All existing and future structures and uses of premises within the city shall conform with all applicable provisions of this chapter. Each zoning district is established to permit only those uses specifically listed as permitted, except as hereinafter provided, and is intended for the protection of those uses.

(Ord. 794, passed 12-22-83; Am. Ord. 90-925, passed 7-26-90)

   (A)   There shall be no more than one principal structure and its accessory structures on any lot or parcel of land unless otherwise specifically permitted in this zoning code or unless a development plan is approved by the commission as provided for by this chapter.

   (B)   No accessory building to a principal building on the same lot shall be erected or modified for residential purposes unless specifically permitted under this chapter. In any case where there is doubt concerning whether or not an accessory structure or use is customarily incidental to the principal use of the premises, the Zoning Official shall request an interpretation by the Board of Zoning Adjustments.

   (C)   Accessory buildings in residential zones shall not exceed the lot coverage nor the total square footage of the building to which they are accessory.

   (D)   Where a corner lot adjoins in the rear a lot in a residential zone, no part of an accessory building within 25 feet of the common lot line in the rear shall be nearer a side street lot line than the least depth of any front yard existing or as required, whichever is less, along such side street for a principal building on such adjoining lot, and in no case shall any part of such accessory building be closer to the side street lot line than the main building to which it is accessory.

   (E)   Only those uses specifically permitted or substantially similar to permitted uses are permitted in each zone or district, and all uses specifically prohibited or substantially similar to prohibited uses are prohibited.

   (F)   No structure shall be erected on any lot or tract of land which does not adjoin and have direct access to a street or other right-of-way for at least 20 feet unless otherwise specifically permitted in this zoning code.

   (G)   The conversion of any building into a dwelling, or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families shall be permitted only within a zone in which a new building for similar occupancy would be permitted under this zoning code, and only when the resulting occupancy will comply with the requirements governing new construction in such zone with respect to minimum lot size, floor area, dimensions of yards and other open spaces, and off-street parking. Each conversion shall be subject also to such further requirements as may be specified hereinafter applying to such zone. The aforesaid requirements with respect to yards and other open spaces shall not apply if the conversion will not involve any exterior structural changes.

(Ord. 794, passed 12-22-83; Am. Ord. 90-925, passed 7-26-90; Am. Ord. 92-977, passed 5-28-92) Penalty, see § 156.999

   (A)   No part of a yard, open space, off-street parking, loading space, or other special use area required about or in connection with any building or land for the purpose of complying with this code, shall be included as part of a yard, open space, off-street parking, loading space, or other special use area similarly required for any other building or land unless otherwise specifically permitted in this zoning code.

   (B)   No yard or lot existing at the time of adoption of this zoning code shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the adoption of this zoning code shall meet at least the minimum requirements established by this zoning code.

   (C)   Within the area defined by the intersection of any two right-of-way lines extended of streets or a street and railroad and a straight line intersecting those two right-of-way lines at points fifty (50) feet from their intersection, no obstructions to vision between a height of two and one-half (2-1/2) feet and twelve (12) feet above the imaginary plane defined by those three (3) points of intersection shall be permitted. This provision does not apply to buildings permitted within the B-3 Central Business District. (See the illustration below.)

   (D)   Double-frontage lots shall, on both of the adjacent streets, meet the front-yard regulations of the district in which they are located.

   (E)   The front yard on corner lots shall be as designated for the front yard facing the principal street and at least twenty-five (25) feet for the front yard facing the secondary street.

(Ord. 794, passed 12-22-83; Am. Ord. 90-925, passed 7-26-90; Am. Ord. 91-952, passed 7-25-91; Am. Ord. 95-1070, passed 12-28-95) Penalty, see § 156.999

   It shall be unlawful to construct any building or to occupy any mobile home or manufactured home without water supply and sewage disposal facilities approved by the city.

(Ord. 794, passed 12-22-83; Am. Ord. 90-925, passed 7-26-90; Am. Ord. 95-1070, passed 12-28-95) Penalty, see § 156.999

   (A)   Off-street parking space regulations for automobiles. Off-street parking space for automobiles shall be provided for all buildings and uses in accordance with the following regulations:

      (1)   General standards. General standards for automobile off-street parking space are as follows:

         (a)   Off-street parking space shall be provided on the premises so that there will be no generation of automobile parking on any street.

         (b)   Off-street parking space shall be provided with vehicular access to a street or alley.

