 1988)

§ 80.040 PROVISIONS APPLICABLE TO ZONING DISTRICTS

Except as hereinafter specified, the provisions of this chapter shall apply within all zoning districts.

(Ord. 88-12 Art. 3 (3.01), 1988)

§ 80.041 ACTIVITIES AFFECTED; CONFORMANCE REQUIRED

(A) No building or land shall hereafter be used, and no building or part thereof shall be erected, moved, or altered unless for use expressly permitted by and in conformity with the regulations herein specified for the district in which it is located.

(B) No excavation, or cut or fill of earth or debris shall hereafter be undertaken unless a permit is issued by the zoning administrator for such excavation, cut or fill.

(C) Exception. The lawful use of any building, facilities or premises existing at the time of the enactment, or subsequent amendment of this title, which is not in conformity may be continued, if the use conformed and commenced during or prior to the 1962 Zoning Ordinance now repealed, but shall not be extended, enlarged or moved to occupy any portion of land or structure, except in conformity with this title. Any buildings or facilities damaged or destroyed by natural disaster or fire may be repaired or rebuilt for continued nonconforming use, but such repair or rebuilding must be accomplished within one (1) year from the date of its damage or destruction, should the use be abandoned within one (1) year the use thereafter shall comply with this title.

(Ord. 88-12 Art. 3 (3.011), 1988)

§ 80.042 ACCESS CONTROL

(A) Residential Districts.

(1) Lots of less than one hundred (100) feet in width shall have no more than one (1) point of access to any one (1) public street. Lots wider than one hundred (100) feet shall be allowed one (1) additional point of access for each additional one hundred (100) feet of width or major fraction thereof.

(2) No point of access shall be allowed within twenty (20) feet of the intersection of the right-of-way of intersecting streets.

(3) A point of access shall not exceed twenty (20) feet in width for one (1)-way and/or one (1) lane ingress or egress. No two (2) -way egress and/or ingress access shall exceed thirty-five (35) feet in width.

(B) Business and Commercial Districts.

(1) In all commercial districts, points of access to highways and streets shall be controlled by the regulations of the planning commission. Before any zoning permit for any structure in a business or commercial zone may be issued, the prospective builder or operator of the proposed activity shall submit a sketch of the layout and design of the proposed structure(s) and/or the access points to the highway or street to the zoning administrator for review as to their conformity with the regulations of the planning commission.

(2) The planning commission may require that when two (2) or more consumer commercial establishments adjoin, or are so located along one (1) side of a street as to make a single point of access practical, the establishments should share such access.

(3) Planned shopping areas of four (4) or more establishments which adjoin, or are located in close proximity to each other on any major street, may be required by the planning commission to be served by a road parallel to the highway or street which has no more than two (2) points of entry or egress. Such roadway shall be constructed at the expense of the owner(s).

(4) In a planned commercial district (see Article IV), ingress and egress shall be so designed as to minimize traffic congestion. No more than one (1) entry-exit way shall be constructed for every one hundred fifty (150) feet of highway frontage or bordering roadway.

(Ord. 88-12 Art. 3 (3.012), 1988; Am. Ord. passed - - )

§ 80.043 ACCESSORY BUILDINGS

(A) Accessory buildings must be at least five (5) feet from other buildings situated on the same lot and five (5) feet from the boundary line of all adjoining lots.

(B) Mini-warehouse/storage unit. A building or group of buildings that has controlled access and that contains varying sizes of individual compartmentalized stalls or lockers with access controlled by tenant for the storage of customer’s goods or wares. An operation involving a security arrangement utilizing a warehouseman is not a mini warehouse.

(C) An accessory building in a residential district shall not be used for or be involved with the conduct of any business, trade or industry on the premises.

(Ord. 88-12 Art. 3 (3.013), 1988; Am. Ord. passed 1- -24)

§ 80.044 DWELLINGS IN REAR OF MAIN BUILDINGS PROHIBITED; EXCEPTIONS

No building in the rear of a principal building shall be used for residential purposes unless it conforms to all yard, open space and off-street parking requirements for a rear dwelling, measured from the required rear yard line of the principal building. A certificate of occupancy must be obtained before a rear dwelling can be used for residential purposes.

(Ord. 88-12 Art. 3 (3.014), 1988)

§ 80.045 HEIGHT LIMITATIONS; EXCEPTIONS

The height limitations of this chapter shall not apply to church spires, belfries, cupolas, domes not intended for human occupancy, monuments, water towers, observation and transmission towers, windmills, chimneys, smokestacks, derricks, conveyors, flag poles, masts and aerials.

(Ord. 88-12 Art. 3 (3.015), 1988)

§ 80.046 LOTS OF RECORD

The owner of a lot of official record, which at the time of the adoption of the ordinance codified in this chapter did not include sufficient area of land to conform to the yard or other dimensional requirements of this chapter, may make an application to the board of adjustment for a variance from the terms of this chapter. Such lot may be used as a building site to conform with the district in which it is located, provided, however, that the yard and other requirements of the district are complied with as closely as it is possible to achieve in the opinion of the board.

(Ord. 88-12 Art. 3 (3.016), 1988)

§ 80.047 OFF-STREET PARKING

(A) Off-street automobile storage or standing space shall be provided on any lot on which any of the following uses are hereafter established. Such space shall be provided with vehicular access to a street or alley. (For purposes of computing the number of parking spaces available in a given area, the ratio of four hundred (400) square feet per parking space shall be used). The following are the minimum requirements for specific use:

(1) Dwelling. One (1) space for each family dwelling unit.

(2) Apartment Buildings. One and one-half (1-1/2) spaces for each housing unit.

(3) Rooming Houses. One (1) space for each two (2) rooms occupied, or intended for occupancy by roomers, in addition to the requirements of subsection (1) above.

(4) Tourist Accommodations. One (1) space for each room offered for tourist accommodation, plus one (1) space for each employee on duty at any time.

(5) Restaurants and Boarding Houses. One (1) space for each five (5) service seats at full capacity, plus one (1) space for each three (3) employees (except in B-1 district).

(6) Theater, Auditorium, Church or Other Place of Public Assembly (except in B-1 district). One (1) space of each five (5) seats available at maximum capacity.

(7) Commercial or Business Buildings in B-2 Districts. Four (4) spaces for the first one thousand (1,000) square feet of floor space and one (1) additional space for each two hundred fifty (250) square feet of space above that.

(8) Office and Professional Buildings Outside the Central Business District. One (1) space for each employee whose basic duties are carried out inside the building and two (2) spaces for each one hundred (100) square feet of waiting room or customer service area.

(9) Industrial Plant. One (1) parking space for each four (4) employees at maximum employment on a single shift plus one (1) space for each car or truck operated by the plant. The planning commission may require additional parking spaces as it deems necessary.

(10) Trailer or Mobile Home Parks. One (1) space for each mobile home lot or unit, plus one-fourth (1/4) space for each mobile home lot. The additional parking may be in a central location.

(B) Combined uses (such as tourist accommodation and restaurant) shall meet minimum requirements for both or all uses.

(Ord. 88-12 Art. 3 (3.017), 1988)

§ 80.048 UNLOADING SPACE

Every new building or structure intended for business or trade shall provide not less than one (1) loading and unloading space which will accommodate large trucks, tractors and semi-trailers for the delivery and receipt of merchandise off the street. Such spaces shall have access to a public alley or if there is no alley, to a public street (except in the B-1 district).

(Ord. 88-12 Art. 3 (3.018), 1988)

§ 80.049 SETBACK LINES; EXCEPTIONS

(A) Front yard setback lines shall be measured from the street-facing property line to the outermost protrusion of the building or structure.

(B) Front yard setback lines may be varied where the average depth of principal buildings on adjoining properties is less or greater than the depth prescribed elsewhere in this chapter. In such case, the front yard in question shall not be less than the average depth of existing front yards on the two (2) lots immediately adjoining.

(Ord. 88-12 Art. 3 (3.019), 1988)

§ 80.050 STREET FRONTAGE REQUIRED

Except as permitted by other provisions of this chapter, no lot shall contain any building which is used in whole or in part for residential purposes unless such lot abuts for at least fifty (50) feet on a street or public way.

(Ord. 88-12 Art. 3 (3.020), 1988)

§ 80.051 SUBDIVISION COORDINATION REQUIRED

In all cases where the ownership of land is divided for the purpose of eventual development of building lots, the provisions of the subdivision regulations shall be applicable in addition to the provisions of this chapter.

(Ord. 88-12 Art. 3 (3.021), 1988)

§ 80.052 TRAFFIC VISIBILITY ACROSS CORNER LOTS

(A) On a corner lot, within the area formed by the center line of the intersecting streets and a line joining points on such center lines at a distance of ninety (90) feet, there shall be no obstruction to vision between a height of three and one-half (3-1/2) feet and a height of ten (10) feet above the average elevation of the existing surfaces of each street, at the center line thereof.

(B) The provisions of this section do not apply to the central business district, nor shall the requirements of this section be deemed as prohibiting any necessary retaining wall.

(C) The board of adjustments may either increase or reduce the requirements of this section in the interest of safety, where unusual or special conditions warrant consideration.

(Ord. 88-12 Art. 3 (3.022), 1988)

§ 80.053 WATER SUPPLY AND SEWAGE DISPOSAL APPROVAL

It shall be unlawful to construct any building without water supply and sewage disposal facilities which have been approved by the county health officer. Wherever water and sewer mains are accessible, buildings shall be connected to such mains. In every case individual water supply and sewage disposal must meet the requirements set by the city and/or the county health officer. The city or the county health officer's certificate approving proposed and/or completed water and sewage facilities must accompany applications for building permits and certificates of occupancy.

(Ord. 88-12 Art. 3 (3-023), 1988)

§ 80.054 BED AND BREAKFAST ESTABLISHMENTS

Bed and breakfast facilities may be approved by the board of adjustments in R-2, R-3 and R-4 districts as a conditionally permitted use provided that the following requirements are met:

(A) Adequate off-street parking shall be required of each applicant with at least one (1) paved parking space for every authorized guest room. All plans for the construction of new parking must accompany the original application. If nonresident employees are anticipated, additional parking may be required.

(B) No meals shall be served to guests other than breakfast, and it shall only be served to registered guests. Guests shall not be permitted to prepare food within the facility.

(C) No other commercial activities of any kind shall be conducted on the premises, except the sale of local arts and crafts to guests only.

(D) One (1) sign that is attached to the front wall of the building shall be allowed provided that it does not exceed four (4) square feet in size and is lighted only by indirect lighting. The sign may identify the name of the structure and other historical information and may contain the words "bed and breakfast", but it shall not have any advertising and shall be for identification purposes only.

(E) The number of guest rooms in a facility shall be limited by the board of adjustment by the size of the structure and density of the neighborhood and in no event shall it exceed five (5) rooms, and the number of guests in a facility at any one time shall not exceed fifteen (15) persons.

(F) The maximum length of stay of any guest at any one time shall be twenty-one (21) days.

(G) Exterior modifications shall be allowed only if the facility would retain the look of a home and would not resemble a commercial establishment.

(H) The establishment shall pass periodic inspections by agencies that oversee such an establishment, and it shall be licensed by all proper agencies. These certifications shall be posted in a conspicuous location along with telephone numbers of emergency services which shall be posted near each telephone.

(I) A resident manager shall live in the facility during all periods of operation.

(J) Before an application can be approved written notification by certified mail shall be given to all property owners within one hundred fifty (150) feet from any boundary line of the proposed facility of a public hearing.

(K) The approval of an application and issuance of a permit shall be a nontransferable, personal right that shall not pass with the property to subsequent owners. The failure of the applicant to actively participate in the management of the facility or if the facility is operated so that it unduly interferes with the residential nature of the area, shall be grounds for revocation of the permit.

(Ord. 91-02 § 1, 1991)

§ 80.055 NATIONAL FLOOD INSURANCE PROGRAM

(A) The city is a participating member of the National Flood Insurance Program (“NFIP”). The city has adopted the Flood Damage Prevention Ordinance for the city, effective November 2, 2005 (Ord. 2005-09) and has adopted the Kentucky Flood Plain Management Hand book.

