(A)   General.

      (1)   Intent. It is the intent of this section to regulate signs. A permit for the installation of any sign is required unless otherwise provided for in this section. Permits must be obtained from the Zoning Official before installation of any type of sign. Failure to obtain a permit can result in the Zoning Official having the sign removed at the owner’s expense. If the owner fails to pay for such removal, the city may attach a lien to the lot on which the sign is located.

      (2)   Purpose. Signs perform an important function in identifying and promoting properties, businesses, services, residences, events, and other matters of interest to the public. This section regulates all signs within the city to ensure that they are appropriate for their respective uses, in keeping with the appearance of the affected property and surrounding environment, and protective of the public health, safety, and general welfare. The sign regulations of this section are intended to balance the following differing, and at times, competing goals:

         (a)   To support the desired character of the city, as expressed in adopted plans, policies, and regulations;

         (b)   To promote an attractive visual environment;

         (c)   To encourage the effective use of signs as a means of communication for businesses, organizations, and individuals;

         (d)   To provide a means of way-finding for visitors and residents;

         (e)   To provide for reasonable business identification, advertising, and communication;

         (f)   To prohibit signs of such excessive size and number that they obscure one another to the detriment of the economic and social well-being of the city and its residents, property owners, and visitors;

         (g)   To protect the safety and welfare of the public by minimizing hazards for motorized and non-motorized traffic;

         (h)   To minimize the possible adverse effects of signs on nearby public and private property;

         (i)   To provide broadly for the expression of individual opinions through the use of signs on private property; and

         (j)   To ensure that the constitutionally guaranteed right of free expression is protected.

      (3)   Scope and applicability. All signs within the city are subject to the regulations of this section and all other applicable provisions of this chapter.

      (4)   Content neutrality. Any sign permitted under this code shall allow the communication of information for commercial and non-commercial purposes without regulating the content, as long as the sign complies with all size, height, and location, as well as other applicable requirements of this code, and does not bear or contain statements, words, or pictures of obscene or pornographic subjects.

      (5)   General rules for reading and applying the language of this section. Regulations are no more strict than stated. It will be up to the Zoning Official and/or designee to comprehend the code and apply it. The action of the Code Enforcement Officer is final unless appealed as provided in division (L)(2).

      (6)   Hierarchy of regulations. Where there is a conflict between a land use regulation and a structural regulation, or other conflicts not otherwise addressed by this chapter, the most restrictive applies.

      (7)   Severability. If any word, sentence, section, chapter, or any other provision or portion of this code or rules adopted hereunder is invalidated by any court of competent jurisdiction, the remaining words, sentences, sections, chapters, provisions, or portions will not be affected and will continue in full force and effect.

   (B)   Permit requirements, procedures, and fees.

      (1)   Permit required. Unless a particular sign is exempt from the permit requirement under an explicit provision of this section or other applicable law, then a permit for such sign is required.

      (2)   Replacements. If any sign is removed and any new sign is erected in its place, a permit shall be obtained the same as if a new sign were erected at a new location, subject to all requirements enumerated herein.

      (3)   Maintenance. If any sign is removed for maintenance and replaced on the same supports, a new permit will not be deemed necessary if the size or type of sign is not changed.

      (4)   Relocation of signs. If any sign is removed from one location and erected at a new location, a new permit shall be obtained.

      (5)   Alteration. Alteration or enlargement of any sign shall require a permit the same as for a new sign.

      (6)   Application. No permit shall be granted until and after an application has been filed with the designated Zoning Official, showing the plans and specifications, including dimensions, materials, and details of construction of the proposed structure and meeting all provisions of this section.

      (7)   Application form. The Zoning Official shall prepare and provide a form to be used as an application for a sign permit. The same form may constitute a permit, when duly approved. Multiple signs may be listed on a single permit only when they are all on the same lot or parcel.

      (8)   Information on application. The sign application form may call for disclosure of any of the following information, but not limited to:

         (a)   Name and contact information for the applicant, and if separate, the name, address, and consent of the property owner;

         (b)   Street address;

         (c)   A site plan and/or building elevations showing the location of the proposed sign(s) on the lot and/or building, including setbacks; and

         (d)   Detailed sign information including type of construction, method of illumination, dimensions, copy, method of mounting and/or erecting, and other similar information. The content of the message or speech displayed on the sign shall not be considered when approving or denying a sign permit; however, the content must be submitted to evaluate the sign copy area. See division (A)(4) for more information.

      (9)   Incompleteness. Initial review of an application will be for the purpose of determining if the application is complete. If the application is found incomplete, written notice thereof will be given within seven (7) business days of submission, detailing the points of incompleteness, provided contact information has been provided. Notice is deemed effective when mailed, emailed, or personally delivered. After notice of incompleteness, the applicant shall have ten (10) business days in which to resubmit the application, with all noticed items of incompleteness corrected. Upon timely re-submission, a new application fee is not required.

      (10)   Time for decision. The Zoning Official shall render a decision on each complete sign permit application within ten (10) business days of when the application was complete.

      (11)   Noncompliance with permit. All signs must conform to the requirements of that permit and all other applicable laws. Any sign not erected or constructed as represented on the application upon which the permit was issued shall not be construed as a hardship case, but shall be construed as a misrepresentation of facts on the application and a violation of this section. The owner or agent shall be given a two (2) week notice to remove the sign or correct the error. Any noncomplying sign which is not removed or corrected within the required time shall be deemed a public nuisance and a violation of the zoning regulations, and may be abated in the same manner as any public nuisance or zoning regulation violation.

      (12)   Fees. Upon enactment of this section, future changes of fee schedules will be reviewed and set by the City Financial Committee and City Council. The current fee schedule is as follows:

         (a)   Freestanding or monument style sign: $50;

         (b)   Wall signage: $50;

         (c)   Temporary signage as described in division (D)(6): $10; and

         (d)   Changeable copy sign in addition and incorporated into a freestanding or monument style sign: $50.

   (C)   Sign regulations in residential districts.

      (1)   Applicability. The regulations of this division apply to signs in residential districts.

      (2)   Signs allowed. The following signs are allowed in residential districts in addition to any signs allowed pursuant to division (H)(1). On-premise roof signs, on-premise projecting signs, and all off-premises outdoor advertising signs are prohibited in residential districts.

         (a)    Apartments/condo buildings and neighborhood and subdivision identification signs.

            1.   Lots occupied by one (1) or more apartment/condo buildings with at least five (5) units are allowed a maximum of one (1) freestanding sign per street frontage and a maximum of one (1) wall sign per building. Wall signs may not exceed thirty-two (32) square feet.

            2.    Residential neighborhoods and residential subdivisions are allowed up to two (2) freestanding signs at each street entrance to the neighborhood or subdivision. Manufactured housing parks are allowed a single freestanding sign at each street entrance to the neighborhood or subdivision; and

            3.   The freestanding signs allowed by this division may not exceed thirty-two (32) square feet in area. Maximum height may not exceed eight (8) feet.

         (b)   Non- residential uses. The following regulations apply to all principal non-residential uses in residential districts.

            1.   Wall signs. Non-residential uses in residential districts are allowed a maximum of one wall sign per public building entrance. No individual wall sign may exceed thirty-two (32) square feet in area. Home occupations are only allowed one (1) non-illuminated wall sign, not to exceed four (4) square feet in area.

            2.    Freestanding signs. Non- residential uses in residential districts are allowed a maximum of one (1) freestanding sign per street frontage. Allowed freestanding signs are subject to a maximum height limit of eight (8) feet and may not exceed 32 square feet in area. Home occupations are prohibited from having a freestanding or monument sign.

            3.    Changeable copy signs. All electronic, digital, or dynamic display unit message boards are prohibited in residential districts. However, electronic reader boards may be allowed on a lot occupied by a permitted religious place of worship with approval of a conditional use permit by the Board of Zoning Adjustments, in residential districts. Electronic reader boards are subject to the following criteria:

               A.   All electronic, digital, or dynamic display unit message boards shall only be allowed as an incorporated part of a freestanding or monument type sign. Size will be calculated as part of the total square footage of the sign as a whole. It shall not exceed 30% of sign area. The overall sign face including the electronic reader board shall not exceed thirty-two (32) square feet in size;

               B.    Such technology shall be programmed so that the single message or image on the sign changes no more often than every two (2) seconds, with all messages or segments to be displayed within a total of thirty-two (32) seconds;

               C.    There shall be no effects of blinking, flashing, scintillation, or similar effects in the individual images;

               D.    Light monitors shall be installed, and shall at all times allow such monitors to automatically adjust the brightness level of the message board based on ambient light conditions; and

               E.   The maximum brightness level of all electronic, digital, or dynamic display unit message boards may not exceed 7,000 nits (candelas per square meter) during daylight hours or 1,000 nits between dusk and dawn (the time between sunset and sunrise); and shall only be operated between the hours of 7:00 a.m. and 7:30 p.m. unless otherwise expressly approved through the conditional use permit.

   (D)   Sign regulations in business districts.

      (1)   Freestanding signs. Only one (1) freestanding business sign shall be permitted with the size to be determined as follows:

 

      (2)   Monument sign corridor.

         (a)   Compliance requirement. Monument type signs shall be required on the monument sign corridor in place of freestanding signs along 12th Street from the southern city limits to the northern city limits and along Highway 121 Bypass North at the intersection of 12th Street, known as US Highway 641, to the western city limits. Freestanding signs existing on August 24, 2006 will be allowed to remain under the terms of division (I).

         (b)   Only one (1) monument type sign shall be permitted on 12th Street and 121 North Bypass, with the size to be determined as follows:

            1.   Not to exceed eighty (80) square feet in area, excluding base;

            2.   Overall height shall not exceed fourteen (14) feet;

            3.   All monument type signs in grassy areas shall be placed in a landscaped area;

            4.   Columns shall not exceed thirty (30) inches in width or depth. The base and columns shall be excluded when determining size; and

            5.   Refer to division (K) for rules of measurement.

         (c)   Frontage road. Only one (1) monument type sign shall be permitted with the size to be determined as follows:

            1.   Not to exceed 120 square feet in area, excluding base;

            2.   Overall height shall not exceed twenty (20) feet;

            3.   All monument type signs in grassy areas shall be placed in a landscaped area;

            4.   Columns shall not exceed thirty (30) inches in width or depth. The base and columns shall be excluded when determining size; and

            5.   Refer to division (K) for rules of measurement.

         (d)   Shopping centers. One (1) shopping center sign per street frontage with a minimum of three (3) acres and a minimum of five (5) tenant spaces located in a unified building or a group of buildings on a single lot of record. Monument type signs shall be permitted with the size to be determined as follows:

            1.   Not to exceed 300 square feet in area, excluding base;

            2.   Overall height shall not exceed (35) feet;

            3.   All monument type signs in grassy areas shall be placed in a landscaped area; and

            4.   Refer to division (K) for rules of measurement.

      (3)   Wall signs.