         (c)   All off-street parking space access points on a public street shall be subject to the following regulations:

            1.   There shall be only one (1) access point, not to exceed fifty (50) feet in width, or, two (2) access points, not to exceed thirty (30) feet in width each measured at the right-of-way line for commercial purposes, permitted on the public street on which the off-street parking space is located. There shall be only one (1) access point, not to exceed twenty-six (26) feet in width; or two (2) access points, not to exceed twenty-four (24) feet in width each measured at the right-of-way line for residential purposes, permitted on the public street on which the off-street parking space is located. The Board of Zoning Adjustments may, however, permit additional access points when such access points are justified and necessary and provided that the additional access points will not substantially increase traffic hazards or congestion. The zoning official shall apply to the Board of Zoning Adjustments for a decision when permits are requested in such cases.

            2.   All off-street parking space access points on a public street shall be located at least ten (10) feet measured at the right-of-way line from the end of the radius point of intersecting streets (typical radius 25 feet) but shall not, however, be permitted to be located on the adjacent or intersecting street right-of-way. The zoning official shall apply to the Board of Zoning Adjustments for an original interpretation whenever there is doubt concerning the radius points of intersecting streets or in cases where this provision cannot be applied literally.

            3.   All off-street parking space access points on a public street shall be located at least ten (10) feet apart (measured at the right-of-way line).

            4.   All off-street parking space points on a state or federal road or highway shall be approved by the Kentucky Department of Highways. In such cases the applicant for a building permit shall provide the Zoning Official with written approval from the State Department of Highways prior to the issuance of a building permit.

         (d)   Off-street parking space shall be provided on the premises at the ratio of one hundred and eighty (180) square feet per parking space required excluding drive aisle. Recommended actual 900 parking space size is 9 ft. x 20 ft. with 24 ft. aisle between spaces or an 18 ft. aisle for single row spaces.

         (e)   Parking, loading, and unloading space and access thereto shall be surfaced in a manner adequate to eliminate dust and mud. All residential driveways shall be paved with asphalt, concrete, brick or stone.

         (f)   In all business, multi-family, and professional office zones where required parking areas are provided for five (5) or more vehicles or contain more than 1,800 square feet of area or are enlarged or expanded to provide for five (5) or more vehicles or to contain more than 1,800 square feet of area, they shall be paved with an asphalt, concrete, brick or other properly bound surface, so as to be durable and dustless. Each parking space shall be physically delineated on the surface of the parking area. The developer shall have one (1) year from date of parking lot construction to complete the bound surface.

      (2)   Off-street parking standards. The following standards comprise the minimum off-street parking requirements for the common types of buildings and uses listed:

 

      (3)   Interpretation of automobile off-street parking space required. The Board of Adjustments shall interpret the amount of off-street parking space required for any building or use, assisted by the off-street parking standards. In either case the zoning official shall apply to the Board of Zoning Adjustments for an original interpretation.

      (4)   Exception to automobile off-street parking space required on the premises. If approved by the Board of Adjustments, off-street parking space required for any building or use may be located off the premises but within walking distance of 400 feet from the premises it serves or may be consolidated into a large parking area serving other buildings and uses. The zoning official shall apply to the Board of Zoning Adjustments for a decision when building permits are requested in such cases. The Board of Zoning Adjustments shall not authorize the total amount of parking space required for all buildings and uses to be diminished except in cases where a consolidated parking area serves buildings or uses which do not generate automobile parking at the same time such as churches and stores. Total parking spaces in such cases may be diminished only to the maximum required by those buildings and uses which do generate the parking of automobiles at the same time. The Board of Zoning Adjustments may require a plat, deed, and any other proof necessary to show that required parking space, if located off the premises it serves, is controlled by and available to the applicant for a building permit. Such off-street parking space shall be maintained, required, and regulated as if it were actually located on premises of the permitted use it is designed to serve.

      (5)   Exception to automobile off-street parking space required in the B-3 Central Business District. The requirement for automobile off-street parking space within the B-3 Business District may be waived provided the following determinations are made.

         (a)   Construction of the required automobile off-street parking space on the premises would prevent the continuous development of a compact and coordinated row of commercial buildings fronting on an already established commercial block or shopping area.

         (b)   The required automobile off-street parking space cannot be reasonably provided off the premises in accordance with divisions (A) (3) and (5) hereof.

         (c)   The principal building and use proposed is not designed or oriented to providing sales or services to persons remaining in automobiles or similar vehicles.

         (d)   Construction of the required automobile off-street parking space would detract from the overall shopping desira-bility of the adjoining buildings and premises and would result in the incompat-ible mixing of vehicles, buildings, and pedestrian shoppers.