(B) Reference is hereby made to Ordinance 2005-09 (codified as Chapter 73 of this Code of Ordinances) and the Kentucky Flood Plain Management Hand Book for specific planning and zoning requirements of flood plains. Reference is also made to the periodic Federal Emergency Management Agency (“FEMA”) flood plain map for determination of the applicability of Ordinance 2005-09 and the Kentucky Flood Plain Management Hand Book.

(C) In support of the NFIP, FEMA identifies flood hazard areas throughout the U.S. and it’s territories by producing Flood Hazard Boundary Maps (FHBMs). Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs). Serveral areas of flood hazards are commonly identified on these maps. One of these areas is the Special Flood Hazard Area (SFHA) or heigh risk area defined as any land that would be inundated by a flood having a 1% chance of occurring in any given year (also referred to as the base flood).

(D) The high-risk area standard constitutes a reasonable compromise between the need for building restrictions to minimize potential loss of life and property and the economic benefits to be derived from flood plain development. Development may take lace within the SFHA, provided that development complies with local flood plain management ordinances, which must meet the minimum Federal requirements. Flood insurance is required for insurable structures within high-risk areas to protect Federal Financial investments and assistance used for acquisition and/or construction purposes within communities participating in the NFIP.

(E) The city is not authorized to grant any variance below SFHA as established by FEMA or contained in Ordinance 2005-09 and the Kentucky Flood Plain Management Hand Book. All elevations and restrictions reflect those criteria put forth by the FEMA Flood Plain mapping program and by ordinance of this city.

(F) The city cannot, by federal regulation, grant any variance below the 1% annual flood zone. This can only be done by FEMA by special permit and by securing a Kentucky State Flood Plain Development Permit. The minimum elevation (lowest floor level including a basement) must be at or above the 421 feet elevation and the foundation must be flood protected with special automatic flood vents with a minimum of two vents. Applicants for building permits are instructed to consult applicable regulations of the NHIP, FEMA and the State of Kentucky.

(G) In addition to the above permits, a standard building permit is required, along with payment of any fees implemented by the City Flood Plain Administrator and the City Building Inspector.

(Ord. 10-05, passed 7-8-10)

§ 80.200 MOBILE HOMES AND MOBILE HOME PARKS

(A) Definitions. The definition of terms used in the chapter shall be those set forth in KRS 219.320 as amended, KRS 360.150(C) and the Kentucky Building Code.

(B) Restrictions. Except as provided in section (C) below, mobile homes and trailers are restricted to mobile home parks.

(C) When considered standard housing. Mobile homes shall be considered standard housing when the following definition and conditions are met and with the issuance of a mobile home permit. Mobile homes meeting the following definitions and conditions may be placed in any zone where housing is permitted and where mobile homes are not otherwise prohibited.

(1) A mobile home to be considered standard housing must meet this definition: A structure of at least three hundred twenty (320) square feet of living area manufactured off-site, transportable on its own chassis and designed for year round living when its wheels are removed, the structure properly anchored to the ground and when connected to required utilities. As used herein, mobile home shall not include camping trailer, travel trailer, recreational vehicle, motor home, pickup camper or auto camper, and shall not be construed to include prefabricated or modular homes, capable of delivery to site by mobile means including a temporary chassis.

(2) A building permit is to be obtained. The building inspector shall not issue a building permit for a mobile home as standard housing located outside a mobile home park unless a measured plot plan is submitted which shows the lot boundaries, the placement of the mobile home and which shows that the required building set-back, side and rear yards are provided as required by the zone in which the mobile home is to be placed.

(3) A mobile home permit is to be obtained. No electric, water, sewer or natural gas service shall be provided by any utility to any mobile home placed outside a mobile home park unless a mobile home permit has been issued. A mobile home permit shall be issued by the building inspector only after a building permit has been issued and a personal inspection shows that the following additional conditions have been met:

(a) The mobile home has been located on a lot of record in a manner consistent with the plot plan and that the required front set-back and side and rear yards are provided consistent with the zone requirements.

(b) All wheels are removed.

(c) The home is anchored with at least six (6) ground anchors of at least six (6) inches in diameter fastened to the straps built into the home of approved straps going over the top of the home.

(d) The support for the home may consist of a solid continuous foundation of concrete, but, at a minimum, shall consist of concrete footers approximately twenty-four (24) inches square, twelve (12) inches thick and placed on an eight (8) foot grid. Said footers are to be placed below twelve (12) inches of and from the top of the ground.

(e) The home shall be underpinned with a permanent matching material.

(4) No mobile home located outside a mobile home park may be occupied unless and until all utilities and other connections are permanently made and adhere to the code applicable to the zone.

(D) Permitted where. Mobile home parks are permitted in R-4 zones subject to the provisions of this chapter. By definition, the permanent placement of recreational vehicles is prohibited. Vehicles used for the purpose of travel which do not exceed the length of twenty-four (24) feet may be stored in the rear yard of any residential lot, provided that yard lot requirements of this chapter are maintained.

(E) Area and density requirements. No mobile home shall be permitted on an area less than one (1) acre in size. The developer may be permitted to develop the park in stages so long as he complies with the overall plan approved for the entire tract, and initially has a minimum of five (5) mobile home lots developed for use. The number of mobile home lots permitted in a park shall not exceed twelve (12) per net acre. A net acre is defined as being the land remaining to be subdivided into lots after the street and other required improvements are installed.

(F) Lot size. Individual lots within a mobile home park shall not be less than three thousand (3,000) square feet in area, and in no instance shall more than one (1) mobile home be permitted on a single mobile home lot. The minimum width of a mobile home lot shall be forty (40) feet.

(G) Setback. No mobile home shall be located closer than fifteen (15) feet to any building within the park, or to any property or road line. The setback requirement for R-4 districts must be met.

(H) Spacing. No mobile home shall be located within twenty-five (25) feet of another mobile home, except that minimum end to end clearance of not less than ten (10) feet may be permitted. In instances where the sides opposite the entrance of two (2) mobile homes face each other, the space between the two (2) may be reduced to not less than twenty (20) feet.

(I) Streets. All mobile homes shall abut on a street. All streets within a mobile home park shall have a right of way of not less than twenty-five (25) feet, and a pavement of not less than twenty (20) feet in width. All the streets within a mobile home park must be hard surfaced and must meet the requirements of the subdivision regulations of the city.

(J) Maintenance of streets. The streets and roadways of a mobile home park shall be maintained by the owner of the park. Should the lots within the park be sold to individual owners, the city will take over the maintenance of the streets as city streets upon the following conditions:

(1) Upon the first sale of a lot within the park to an individual purchaser, the owner(s) of the park must post a security bond assuring the city that the streets and roads within the park meet the standards of the subdivision regulations. Upon the sale of sixty percent (60%) of the lots within the park to individual owners, the city will assume a proportional cost of the maintenance if the standards have been met. If all of the lots are sold to individual owners and the streets and/or roadways meet acceptable standards, the streets within the park shall become city streets.

(2) The cost of engineering studies and tests to determine the acceptability of streets and roads of a mobile home park shall be borne by the developer or the owner(s) of the lots within the park.

(K) Access to public streets and roadways. Each park shall have one (1) street which gives access to a public street, highway, or roadway. Such access streets shall not be less than one hundred twenty-five (125) feet from the intersection of two (2) or more public streets.

(L) Lighting. All streets within a mobile home park must be well lighted, and such lighting shall meet the standards of street lighting in the city.

(M) Drainage. Adequate drainage must be provided to assure that there will be no more property damage or heath hazard due to standing water or flooding conditions.

(N) Parking. Parking spaces must be provided as detailed in § 80.047(10).

(O) Utilities. All lots within a mobile home park must be provided with water, sewer, electrical, and/or gas facilities meeting the standards specified by city and state regulations. Each mobile home shall be properly connected with such utilities.

(P) Fire protection.

(1) Water mains serving mobile home parks shall not be less than six (6) inches in diameter, including hydrant branch connections installed in conformity with the minimum requirements of the servicing utility.

(2) Fire hydrants shall meet minimum specifications and shall be installed no farther apart than five hundred (500) feet. In no instance shall the distance of any mobile home from a fire hydrant exceed three hundred (300) feet.

(Q) Accessory structures. No accessory structure, including patios and pads shall be located within five (5) feet of any mobile home or trailer lot line. The maximum floor area of accessory structures shall not exceed one hundred (100) square feet, and the maximum height shall be no greater than ten (10) feet. All structures shall be built in compliance with building code.

(R) Procedure for permitting. Applicants for a permit to operate a mobile home park shall submit a copy of the application submitted to the Kentucky Cabinet for Human Resources as required by KRS 219.350 as amended, and in addition shall furnish the following information:

(1) Dimensions and locations of all proposed lot lines, roads, and easements, numbering for each mobile home lot;

(2) Contour lines to indicate a slope and drainage;

(3) Location of all utilities, public and private water, sewer, drainage, electrical, and gas facilities and easements;

(4) The location of public areas such as visitor parking, recreational areas, etc.;

(5) A large scale plan of one (1) typical mobile home lot showing location, automobile parking, etc.;

(6) The location of plantings for landscape purposes, or as may be required for protective screening by the board of adjustment.

(S) Issuance of building permits. The planning commission may attach reasonable conditions to its approval of a mobile home or trailer park and may direct the zoning administrator to issue a permit subject to such conditions.

(T) Issuance of certificate of occupancy. The zoning administrator shall issue a certificate of occupancy only after he has determined that the mobile home park has been developed according to all applicable regulations and special conditions, and that the applicant has received a valid permit to operate from the State Department of Health as required by KRS 219.130.

(U) Enforcement. The zoning administrator shall ensure that all mobile home and trailer parks maintain valid permits to operate, and that they maintain conformance with all the applicable regulations and special conditions. Use can be terminated by the planning and zoning commission after notice of hearing to owner/operator and hearing.

(V) Exception. The planning commission may reject any proposed mobile homes or trailer park application even though it meets all requirements if the commission determines that existing conforming mobile home and trailer parks are not fully occupied and/or utilized, and therefore that the development of more land for such use is not in accord with the public welfare of the community.

(Ord. 88-12 Art. 5 (5.01-5.03, 5.021, 5.031-5.048), 1988; Am Ord. 95-02, passed 8-10-95)

§ 80.201 SIGNS

(A) Purpose. The purposes of this chapter are:

(1) To assure maximum visibility along streets and to prevent unreasonable distraction for motor vehicle operators;

(2) To preserve and enhance natural scenic beauty and historical sites by the avoidance of unsightly cluttering of advertising signs and devices;

(3) To promote pedestrian safety;

(4) To facilitate police and fire protection;

(5) To provide for orderly and visible informative advertising opportunities for all business and attractions which benefit from appropriate signs and advertising devices.

(B) Scope. The provisions of this chapter shall apply to the construction, erection, use, location and maintenance of signs in all districts. The provisions of this chapter shall apply to signs existing on the effective date of the ordinance codified in this chapter. Signs in legal existence on the effective date of the ordinance codified in this chapter, but not in conformity with it, may remain in place; but the nonconforming use shall not be extended, enlarged or moved to occupy a portion of land or a structure except in conformity with this chapter. Only routine maintenance may be performed on the sign and its structure until such time as the sign is brought into conformance with these regulations. Unless otherwise permitted by this chapter, no new sign may be erected, constructed or displayed within the planning area after the effective date of the ordinance codified in this chapter unless all the provisions of this chapter are met.

(C) Signs and billboards placed along the federal and state highways, including U.S. 231, 79 and 70, must conform to the regulations of the Kentucky Department of Transportation in accordance with KRS 177.

(D) Signs permitted in zoning districts.

(1) Residential Districts.