         (a)   One (1) wall sign shall be permitted for each tenant or lessee space, on the facade of the building with the size to be determined as follows:

 

 

         (b)   Single tenant buildings or tenants with double frontage lots, corner lots, or outer walls will be allowed one (1) additional wall sign for each side and rear facade with size to be calculated as stated above.

         (c)   Wall signs that are placed on the rear and/or side facade and share a property line with an existing residential use or residentially zoned vacant lot or lots shall not be externally or internally illuminated.

         (d)   The total area of a canopy sign will be determined in conjunction with the allowable wall signage for each.

      (4)   Central Business District. Only one (1) wall sign or projecting sign is allowed where the right-of-way does not permit a freestanding sign.

         (a)   A wall sign shall not exceed sixty (60) square feet;

         (b)   A projecting sign shall be permitted, provided it does not exceed a surface area of twelve (12) square feet;

         (c)   A projecting sign shall be at least nine (9) feet above ground level, but shall not project above the roof or parapet line;

         (d)   The front edge of a projecting sign must not project closer than two (2) feet inside the street curb; and

         (e)   Wall signs must be flush-mounted on flat surfaces in such a way that they do not destroy or conceal architectural features or details.

      (5)   Changeable copy sign regulations. Automatic changeable copy signs shall be allowed in all business districts where freestanding or monument signs are permitted, except where frontage lots are adjacent to residential and/or agricultural districts. Automatic changeable copy signs are not permitted in rear lots unless approved by the Board of Zoning Adjustments.

         (a)   All electronic, digital, or dynamic display unit message boards shall only be allowed as an incorporated part of a freestanding or monument type sign. Size will be calculated as part of the total square footage of the sign as a whole. It shall not exceed 30% of sign area;

         (b)   Such technology shall be programmed so that the message or image on the sign changes no more often than every two (2) seconds, with all messages or segments to be displayed within a total of thirty-two (32) seconds;

         (c)   There shall be no effects of blinking, flashing, scintillation, or similar effects in the individual images;

         (d)   Light monitors shall be installed and shall at all times allow such monitors to automatically adjust the brightness level of the message board based on ambient light conditions;

         (e)   The maximum brightness level of a dynamic display may not exceed 7,000 nits (candelas per square meter) during daylight hours, or 1,000 nits between dusk and dawn (the time of day between sunset and sunrise);

         (f)   All existing and proposed changeable copy, electronic, digital, or dynamic display unit message boards shall come into compliance with the regulations of this section within twenty-eight (28) business days of adoption of this section, except where exempt for size that was previously granted by the Board of Zoning Adjustments; and

         (g)   Shopping centers with a minimum of five (5) tenants are allowed a maximum of sixty (60) square feet for a changeable copy, electronic, digital, or dynamic display unit message board to be calculated as part of the total square footage and shall only be allowed as an incorporated part of the shopping center’s freestanding or monument type sign.

      (6)   Temporary signs. The following non-illuminated temporary signs are permitted in all business districts with approval of a sign permit.

         (a)   One (1) a- frame sign or t-frame sign may be allowed for each business to be located no further than ten (10) feet away from the business door entrance, limited to three (3) feet in height by two (2) feet in width, each permit allowed for no longer than one (1) year. The sign may not block sidewalk traffic or traffic visibility, and may only be put out during business hours. An annual temporary permit fee is required.

         (b)   One (1) banner per parcel, not to exceed thirty-two (32) square feet or six (6) feet in height may be allowed for fourteen (14) days, per sign permit and up to one hundred eighty (180) days per year. Temporary sign fees apply.

         (c)   Pole banners may be allowed in private parking lots on existing light poles that are privately owned by the property owner, with prior approval from the property owner. Pole banners are not to exceed six (6) square feet in area. An annual temporary permit fee is required.

   (E)   Sign regulations in professional office districts. The following regulations for non-illuminated, indirectly illuminated, or directly illuminated signs shall apply:

      (1)   Wall signs shall not exceed thirty-six (36) square feet in area. One (1) wall sign per facade;

      (2)   One (1) freestanding or monument style sign shall not exceed thirty-six (36) square feet in area;

      (3)   A freestanding or monument style sign shall not exceed ten (10) feet in height; and

      (4)   Refer to division (K) for rules of measurement.

   (F)   Sign regulations in industrial districts. The following regulations for non- illuminated, indirectly illuminated, or directly illuminated signs shall apply:

      (1)   Wall signs shall not exceed eight percent (8%) of the square footage of the facade of the building. One (1) wall sign per facade;

      (2)   One (1) freestanding or monument style sign shall not exceed eighty (80) square feet in area;

      (3)   A freestanding or monument style sign shall not exceed twenty-four (24) feet in height; and

      (4)   Refer to division (K) for rules of measurement.

   (G)   Sign regulations in agricultural districts. The following regulations for non- illuminated, indirectly illuminated, or directly illuminated signs shall apply:

      (1)   Wall signs shall not exceed twelve (12) square feet in area. One (1) wall sign per facade;

      (2)   One freestanding sign shall not exceed thirty-two (32) square feet in area;

      (3)   A freestanding sign shall not exceed eight (8) feet in height; and

      (4)   Refer to division (K) for rules of measurement.

   (H)   Exempt and prohibited signs.

      (1)   Exempt signs.

         (a)   The following signs or sign-like devices are allowed in all zoning districts without a permit, except where stated otherwise. Signs subject to this division shall conform to the requirements specified below:

            1.   Address numbers used for the purpose of identifying the address of any building shall not be counted toward allowed sign area;

            2.   Detached signs smaller than four (4) square feet in area and less than three (3) feet in height, and containing no commercial message or logo (for example, “enter” or “exit” signs);

            3.    Cornerstones, foundation stones, and memorial signs or tablets displaying the names of buildings and date of erection, when cut into any masonry surface or inlaid so as to be part of the building, or when constructed of bronze or other incombustible material, provided that no such sign shall exceed six (6) square feet in area nor shall any such sign be separately illuminated;

            4.    Commercial business window signage shall not exceed 25% of the window area to which they are affixed. Refer to division (K) for rules of measurement;

            5.   Any official sign, informational, directional sign, or historic marker erected by a public agency;

            6.   Signs on vehicles which are regularly used in the operation of a business;

            7.   Signs required by local ordinance, state, or federal statute;

            8.   Signs required by an order of a court of competent jurisdiction;

            9.   The flag or insignia of any nation, state, or city. Height restrictions are subject to each zoning district regulation for each individual lot;

            10.   Any sign installed in a building or enclosed space and not legible from the public right-of-way or from a private or public property other than the property on which it is located; and

            11.   Murals and artistic renderings may be permitted in all non-residential zones, with prior approval from the Board of Zoning Adjustments.

         (b)   The following non-illuminated temporary signs are permitted in all zoning districts without a sign permit, except where stated otherwise. Signs subject to this division shall conform to the requirements specified below:

 

 

            1.   Any temporary sign per parcel shall be located at least five (5) feet away from another temporary sign.

            2.    Materials of temporary signs shall be consistent with sign industry standards and in compliance with division (J).

            3.   All temporary signs shall comply with the requirements of division (H)(2).

         (c)   In districts where drive-through and drive-up facilities are allowed, menu boards or other instructional or informational devices related to the drive-through or drive-up facilities shall be allowed without a sign permit, provided that such a device is less than thirty-six (36) square feet in area and less than eight (8) feet in height for the primary sign. Secondary signs shall not exceed fifteen (15) square feet in area or six (6) feet in height. Menu boards existing prior to October 1, 2018 will be allowed to remain under the terms of division (I).

      (2)   Prohibited. Unless specifically authorized by another division of this section, or by other law, the following sign types are prohibited at all times in all zones:

         (a)   Billboards;

         (b)     Portable signs, including folding portable signs and flashing portable signs;

         (c)     Mobile signs or trailer signs;

         (d)   Pennants, streamers, or signs that move, rotate, or flap, or inflatable signs, and similar devices. This includes feather, teardrop, angled, or rectangle flags;

         (e)   Flashing or blinking signs;

         (f)   Signs attached to any tree, fence, or utility pole;

         (g)   Illuminated signs within fifty (50) feet of any residential zoning district;

         (i)   Signs painted directly on the wall of a building, except those stated in division (H)(1);

         (j)   Offsite signs. Signs displaying off-site commercial messages, except those stated in division (H)(1);

         (k)   Obstructing signs. Signs that obstruct, impair, obscure, interfere with the view of, or that may be confused with, any authorized traffic control sign, signal, or device;

         (l)    Roof signs . Signs for which a separate structure is mounted on a roof or parapet; this provision does not prevent signs which are integral to the building;

         (m)   Clearance. Signs located nearer than eight (8) feet vertically, or four (4) feet horizontally from overhead electric wires or conductors, and/or refer to local governing body for electrical to meet precise requirements of the National Electric Code;

         (n)   Blocking. Signs that obstruct any fire escape, required exit, window, or door opening used as a means of egress;

         (o)   Annoyances. Signs which are or which have become nuisances by virtue of light reflection or diffraction, glare, focus, noise, smoke, fumes, animation, flashing, or intensity of illumination, when any such feature, without regard to the message displayed on the sign, is unduly disturbing to surrounding properties or to the public generally;

         (p)    Encroachments. Signs which are mounted or displayed on public property or the public right-of- way, or which project over, into, or above the public right-of-way; and

         (q)   Setback. Signs mounted so that any portion of the physical structure encroaches the required setback.

   (I)   Non-conforming signs. Non-conforming signs in place prior to October 1, 2018 may remain subject to the following provisions.

      (1)   Non-conforming signs must be maintained in good repair and safe condition, in accordance with division (K). No permits may be issued for upgrades or modifications to non-conforming signs.

      (2)   If a sign is non-conforming by reason of restrictions on its brightness or illumination, or its use of strobe or beacon lights, the sign must be immediately removed or made to conform within twenty- eight (28) business days.

      (3)   If a non- conforming sign is damaged or partially destroyed to the extent of more than 50% of its replacement cost at the time of damage, the sign must be removed or made to conform to all applicable regulations within ninety (90) days of the date of the damage or destruction. The building inspector may make a determination on what exceeds 50% of replacement cost.