         (e)   Off-premise parking is available within walking distance of 400 feet from the premises it serves. Such off-street parking space shall be maintained, required, and regulated as if it were actually located on premises of the permitted use it is designed to serve.

      (6)   Existing nonconforming automobile off-street parking space. Existing off-street parking space provided for any building or use at the time of adoption of this chapter shall not thereafter be reduced unless it exceeds the requirements of this chapter. Any existing building or use not provided with conforming off-street parking space shall be provided with off-street parking space in conformance with this chapter at the time of any structural alteration of the building or expansion of the use.

   (B)   Off-street loading and unloading space regulations for trucks. All buildings and uses which generate regular trucking traffic shall be provided with sufficient off-street loading and unloading space on the premises so that they will generate no loading or unloading activity on their required parking spaces or on any street. Space shall also be provided for the servicing of buildings by refuse collection, fuel, and other service vehicles. Off-street loading and unloading spaces and service areas shall be adequate size and so arranged that they may be used without blockage or interference with the use of streets, accessways, or automobile parking facilities. Loading and unloading space and service areas should be at least 65 feet in depth, 12 feet in width, with an overhead clearance of not less than 14 feet. All loading and unloading space and service areas shall be provided with access to a street or alley as well as appropriate maneuvering areas. The Board of Zoning Adjustments shall interpret the amount of loading and unloading space required for any building or use whenever the zoning official is unable to apply this provision literally and applies to the Board of Zoning Adjustments for an original interpretation.

   (C)   Parking, loading and unloading zones. Minimum required parking: In every R-1 and R-2 zone, there shall be provided off-street parking space for each dwelling as specified in division (A) (2) (a) of this section; no such space shall be located within any required front yard and side street side yard unless it be in a paved area.

(Ord. 794, passed 12-22-83; Am. Ord. 90-925, passed 7-26-90; Am. Ord. 91-952, passed 7-25-91; Am. Ord. 92-977, passed 5-28-92; Am. Ord. 95-1070, passed 12-28-95; Am. Ord. 2001-1250, passed 7-26-01; Am. Ord. 2019-1789, passed 10-24-19; Am. Ord. 2023-1844, passed 5-25-23) Penalty, see § 156.999

   Coordination with subdivision regulations. In all cases where the ownership of land is divided for the purpose of general development of lots of any kind, residential, commercial, industrial, the provisions of Chapter 155 shall apply in addition to the provisions of this chapter. It is desirable that access points to manor streets serving all zoning districts be located no more frequently than once every 1/16 mile to 1/8 mile. Topographical and traffic volumes shall determine the exact locations, heavy volume requiring greater spacing. Along any major street where subdivided land and its minor streets are not sufficiently developed to permit acceptably spaced access points, the Planning Commission may approve the plat-ting of temporary access points which shall be eliminated by the developer when minor streets or marginal access streets are extended to the permanent access points.

(Ord. 794, passed 12-22-83)

   Fraternity or sorority houses, other than those permitted within the University District, are permitted only in those zoning districts where they are designated as a conditional use under the zoning district regulations. In addition to conforming with all conditional use regulations and all other provisions of this chapter, fraternity or sorority houses located outside of the University District shall be subject to the following regulations.

   (A)   At least 15,000 square feet of land area shall be required before any fraternity or sorority house may be approved as a conditional use.

   (B)   Centralized kitchen facilities may be provided in the fraternity or sorority house; however, no provision shall be made for kitchen facilities in any individual student's room or suite. This provision does not apply to separate kitchen facilities which may be provided in the resident manager's or supervisor's room or suite.

   (C)   One sign, not over eight square feet in area, identifying the fraternity or sorority house on the premises shall be permitted.

   (D)   A landscaped separation strip, at least five feet in width, shall be provided along all adjoining property lines. The fraternity or sorority house shall be permanently screened from adjoining ad contiguous properties by a wall, fence, evergreen hedge, or other approved enclosures, except in cases where the adjoining and contiguous property is another fraternity or sorority house. Such screening shall be located within the required separation strip and shall have a minimum height of 4-1/2 feet and a maximum height of seven feet.

(Ord. 794, passed 12-22-83; Am. Ord. 90-925, passed 7-26-90) Penalty, see § 156.999

   Junkyards are regulated by the State Department of Transportation. Screening shall be maintained in compliance with requirements of KRS Chapter 177. All junkyards operating inside the city limits must maintain valid permits to operate issued by the State Department of Transportation. Junkyards are not allowed in any zone as a permitted use and are conditional only in the B-2 Zoning Districts.

(Ord. 794, passed 12-22-83; Am. Ord. 90-925, passed 7-26-90) Penalty, see § 156.999