(a) Unlighted real estate signs advertising the sale, rental, or lease of only the premises on which they are maintained. Such signs must not exceed ten (10) square feet in area and are to be used only temporarily. Real estate signs must be displayed at least five (5) feet from all lot boundaries.

(b) Signs advertising home occupations may not exceed one (1) square foot in area and must be affixed to the front of the building in which the activity is carried on.

(c) Churches, schools and other public and semi-public institutions may erect bulletin boards not exceeding twenty (20) square feet in area.

(d) Subdivisions may be identified by one (1) non-illuminated sign at each entrance. These signs shall not exceed thirty (30) square feet in area.

(2) Business and Commercial Districts.

(a) In the central business district advertising signs are permitted, but care must be taken to preserve the historical nature of the district. The use of lighting is permitted, but signs and advertising devices shall be placed on buildings in a flat manner and shall not extend more than twelve (12) inches from the building.

(b) Individual establishments in a commercial district which are not within a shopping center or a planned commercial district may choose to display either a free- standing sign or to hang a sign perpendicular to the front of the establishment. Such signs must not exceed one hundred (100) square feet in area, and the outermost edge of the sign must be at least ten (10) feet from the property line. These signs must be lit so long as they are not illuminated in such a way as to constitute a hazard inhibiting the vision of vehicle operators.

(3) Shopping Centers.

(a) For the purpose of this chapter, a "shopping center" is defined as two (2) or more commercial establishments which share a common place name such as "shopping center," "market place" or similar identification.

(b) A shopping center may have one (1) free-standing sign not exceeding one hundred (100) square feet in area exclusive of a directory of occupants. Signs on stores or service establishments within the center shall be placed on buildings in a flat manner, extending no more than twelve (12) inches outward from the building.

(4) Planned Commercial Developments. Each planned commercial development shall be permitted two (2) freestanding signs not over twenty-five (25) feet in height, or more than one hundred fifty (150) square feet in area, exclusive of any directory of firms. Other signs in the development shall be attached to the buildings in a flat manner and shall not extend from the building more than twelve (12) inches.

(5) Office and Professional District. Office or professional buildings may be designated by one (1) free-standing sign not exceeding one hundred fifty (150) square feet in area bearing the name of the building or complex, and listing the names of the tenants. Individual signs of tenants shall be affixed to the front or sides of the structure, or upon doors or windows.

(6) Industrial Districts.

(a) Industrial parks designated for multiple occupancy shall be permitted one (1) free-standing sign or billboard not to exceed one hundred fifty (150) square feet in area for each roadway or street which borders the park. No sign may be located closer to the street right-of-way than twenty (20) feet.

(b) Individual industry locations shall be permitted one (1) sign not exceeding one hundred fifty (150) square feet in area for each roadway or street which borders its property. Such sign(s) shall not be located closer than twenty (20) feet from the property border line(s). Other signs shall be affixed flat against buildings.

(c) Each industry, whether in a park, or occupying a separate lot, shall be permitted one (1) free-standing sign of not more than twenty (20) square feet for directional purposes to assure the convenience of vendors and visitors.

(E) Temporary signs. The following signs shall be permitted in all districts and shall not require a permit unless otherwise noted:

(1) Construction signs which identify the architects, engineers, contractors and other individuals or firms which are involved in a permitted project. Product logos may be displayed, but no additional advertising shall be allowed. Such signs shall be restricted to an area of sixteen (16) square feet for each firm. The signs must be restricted to the construction site, and shall be removed within fourteen (14) days after the completion of the advertised project.

(2) Real estate signs advertising the sale, rental or lease of premises shall be restricted to a total of thirty-five (35) square feet for properties other than residential. For residential properties the limit shall be ten (10) square feet. These signs shall not be illuminated, and must be removed within fourteen (14) days after the sale, lease or rental by the seller, lessor or his agent.

(3) Signs advertising an auction shall be limited to thirty-two (32) square feet in size, and shall be removed within seven (7) days after the auction occurs.

(4) Political campaign signs announcing the candidacy of individuals or those which seek support for or against a proposition to be voted on may be placed upon private property with the consent of the owner(s). Such political signs must not exceed twenty (20) square feet in area, and must be removed within seven (7) days after the vote is taken. Signs shall never be placed on telephone or electric poles.

(5) Street banners advertising a public entertainment or event require the approval of the zoning administrator. Such approval may be given for a period of thirty (30) days prior to the event. The banners must be taken down within seven (7) days after the event takes place.

(F) Portable signs.

(1) In locations other than planned commercial developments, or shopping centers, mobile, portable signs shall be permitted for periods of thirty (30) days for the purpose of advertising special events or sale specials which may be offered by an enterprise. Such signs must be placed so as not to obstruct the motorist's view of the right-of-way, and must be setback at least to the midpoint of the required setback line and the traveled portion of the roadway. In no instance shall such signs be closer than ten (10) feet to the roadway.

(2) A permit for the placement of portable signs must be obtained from the zoning administrator. Permits will be valid for a period of thirty (30) days from the date of issue, and are not renewable. A period of thirty (30) days must elapse before a portable sign may be displayed on the same lot.

(3) The fee for the issuance of a portable sign permit shall be five dollars ($5.00) for each thirty (30)-day period.

(G) Permanent signs, billboards. The purpose of this article is to promote and protect the public health, welfare, and safety by regulating existing and proposed billboard signs installation and usage. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community, and preserve the scenic and natural beauty of designated areas. It is further intended to reduce billboard distraction and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, provide more open space, and curb the deterioration of the natural environment and enhance community development.

(1) Permanent signs, such as billboards, are classified as structures within the meaning of this chapter and require that a permit be obtained prior to erection or construction. (As previously noted, billboards along federal aid highways are subject to state and federal regulations. However, the regulations of this title may be more stringent than those of the Kentucky Department of Transportation).

(2) No billboards shall be permitted in any residential district.

(3) Unless otherwise prescribed in other sections of this chapter, the following maximum dimensions apply to billboards:

(a) Maximum area: four hundred (400) feet square

(b) Maximum height: forty (40) feet

Measured from the average grade level at the base of the sign; however, if the average level at the base of the sign is lower than the average grade level of the adjacent highway, then the maximum height shall be thirty (30) feet, measured from the average grade level of the highway.

(H) Permits for sign and billboard construction or erection.

(1) Applications for the construction or erection of new permanent signs, or for modifications of existing billboards and signs, shall be made to the zoning administrator on forms to be provided by said Zoning Administrator.

(2) A fee of twenty-five dollars ($25.00) shall accompany the application to defray the cost of issuing a permit and for the inspection of a sign after its installation. A fee of fifty dollars ($50.00) shall accompany the application to defray the cost of issuing a permit and for the inspection of a billboard after its installation.

(I) Billboards. For the purpose of this section, billboards shall be defined as a freestanding sign advertising a business, commodity, service, activity, or entertainment not taking place on the premises upon which the billboard is located. Billboards, where permitted, shall be set back from the established rights-of-way of any state or federal road or highway at least one hundred (100) feet, provided that any billboard adjacent to the William Natcher Parkway shall be set back six hundred sixty (660) feet from the established right-of-way. Signs and billboards located at the intersection of two (2) or more roads or highways shall meet the setback requirements of both roads and highways. Billboards shall be permitted only along state and federal highways in business, light and heavy industrial districts, and agricultural zoning districts. They shall be located no closer than five hundred (500) feet from any residential district or subdivision and shall not exceed a height that will impede the direct line of sight of a pre-existing residential dwelling or place of business. Billboards shall be located no closer than two hundred (200) feet apart measured from the center of each billboard on the same side of the road or highway and no closer than fifty (50) feet to the side or rear property line. Billboards shall be installed using one of three (3) approved construction specifications.

(1) Steel A-frame construction:

(a) This class of billboards is constructed with angle iron or steel supports with metal framing, and a single display panel. Supports may be imbedded in the ground.

(b) There may be a foundation of concrete or gravel. Lighting, if present, is either fluorescent or mercury vapor.

(2) Base specifications:

(a) Structure: steel pole, angle iron, I-beam or equivalent as primary support.

(b) Foundation: concrete, gravel or equivalent.

(d) Panels: included in base.

(e) Apron: included in base.

(f) Lighting: included in base.

(g) Additional panels: none.

(3) Multi-mast structure: This class of billboards is constructed with steel pole, I-beam or equivalent as primary support, and a single display panel. Lighting is fluorescent or mercury vapor.

(4) Base specifications:

(a) Structure: steel pole, angle iron, I-beam or equivalent as primary support.

(b) Foundation: concrete gravel or equivalent.

(d) Panels: included in base.

(e) Apron: included in base.

(f) Lighting: included in base.

(g) Additional panels: none.

(5) Monopole: This class of billboards is constructed with tubular steel support (of various circumferences), tubular steel framing, metal catwalk and a single display panel. The foundation is concrete. Lighting is fluorescent or mercury vapor.

(a) Structure: tubular steel supports.

(b) Foundation: poured concrete.

(d) Panels: included in base.

(e) Apron: included in base.

(f) Lighting: included in base.

(g) Additional panels: none.

(J) Government signage. Any official informational signs, directional signs, or historical marker erected by a government agency is permitted in all zones and does not require a location or building permit.

(K) Lack of conflict. In no way shall the provisions of this article be taken to be in conflict with state or federal regulations regarding obstructions or placement of structures in the state or federal right-of-ways. In all cases, the most restrictive provision will apply.

(L) Ingress and egress free. No outdoor advertising display sign shall be erected, constructed, or maintained so as to obstruct any fire escape or any window or door or opening used as a means of egress or so as to prevent free passage from one part of a roof to any part thereof. No sign shall be attached in any form, shape, or manner to a fire escape and shall not be placed in such a manner as to interfere with any opening required for legal ventilation.

(M) Flashing signs. Flashing signs shall not be permitted in any zone, whether permanent or temporary on or off premise. Flashing signs shall be defined as a sign, the illumination of which is not kept constant in intensity at all times when in use. Illuminated signs which indicate time, temperature, weather or similar public service information, shall not be considered flashing signs. Revolving signs of constant illumination shall not be considered flashing signs.

(N) Temporary and political signs.

(1) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

“TEMPORARY SIGN.” A sign intended for a use not permanent in nature. For the purposes of which is intended for use of one (1) year or less, unless otherwise allowed or waived in this section, shall be deemed a temporary sign.

“POLITICAL SIGN.” A temporary sign on private property with gained permission that consists of a poster, placard, board, banner or other similar medium that contains a message related to a matter of public interest including but not limited to a candidate for office or a ballot issue, but containing no commercial message.

“RESPONSIBILITY FOR CANDIDATE ADVERTISEMENT.” Pursuant to KRS 121.190, identification of contributors and advertisers.

1. All newspaper or magazine advertising, posters, circulars, billboards, handbills, sample ballots, and paid-for television or radio announcements which expressly advocate the election or defeat of a clearly identified candidate, slate of candidates, or group of candidates for nomination or election to any public office shall be identified by the words "paid for by" followed by the name and address of the individual or committee which paid for the communication: except that if paid for by a candidate, slate of candidates, or campaign committee, it shall be identified only by the words "paid for by" followed by the name of the candidate, slate of candidates, or campaign committee, whichever is applicable. For television and radio broadcasts, compliance with Federal Communications Commission, regulations regarding sponsored programs and broadcasts by candidates for public office shall be considered compliance with this section.

2. The management of newspapers and magazines shall keep a one (1) year record of all statements, articles, or advertisements referred to in subsection 1. of this section, that appear in their publications, however, nothing in subsection 1. of this section shall be construed to require editors or editorial writers of newspapers and magazines to identify themselves in the manner therein required with any article or editorial written by them as part of their duties as an employee or employer.

(2) Temporary and or political signs should be set back to minimum of twenty five (25) feet from the center line on, the adjacent road or ten (10) feet from the right-of-way of the road as determined by the property owner's line intersecting with a defined right-of-way whichever is the greater distance. Where there is a substantial permanent barrier, either natural or constructed. between a sign and the roadway the Zoning Administrator may permit closer placement if public safety is not affected. All movable signs shall be classified as temporary signs. However such signs must be in compliance with all other regulations outlined in this section. All temporary signs must be in compliance with regulations for signs and billboards in regard to placement including visibility at intersections as outlined, For purposes of this section, a "MOVABLE SIGN" is any sign capable of being moved with the use of a mechanical device.