      (4)   If a business is discontinued, any non-conforming sign that exists must be removed within twenty-eight (28) business days. Any new business occupying the same location must conform to the regulations of this section.

   (J)   Design, construction, and maintenance.

      (1)   Design and construction.

         (a)   All signs and sign structures shall be constructed of materials of sufficient strength and quality to withstand weathering or deterioration by wind, moisture, and other natural elements, and shall be maintained in a state of good repair with all braces, bolts, supporting framework, fastenings, letterings, and design work free from deterioration.

         (b)   Signs shall not be lettered in an unprofessional fashion.

         (c)   All signs shall comply with applicable provisions of the most current Kentucky Building Code.

         (d)   All signs shall be constructed in such a manner and fastened in such a way to prevent movement by wind pressure.

         (e)   All permanent signs must be located at least ten (10) feet away from all property lines and/or public rights-of-way. No temporary sign may be located within the public right-of-way.

         (f)   Freestanding or monument signs in grassy areas shall be constructed with landscaped areas around the entire sign.

         (g)   A sign containing wood in its structure, face, frame, or any part thereof, shall be painted or stained.

         (h)   Any property owner that owns or rents a property to a business that is no longer occupying the premises where a business sign is located shall have the sign removed within twenty-eight (28) business days after the closing of the business. The wall where the sign was removed shall be repaired or repainted to match the rest of the building within ninety (90) days of the business closing. Panels of a free-standing or monument sign shall be removed and replaced with a blank panel within this same twenty-eight (28) day period. The display of a changeable copy sign shall be turned off. The frame of a free-standing sign or monument sign may stay in place up to twelve (12) months. After this twelve (12) month period, the frame and any supporting pole(s) shall be removed.

         (i)   Any pole on a property that was previously used for a freestanding sign must be removed within two (2) years of abandonment.

      (2)   Maintenance.

         (a)   All signs shall be maintained in good structural condition, in compliance with all building and electrical codes, and in conformance with these regulations at all times.

         (b)   All signs must be maintained in good condition at all times and the Zoning Official or designee, and/or Code Enforcement Official shall have the authority to order the repair, repainting, alteration, or removal of any sign which is a nuisance to the community by reason of dilapidation, obsolescence, or inadequate maintenance.

   (K)   Rules of measurement.

      (1)   Sign area. The area of a sign enclosed in a frame or cabinet whether freestanding, monument, or wall sign is determined based on the outer dimensions of the continuous perimeter surrounding the sign face.

         Area = H x W

            or

         Area = 3.14 x radius2

      (2)   Channel (individual) letter signs. The area of a sign comprised of individual letters or elements attached to a building wall or window is determined by calculating the area of the smallest geometric figure that can be drawn around the letters and/or elements. Signs consisting of individual letters and/or elements will be measured as one sign. Below is an example of such measuring rules.

      (3)   Multi-sided signs. When the sign faces of a multi- sided sign are parallel or within ten (10) degrees or twenty-four (24) inches of parallel, only one (1) side is counted for total sign area. If the sign faces are not parallel or within ten (10) degrees or 24 inches of parallel, all sign faces are counted for total sign area.

      (4 )    Sign height . The height of a sign shall be computed as the distance from bottom of the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the average grade level of lot frontage after construction.

      (5 )    Illumination and luminance. Sign illumination in foot-candles is measured two (2) feet from the sign face. For the purpose of verifying compliance with maximum brightness level limits expressed in nits, brightness levels must be measured with the dynamic display set to run full white copy with a luminance meter positioned at a location perpendicular to the sign face center. When taking the luminance reading, the sign face must be the only subject visible in the viewfinder.

      (6)   Window area. The area of a window includes only the glass or glazed elements of the window. Frames, mullions, and similar features are not counted as part of the window area.

   (L)   Violations and appeals.

      (1)   Violations.

         (a)   This section shall be enforced under the provisions of Chapter 40. Any person who so violates this section or fails to comply with any of its requirements including the compliance with any official notice of violation, shall be subject to a fine as detailed in § 40.39.

         (b)   The following are examples of violations, however this list is not all- inclusive:

            1.   To install, create, or erect any sign requiring a sign permit without such permit;

            2.   To install, create, or erect any sign in a way that is inconsistent with any plan or permit governing such sign or the zoned lot on which the sign is located;

            3.   To fail to remove any sign that is installed, created, or erected in violation of this section, or for which the sign permit for such sign has lapsed; and/or

            4.   To continue any such violation. Each day of a continued violation shall be considered a separate violation when applying the penalty portions of this Zoning Code. A separate civil fine shall be assessed for each day a violation continues.

      (2) Appeals.

         (a)   Appealing a Zoning Official’s action or decision. Appeals to the Board of Zoning Adjustments may be made by any person or entity claiming to be injuriously affected or aggrieved by an official action or decision of the Zoning Official. Such appeal shall be made within 30 days after the appellant or his agent receives notice of the action appealed from, by filing with said officer and with the Board a notice of appeal specifying the grounds thereof, and giving notice of such appeal to any and all parties of record. Said officer shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was made and shall be treated as and be the respondent in such further proceedings. At any hearing by the Board any interested person may appear and enter his appearance and all shall be given the opportunity to be heard. The Board shall fix a reasonable time for hearing the appeal and give public notice in accordance with KRS Chapter 424, as well as written notice to the appellant and the Zoning Official at least one week prior to the hearing, and shall decide it within 60 days. The affected party may appear at the hearing in person or be represented by an attorney.

         (b)   Notice of violation appeals. Refer to § 40.35 for further information.

(Ord. 794, passed 12-22-83; Am. Ord. 89-896, passed 6-22-89; Am. Ord. 90-925, passed 7-26-90; Am. Ord. 92-971, passed 2-27-92; Am. Ord. 92-979, passed 6-25-92; Am. Ord. 93-1011, passed 9-10-93; Am. Ord. 97-1112, passed 7-10-97; Am. Ord. 97-1131, passed 10-23-97; Am. Ord. 2005-1373, passed 3-24-05; Am. Ord. 2006-1417, passed 8-24-06; Am. Ord. 2006-1418, passed 8-24-06; Am. Ord. 2008-1457, passed 2-28-08; Am. Ord. 2018-1756, passed 5-24-18; Am. Ord. 2018-1765, passed 11-20-18; Am. Ord. 2021-1808, passed 5-27-21; Am. Ord. 2023-1844, passed 5-25-23) Penalty, see § 156.999

   (A)   Intent. The intent of this section of the zoning code is to provide for the use of mobile homes and mobile home parks within the city. It is intended to provide a blend between dwellings and mobile homes such that neither will create a nuisance to the other. Because of their unusual characteristics, mobile homes pose special problems in the application of land use control techniques and require special consideration as to their proper location and character in relation to adjacent uses and to the development of the community, and use to the circumstances and conditions under which each use may be permitted. The standards contained in this provision represent an attempt to provide adequate protection for, and consideration of, consideration of, both the community and the mobile home dweller.

   (B)   The following regulations are provided for the purposes outlined above.

      1.   Mobile home parks. Mobile home parks may be permitted only in those zoning districts where they are designated as a conditional use under the zoning district regulations. A mobile home park shall be defined as used in KRS 219.320(5) "mobile home parks." All mobile home parks shall conform with all provisions of KRS 219.310 to 219.410 and shall conform with all applicable provisions of this zoning code.

         (a)   Plat. A plat shall be submitted to the zoning official along with the conditional use permit application. The plat shall conform with the Department for Human Resources, Bureau for Health Services (902 KAR 15.010 - effective date 2/5/75).

         (b)   Uses. The premises of a mobile home park shall be used for mobile homes and those accessory buildings and uses specifically designated in the approved conditional use permit only.

         (c)   Compatibility. The tract of land must be suitable for a mobile home park by virtue of its location, shape, topography, and the nature of surrounding development.

         (d)   Screening. A landscaped separation strip at least five feet in width shall be provided along all property lines and public streets on which the project is located. The Board of Zoning Adjustments may also require that the mobile home park be permanently screened from adjoining and contiguous properties by a wall, fence, evergreen ridge, and/or other approved enclosures. Such screening, if required, shall conform to the screening section of this chapter and be located within the required separation strip.

         (e)   Construction permit required. The zoning official shall not issue a building permit for an approved mobile home park until the applicant presents a valid construction permit from the State Department of Health as required by KRS 219.350, and has agreed in writing to the conditions imposed by the Board of Zoning Adjustments.

         (f)   Operators permit required. The zoning official shall not issue a certificate of occupancy for an approved mobile home park until the applicant presents a valid operators permit from the State Department of Health as required by KRS 219.330, and has fulfilled all conditions imposed by the Board of Zoning Adjustments.

         (g)   Existing mobile home parks. All existing mobile home parks legally operating within the corporate limits of the city at the time of the passage of this chapter may continue to operate as existing nonconforming structures and uses, but shall be required to maintain a valid operating permit as required under KRS 219.340, and shall not expand or intensify their use without bringing such mobile home into compliance with this Chapter.

      2.   Classification of manufactured/mobile homes.

         (a)   The following classification standards apply:

            (1)   Class A. A manufactured home certified as meeting the Mobile Home Construction and Safety Standards of the Department of Housing and Urban Development, Residential and Commercial Designed Home Placed on a Permanent Foundation.

            (2)   Class B. A manufactured/mobile home certified as meeting the Mobile Home Construction and Safety Standards of the Department of Housing and Urban Development, standard Designed Home Placed on a Temporary or Permanent Foundation.

            (3)   Class C. A manufactured/mobile home unit built before the HUD Code (1976).

         (b)   Permitted placement.

            (1)   The establishment, location, and use of a Class A manufactured home as a permanent structure approved individually, by specific materials, or by design, shall be permitted in any district permitting a dwelling unit, or commercial building, subject to the requirements applying to residential uses and commercial uses in the district and provided the structure shall meet the exterior appearance standards, as hereinafter set forth in subsection C. A building permit shall be required for all applications for use. Applications for approval shall be submitted to the Department of Planning and Engineering on such forms as they may require to make a determination.

            (2)   The establishment, location, and use of a Class B and C manufactured homes as a permanent residence approved individually by specific materials, or by design, shall be permitted subject to the requirements of this code only in R-3A zones in mobile home parks approved as conditional uses.

      (3)   Temporary placement for emergency situations. The Zoning Official shall have the authority to allow the placement of manufactured/ mobile homes as an accessory to or temporary replacement of a structure in all zones, except in residential zones. The Zoning Official shall grant such authority only on a temporary basis in hardship cases for a period not to exceed ninety (90) days. Any request for a time period exceeding ninety (90) days or for an extension of a previously granted request shall be submitted to the Planning Commission for approval.