(3) Political campaign signage.

(a) Temporary political signs, should meet the following criteria:

1. Encourages a particular vote in a scheduled election.

2. Signs should be placed no sooner than one hundred twenty (120) days prior to the scheduled election and should be removed within ten (10) days after that election.

3. Is no larger than sixty four (64) square feet.

4. Have a Statement of Responsibility filed with the City of Morgantown certifying a person who will be responsible for removal of the sign. These forms are available at the County Clerk's Office or Morgantown City Hall.

(b) Political signs should be posted no earlier than one hundred-twenty,(120) days prior to an election. Political signs shall be removed no later than ten (10) days after a primary election. However, winners in a primary election, persons not opposed in a primary election, or other candidates who qualify for a general election, shall not be required to remove their signs until ten (10) days after the general election. The Commission shall require a signed notification, of intent to erect signs by the candidate or their authorized representative in lieu of a fee per sign. It will be the candidate or his authorized representative's responsibility to see that election signs are removed within the number of days that are specified for its removal. Candidates who fail to make the required notification may be charged a fee at the same rate charged for non-political signs. Such signs may be located on private property only with the owner's permission or consent. It shall be presumed the property owner has given permission or consents to the sign's placement unless the property owner notifies the city otherwise.

(O) Temporary Signage (yard sale and special event signage). All signs must be placed in conformity with this section except those that are advertising a yard sale, or special events, material should consist of card board or vinyl signs with areas not exceeding sixteen (16) square feet, mounted on furring strips or similar wooden material, may be placed without regard to this section, except that no sign shall be placed where it may be a hazard or have the potential to create a hazard. Signs not in conformity with this chapter or ones for which there has been no deposit or fee, will be covered over or removed if such signs are on public streets or right-of-ways. Sections of this section may also apply. Yard sale signs may be posted no earlier than fourteen (14) days prior to a sale. They must be removed no later than ten (10) days following the final day of the sale. Any temporary sign perceived by the Administrator as presenting a hazard to traffic or the general public shall be removed immediately by the owner upon written notice from the Zoning Administrator. Under no circumstances shall political or yard sale signs be posted on utility poles. All persistent or willful violations of these regulations may be penalized and fined fifty dollars ($50.00) in accordance with this Zoning Ordinance. Provisions regarding the regulation of other temporary signs apply as required in other sections of this article.

(P) Temporary sign exception (waiver request form). A waiver can be requested in writing by the vested group or organization from the Zoning Administrator or at City Hall. For the placement of temporary signs advertising public services and non-profit events and may be granted at the city’s discretion.

(Q) Amortization of nonconforming signs. All nonconforming signs must either be altered to conform with this chapter or be removed within a period of seven (7) years from the date of the approval of the ordinance codified in this chapter by the City Council.

(R) Sign maintenance.

(1) It shall be the duty of the Zoning Administrator to inspect all signs or billboards upon which a complaint has been made, or when the Zoning Administrator has a personal knowledge that a sign is not in compliance with zoning regulations.

(2) Should any sign become insecure or in danger of falling or otherwise unsafe in the opinion of the Zoning Administrator, the owner thereof or the person or firm maintaining the same, shall upon written notice from the Zoning Administrator, in the case of immediate danger forthwith and in any case within ten (10) days secure the same manner to be approved by the Zoning Administrator or remove such sign. If such order is not compliant within ten (10) days, the Zoning Administrator may remove such sign at the expense of the owner or lessee thereof.

(3) All signs for which a permit is required, together with all their supports, braces, guys, and anchors, should be kept in repair unless constructed of galvanized or non-corroding material and shall be thoroughly painted at least once every two (2) years. The Zoning Administrator may order the removal of any sign that is not maintained in accordance with the provisions of this section. Such removal shall be at the expense of the owner or lessee.

(4) Any sign now or hereafter existing which no longer advertises a reputable business shall be taken down and removed by the owner, his agent, or person having the beneficial use of the building, structure, or lot. Upon failure to comply with such notice within the time specified in such order, the Zoning Administrator is hereby authorized to cause the removal of such sign, and any expense incidental thereto shall be paid by the owner, of the building, structure, or lot to which the sign is attached. The Board of Adjustment may waive this requirement only for historic preservation purposes and when the owner can prove the need for the waiver to qualify for funding or tax credits.

(S) Violations. In any case where a sign shall be installed, erected, constructed or maintained and found to be in violation of any of the terms of this section, the Enforcement or Zoning Administrator shall notify by registered mail or written notice served personally to the owner or lessee thereof to alter such sign as to comply with this Zoning Ordinance and to secure the necessary permit therefor, or to remove the sign. If such order is not complied with within ten (10) days, the Zoning Administrator shall remove such sign at the expense of the owner or lessee thereof. Additionally, failure to comply with any of the provisions of this article shall result in a fifty dollar ($50.00) fine per violation, and shall be punishable under this section.

(Ord. 88-12 Art. 3 (3.024, 3.0241-3.0246), 1988; Am. Ord. 2013-08, passed 6-19-13; Am. Ord. 2014-02, passed 4-10-14; Am. Ord. passed 4- -23)

§ 80.202 OUTDOOR SWIMMING POOLS

(A) All private swimming pools shall be regulated according to the following requirements:

(1) Swimming pools shall be permitted to be located only to the rear of the principal permitted dwelling or dwellings.

(2) Except as herein provided, no swimming pool, including the apparatus and equipment pertaining to the operation of the swimming pool shall be permitted within any required yards of the lot nor within the limits of any public utility right-of-way easement.

(3) Swimming pools which are constructed in-ground shall be required to have a fence or wall, including a self-closing and self-latching door or gate, with the latches placed at least four (4) feet above the ground, around the pool or the property on which the pool is located, of at least four (4) feet, but not exceeding six (6) feet (only classes 1, 3, 4, or 5 are permitted, as regulated in § 80.203 of this chapter); such fences or walls shall be constructed in such a manner that any openings shall not allow the passage of a four (4) inch diameter sphere.

(4) (a) Swimming pools which are located above-ground shall be required to have a fence or wall, including a self-closing and self-latching door or gate, with the latches placed at least four (4) feet above the ground, around the pool or property upon which the pool is located, of at least four (4) feet in height, but not exceeding six (6) feet (only classes 1, 3, 4, and 5 are permitted, as regulated by § 80.203 of this chapter). Such a fence or wall shall be constructed in such a manner that any openings shall not allow the passage of a four (4) inch diameter sphere. Said wall may be the wall of the above-ground pool, providing that said wall is at least four (4) feet in height above the surrounding ground level.

(b) In addition, any access to above ground pools by means of a ladder or stairway shall be provided with a self-closing and self-latching door or gate, with the latches placed at least four (4) feet above the ground, or some other device that would prevent a small child from gaining access to the pool by means of a ladder or stairway.

(5) Glare from flood lights used to illuminate the swimming pool area for night bathing shall be directed away from adjacent properties.

(6) All swimming pools and associated equipment shall be constructed and erected in accordance with all applicable codes, ordinances, and regulations of the legislative body. Water used in the swimming pool, which is obtained from other than a public source, shall be approved by the Barren Butler County Health Department.

(7) All swimming pools existing at the time of adoption of this chapter, which are unprotected by a surrounding fence or wall, including gates or doors, as regulated herein, shall be required to comply with the provisions of this chapter section within sixty (60) days after its adoption.

(B) Public, semi-public, and commercial swimming pools. All public, semi-public, and commercial swimming pools shall be regulated according to the following requirements.

(1) Except as herein provided, no swimming pool and associated equipment shall be permitted within any required yards or within the limits of any public utility right-of-way easement.

(2) The swimming pool, or the property on which the pool is located, shall be surrounded by a fence or wall, including a self-closing and self-locking door or gate, with the latches placed at least four (4) feet above the ground, (only classes 1, 3, 4, and 5 fences are permitted, as regulated by § 80.203 of this chapter) at least five (5) feet in height, but not exceeding the height as permitted herein, and of such construction that any openings shall not allow the passage of a four (4) inch diameter sphere.

(3) Glare from flood lights used to illuminate the swimming pool area for night bathing shall be directed away from adjacent properties.

(4) All swimming pools and associated equipment of the swimming pool shall be constructed and erected in accordance with all applicable codes, ordinances, and regulations of the city. Water used in the operation of the swimming pool, which is obtained from other than a public source, shall be approved by the Butler County Health Department.

(5) No mechanical device for the reproduction or amplification of sounds used in connection with swimming pools shall create a nuisance to adjacent residential properties through the emission of noises, voices, or music which is loud enough to cause complaints from said adjacent residential property owners.

(Ord. passed 4- -23)

§ 80.203 FENCES, WALLS, AND OBSTRUCTION TO VIEW REGULATIONS

(A) Vision clearance at corners and railroad crossings. Except as herein provided, no fence, wall, hedge, or other obstruction, above a height of thirty-six (36) inches, as measured above the curb level, shall be erected, placed, maintained, or continued in any zone, within that triangular portion of a corner lot formed by measuring fifty (50) feet from the intersection of the right-of-way lines of two (2) streets or of the right-of-way line of a street intersection with a and joining these points with a straight line. No type of tree, or planting, or other obstruction, shall be planted, placed, maintained, or continued in such a manner which would obstruct the vision clearance at corners.

(B) Classification of fences and walls. The following shall be the classification of fences and walls for this chapter:

(1) Masonry walls.

(2) Ornamental iron (eighty percent (80%) open).

(3) Woven wire (eighty percent (80%) open); and chain link.

(4) Wood or other materials (more than fifty percent (50%) open).

(5) Solid fences, wood or other materials (less than fifty percent (50%) open).

(6) Hedges.

(7) Barbed wire or sharp pointed fences.

(8) Earthen or concrete walls intended to contain or redirect flooding waters.

(C) Residential zones. Fences and/or walls within all residential (R) zones, including their applicable overlay zone, shall conform to the following requirements:

(1) The requirements for the residential (R) zones for residential uses only, are as set forth and depicted on Figure 1 of this chapter.

(2) The location, height, and type of all fences and/or walls within any area zoned shall be as approved by the planning commission.

(3) For all non-residential uses conditionally permitted in any residential zone herein, the requirements are as follows:

(a) Fences of class 2 or 3 only shall be permitted in front yards, including the front yard of corner lots, as governed by § 80.203. Said fences may be erected up to a maximum height of seventy-two (72) inches.

(b) Classes 1, 2, 3, 4, 5, 6 fences and/or walls may be erected in rear yard, up to a maximum height of seventy-two (72) inches, provided, however, for the following exceptions.

1. General purpose recreational areas may be enclosed with fences and/or walls of Class 1, 2, 3, 4, 5, 6, or 7 up to a maximum height of ninety-six (96) inches.

2. Class 3 fences (or a combination of 3 and 7) may be erected to enclose tennis courts or as backstops for baseball and/or softball fields, up to a maximum height of one hundred and forty-four (144) inches.

3. In the case of corner lots, as governed by § 80.203, fences of class 2 or 3 only may be erected, as regulated by the applicable provisions of this section.

(D) Commercial and industrial zones. Fences and/or walls within all commercial and industrial zones, including those permitted with all conditionally permitted uses in this zone shall conform to the following requirements: except as provided for in § 80.203, fences of class 1, 2, 3, 4, 5, or 6 may be erected in front, side, and rear yards of commercial zones, up to a maximum height of seventy-two (72) inches. In the case of corner lots, as governed by § 80.203, fences of class 2 or 3 only, may be erected up to a maximum height of seventy-two (72) inches. In all commercial and industrial zones, a combination of class 3 and 7 fence (chain link with three (3) strands of barbed wire) may be erected, including corner lots, as governed by § 80.203, up to a maximum height of eighty-four (84) inches.