   (C)   Exterior Appearance Standards.

      (1)   Residential. Class A Manufactured Homes for residential purposes shall:

         (a)   Meet all requirements for lot, yard, building, and other requirements for the district in which it is located.

         (b)   Be placed on a permanent foundation.

         (c)   Be anchored to a solid continuous foundation of concrete, concrete blocks, or other permanent materials.

         (d)   Be anchored to the ground in accordance with the manufacturer's specifications.

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

         (f)   Have utilities connected in accordance with the manufacturer's specifications.

         (g)   Have siding material which looks like the type used on site-constructed residences.

         (h)   Have a pitch roof of not less than one (1) foot of rise for each four (4) feet of horizontal run and have roofing material of a type used on site-constructed residences. Eaves with a minimum of six (6) inch overhang must be provided.

         (i)   Have a minimum width of the main body as assembled on the site of not less than twenty (20) feet measured across the narrowest portion.

         (j)   The home shall appear to face the public street.

         (k)   Have a living area with the square footage generally compatible to similar site-built housing in the vicinity.

         (l)   Disputes involving the Department of Planning and Engineering and an applicant concerning the design and construction compatibility of a unit to be located on a particular site shall be resolved by the Planning Commission prior to placement of said unit on the site.

      (2)   Commercial. Class A Manufactured Homes for all business, industrial, professional office and agricultural zoning districts shall:

         (a)   Meet all requirements for lot, yard, building, and other requirements for the district in which it is located.

         (b)   Be placed on a permanent foundation.

         (c)   Be anchored to a solid continuous foundation of concrete, concrete blocks, or other permanent materials.

         (d)   Be anchored to the ground in accordance with the manufacturer's specifications.

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

         (f)   Have utilities connected in accordance with the manufacturer's specifications.

         (g)   Have siding material which looks like the type used on site-constructed commercial buildings.

         (h)   Have a pitch roof of not less than one (1) foot of rise for each four (4) feet of horizontal run and have roofing materials of a type used on site-constructed buildings. Eaves with a minimum of six (6) inch overhang must be provided.

         (i)   Have a minimum width of the main body as assembled on the site of not less than twenty (20) feet measured across the narrowest portion.

         (j)   The home shall appear to face the public street.

         (k)   Disputes involving the Department of Planning and Engineering and an applicant, concerning the design and construction compatibility of a unit to be located on a particular site shall be resolved by the Planning Commission prior to placement of said unit on the site.

            3.   Major recreational equipment.

      (a)   No major recreational equipment shall be parked or stored on any lot in a residential district except in a garage or carport or in a required rear yard or in a required side yard where it is no closer than five feet to any building or lot line provided, however, that such equipment may be parked anywhere on residential premises for a period not to exceed 24 hours during loading or unloading. No such equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such use.

      (b)   Division (a) above may be modified or waived in unusual cases by the Board of Zoning Adjustments where it is shown that the requirements are impractical or impossible to meet. An application in writing must be filed with the Board of Zoning Adjustments outlining the reason for such request, and explaining why this case is different from others in the area. The Board will decide each case on its own merits without prejudice or precedent.

      (c)   No major recreational equipment shall be stored out of doors on residential premises unless it is in condition for sale and effective performance of the function for which it is intended or can be made so at a cost not exceeding the value of the equipment in its existing state. In no case shall any such equipment be so stored for a period of more than six months if not in condition for safe and efficient performance of the function for which it was intended.

(Ord. 794, passed 12-22-83; Am. Ord. 9-925, passed 7-26-90; Am. Ord. 94-1031, passed 9-22-94; Am. Ord. 95-1065, passed 11-21-95; Am. Ord. 96-1091, passed 11-4-96) Penalty, see § 156.999

   (A)   Intent. The intent of this chapter is to require buffering between noncompatible land uses; to protect, preserve, and promote the aesthetic appeal, character, and value of the surrounding neighborhood; to promote public health and safety through the reduction of noise, air pollution, unsightly areas, and artificial light glare.

   (B)   Definitions.

      (1)   "LANDSCAPING." Landscaping is considered to be the planting and maintenance of a lawn, in addition to some combination of evergreen, shrubs, hedges, vines, or flowers. The combination may include natural features such as rock and stone and structural features including, but not limited to, fountains, walls, fences, and benches.

      (2)   "FENCE". A structure consisting of rails, pickets, woven wire, hedges, or the like.

      (3)   "OPACITY." Opacity is the concealment of office, institutional, business, and industrial development from the view of adjacent residential or agricultural properties.

      (4)   "SCREENING." Screening is defined as decorative fences or walls, evergreen vegetation, or landscaped areas, which are set forth for the purpose of concealing the view of office, institutional, business, and industrial properties from adjacent residential or agricultural properties.

      (5)   "WALL". A structure consisting of stone, brick or the like.

   (C)   Sites affected by this chapter.

      (1)   New sites. No new site development, building structure, or vehicular use area shall hereafter be created and used unless landscaping is provided as required by the provisions of this chapter.

      (2)   Existing sites. No property lines shall be altered, nor shall any building, structure, or vehicular use area be expanded, unless the minimum landscaping required by the provisions of this chapter is provided for the property to the extent of its alteration or expansions, and not the entire property.

   (D)   Screening. For office, institutional, business, and industrial development when established on property adjacent to any residential, agricultural, or government zoning districts, the following shall apply.

      (1)   Screening shall be provided along all side and rear lot lines adjacent to a residential zone to extend to within ten feet of each street right-of-way line. However, screening may be omitted for office and institutional uses along any lot line or portion thereof, whenever a property is developed with a 25-foot landscaped yard adjacent to such lot line or portion thereof. Screening along a side or rear lot line can be extended to the street right-of-way line at a height of three feet where deemed essential for the intent of this chapter.

      (2)   Whenever a front or side yard is across the street from any property located in a residential zone, there shall be provided adjacent thereto landscaped yard ten feet in depth for a distance equal to the residential zoning lot line along the street.

      (3)   Whenever properties are developed adjacent to an alley, screening is also required, but may also be omitted at driveways deemed essential for ingress and egress at uses established on the property.

      (4)   Landscaped yards required by this section shall not be used for driveways, parking, loading, outdoor storage, displays, work areas, sights, or similar uses.

      (5)   Screening shall be provided on all new, altered or expanded development sufficiently to hide from ground level view, all loading docks, trash receptacles, outdoor storage, outdoor work areas, or similar uses from any residential zoning district located within 150 feet of such uses.

      (6)   Screening shall be provided at a height and density to achieve the opacity required. Where evergreens are used, the following shall be required: trees shall be a minimum of five feet in height, with a minimum caliper of 1-1/2 inches immediately after planting. Shrubs and hedges shall be at least three feet in height when planted, and shall conform to the opacity requirements within three years after planting. In most cases to achieve the opacity required, this shall constitute a solid hedge or shrubbery wall six feet in height.

      (7)   When fencing is used for screening, it shall not be less than five feet nor more than eight feet in height. Acceptable fencing for screening includes solid walls constructed of masonry, architectural tile, stone, wood, or other similar materials (excluding chain link fences). The solid wall should be reduced to three feet in height when adjacent to a public street, and shall not be placed closer to the street than the right-of-way line. On corner lots, the solid wall shall not be placed any closer to the street on the side yard than the required building set back line.

      (8)   All types of screening shall be kept in a neat, clean, and healthful condition. The owner of the property shall be responsible for this maintenance. Where landscaping is used, this shall include property pruning, mowing of lawns, weeding, removal of litter, fertilizing, and the replacement of plants when necessary.

      (9)   When any type of screening is used, the property owner shall prepare a landscape plan for submission to the planner's office. The Zoning Official shall follow the requirements of this chapter in approving or disapproving any landscape plan. If the property owner disagrees with the ruling of the Zoning Official, he or she may appeal to the Board of Zoning Adjustments for a ruling.

      (10)   All screened areas will be subject to review annually. If deficiencies are found, the property owner will be notified by letter and the deficiencies shall be corrected within three months.

   (E)   Fences and walls.

      (1)   Fences and walls located in any residential district shall be subject to the following height and location restrictions unless a variance is granted by the Board of Zoning Adjustments:

         (a)   Fences or walls shall meet the following height limitations:

      (2)   No fence or wall shall be located closer than ten (10) feet to any street right-of-way.

      (3)   On corner lots, the side facing the secondary street shall be treated as a front yard.

      (4)   Barbed wire or electric fences shall not be permitted in any residential zone or adjacent to any residential zone.

      (5)   No fence or wall that obstructs sight along any public way shall be erected.

(Ord. 794, passed 12-22-83; Am. Ord. 90-925, passed 7-26-90; Am. Ord. 95-1066, passed 11-21-95) Penalty, see § 156.999

   (A)   Intent. Within the zones and districts established by this zoning code, or amendments thereto, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this zoning code was adopted or amended, but which would be prohibited, regulated, or restricted under the terms of this zoning code or future amendment. It is the intent of this zoning code to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this zoning code that nonconformities shall not be enlarged or extended beyond the scope and area of their operation at the time of the adoption or amendment of this zoning code, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone or if all or part of.

   (B)   Nonconforming lots of record.

      (1)   In any zone or district in which single-family, two-family, or multi-family dwellings are permitted, a single-family, two-family, or multi-family dwelling as appropriately permitted in the zone and customary accessory buildings may be erected the date of adoption or amendment of this zoning code, or amendment notwithstanding limitations imposed by other provisions of separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or frontage, or both, that are generally applicable in the zone or district, providing that dimensional requirements other than those applying to area or frontage or both, of the lots shall conform to the regulations for the zone or district in which such lot is located. Dimensional variances must be obtained through action of the Board of Zoning Adjustments as provided by this chapter.

      (2)   If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the date of adoption or amendment of this zoning code, and if all or part of the lots do not meet the requirements established for lot width and area, the land involved shall be considered to be an undivided parcel for the purposes of this zoning code. No subdivision of such parcel shall be made which creates a lot with width or area below the requirements stated in this zoning code.

         (l)   No such nonconforming use shall be enlarged or extended to occupy a greater area of land than was occupied at the date of adoption or amendment of this zoning code.

      (2)   No nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the date of adoption or amendment of this zoning code. The use may be moved to another position on the lot or parcel through appeal to the Board of Zoning Adjustments in § 156.083.

      (3)   When a nonconforming use of land is discontinued or abandoned so as to show a gross lack of diligence in using for one year or more (except when governmental action prevents such use), the land shall not thereafter be used except in conformity with the regulations of the zone or district in which it is located.