(E) Measurement of all fence and/or wall heights and/or locations.

(1) All fences and/or wall heights shall be measured along the fence or wall locations.

(2) All locations for distance measurements shall be measured from lot lines.

(F) Height of any barbed wire or sharp pointed fences. In all zones, barbed wire or sharp pointed fences, where permitted, must start a minimum of sixty (60) inches above ground level.

(G) Height of fences atop retaining walls.

(1) A combination fence and retaining wall may be erected. The retaining wall portion may be erected up to the level of the higher finished grade. The fence portion must be of the class and height permitted within this chapter for the applicable zone. Said measurement shall be made at and along the location of the fence and retaining wall.

(2) No fence shall be erected, except as exempted or specified within this chapter, until all required fees have been paid to the proper authorities or their agents and the necessary permits have been issued for such by the zoning administrator and the building inspector in accordance with this chapter.

Figure 1

(Ord. passed 4- -23)

§ 80.220 MANUFACTURED HOME PARKS ALLOWED AS PERMITTED USES AND CONDITIONAL USES

(A) For the purpose of this section, the following definitions and stipulations as set forth in KRS 100.348, KRS 227.550, and KRS 219.310 through 219.410 and including 902 KAR 15:010 and International Property Maintenance Code 2012 Edition adapted by the City of Morgantown (Ordinance 2017-01) shall apply:

“MANUFACTURED HOME PARK.” A residential area in which manufactured home lots are rented exclusively for use as sites for certified mobile and manufactured homes for residential use along with other uses permitted herein. Ownership of all land in a “MANUFACTURED HOME PARK” shall be maintained by the developer, his or her heirs, successors, or assignees. No lots shall be severed and sold from the “MANUFACTURED HOME PARK” and shall fall in compliance.

(B) As used in this section unless the context requires otherwise:

“COMPATIBILITY STANDARDS.” Standards that have been enacted by a local government under the authority of this section for the purpose of protecting and preserving the monetary value of real property located within the local government's jurisdiction.

“LOCAL GOVERNMENT.” A city, county, urban-county government, charter county government, or consolidated local government that is engaged in planning and zoning under KRS 100.348.

“MANUFACTURED HOME.” A single-family residential dwelling constructed after June 15, 1976, in accordance with the National Manufactured Home Construction and Safety Standards Act of 1974, 42 USC, Section 5401, et seq., as amended, and designed to be used as a single-family residential dwelling with or without permanent foundation when connected to the required utilities, and which includes the plumbing, heating, air conditioning, and electrical systems contained therein.

“OWNER OF RECORD.” The person recorded on public real estate records as the owner of real property.

“QUALIFIED MANUFACTURED HOME.” A manufactured home that meets all the following criteria as set forth in sections in this division.

(C) The following compatibility standards apply to all mobile homes, manufactured homes and qualified manufactured homes as described in KRS 100.348 and KRS 227.550.

(1) Parking of a manufactured/mobile home in any B-1 (Central Business District), B-2 (Commercial District), O-1 (Office and Professional Building District), or I (Industrial District) shall be strictly prohibited, but Type I manufactured homes may be permitted in a residential or agricultural zones with special permission of the Planning and Zoning Commission or conditional use permit issued by board of adjustment.

(2) All manufactured home or qualified manufactured home parks shall conform to all applicable provisions of this zoning code, and all attached special conditions. All manufactured home parks shall be subject to the regulations as set forth in this chapter and the Kentucky Revised Statutes.

(Ord. passed 4-12-16)

§ 80.221 WHERE PERMITTED

(A) Type I, Type II, Type III manufactured homes, and certified mobile homes shall be permitted only in manufactured home parks, except as provided for in this division.

(B) Classification of manufactured/certified mobile homes. Manufactured and certified mobile homes shall be classified by type as to acceptable compatibility or similarity in appearance with site constructed residences as defined.

(1) Type I manufactured homes shall:

(a) Have a minimum of one thousand four hundred and fifty-six (1,456) square feet of occupied space or twenty-six (26) feet by fifty-six (56) feet in a double or larger multi-section unit.

(b) Be placed on a permanent foundation.

(c) Utilize a permanent perimeter foundation and enclosure, if applicable, in accordance with approved installation standards, as specified in this chapter.

(d) Be anchored to the ground, in accordance with the One- and Two-Family Dwelling Code and to the manufacturer's specifications.

(e) Have wheels, axles, and hitch (tongue) mechanisms removed.

(f) Have utilities connected, in accordance with this chapter and manufacturer's specifications.

(g) Have siding material of a type customarily used on site-constructed residences.

(h) Have roofing materials of a type customarily used on site constructed residences.

(2) Type II manufactured homes shall:

(a) Have more than five hundred (500) square feet of occupied space in a single, double, expanded, or multi-section unit (including those with add-a-room units).

(b) Be placed onto a support system, in accordance with approved installation standards.

(d) Be anchored to the ground, in accordance with manufacturer's specifications or the ANSI/NFPA 501 A Installation Standards; have utilities connected in accordance with manufacturer's specifications or the ANSI/NFPA 501 A Installation Standards.

(e) Have siding material of a type customarily used on site-constructed residences.

(f) Have roofing material of a type customarily used on site-constructed residences.

(3) Type III manufactured homes shall:

(a) Have more than five hundred (500) square feet of occupied space in a single, double, expando, or multi-section unit (including those with add-a-room units).

(b) Be constructed after the 1976 Federal Mobile Home Construction and Safety Act went into effect.

(d) Be enclosed with foundation siding/skirting, in accordance with approved installation standards.

(e) Be anchored to the ground, in accordance with manufacturer's specifications or the ANSI/NFPA 501 A Installation Standards.

(f) Have utilities connected, in accordance with manufacturer's specifications or the ANSI/NFPA 501 A Installation Standards.

(4) Certified mobile homes. For purposes of determining appropriateness for placement, certified mobile homes shall:

(a) Have more than five hundred (500) square feet of occupied space.

(b) Be placed onto support system, in accordance with approved installation standards, as specified.

(c) Be built prior to the 1976 Federal Mobile Home Construction and Safety Act and be upgraded to be able to receive a “B” seal certifying that the unit has been inspected and in compliance with standards set forth in the HUD Code.

(Ord. passed 4-12-16)

§ 80.222 AREA AND DENSITY REQUIREMENTS

(A) No manufactured home park shall be permitted on an area of less than three (3) acres in size.

(B) The developer may be permitted to develop the park in stages as long as he or she complies with the overall approved plan for the entire tract and initially has a minimum of ten (10) manufactured home lots developed for use.

(C) The number of manufactured homes permitted in the park shall not exceed a density of twelve (12) manufactured homes a net acre.

(D) A net acre is the land to be subdivided into lots after streets and other required improvements have been installed.

(Ord. passed 4-12-16)

§ 80.223 LOT REQUIREMENTS

Individual lots within a manufactured home park shall not be less than four thousand (4,000) square feet in area and in no instance shall more than one (1) manufactured home be permitted on a single lot. The minimum lot width shall be thirty-five (35) feet.

(Ord. passed 4-12-16)

§ 80.224 SETBACK

No manufactured home or structure shall be located closer to a public street than thirty- five (35) feet or than the minimum front yard setback for permanent residential structures in the residential zone in which the park is located. No manufactured home shall be closer than twenty-five (25) feet from a street within the manufactured home park. No manufactured home shall be located closer than fifteen (15) feet to any building within the park or to any property line of the park.

(Ord. passed 4-12-16)

§ 80.225 FRONTAGE

All manufactured home parks shall front on a public street or road for at least one hundred (100) feet.

(Ord. passed 4-12-16)

§ 80.226 SPACING

No manufactured home shall be located within thirty (30) feet of another manufactured home except that a minimum end-to-end clearance of not less than ten (10) feet shall be permitted and in instances where the sides opposite the entrance of two (2) manufactured homes face each other, the amount of space between the two (2) manufactured homes may be reduced to not less than twenty (20) feet.

(Ord. passed 4-12-16)

§ 80.227 STREETS

All manufactured homes spaces shall abut upon a street. All streets within the manufactured home park shall have a right-of-way of not less than thirty (30) feet and a pavement of not less than twenty-two (22) feet. Each park shall have at least one (1) street which gives access to a public street. Such access streets in either a single manufactured home park or adjoining parks shall not be less than one hundred (100) feet apart nor less than one hundred and twenty-five (125) feet from an intersection of two (2) or more public streets. All streets within the park shall be hard-surfaced and well-lighted. No street within the manufactured home park shall be closer than five (5) feet of the property line.

(Ord. passed 4-12-16)

§ 80.228 PARKING

(A) One (1) paved automobile parking area shall be provided on every manufactured home lot, plus one (1) parking space for each manufactured home lot.

(B) This additional parking may be in a central location, but in no case shall the parking be more than three hundred and fifty (350) feet from the trailer space for which it is provided.

(Ord. passed 4-12-16)

§ 80.229 UTILITIES

All lots within the manufactured home park shall be provided with water, sewer and electrical facilities meeting the standards specified by city and state regulations and each manufactured home shall be properly connected with those utilities.

(Ord. passed 4-12-16)

§ 80.230 ACCESSORY STRUCTURES

(A) No accessory structure including patios and pads shall be located within five (5) feet from any manufactured home lot line.

(B) Mini warehouses/storage units, which provide for rental, small storage facilities that are offered for use to the public. The P/Z Commission when granting requests for mini-warehouse facilities may limit the number of units provided, restrict the size or orientation of any structure, require screening, buffering, or landscaping, require a specific type of building material, require green landscape buffer areas, require storm water abatement measures, or impose any other requirement that it deems necessary to help the requested use blend into its unique surroundings.

(C) Storage containers, portable or mobile units are not considered to be used for rental, or small storage facilities that are offered for use to the public.

(D) Any outdoor storage area shall be completely screened with a six (6) foot high solid fence or wall from adjoining uses and streets and shall be landscaped and paved. Such outdoor storage areas shall not be used as vehicle impound yards or junk yards, as defined in this chapter or other local ordinances. Storage of vehicles shall be limited to those vehicles to be repaired on the premises. The P/Z Commission may establish additional conditions, which it believes are necessary to assure compatibility with neighboring uses.

(Ord. passed 4-12-16; Am. Ord. passed 1- -24)

§ 80.231 CONDITIONS

The City Planning Commission (P/Z Commission) and board of adjustment shall attach any condition it deems necessary to ensure the proper development of the manufactured home park.

(Ord. passed 4-12-16)

§ 80.232 NONCONFORMING MANUFACTURED/MOBILE HOME PARKS

(A) The lawful use of a manufactured/mobile home park by the owner of record, existing prior to or at the time of passage of this chapter may be continued, although such use may not conform to the provisions of this chapter. The continuance of a nonconforming manufactured/mobile home park shall be subject to the nonconforming provision of this chapter, with the exception that a nonconforming manufactured/mobile home park does not present a health or safety hazard, meets state and federal standards and may not be enlarged or expanded unless such enlargement or expansion shall meet the regulations set forth in this chapter.

(B) Any manufactured home that comes under the above description by the owner of record and should ever be moved replaced, destroyed and the P/Z Commission or board of adjustment has previously granted a conditional use permit for the proposed structure and the property owner has not changed since the P/Z Commission or board of adjustment ruling, a structure that comes under the above description can be replaced without board approval so long as the structure is a Type I, Type II or Type III manufactured home and meets all standards as set forth in this chapter.

(Ord. passed 4-12-16)

§ 80.233 REQUIREMENTS FOR LOCATION OUTSIDE APPROVED PARKS

A certified mobile home or qualified manufactured home, whether permanent or portable, shall not be permitted on lots outside of approved manufactured home parks unless it is a Type I manufactured home and the following requirements have been met:

(A) This use shall be allowed on individual lots of record only; for the use of property owner as a Type I manufactured home, personal permanent dwelling, and meets compatibility standards of the surrounding neighborhood.