   (D)   Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this zoning code by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions.

      (1)   No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

      (2)   Should such nonconforming structure or nonconforming portion of a structure be damaged, destroyed, or demolished by any means, it may be reconstructed or repaired but not to exceed the number of cubic feet existing in it, and not to extend or enlarge the scope and area of its operation prior to its damage, destruction, or demolition except as otherwise provided in division (E)(5) below.

      (3)   Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zone or district in which it is located after it is moved. However, said structure may be moved to another part of the same lot by appeal to the Board of Zoning Adjustments as provided in § 156.083.

   (E)   Nonconforming uses of structures or of structures and premises in combination. If lawful use involving individual structures or of structure and premises in combination exists at the date of adoption or amendment of this zoning code that would not be allowed in the zone or district under the terms of this zoning code, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions.

      (1)   No existing structures devoted to a use not permitted by this zoning code in the zone or district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the zone or district in which it is located except as provided in division (5) below.

      (2)   Any nonconforming use may be extended throughout any part of a building which was arranged or designed for such use at the date of adoption or amendment of this zoning code, but no such use shall be extended to occupy any land outside such building.

      (3)   If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use by appeal to the Board of Zoning Adjustments if the proposed use is in the same or a more restrictive classification. In permitting such change, the Board of Zoning Adjustments may require appropriate conditions and safeguards in accord with the provisions of this zoning code.

      (4)   Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zone or district, and the nonconforming use may not thereafter be resumed.

      (5)   When a nonconforming use of a structure, or structure and premises in combination, is halted because of the damage, destruction, or demolition of the structure by any means, the structure may be reconstructed or repaired but not to exceed the number of cubic feet existing in it prior to its damage, destruction, or demolition, and the nonconforming use resumed but not to extend or enlarge the scope and area of its operation prior to its damage, destruction, or demolition.

   (F)   Repairs and maintenance. On any nonconforming structure or portion of structure, and on any structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement of walls, fixtures, wiring, or plumbing or other parts, provided that the cubic content of the nonconforming structure or portion shall not be increased. Nothing in this zoning code shall be deemed to prevent the strengthening, repairing, or restoring to a safe condition of any structure or part thereof.

   (G)   Conditional uses not nonconforming uses. Any existing principal permitted use at the date of the adoption or amendment of this zoning code which would thereafter require a conditional use permit shall without further action be deemed a conforming use, but any enlargement or replacement of such use, in buildings or on land, shall require a conditional use permit.

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

   (A)   Planned development projects are conditional uses in the following zoning districts: R-2 - Single Family Residential PDP’s only; R-3 - Residential PDP’s only: R-3A, R-4, R-5, B-1, B-2, B-3, B-4, professional office, industrial - PDP’s other than for residential uses.

   (B)   Planned development projects are prohibited in the following zoning districts: R-1, R-2, agricultural, floodway.

   (C)   Intent. It is the intent of the Planning Commission to allow some flexibility in this chapter. This is done in recognition that times have changed and are changing. A planned development project is unique and is not intended for every development. However an innovative project may be allowed through this provision. It is intended that a condominium project or an office park or any combination of such be considered.

   (D)   Procedure. The planned development project process is designed for projects that are complex or innovative and perhaps different from normal development within the area. All planned development projects shall be subject to the following regulations:

      (1)   Determination whether project subject to process. The Zoning Official will determine if a project should follow the planned development project process.

      (2)   Advisory meeting with Planning Commission. The developer of a proposed planned development project shall meet with the Planning Commission prior to the preparation or submission of a plat. The purpose of this meeting shall be to discuss informally with the Planning Commission the minimum requirements and design standards for planned development projects as well as to discuss existing or proposed development which may affect or be affected by, the proposed project. For the purpose of such discussion the developer shall provide a sketch plan indicating the proposed project area, its relationship to the surrounding area and the general development scheme to be presented in the preliminary plat application. Formal application or filing of a plat with the Planning Commission is not required for the advisory meeting.

      (3)   Board of Zoning Adjustments to determine compatibility. After the advisory meeting with the Planning Commission the Board of Zoning Adjustments will meet to determine if a project is compatible in its proposed location. A planned development project application and a plat shall be filed with the Zoning Official prior to the Board of Zoning Adjustments’ meeting. If the Board of Zoning Adjustments finds the project to be compatible with the surrounding area, a planned development project application and a plat shall be filed with the zoning official. A public hearing will be held by the Planning Commission within 60 days.

      (4)   Notice of hearing. Notice of the public hearing shall be given as follows:

         (a)   Notice of the time, place and reason for holding a public hearing shall be given by one publication in the newspaper of general circulation in Calloway County, Kentucky, not earlier than 21 days nor later than seven days before the public hearing.

         (b)   Notice of the hearing shall be given at least 14 days in advance of the hearing by first class mail to the owners of all property adjoining the property where the project is proposed. This includes those properties across public rights-of-ways. If the property is jointly owned all property owners must be listed. It shall be the duty of the project applicant to furnish the names and addresses of the owners of all adjoining properties.

         (c)   Notice of the hearing shall be posted conspicuously on the property for 14 consecutive days immediately prior to the hearing. The sign shall state “planned development project site” in letters three inches in height. The time, place and date of hearing shall be in letters at least one inch in height. The sign shall be constructed of durable material and shall state the telephone number of the appropriate zoning commission.

      (5)   Public hearing before the Planning Commission. The Planning Commission will conduct the public hearing as follows:

         (a)   The Chairperson of the Planning Commission shall preside at the hearing and shall be responsible for its conduct.

         (b)   The applicant or opponent may represent himself, may be represented by counsel, or may be represented by another person or persons. Both the applicant and the opponent may present witnesses to testify. Both the applicant and opponent shall have the right to cross- examine any witnesses who testify against them.

         (c)   The order of the hearing shall be as follows:

            1.   Opening statement by applicant.

            2.   Opening statement by opponent.

            3.    Presentation of evidence and testimony by applicant.

            4.    Presentation of evidence and testimony by opponent.

            5.   Rebuttal of evidence and testimony by applicant.

               6.    Rebuttal of evidence and testimony by opponent.

               7.    Closing statement by applicant.

               8.    Closing statement by opponent.

         (d)   No formal rules of evidence shall be required. The hearing itself shall be as informal as possible consistent with an orderly determination in a fair and impartial manner of the issues before the Commission.

         (e)   The hearing shall be electronically recorded. If a transcript is requested by either the applicant or opponent the expense shall be accrued to said party requesting the transcript. If the Planning Commission gives preliminary approval to the proposed project, the Commission must recommend to the Board of Zoning Adjustments that the project be considered for a conditional use permit.

      (6)   Conditional use process. An application for a conditional use permit must be filed with the Zoning Official prior to the meeting of the Board of Zoning Adjustments. The conditional use application process for a planned development project will be the same as for any other conditional use once the Planning Commission has given preliminary approval, except that a conditional use permit for any planned development project will not be valid until the Planning Commission has reviewed and approved the final plat of the project and certified such on the final plat.

      (7)   Planning Commission final approval. Upon receiving written authorization by the Board of Zoning Adjustments of its approval for a conditional use permit, the applicant shall submit the plat of the proposed planned development project to the Planning Commission for its review and final approval within six months from the date of such written approval. If the Planning Commission finds that the plat is substantially in accord with preliminary approval and fulfills the attached special conditions, the Planning Commission may approve the project and the Chairperson of the Planning Commission shall indicate such approval on the final plat. The planned development project shall thereafter be subject to all of the provisions of this chapter regarding conditional use permits including recording, effect, noncompliance, time limit and permanently satisfied permits.

   (E)   Dimension and area regulations. Dimension and area regulations and lot sizes may vary from that allowed in the applicable zoning district but are intended to be consistent and compatible with existing development. The overall density shall be consistent with the applicable zoning district.

   (F)   Signs. Signs are allowed as provided by the Planning Commission, and only as specified on the approved development plan.

   (G)   Other requirements.

      (1)   All PDP’s must be filed as approved by the Planning Commission and Board of Zoning Adjustments with the Calloway County Clerk’s office and the Murray Planning Commission. No changes will be permitted unless prior approval is received by the Board of Zoning Adjustments and these must be consistent with the Planning Commission’s intent and direction. All changes will also be recorded with the Clerk and the Planning Commission and will originate with the Zoning Official.

      (2)   The plat submitted to the Board of Zoning Adjustments and Planning Commission shall have the following information contained and data, and shall be drawn to an appropriate scale as to the size and nature of the project as approved by the Planning Department.

         (a)   Buildings.

         (b)   Parking areas with arrangement and number of parking spaces.

         (c)   Entrance and exit roads and their relationship to existing and proposed streets, alleys and other public ways.

         (d)   Setback lines, permanent open spaces, separation strips and landscaped areas.

         (e)   Date, title, name and location of the PDP, graphic scale, and true north line.

         (f)   All dimensions, angles, bearings and similar data on date on the plat shall be tied to the primary control points, location and description of such control points shall be given.

         (g)   Project boundary lines, buildings, parking areas, setback lines, permanent open spaces, separation strips, landscaped areas, easements, access roads and street right-of-way lines with accurate dimensions to the nearest .01 of a foot; bearings or deflection angles, radii, arcs, and central angles of all curves with dimensions to the nearest minute.

            (h)    Designation of all buildings, parking areas, permanent open spaces, separation strips, landscaped areas, easements, access roads, street rights-of-way and other areas by name, use, purpose or other appropriate method as well as by width, length, land area or floor area devoted to such use or purpose.

            (i)   Location and description of monuments.

            (j)   Name and locations of adjoining subdivisions, streets or other property.

            (k)    Certification, on plat, of title showing that the applicant is the owner and a statement by such owner dedicating streets, rights-of-way and any other sites for public use, if any.

            (l)    Certification, on plat, by surveyor or engineer as to the accuracy of survey and plat.

            (m)   All special conditions attached to preliminary approval or any restrictions specified by the owner shall be placed directly on the final plat or attached thereto in form for recording.

            (n)    Certification attached to plat stating that the owner has complied with the following:

               1.   A surety bond or certified check has been posted with the city in sufficient amount to assure completion of all such required improvements within two years.

            (o)    Certification on plat by the Chairperson of the Planning Commission and Board of Zoning Adjustments that the plat has been approved for recording in the office of the County Clerk.

      (3)   The requirement for all planned-development project shall be as follows:

         (a)   Construction of all PDP’s shall be initiated within one year after approval of the final plat.

         (b)   The owner of a PDP shall provide and permanently maintain the areas required for landscaping purposes. The landscaping is subject to review and approval by the Planning Commission before preliminary or final approval.

         (c)   The applicant of a PDP may be required to provide a detailed statement of proposal, including covenants, agreements, or other specific documents, showing the ownership and method of assuring perpetual maintenance to be applied to those areas within the project that are to be used for open space, recreational or other common or quasi public purposes. Such a statement, if required, shall be attached to the preliminary and final plats as special conditions.

         (d)   The applicant of a PDP may be required to provide a statement of financial responsibility including the posting of a surety bond or certified check payable to the city to assure the installation of improvements required as special conditions. The bond or check shall be subject to the condition that the improvements will be completed within two years after approval of the final plat.

         (e)   In addition to the Board of Zoning Adjustments’ fees for two meetings and the zoning fee, the Planning Commission shall set a plat review fee of $50 per final plat reviewed by the Planning Commission.

         (f)   An application for a PDP may include a proposed subdivision of the tract of land within the project property lines into one or more separately owned and operated units. Such proposed subdivision, if approved with the proposed PDP and if in compliance with the city subdivision regulations, shall be permissible without further subdivision regulation approval. Any PDP which includes a proposed subdivision of the total tract of land within the property lines into one or more separately owned and operated units shall, if approved, be subject to all attached special conditions and all provisions of this chapter regarding conditional use permits in its entirety including all approved subdivisions regardless of their ownership.

            (g)   There shall be no subdivision of an approved PDP unless such subdivision is in conformance with the originally approved and recorded final plat or an amended final plat of the PDP has been approved and recorded in conformance with this chapter recording the procedure for review and approval of all PDP’s.

            (h)   There shall be no change, alteration, amendment or extension of any approved PDP final plat unless such change, alteration, amendment or extension is approved in conformance with this chapter.

            (i)    Construction of all PDP’s shall be completed within two years after approval of the final plat. The Planning Commission may, however, require as a special condition the completion of the project at an earlier date or may grant an extension of completion time when such extension is deemed reasonable and necessary by the Planning Commission.

   (H)   General standards. In any PDP, although it is permissible to depart from the conformance with the principal building and single-lot dimension and area regulations contained in this chapter, there shall be no diminution of the regulations and standards set forth in this chapter for PDP’s.

      (1)   The Planning Commission shall examine the proposed PDP with particular attention to the following:

         (a)   The influence the proposed project may be expected to have on existing or future development in surrounding areas and the achievement of a desirable spatial relationship between the buildings and the land, and between the buildings themselves.

         (b)   To insure that the roads, thoroughfares, streets, and accompanying access points proposed are suitable and adequate to carry anticipated traffic and that increased land use intensity will not generate traffic in such amounts as to overload the existing or proposed street network.

         (c)   To insure that existing or proposed utility services are adequate for the population densities or land use intensities proposed.

      (2)   Off-street parking space shall be provided on the site as prescribed in § 156.014, General Regulations for Vehicles. All parking space and access thereto shall be paved in a manner approved by the Planning Commission.

      (3)   Areas shall be provided for the loading and unloading of delivery trucks and other vehicles and for the servicing of buildings by refuse collection, fuel and other service vehicles, in addition to the required automobile parking spaces. Such areas shall be adequate in size and so arranged that they may be used without blockage or interference with the use of accessways or automobile parking facilities.

      (4)   No PDP shall be permitted vehicular access to a minor residential street unless specifically approved by the Planning Commission.

      (5)   Lighting facilities shall be arranged in such a manner so as to prevent direct glare or hazardous interference of any kind to adjoining street or properties.

      (6)   All PDP building construction shall conform to all local, state and federal regulations pertaining to the particular type of building or buildings proposed. The Planning Commission may also require as a special condition that any building construction in a PDP be of an approved fire resistant material or that before the certificate of occupancy for any building within the project is approved, the developer must provide the enforcement officer written certificates of approval from the State Fire Marshal or State Health Department.

      (7)   The Planning commission shall attach any reasonable special conditions necessary to insure that there be no departure from the intent of this zoning code.

      (8)   Because a PDP is inherently more complex than single lot development and because each such project must be tailored to the topography and neighboring uses, the standards and special conditions for such projects cannot be inflexible.

      (9)   Adult-oriented businesses are prohibited as a planned development project.

(Ord. 89-890, passed 4-27-89; Am. Ord. 90-925, passed 7-26-90; Am. Ord. 98-1174, passed 12-28-98; Am. Ord. 2007-1438, passed 3-22-07; Am. Ord. 2023-1844, passed 5-25-23)

   (A)   Intent. The purpose of this home occupation provision is to allow for certain types of restricted occupational uses within residential districts that are compatible with the neighborhood in which they are located.

   (B)   Definitions as used in this chapter:

      (1)   Home occupation - Any business, professional, or commercial activity that is conducted or petitioned to be conducted from and performed on property that is zoned for residential use unless the following conditions can be met:

         (a)   No generation of traffic, noise or odor;

         (b)   No employees other than those that reside on the premises;

         (c)   No sign on premises;

         (d)   No external storage of inventory or vehicles;

         (e)   No external alteration of the dwelling;

         (f)   Use is conducted entirely within a dwelling or accessory building.

      (2)   Home occupation conditional use permit - A permit which may be authorized by the Board of Zoning Adjustments. The permit shall be temporary in nature and may be granted to a designated person who resides at a residential address. The permit shall not be transferable from one person to another person, one home occupation to another home occupation, or from one address to another address.

   (C)   Procedure.

      (1)   Application for a home occupation conditional use permit shall be made to the zoning official on a form provided by the zoning official and shall be accompanied by the prevailing filing fees. The zoning official will then present the request to the Board of Zoning Adjustment for it's action within 45 days.

      (2)   The zoning official may revoke any home occupation permit for noncompliance with the criteria set forth in Section D. If the permit is revoked, it becomes null and void, and the home occupation shall be terminated.

      (3)   The decision of the zoning official concerning revocation of the home occupation conditional use permit shall be final unless a written appeal by the applicant is filed with the Board of Zoning Adjustments within thirty days of the applicants receipt of the notice to revoke the permit.

      (4)   If a person holding a home occupation permit moves to a new location, the existing permit shall be automatically terminated. The individual shall notify the zoning official of any move from the permit location or termination of the home occupation.

   (D)   Required condition. The Board of Zoning Adjustments may only grant a conditional use permit for a home occupation which meets the following conditions and requirements:

      (1)   A home occupation shall be clearly incidental and secondary to the use for dwelling purposes.

      (2)   The use shall be conducted primarily entirely within a dwelling or its accessory structures.

      (3)   The use does not require substantial external alteration of the dwelling.

      (4)   On the premises retail sales shall be prohibited.

      (5)   The applicant may employ in the home occupation only individuals who permanently reside on the premises in which the home occupation is to be conducted. Additional employees shall be prohibited.

      (6)   There shall be no exterior storage of materials to be used in conjunction with a home occupation.

      (7)   A home occupation shall produce no offensive noise, vibration, smoke, dust, odors or heat. The premises and structures on the premises shall be maintained to conform to neighborhood standards.

      (8)   The home occupation shall not generate additional vehicular or pedestrian traffic to the residence unless approved by the Board of Zoning Adjustments.

      (9)   External storage or display of materials, goods, supplies, or equipment related to the operation of a home occupation is prohibited.

      (10)   Home occupations shall comply with all local, state or federal laws or regulations pertinent to the activity pursued, and the requirements of or permission granted by this section shall not be construed as an exemption from such regulations.

      (11)   Only one unlighted sign not over two (2) square feet in area identifying home occupations shall be permitted on the dwelling premises. Persons with demonstrated physical disabilities may be permitted special consideration by the Board of Zoning Adjustments. The applicant may request waiver of a portion or all of one or more of the foregoing requirements. This special request shall be considered at a Board of Zoning Adjustments meeting, after notification to adjacent property owners. The Board of Zoning Adjustments may only grant waivers on the basis of applicant's physical inability to function within said requirements.

   (E)   The following shall be prohibited as home occupations:

      (1)   Ambulance service;

      (2)   Automobile repair; parts sales, upholstery, detailing or painting; washing service;

      (3)   Beauty salons or barber shops;

      (4)   Boarding house, bed and breakfast, hotel;

      (5)   Churches, religious instruction;

      (6)   Health salons, dance studios, aerobic exercise studios;

      (7)   House painting;

      (8)   Medical, dental or psychological services;

      (9)   Mortician, hearse service;

      (10)   Private clubs;

      (11)   Restaurants;

      (12)   Retail sale from site;

      (13)   Veterinary uses (including care, grooming or boarding);

      (14)   Welding shop;

      (15)   Any similar type service as determined by the Board of Zoning Adjustments; and

      (16)   Adult-oriented businesses.

(Ord. 97-1128, passed 9-26-97; Am. Ord. 98-1174, passed 12-28-98)

   (A)   Purpose. The purpose of the section is to regulate adult oriented businesses through the application of uniform zoning, locational and distance requirements to promote the health, safety, morals and general welfare of the citizens of the city and establish reasonable and uniform regulations for the operation of adult oriented businesses with the goal of reducing or eliminating the adverse secondary effects associated with adult oriented businesses. It is not the intent of this section to limit or restrict the content of communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this section to restrict or deny access by adults to materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene material.

(Ord. 98-1174, passed 12-28-98)

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

      (1)   "Adult Oriented Businesses." Those businesses defined as:

         (a)   "Adult Bookstore", "Adult Novelty Store" or "Adult Video Store." A commercial enterprise which has as a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its individual sales or devotes a significant or substantial portion of its interior business or advertising to the sale or rental, for any form of consideration, of any one or more of the following. For the purposes of this definition, "Significant or Substantial Portion" shall mean at least twenty-five percent (25%) of the business sales, interior business premises or advertising is devoted to an Adult Oriented Business purpose.

            (i)   Books, magazines, newspapers, periodicals or other printed matter, or drawings, photographs, films, motion pictures, vidoe cassettes, slides, compact discs, laser discs, computer driven video productions, or other visual representations which are characterized by the depiction or description of "Specified sexual activities" or "specified anatomical areas" as defined herein;

            (ii)   Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse.

         (b)   "Adult cabaret." A nightclub, bar, restaurant, "bottle club", adult dancing business or similar commercial enterprise, whether or not alcoholic beverages are served, which regularly features:

            (i)   Persons who appear nude, semi-nude or in a state of nudity;

            (ii)   Live performances which are characterized by the exposure of "specified anatomical areas" and/or the exhibition of "specified sexual activities";

            (iii)   Photographs, films, motion pictures, video cassettes, slides, compact discs, laser discs, computer driven video productions, or other visual representations whic are characterized by the depiction or description of "specified sexual activities" and/or "specified anatomical areas" as defined herein; or

            (iv)   "Adult dancing." Includes, but is not limited to the following: any dancing which exposes to view by patrons, spectators or persons on the premises at any time the "specified anatomical areas" and/or consists of "specified sexual activities".