(B) Type I manufactured homes shall:

(1) Have a minimum of one thousand four hundred and fifty-six (1,456) square feet of occupied space or twenty-six (26) feet by fifty-six (56) feet in a double or larger multi-section unit.

(2) Be placed on a permanent foundation.

(3) Utilize a permanent perimeter foundation and enclosure, if applicable, in accordance with approved installation standards, as specified.

(4) Be anchored to the ground, in accordance with the One- and Two-Family Dwelling Code and to the manufacturer's specifications.

(5) Have wheels, axles, and hitch (tongue) mechanisms removed.

(6) Have siding material of a type customarily used on site-constructed residences.

(7) Have roofing materials of a type customarily used on site constructed residences. The list of approved roofing materials shall be adopted and revised by the building inspector only.

(C) Any structure that comes under the above description, shall be allowed as the principal building only, and in no case be set adjacent to, or become a part of, any other building on the lot.

(D) The placement of any such structure must be approved in writing by P/Z Commission or the board of adjustment.

(E) The P/Z Commission or board of adjustment shall hold a public hearing and advertise the hearing according to law before this special exception may be granted.

(F) The P/Z Commission or board of adjustment may attach certain conditions to its approval which it feels are necessary to preserve and protect the character of the district in which the proposed use would locate.

(G) The P/Z Commission or board of adjustment may permit a structure of this description to be placed on lots that do not meet the density requirements of residential districts, but in no case shall they be permitted on lots that do not meet the density requirements for manufactured home parks.

(H) The electric inspector, plumbing inspector or utility companies shall not allow utility service to these structures until all requirements as set forth by the P/Z Commission or board of adjustment have been complied with.

(I) If any structure that comes under the above description should ever be moved replaced, destroyed and the P/Z Commission or board of adjustment has previously granted a conditional use permit for the proposed structure and the property owner has not changed since the P/Z Commission or board of adjustment ruling, a structure that comes under the above description can be replaced without board approval so long as the structure is a Type I manufactured home and meets all standards as set forth in this chapter.

(J) Should any structure that comes under the above description should ever be moved or destroyed and the P/Z Commission or board of adjustment has not previously granted a conditional use permit for the proposed structure the current property owner must apply for a conditional use permit before any replacement of the structure is to occur.

(K) A zoning permit is to be obtained. The zoning administrator shall not issue a zoning permit for a manufactured home as standard housing located outside a mobile home park unless a measured plot plan is submitted which shows the lot boundaries, the placement of the manufactured home and which shows that the required building set-back side and rear yards are provided as required by the zone in which the mobile home is to be placed and meets all standards as set forth in this chapter.

(L) The manufactured home has been located on a lot of record in a manner consistent with the plot plan and that the required setback and side and rear yards are provided consistent with the zone requirements.

(M) No manufactured/mobile home located outside a manufactured/mobile home park may be occupied unless and until all utilities and other connections are permanently made and adhere to the code applicable to the zone.

(Ord. passed 4-12-16)

§ 80.234 NONCONFORMING MANUFACTURED/MOBILE HOMES

(A) The lawful use of a manufactured/mobile home by the owner of record, existing prior to or at the time of passage of this chapter may be continued, although such use may not conform to the provisions of this chapter. The continuance of a nonconforming manufactured/mobile home shall be subject to the nonconforming provision of this chapter, with the exception that a nonconforming manufactured/mobile home does not present a health or safety hazard, meets state and federal standards, and may not be enlarged or expanded unless such enlargement or expansion shall meet the regulations set forth in this chapter.

(B) If any structure that comes under the above description by the owner of record and should ever be moved replaced, destroyed and the P/Z Commission or board of adjustment has previously granted a conditional use permit for the proposed structure and the property owner has not changed since the P/Z Commission or board of adjustment ruling, a structure that comes under the above description can be replaced without board approval so long as the structure is a Type I, Type II or Type III manufactured home and meets all standards as set forth in this chapter. (Ord. passed 4-12-16)

§ 80.235 EXPANSION OF A MANUFACTURED HOME PARK

(A) Where the owner of an existing manufactured home park sees the need to expand his or her park and is willing to bring the present park into compliance with this division, the Planning and Zoning Commission may, or board of adjustment may grant a variance to the area requirements and issue a permit for expansion.

(B) The applicant shall submit a preliminary and final plat in compliance with this division. The final plat shall also show the following information:

(1) Public area, such as visitors’ parking, recreational area, and the like, if the areas are proposed.

(2) Large scale plan of one typical manufactured home lot showing manufactured home location, automobile parking space and the like.

(3) Location of planting for landscaping purposes or as required for protective buffer purposes as a special condition.

(C) The city planning and zoning commission may attach reasonable special conditions to its approval of a manufactured home park and direct the zoning administrator to issue a zoning permit when the applicant presents a valid construction permit from the state’s Department of Health, Division of Environmental Health, and Sanitation Program, as required by KRS 219.320 And KRS 219.330. The zoning administrator shall not issue the zoning permit until he or she has received written authorization from the city planning commission or board of adjustment, if the manufactured home park is to be located within the city limits and until the valid construction permit is presented.

(Ord. passed 4-12-16)

§ 80.236 REGULATIONS FOR NON-TRADITIONAL MANUFACTURED HOUSING/MODULAR HOUSING

(A) The definition of terms used in these sections shall be that set forth in KRS 360.150, the Kentucky Housing Code, and the International Property Maintenance Code 2012 Edition adapted by the City of Morgantown (Ordinance 2017-01) unless further defined herein.

(B) Modular housing, as defined is a structure designed primarily for residential or commercial occupancy, designed, and constructed to the Kentucky or National Building Code, which is manufactured in one or more sections in a factory for installation on a permanent foundation at its final location.

(C) Modular homes shall not include manufactured/mobile home, camping trailer, travel trailer, recreational vehicle, motor home, pickup camper, or auto camper.

(D) Modular homes shall include prefabricated, manufactured or a factory-built structure designed to be used as a dwelling.

(Ord. passed 4-12-16)

§ 80.237 RECREATIONAL VEHICLES AND RV PARKS

(A) Recreational vehicles (RVs) as defined in this chapter is a motorized or pull behind, wheeled vehicle used for camping or other recreational activities.

(B) An RV shall under no circumstances be utilized as the principal structure for any residential or commercial use.

(C) No RV shall be used as an incidental structure or accessory structure to any residential or commercial use for a length of time greater than fourteen (14) days.

(D) (1) Any proposed RV park shall conform to all regulations required to establish a mobile/manufactured home park in all zoning districts which allow it.

(2) When considering a proposed RV park, the city planning commission reserves the right to deny any and all application based on roadway capacity, buffer zones, safety issues, etc. in accordance with the city’s zoning ordinance.

(Ord. passed 4-12-16)

§ 80.238 JOB TRAILERS

(A) A job trailer is any structure that is transportable in one or more sections, which is built on a permanent chassis and used as an office for on-site construction purposes, with or without a permanent foundation.

(B) A job trailer is allowed to be located on any job site that is currently under construction or in the pre-meditated phases of construction.

(D) In any case where a job is completed, and the structure has been issued a zoning permit or resumed normal business the job trailer is to be removed from the site.

(Ord. passed 4-12-16)

§ 80.239 MANUFACTURED HOMES AND MANUFACTURED HOME PARKS ENFORCEMENT AND ABATEMENT COSTS

Abatement and enforcement for manufactured homes and manufactured home parks found in violation of this chapter shall be considered and treated as public nuisances and or blighted property.

(Ord. passed 4-12-16)

§ 80.240 POSTAL STANDARDS

Postal standards shall comply with the U.S. Postal Service National Delivery Planning Standards A Guide for Builders and Developers Handbook PO-632 (July 2020).

(Ord. 88-12 Art. 4 (4.090-4.096), 1988); Am. Ord. passed 4-12-16)

§ 80.300 PROPOSED USE; APPROVAL OF COMMISSION

(A) The development of land exceeding one (1) acre in size for residential and commercial uses (other than for one (1) single-family dwelling on a lot of such size), and for industrial parks shall be subject to the specific review of the planning commission. The developer(s) of such acreages shall submit a plan for the proposed development showing metes and bounds and a plat showing proposed usages. This plat must be accompanied by a survey by a certified land surveyor.

(B) If the tract of land proposed to be developed is not appropriately zoned for the requested use, a zoning amendment must be requested. All legal procedures must be followed, and a map amendment duly authorized prior to the start of the proposed development.

(C) In approving proposals for planned developments, the planning commission must be satisfied that the proponents of the planned development project(s) are financially able to carry out the proposed project(s) and that construction will begin within one (1) year after approval of the plan.

(Ord. 88-12 Art. 6 (6.01), 1988)

§ 80.320 PROPOSED USE; APPROVAL OF COMMISSION

(A) A planned commercial development is defined as a proposal for the utilization of an area exceeding one (1) acre in size for the construction of building(s) and/or facilities to house two (2) or more commercial establishments either in separate or a common structure.

(B) The owner(s) of the land, or the developer(s) shall be required to submit to the planning commission for its review a preliminary plan for the use and development of the tract of land and survey accurately describing its metes and bounds.

(C) It shall be the duty of the planning commission to investigate, and to ascertain, whether the proposed location and plan comply with the following:

(1) That the project is at a location where traffic congestion does not exist at present on the streets to be used for access to the proposed commercial development, and where such congestion is not likely to be created by the proposed development.

(2) That the plan provides for a project consisting of two (2) or more establishments in a building, or in buildings of unified and harmonious design together with adequate, and properly arranged traffic and parking facilities and landscaping, and will have no adverse effect upon adjoining or surrounding development.

(3) That the uses proposed are consistent with those permitted within the district.

(Ord. 88-12 Art. 6 (6.02), 1988)

§ 80.321 REGULATIONS

The following regulations shall apply to the planned commercial development:

(A) Building height. No building shall exceed two (2) stories or twenty-five (25) feet in height.

(B) Tract coverage. The ground area occupied by all buildings shall not exceed, in aggregate, fifty percent (50%) of the total area of the lot or tract.

(C) Customer parking space. Notwithstanding any other requirement of this chapter there shall be provided one (1) off-street parking space for each four hundred (400) square feet of retail or customer service floor space.

(D) Loading space.

(1) Notwithstanding any other requirement of this chapter, there shall be provided one (1) off-street loading space for each ten thousand (10,000) square feet of building floor space, or major fraction thereof.

(2) At least one-third (1/3) of the loading spaces shall be significant in area and offer vertical clearance for the accommodation of trucks of the tractor-trailer type.

(E) Signs. Signs shall be permitted as per § 82.202(D)(4).

(Ord. 88-12 Art. 6 (6.021), 1988)

§ 80.322 SPECIAL CONDITIONS

The planning commission may attach reasonable special conditions to ensure that there will be departure from the intent of this chapter. The proposed commercial development shall comply with all such conditions, and a final plat shall be submitted to the planning commission for its review prior to the start of construction.

(Ord. 88-12 Art. 6 (6.022), 1988)

§ 80.340 PROPOSED USE; APPROVAL OF COMMISSION

(A) When a development is defined as a planned industrial park, it shall be subject to the following:

(1) The owner or owners of land in an industrial district containing not less than four (4) acres shall submit to the planning commission for its review a preliminary plan for the use and development of such land as a planned industrial park.

(B) It shall be the duty of the commission to investigate, and to ascertain, whether the proposed location and plan comply with the following conditions:

(1) That the proposed industrial park is located where traffic congestion does not exist at present on the streets to be utilized for access to the proposed park and where congestion will not be likely to be created by the development;

(2) That the plan provides for the industrial park consisting of one (1) or more buildings of unified and harmonious design, together with the required parking facilities and landscaping, and that the development will have no adverse effect upon adjoining or nearby developments;

(3) That the uses permitted shall be those which are authorized for an industrial district.

(Ord. 88-12 Art. 6 (6.03, 6.031), 1988)

§ 80.341 REGULATIONS

The following regulations shall apply to a planned industrial park:

(A) Building heights.