         (c)   "Adult Motel." A motel, hotel or similar commercial enterprise which offers public accommodations, for any form of consideration, which provides patrons with closed-circuit television transmissions, photographs, films, motion pictures, video cassettes, slides, compact discs, laser discs, computer driven video productions, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" as defined herein; and which advertises the availability of this adult oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television.

         (d)   "Adult movie theater." A commercial enterprise where photographs, films, motion pictures, video cassettes, slides, compact discs, laser discs, computer driven video productions, or other visual representations which are characterized by the dominant depiction or description of "specified sexual activities" or "specified anatomical areas" as defined herein; are regularly shown for any form of consideration.

         (e)   "Adult Theater." A theater, concert hall, auditorium, or similar commercial enterprise which, for any form of consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by an emphasis on and/or exposure of "specified anatomical areas" or by "specified sexual activities".

         (f)   "Escort agency." A person or business association who furnishes, offers to furnish, or advertises to furnish Escorts as one of its primary business purposes for a fee, tip, or other consideration; including, but not limited to an out-call service in the form of nude or semi-nude dancing or exhibition.

         (g)   "Adult Personal Service Business." Any commercial enterprise where, either on or off the business premises, for any form of consideration or gratuity; massage, alcohol rub, administration of fomentations, electric or magnetic treatments, hair care, manicures, pedicures, exotic rubs and/or any other treatment manipulation of the human body, occurs as a part of or in connection with "specified sexual activities", or where any person providing such treatment, manipulation, or service related thereto, exposes any of his or her "specified anatomical areas" for another person, who may or may not appear in a state of nudity or display "specified anatomical areas". The definition of Adult Personal Service Business or Adult Oriented Business shall not include the practice of any treatment manipulation in any licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.

         (h)   "Nude Model Studio." Any place where a person, who regularly appears in a state of nudity or displays "specified anatomical areas" is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. This definition does not include a modeling class offered by a college, junior college, or university supported in whole or in part by taxation; by a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure: (a) Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class.

         (i)   "Sexual Encounter Center." A business or commercial enterprise, that as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" or the exposure of "specified anatomical areas" or activities when one or more of the persons is in a state of nudity or semi-nudity. The definition of Sexual Encounter Center shall not include a business where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the State engages in medically approved and recognized sexual therapy.

         (j)   "Adult Arcade." Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

   A business may have other principal business purposes that do not involve any of the aforementioned "Adult Oriented Businesses" and still be categorized as an "Adult Oriented Business". Such other business purposes will not serve to exempt such businesses from being categorized as an "Adult Oriented Business" so long as one of its principal business purposes, in form or substance, is an "Adult Oriented Business" as defined by this section.

      (2)   "Establishment." Includes any of the following:

         (a)   The opening or commencement of any Adult Oriented Business as a new business;

         (b)   The conversion of an existing business, whether or not an Adult Oriented Business, to any of the Adult Oriented Businesses defined in this section;

         (c)   The addition of any of the Adult Oriented Businesses defined in this section to any other existing Adult Oriented Business; or

         (d)   The relocation of any such Adult Oriented Business.

      (3)   "Nudity" or "State of Nudity."

         (a)   The appearance of the human bare buttocks, anus, male genitals, female genitals, or the areola or nipple of the female breast; or

         (b)   A state of dress which fails to opaquely and fully cover human buttocks, anus, male or female genitals or any portion of the human female breast below a horizontal line across the top of the areola at its highest point. This definition shall include the entire lower portion of the human female breast; but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel provided that the areola and/or nipple is not exposed in whole or in part. This definition shall include the cleavage of the human buttocks, but shall not include any portion of the cleavage of the human buttocks exhibited by a bathing suit, thong, g-string, or other wearing apparel.

      (4)   "Operator." Includes the owner, permit holder, manager or person in charge of any permitted or licensed premises.

      (5)   "Permitted Premises." Any premises that requires a permit and that is classified as an Adult Oriented Business.

      (6)   "Permittee and/or License." A person in whose name a permit and/or license to operate, work in, perform in or entertain in an Adult Oriented Business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.

      (7)   "Person." An individual, proprietorship, partnership, corporation, association, or other legal entity recognized by the Kentucky Revised Statutes or any other state.

      (8)   "Specified Anatomical Areas." Includes any of the following:

         (a)   Less than completely and opaquely covered human genitals, buttocks, the anus, the human female breast below a horizontal line across the top of the areola at its highest point. This definition shall include the entire lower portion of the human female breast; but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel provided that the areola and/or nipple is not exposed in whole or in part. This definition shall include the cleavage of the human buttocks, but shall not include any portion of the cleavage of the human buttocks exhibited by a bathing suit, thong, g-string or other wearing apparel; or

         (b)   Human male genitals in a clearly discernible turgid state, even if completely and opaquely covered.

      (9)   "Specified Sexual Activities." Includes any of the following:

         (a)   The fondling or other intentional touching of human genitals, buttocks, anus, or female breasts;

         (b)   Sex acts, normal, deviant, or perverted, actual or simulated; including, but not limited to sexual intercourse, oral copulation, anilingus, cunnilingus, fellatio, flagellation, sadism or sadomasochism;

         (c)   Erotic or sexual stimulation with objects of mechanical devices;

         (d)   Masturbation, actual or simulated;

         (e)   Human genitals in a state of sexual stimulation, arousal or tumescence;

         (f)   bestiality;

         (g)   Excretory functions as part of or in connection with any of the activities set forth in subdivisions (a) through (f) of this subsection.

      (10)   "Substantial Enlargement of an Adult Oriented Business." Increase in the floor area occupied by the business by more than fifteen percent (15%) as the floor areas exist on the date of the enactment of this section.

      (11)   "Transfer of Ownership or Control of an Adult Oriented Business." Includes any of the following:

         (a)   the sale, lease, or sublease of the business;

         (b)   The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

         (c)   The establishment of a trust, gift, or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.

      (12)   "Protected Uses."

         (a)   "Public building." Any building owned, leased, or held by the United States, the State of Kentucky, Calloway County, the City of Murray, any special district, school district, or any other agency or political subdivision of the State or the United States, which building is used for governmental purposes.

         (b)   "Public park" or "recreation area." Public land, structure or building which has been designated for park or recreational activities including but not limited to a park, playground, swimming pool, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, or similar public land within the city which is under control, operation, or management of the city park and recreation authorities.

         (c)   "Religious institution." Any church, synagogue, mosque, temple or building which is used primarily or regularly for religious worship and related religious activities.

         (d)   "School." Any public or private educational facility including but not limited to "Day Care Centers" (as defined in the Zoning Ordinance), kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, school administration buildings or facilities, junior colleges, and universities. School includes any building upon the school grounds.

      (13)   "Residential Zone." Any land so designated by the Zoning code of the city as R-1, R-2, R-3, R-3A, R-4, R-5 or any Residential Zone as hereafter created.

   (C)   Establishing and Classification of Regulated Businesses.

      (1)   Adult Oriented Businesses shall be established only in identified B-2 and Industrial Zones and shall be subject to the restrictions of this Section. In those zones, Adult Oriented Businesses shall be Conditional Uses; provided all other requirements of this Chapter are satisfied. No person shall establish an Adult Oriented Business within 1000 feet of another Adult Oriented Business or within 750 feet of any Protected Use(s), as previously defined, or within 300 feet of any Residential Zone. The Adult Oriented Business Zoning Map is hereby incorporated by reference as if fully set forth herein. Adult Oriented Businesses, as defined in Subsection (B), are classified as follows:

         (a)   Adult Bookstores,

         (b)   Adult Novelty Stores,

         (c)   Adult Video Stores,

         (d)   Adult Cabarets,

         (e)   Adult Motels,

         (f)   Adult Motion Picture Theaters,

         (g)   Adult Theaters,

         (h)   Adult Personal Service Businesses,

         (i)   Sexual Encounter Centers,

         (j)   Escort Agencies,

         (k)   Nude Model Studios, and

         (l)   Adult Arcades.

   (D)   Measurement of Distance. For the purpose of this section, the distance between any two Adult Oriented Businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any Adult Oriented Business and any Protected Use, as defined in this section shall be measured in a straight line, without regard to intervening structures, from the nearest part of the Adult Oriented Business to the closest exterior structural wall of the protected use. The distance between any Adult Oriented Business and any Residential Zone shall be measured by a straight line, without regard to intervening structures, from the nearest part of the Adult Oriented Business to the exterior line of the Residential Zone.

   (E)   Non-conforming uses. An Adult Oriented Business lawfully operating as a conforming use is not rendered non-conforming use is not by the subsequent location of a Protected Use within 750 feet of the Adult Oriented Business, the subsequent location of an Adult Oriented Business within 1000 feet of the Adult Oriented Business and/or the location of a Residential Zone within 300 feet of the Adult Oriented Business. This subsection does not apply to an Adult Oriented Business whose permit and/or license has expired or been revoked.

   (F)   Location of Adult Oriented Business. A person commits a Class B Misdemeanor as defined by § 156.999, if he operates or causes to be operated an Adult Oriented Business:

      (1)   In any manner except as provided under this section.

      (2)   Within 750 feet of any Protected Use.

      (3)   Within 1000 feet of any other Adult Oriented Business.

      (4)   Within 300 feet of a Residential Zone.

      (5)   Operates more than one Adult Oriented Business under a single roof.

      (6)   Causes the Substantial Enlargement of an Adult Oriented Business.

   (G)   Advertising and Lighting Regulations. A person commits a violation as defined by § 156.999 if he operates or causes to be operated an Adult Oriented Business; and displays or exhibits adult oriented materials and adult oriented performances in advertising which is visible outside the premises except for advertising showing the existence or location of an Adult Oriented Business. Nothing in this Section relieves the permittee from compliance with any other provision of the ordinances or planning and zoning requirements of the city.

   (H)   Immunity from ProsecUtion. The City, the Police Department and all other city officers, agents and employees, charged with enforcement of state and local laws and codes shall be immune from prosecution, civil or criminal, for reasonable, goodfaith trespass upon an Adult Oriented Business while acting within the scope of authority by this section.