(B) Fumes and odors. No noxious or offensive trade or activity shall be carried on, nor shall anything be done which may be, or become, an annoyance or nuisance by reason of unsightliness, or the excessive emission of odor, dust, fumes, smoke or noise.

(C) Landscaping. The area between the building lines and the property lines is to be used either for open landscaped and green areas or for off-street parking. Any landscaped area shall be properly maintained in a sightly condition. Parking areas shall also be maintained in good condition.

(D) Building setbacks. No building may be erected within an industrial park nearer than one hundred (100) feet to the street right-of-way upon which it faces, nor nearer than twenty-five (25) feet to the right-of-way of any other existing or proposed streets nor shall any such building be erected nearer than twenty-five (25) feet to the side or rear property lines.

(Ord. 88-12 Art. 6 (6.032-6.0324), 1988)

§ 80.342 GENERAL PROVISIONS

Other provisions as set forth in Article II of this chapter dealing with loading docks, parking, storage, signs, screening, and waste disposal, shall apply to an industrial park.

(Ord. 88-12 Art. 6 (6.0325), 1988)

§ 80.343 OTHER CONDITIONS

The planning commission may attach reasonable conditions to ensure that there shall be no departure from the intent of this chapter. The proposed industrial park plan shall comply with all such conditions, and a final plat shall be submitted to the planning commission for its review and approval before construction begins.

(Ord. 88-12 Art. 6 (6.0326), 1988)

§ 80.360 USES; APPROVAL BY COMMISSION

(A) A planned residential development is a large-scale development constructed by a single owner or a group of owners acting jointly, located on a single tract of land, and involving a related group of residences and associated uses, planned as an entity, and therefore constituting one (1) complex land use unit.

(B) A planned residential development project plat and plan must be presented to the planning commission for review and approval. The planned residential development must be within substantial compliance of the city subdivision ordinances, and shall meet all minimum requirements of this chapter.

(Ord. 88-12 Art. 6 (6.04), 1988)

§ 80.361 REGULATIONS

The following regulations shall apply to a planned residential development:

(A) Zoning. The proposed site must be located in an area permitting single-family dwellings.

(B) Plat plan. A plat shall be presented for planning commission review which shows the following:

(1) Kind, location, bulk, and capacity of structures and uses;

(2) General floor plan of buildings;

(3) Location and identification of open spaces, streets, and all other means for pedestrian and vehicular circulation; parks; recreational areas, and other non-building sites;

(4) Provision for automobile parking;

(5) General nature and location of public and private utilities and other community facilities and services.

(Ord. 88-12 Art. 6 (6.041), 1988)

§ 80.362 INTENSITY OF LAND USE

The intensity of land use shall be no higher and the standard for open space shall be no lower than that permitted by this chapter.

(Ord. 88-12 Art. 6 (6.042), 1988)

§ 80.363 ZONING RESTRICTIONS TO APPLY

In no case shall the planning commission authorize a use prohibited in the district in which the housing is located, or a smaller gross lot area per family than the minimum required for such district, or a greater height, or a larger coverage than required by this chapter.

(Ord. 88-12 Art. 6 (6.043), 1988)

§ 80.364 SUBDIVISION ORDINANCE PROVISIONS PREVAIL

Planned subdivision ordinance, as previously adopted, remains and shall be controlling where there appears in this chapter a conflict of requirements, and minimum requirements must be met as set out in subdivision ordinance. Planned residential development shall, at approval of the planning and zoning board, permit a mix of single, duplex and apartment dwellings, with shopping area, offices, professionals, intermingled with suitable buffer zones and screens.

(Ord. 88-12 Art. 6 (6.044), 1988)

§ 80.600 DEFINITIONS

For the purposes of this article, the following terms are defined as follows:

“FAIR HOUSING LAWS.” The Federal Fair Housing Amendments Act of 1988 (FHA) and the provisions of KRS 344.600 et seq., may be amended from time to time (fair housing laws).

“GROUP HOME.” A residential facility for the care of six (6) or less unrelated individuals living in a single housekeeping unit and recognized as handicapped individuals under the Fair Housing Act and American with Disabilities Act. A sober living facility shall be considered as a “GROUP HOME” for all purposes consistent herewith.

“HANDICAPPED.” Person with disabilities: For the purpose herein, has the meaning set forth in the federal Fair Housing Act and the American with Disabilities Act and is an individual who has a physical or mental impairment that limits one or more of the major life activities of such individual, is regarded as having such impairment, or has a record of such impairment. While a person recovering from substance abuse may be considered a person with a disability under 42 U.S.C. § 3602(h) a person who is currently engaged in illegal use of a controlled substance is not.

“OPERATOR.” An individual or business entity, whether for profit or non-profit, which provides residential services at a group home.

“REASONABLE ACCOMMODATION.” The act of making a dwelling unit or housing facility(ies) readily accessible to and usable by a person with disabilities, through the removal of constraints in the city's land use, zoning, permit and processing procedures. All accommodation may not be reasonable, and the reasonableness of a request will be determined by the city.

“SOBER LIVING FACILITY.” A single-family dwelling unit used by individuals recovering from a drug and/or alcohol addiction, considered as a handicapped individual under state or federal law. A “SOBER LIVING FACILITY” shall not provide on-site supportive outpatient services to residents, including the following: mental health services; clinical rehabilitation services; social services; medical, dental, nutritional or other health care services; financial management services; legal services; vocational services; and other similar supportive services.

(Ord. 2023-05, passed 10-12-23)

§ 80.601 PURPOSE

(A) Fair housing laws impose an affirmative duty on local governments to make reasonable accommodation in their land use and zoning regulations and practices when such accommodation may be necessary to afford handicapped individuals an equal opportunity to housing in accordance therewith.

(B) In furtherance of the purposes of the fair housing laws, this article is intended to: preserve the residential character of single family residential neighborhoods; ensure that group homes, including sober living facilities, are actually entitled to reasonable accommodation; limit the secondary impacts of group homes including sober living facilities by reducing noise and traffic; preserve safety and provide adequate on-street parking; provide an accommodation for handicapped individuals that is reasonable and actually bears some resemblance to the opportunities afforded non-handicapped individuals to use and enjoy a dwelling in a residential neighborhood; and, to provide a living environment that will enhance the opportunity for the handicapped to be successful in their programs. Pursuant to fair housing laws, this article is also created to provide handicapped individuals reasonable accommodation in rules, policies, practices, and procedures to ensure equal access to housing and facilitate the development of housing for individuals with such recognized handicaps when the same may act as a barrier to fair housing opportunities.

(C) There is hereby established a procedure for making requests for reasonable accommodation in land use and zoning regulations, policies, practices, and procedures to comply fully with the intent and purpose of fair housing laws. Unless a group home has been granted five (5) reasonable accommodations as provided in this article, group homes shall comply with zoning regulations, policies, practices, and procedures applicable to the zone in which they are located.

(Ord. 2023-05, passed 10-12-23)

§ 80.602 APPLICABILITY

Reasonable accommodation within the context of the land use and zoning regulations means providing individuals with recognized handicaps flexibility in the application of land use and zoning regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities.

(Ord. 2023-05, passed 10-12-23)

§ 80.603 NOTICE TO THE PUBLIC OF AVAILABILITY OF ACCOMMODATING PROCESS

Notice of the availability of reasonable accommodation shall be prominently displayed and provided to requesting individuals, advising the public of the availability of the procedure for eligible applicants.

(Ord. 2023-05, passed 10-12-23)

§ 80.604 APPLICATION FOR REQUESTING REASONABLE ACCOMMODATION

(A) Forms requesting reasonable accommodation shall be available in the Code Enforcement Department.

(B) An application for reasonable accommodation may be made by any handicapped individual or his or her representative; the owner of the real property intended for use as a group home for handicapped individuals; or, the owner/operator of an entity providing residential services at the location.

(1) Name, address, and phone number of the applicant requesting reasonable accommodation.

(2) Name, address, and phone number of the house manager who is responsible for the day-to-day operation of the facility, if any.

(3) Address of the property for which accommodation is requested.

(4) Name, address, and phone number of the property owner(s) if not the applicant.

(5) If the operator is not the property owner, then a copy of any lease agreement between applicant and owner must be provided as well as written approval from the property owner to operate a group home at the property location.

(6) Detailed description of the requested accommodation with reference to any known regulation, policy or procedure from which relief is sought.

(7) Reason that the requested accommodation may be necessary for the handicapped individual(s) to use the dwelling.

(8) Copy of the group home rules and regulations including intake procedures and relapse policy.

(9) Blank copy of all forms that residents or potential residents are required to complete.

(10) An affirmation by the applicant or owner/operator that only handicapped residents shall reside at the group home.

(11) Copy of any agreement between applicant or owner/operator and the property owner setting forth or concerning any fee arrangement or financial reimbursement applicable to each resident of the group home.

(D) The applicant or owner/operator shall be responsible for filing with the city within thirty (30) days, any updates or changes to policies, procedures, ownership, or operating entity.

(E) Any information obtained shall be considered confidential, shall be retained in a manner so as to respect the privacy rights of the applicant, and shall not be made available for public inspection unless otherwise required by law.

(F) A request for reasonable accommodation to the regulations, policies, practices, and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. Reasonable accommodation shall not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

(G) If an applicant needs assistance in making the request for reasonable accommodation, it shall be provided to ensure that the process is properly undertaken.

(H) An applicant may seek relief from the strict application of the provisions of this article by submitting such request in writing to the Code Enforcement Director (hereafter “Director”) setting forth specific reasons as to why accommodation over and above the provisions set forth herein is necessary.

(I) No application fee shall be charged.

(Ord. 2023-05, passed 10-12-23)

§ 80.605 GROUNDS FOR REASONABLE ACCOMMODATION

The Director shall consider in determining whether to grant a reasonable accommodation the totality of the following factors:

(A) That the property will be used by an individual with a recognized handicap protected under the fair housing laws.

(B) Special needs created by the recognized handicap.

(D) Potential impact on properties within the vicinity.

(E) Physical attributes of the property and dwelling structure.

(F) Alternate accommodation that may provide an equivalent level of benefit.

(G) Whether the requested accommodation would impose an undue financial or administrative burden on the city.

(H) Whether the requested accommodation would require a fundamental alteration in the nature of a city function or service.

(I) Whether granting the request would be consistent with the city's comprehensive plan.

(Ord. 2023-05, passed 10-12-23)

§ 80.606 DISTANCE REQUIREMENT

No group home shall be located within six hundred and fifty (650) feet, as measured from the closest property lines, of any other group home.

(Ord. 2023-05, passed 10-12-23)

§ 80.607 INSURANCE AND MORTGAGE NOTIFICATION REQUIREMENT

(A) The owner or operator of any group home shall be required to maintain and provide proof to the city of liability insurance coverage in the amount of three hundred thousand dollars ($300,000), per person and one million dollars ($1,000,000), per occurrence, for personal injury to persons or property damage.

(B) The owner or operator shall be required to provide proof to the city that any mortgage lien holder on the subject property has been notified of the use of the premises as a group home.

(Ord. 2023-05, passed 10-12-23)

§ 80.608 REVIEWING AUTHORITY

(A) Upon proper application made, requests for reasonable accommodation shall be reviewed by the director of code enforcement and the planning and zoning commission using the criteria set forth) herein.

(B) The zoning commission and director shall issue a written decision on a request for reasonable accommodation within thirty (30) days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth below.

(C) If necessary to reach a determination on the request for reasonable accommodation, the director may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the thirty (30) day period to issue a decision shall be stayed until the applicant responds to the request.

(Ord. 2023-05, passed 10-12-23)

§ 80.609 REQUIRED FINDINGS

The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors.

(A) Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with a recognized handicap as defined herein and protected under fair housing laws.

(B) Whether the requested accommodation is necessary to make housing available to an individual with a recognized handicap protected under the fair housing laws.

(D) Whether the requested accommodation would require a fundamental alteration in the nature of the city’s land use or zoning regulations, codes or related programs.

(E) The requested accommodation will not result in a direct threat to the health, safety or welfare of other individuals or cause physical damage to the property of others.

(F) Whether the requested accommodation is necessary to make facilities of a similar nature economically viable in light of the particularities of the relevant market and market participants.

(G) Whether the existing supply of facilities of a similar nature and operation in the community is already sufficient to provide individuals with a recognized handicap an equal opportunity to live in a residential setting.

(H) The city shall consider the following factors upon any request for accommodation:

(1) Whether the requested accommodation would fundamentally alter the character of the neighborhood.

(2) Whether the requested accommodation would result in a substantial increase in traffic or insufficient parking.

(3) Whether granting the requested accommodation would substantially undermine any express purpose of the city’s comprehensive plan.

(4) Whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.

(Ord. 2023-05, passed 10-12-23)

§ 80.610 WRITTEN DECISION ON THE REQUEST FOR REASONABLE ACCOMMODATION

(A) The zoning commission and director shall render a written decision on the request for reasonable accommodation within thirty (30) days of receipt. The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the director's findings on the criteria set forth herein. The written decision shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below. The notice of decision shall be sent to the applicant by certified mail.

(B) The written decision of the zoning commission and director shall be deemed final unless an applicant appeals the decision to the Board of Adjustment within the prescribed time period.

(C) In the event the zoning commission and or director fails to render a written decision within the prescribed period of time, the request shall be advanced to the City Council for final determination, who shall make such written determination within ten (10) days thereof. In the event that a written determination is not issued within forty (40) days of the request it shall automatically be deemed as granted.

(D) While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

(E) The director shall be required to maintain records of requests for reasonable accommodation or modification and the response thereto, including final written decisions.

(Ord. 2023-05, passed 10-12-23)

§ 80.611 APPEALS

(A) Within thirty (30) days of the date of the commission and director's written decision, an applicant may appeal an adverse decision. Appeals from the adverse decision shall be made in writing to the board of adjustment within the prescribed period of time.

(B) If an applicant needs assistance in filing an appeal against an adverse decision,.the city will aid ensure that the appeals process is properly undertaken.

(D) Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.

(Ord. 2023-05, passed 10-12-23)

§ 80.612 SEVERABILITY

It is hereby declared that sections, paragraphs, sentences, clauses, and phrases of this article are severable and, if any phrase, clause, sentence, paragraph, or section shall be declared unconstitutional or invalid by the valid judgement or decree of any court of competent jurisdiction such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this article, since the same would have been enacted by the City Council without the incorporation of any such unconstitutional phrase, clause, sentence, paragraph, or section.

(Ord. 2023-05, passed 10-12-23)

§ 80.613 NONCONFORMING EXISTING SOBER HOMES, TRANSITIONAL HOUSES, OR RECOVERY RESIDENCES

The lawful use of a sober home, sober house, or recovery residence by the owner of record, existing prior to or at the time of passage of this chapter may be continued, although such use may not conform to the provisions of this article. The continuance of a nonconforming sober home shall be subject to the nonconforming provision of this chapter, with the exception that a nonconforming sober home does not present a health or safety hazard, meets state and federal standards, and may not be enlarged or expanded unless such enlargement or expansion shall meet the regulations set forth in this article.

(Ord. 2023-05, passed 10-12-23)

Morgantown City Zoning Code

CHAPTER 80

ZONING CODE

§ 80.100 A - AGRICULTURAL DISTRICT

(Ord. 88-12 Art. 4 (4.01, 4.011, 40.012), 1988)

§ 80.101 R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT

(B) Principal permitted uses. Single-family dwellings and planned residential development projects as described in Article IV of this chapter.

(C) Dwelling, single family. A building occupied exclusively for residential purposes by one family or one housekeeping unit.

(D) Family. One or more persons occupying a single dwelling unit, provided that unless all members are related by blood, adoption, common law partner or marriage.

(F) Accessory building and uses shall be permitted as customarily incidental to the conditional use.

(G) Lot area frontage and yard requirements.

(1) Minimum dimensional requirements:

Lot area 12,000 square feet

Lot width at building line 75 feet

(2) Yard space (excepting unattached accessory buildings):

Rear depth 25 feet

Side yards 12 feet

Front depth 35 feet

Frontage 40 feet

The minimum width of side yards along intersecting streets shall be the same as the front yard setback required for the residential district on such side street.

(Ord. 88-12 Art. 4 (4.021-4.024), 1988; Am. Ord. passed 10-2-23)

§ 80.102 R-2 - SINGLE-FAMILY RESIDENTIAL DISTRICT

(A) Intent. Same as for R-1 except this zone is intended to encourage low- to moderate- density and more compact dense single-family development.

(B) Requirements. The requirements for this district shall be the same as those for the R-1 district with the following exceptions:

(1) Lot area, frontage and yard requirements:

Lot area 10,000 square feet

Rear depth 25 feet

Side depth 10 feet

Front depth 35 feet

(Ord. 88-12 Art. 4 (4.03), 1988; Am. Ord. passed 10-2-23)

§ 80.103 R-3 - MULTI-FAMILY RESIDENTIAL DISTRICT

(B) Principal permitted uses. Single- and multi-family residences and planned residential developments subject to Article V.

(1) Multi-family dwellings.

(2) Boarding houses for up to six (6) persons, not to exceed more than two (2) individuals per bedroom.

(3) Community residences.

(4) Townhouses except that no more than twelve (12) units may be attached.

2024 S-13 14A

MORGANTOWN - ZONING CODE

14B

MORGANTOWN - ZONING CODE

(4) The planning and zoning board may attach such conditions as it deems necessary to preserve and protect the nature of the district.

(D) Accessory buildings and uses. Accessory buildings and uses customarily incidental to the conditional uses shall be permitted.

(E) Height requirements. No principal structure in an R-3 district shall exceed three (3) stories, or thirty-six (36) feet in height.

(F) Lot area, frontage and yard requirements.

2024 S-13 15

MORGANTOWN - ZONING CODE

(2) Other dimension minimums:

(a) Yard space (except unattached buildings)

Rear depth 25 feet

Side widths 10 feet

Front depth 25 feet

(b) Minimum width of side yards along intersecting streets shall be the same as front yard setback for the residential district on such side street.

(Ord. 88-12 Art. 4 (4.041-4.045), 1988; Am. Ord. passed 10-2-23)

§ 80.104 R-4 - MULTI-FAMILY RESIDENTIAL DISTRICT

(B) Conditionally permitted uses requiring board of adjustment authorization. The conditionally permitted use in this district shall be the same as that of an R-3 district.

(D) Lot area, frontage, and yard requirements.

(2) Dimensional minimums:

(a) Lot width at building line.

Single-family 50 feet

Multi-family 60 feet

(b) Yard space, other than attached buildings.

Rear depth 20 feet

Side widths 8 feet

Front depth 20 feet

Frontage (public street) 40 feet

(c) Minimum width of side yards along intersecting streets shall be the same as the front yard setback required for the residential district of such side street.

(Ord. 88-12 Art. 4 (4.051-4.054), 1988; Am. Ord. passed - - )

§ 80.105 B-1 - CENTRAL BUSINESS COMMERCIAL DISTRICT

(B) Principal permitted uses. Any consumer and personal service and/or retail establishment.

(1) Retail businesses and retail services.

(2) Places for amusement and assembly.

(3) Manufacturing or processing establishments that do not create dust, smoke, noise, odor, or other pollution outside the lot on which it is located and do not employ more than ten (10) people.

(4) Personal service establishments.

(5) Restaurants.

(6) Professional offices.

(7) Governmental offices, laboratories, and facilities.

(8) Public/semi-public uses such as libraries, vocational or technical schools, churches, nursing homes, funeral homes, medical offices.

(9) Public utility installations, offices, storage, and maintenance facilities.

(10) Wholesaler retail outlets.

(11) Hotels, motels.

(12) Minor automobile and truck repair.

(13) Passenger transportation terminals.

(14) Athletic club facilities.

(15) Residential use provided those residential units are not mixed with nonresidential uses on the same floor unless separate entrances are provided for the residential and non-residential uses.

(16) Automobile service station provided it conforms to all general parking and landscaping requirements.

(17) Grocery stores and convenience stores whose primary function is the retail of food and sundry products.

(D) Accessory uses. Any accessory use or building customarily incidental to permitted uses may be permitted.

(F) Storage/shipping containers. Storage/shipping containers, portable or mobile units are not considered to be used for rental, or small storage facilities that are offered for use to the public.

(G) Signs. As permitted in § 80.201 of this chapter.

(Order. 88-12 Art. 4. (4.061-4.064), 1988; Am. Ord. passed 10-2-23; Am. Ord. passed 1- -24)

§ 80.106 B-2 - COMMERCIAL DISTRICT

(D) Principal permitted uses. Other uses substantially similar to those listed herein shall also be deemed permitted.

(1) Retail businesses or services, unless prohibited herein.

(2) Personal services, unless prohibited herein.

(3) Offices, clerical or research facilities.

(4) Motor vehicle sales and services.

(5) Hotels and motels.

(6) Car washes.

(7) Veterinarians or kennels, providing such structure is one hundred (100) feet from any residential zone.

(8) Restaurants, convenience stores or fast-food establishments.

(9) Type I or Type II childcare centers.

(10) Places of amusement, assembly, or commercial recreational facilities.

(11) Public buildings, churches, trade, or vocational schools.

(12) Wholesale or retail outlet stores.

(14) Medical offices, clinics, and hospitals.

(15) Athletic club facilities.

(16) Schools for academic instruction.

(17) Pawnshops.

(18) Taxidermy establishments.

(19) Garden centers.

(20) Banks, credit agencies, security and commodity brokers, credit institutions, savings, and loans, holding and investment companies.

(21) Barber and beauty shops.

(22) Business colleges, technical or trade schools and institutions.

(24) Automobile service stations are subject to all parking and landscaping requirements of this chapter.

(25) Laundromats.

(26) Indoor amusement establishments and arcades.

(28) Churches.

(29) Residential use provided those residential units are not mixed with nonresidential uses on the same floor unless separate entrances are provided for the residential and non-residential uses.

(E) Conditionally permitted uses requiring board of adjustment authorization.

(2) The board of adjustment may attach such conditions to its approval as are deemed necessary to protect and preserve the character of the district.

(F) Accessory buildings and uses. Any accessory buildings or uses customarily incidental to the permitted uses may be permitted.

(H) Storage/shipping containers. Storage/shipping containers, portable or mobile units are not considered to be used for rental, or small storage facilities that are offered for use to the public.

(J) Required conditions.

(2) Access to streets and highways. As required in § 80.042 of this chapter.

(K) Lot area, frontage, and yard requirements.

(1) Minimum dimensional requirements:

Lot area No set dimensions

Frontage No set dimensions

Front depth 25 feet

(a) In commercial districts along federal aid highways, buildings may be no closer to the highway right-of-way than fifty (50) feet.

Side yard widths No set dimensions

Rear yard depth No set dimensions

(c) However, if the lot bounds on an alley, there shall be a rear depth sufficient for loading, unloading, and access for emergency vehicles such as fire trucks.

(2) All buildings on corner lots adjoining a residential district shall be located as to conform with corner lot side yard requirements of said residential district.

(K) Sign and/or billboard regulations. Governed by § 80.201 of this chapter.

(Ord. 88-12 Art. 4 (4.071-4.076), 1988; Am. Ord. passed 10-2-23; Am. Ord. passed 1- -24)

§ 80.107 O-1 - OFFICE AND PROFESSIONAL BUILDING DISTRICT

(C) Accessory buildings and uses. Any accessory buildings or uses customarily incidental to permitted uses may be permitted.

(D) Lot area, frontage and yard requirements.

(1) Minimum dimensions:

Lot area	None
Frontage	None
Rear yard	25 feet
Side yards	10 feet
Front yard	25 feet