(Ord. 98-1174, passed 12-28-98)

   (A)   Purpose. The purposes of these regulations are: to provide for the safest and most efficient integration of cellular antenna towers for cellular telecommunications services or personal communications services within the community; to provide for such facilities in coordination with any recommendations of the comprehensive plan; and to allow for such facilities with the intention for furthering the public health; safety, and general welfare.

   (B)   Preapplication conference. Applicants are encouraged to notify the Planning Commission to discuss proposals, to allow for early coordination, and to identify those items that are in conformance/nonconformance with the comprehensive plan, zoning ordinance, and the provisions of these regulations.

   (C)   Definitions. For the purposes of these regulations, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      (1)   “ALTERNATIVE CELLULAR ANTENNA TOWER.” Man-made trees, clock towers, bell towers, steeples, light poles and similar alternative-design mounting structures that accommodate, camouflage, minimize or conceal the presence of cellular antennas or cellular antenna towers that are constructed primarily for the purpose of accommodating cellular antennas or cellular antenna towers or are reconstructed for the purpose of accommodating cellular antennas or cellular antenna towers. This does not include existing structures erected for another primary purpose, but which subsequently have cellular antennas attached to or located within them, without any reconstruction of the original structure. For the provisions of these regulations, an alternative cellular antenna tower is considered a cellular antenna tower.

   (D)   General. Cellular antenna towers for cellular telecommunications services or personal communications services may be allowed in any zone after a Planning Commission review in accordance with the following procedures to ascertain agreement with the adopted comprehensive plan and the regulations contained within the zoning ordinance.

      (1)   Applicability. Every utility, or a company that is engaged in the business of providing the required infrastructure to a utility, that proposes to construct a cellular antenna tower shall submit a completed uniform application to the Planning Commission. Where the Planning Commission finds that circumstances or conditions relating to the application of an alternative cellular antenna tower are such that one or more of the requirements of the uniform application listed bellow are not necessary or desirable for the protection of surrounding property or the public health, safety, and general welfare, and that such special conditions or circumstances make one or more said requirements unreasonable, the Planning Commission, or its duly authorized representative, may modify or waive such requirement of the uniform application, either permanently or on a temporary basis. Any such modification or waiver shall be requested by the applicant, and the applicant shall submit a written justification for each requested modification or waiver. The Planning Commission shall not regulate the placement of antennas or related equipment on an existing structure. However, every utility/entity choosing to locate an antenna or related equipment on an existing structure, shall file with the City of Murray Planning Commission the name and address of the entity/utility, the structure(s) upon which the utility/entity plans to place antennas or related equipment and the information set forth in divisions (D)(2), (e), (f), (r) and (t) below.

      (2)   Application requirements. Applications for the construction of personal communications services shall comply with KRS 100.9865 and include the following:

         (a)   The full name and address of the applicant.

         (b)   The applicant's articles of incorporation, if applicable.

         (c)   A geotechnical investigation report signed and sealed by a professional engineer registered in Kentucky that includes boring logs and foundation design recommendations.

         (d)   A written report prepared by a professional engineer or land surveyor, of findings as to the proximity of the proposed site to flood hazard areas.

         (e)   Latitude/Longitude coordinates with associated reference datum, clear directions to the proposed site, including highway numbers and street names, if applicable, with the telephone number of the person who prepared the directions.

         (f)   The lease or sale agreement for the property on which the tower is proposed to be located, except that, if the agreement has been filed in abbreviated form with the County Clerk, an applicant may file a copy of the agreement as recorded by the County Clerk and, if applicable, the portion of the agreement that specifies, in the case of abandonment, a method that the utility will follow in dismantling and removing the proposed cellular antenna tower including a timetable for removal.

         (g)   The identity and qualifications of each person directly responsible for the design and construction of the proposed tower.

         (h)   A site development plan, signed and sealed by a professional engineer or surveyor licensed in Kentucky, that shows the proposed location of the tower and all easements and existing structures within 500 feet of the proposed site on the property on which the tower will be located, and all easements and existing structures within 200 feet of the access drive, including the intersection with the public street system. Additionally the development plan shall show the following:

            i.    A survey, prepared by a surveyor licensed in Kentucky. The survey shall be in accordance with all of the requirements of the Murray Subdivision Ordinance and KRS 100, that shows lease lines or property line, which upon approval, shall be recorded.

         (i)   A vertical profile sketch of the tower, signed and sealed by a professional engineer registered in Kentucky, indicating the height of the tower and the placement of all antennas.

         (j)   The tower and foundation design plans and a description of the standard according to which the tower was designed, signed, and sealed by a professional engineer registered in Kentucky.

         (k)   A map, drawn to a scale no less than one inch equals 200 feet, that identifies every structure and every owner of real estate within 500 feet of the proposed tower.

         (l)   A statement that every person who, according to the records of the property valuation administrator, owns property within 500 feet of the proposed tower or property contiguous to the site upon which the tower is proposed to be constructed, has been:

            i.   Notified by certified mail, return receipt requested, of the proposed construction which notice shall include a map of the location of the proposed construction.

            ii.   Given the telephone number and address of the City of Murray Planning Commission.

            iii.   Informed of his or her right to participate in the Planning Commission's proceedings of the application.

         (m)   A list of the property owners who received the notice, together with copies of the certified letters sent to the listed property owners.

         (n)   A statement that the Mayor has been notified, in writing, of the proposed construction and a copy of the notification.

         (o)   A statement that Kyle-Oakley Airport Board has been notified, in writing, of the proposed construction and a copy of the notification.

         (p)   A statement that:

            i.   A written notice of durable material at lease two feet by four feet in size, stating that “[Name of applicant]” proposes to construct a telecommunications tower on this site” and including the addresses and telephone numbers of the applicant and the Planning Commission, has been posted in a visible location on the proposed site.

            ii.   A written notice, at least two feet by four feet in size, stating that “[Name of applicant] proposes to construct a telecommunications tower near this site” and including the addresses and telephone numbers of the applicant and the Planning Commission, has been posted on the property nearest to the public road.

         (q)   A statement that notice of the location of the proposed construction has been published in the Murray Ledger & Times newspaper.

         (r)   A brief description of the character of the general area in which the tower is proposed to be constructed, which includes the existing land use for the specific property involved.

         (s)   A statement that the applicant has considered the likely effects of the installation on nearby land uses and values and has concluded that there is no more suitable location reasonably available from which adequate service to the area can be provided, and that there is no reasonably available opportunity to locate its antennas and related facilities on an existing structure, including documentation of attempts to locate its antennas and related facilities on an existing structure, if any, with supporting radio frequency analysis, where applicable, and a statement indicating that the applicant attempted to locate its antennas and related facilities on a tower designed to host multiple wireless service providers' facilities or on an existing structure, such as a telecommunications tower or other suitable structure capable of supporting the applicant's antennas and related facilities.

         (t)   A map of the area in which the tower is proposed to be located, that is drawn to scale, and that clearly depicts the necessary search area within which an antenna tower should, pursuant to radio frequency requirements, be located.

         (u)   A grid map that shows the location of all existing cellular antenna towers and that indicates the general position of proposed construction sites for new cellular antenna towers within an area that includes:

            i.   All of the area within the City of Murray Planning Commission's jurisdiction.

            ii.   A one-half mile area outside the boundaries of the City of Murray Planning Commission's jurisdiction, if that area contains either existing or proposed construction sites for cellular antenna towers.

      (3)   Confidentiality of application. All information contained in the application and any updates, except for any map or other information that specifically identifies the proposed location of the cellular tower then being reviewed, shall be deemed confidential and proprietary within the meaning of KRS 61.878. The Planning Commission shall deny any public request for the inspection of this information, whether submitted under Kentucky's Open Records Act or otherwise, except when ordered to release the information by a court of competent jurisdiction. Any person violating this subsection shall be guilty of official misconduct in the second degree as provided under KRS 522.030. The confidentiality of the applications and any updates of the application can be waived by the written authorization of the applicant.

      (4)   Application fee. An applicant for the construction of cellular antenna towers for cellular telecommunications services or personal communications services shall pay an application fee of $2,500.

      (5)   Processing of application. Applications for the construction of cellular antenna towers for cellular telecommunications services or personal communications services shall be processed as follows:

         (a)   The Planning Commission shall review the uniform application to determine whether it is in agreement with the Comprehensive Plan and locally adopted zoning regulations.

         (b)   At least one public hearing on the proposal shall be held, at which hearing interested parties and citizens shall have the opportunity to be heard. Notice of the time and place of such hearing shall be published at least once, in the Murray Ledger & Times newspaper, provided that one publication occurs not less than seven calendar days nor more than 21 calendar days before the occurrence of such hearing.

         (c)   Notice of the hearing shall be posted on the site at least 14 days in advance of the hearing. The notice shall consist of a written notice, of durable material at least two feet by four feet in size, stating that “[Name of applicant]”proposes to construct a telecommunications tower on this site” and including the addresses and telephone numbers of the applicant and the Planning Commission. Notice of the proposal shall also be posted on the property nearest to the public road. This notice shall consist of a written notice, of durable material at least two feet by four feet in size, stating that “[Name of applicant] proposes to construct a telecommunications tower near this site” and including the addresses and telephone numbers of the applicant and the Planning Commission.

         (d)   Notice of the hearing shall be given at least 14 days in advance of the hearing, by certified mail, return receipt requested, to the owner of every parcel of property within 500 feet of the proposed tower or property contiguous to the site upon which the tower is proposed to be constructed. The notice shall include a map of the location of the proposed construction, the telephone number and address of the Planning Commission and shall inform the addressee of his or her right to participate in the Planning Commissioner's proceedings on the application. Records maintained by the Property Valuation Administrator may be relied upon conclusively to determine the identity and address of said owner. In the event a property is in condominium of cooperative forms of ownership, then the person notified by mail shall be the president or chairperson of the owner group that administers property commonly owned by the condominium or cooperative owners. A joint notice may be mailed to two or more co-owners of an adjoining property who are listed in the property valuation administrator's records as having the same address.

         (e)   Upon holding the hearing, the Planning Commission shall, within 60 days commencing from the date that the application is received by the Planning Commission, or within a date specified in a written agreement between the Planning commission and the applicant, make its final decision to approve or disapprove the uniform application. If the Planning Commission fails to issue a final decision within 60 days, and if there is no written agreement between the Planning Commission and the utility to a specific date of the Planning commission to issue a decision, it shall be presumed that the Planning Commission has approved the utility's uniform application.

         (f)   If the Planning Commission disapproves of the proposed construction, it shall state the reasons for disapproval in its written decision and may make suggestions which, in it opinion, better accomplish the objectives of the comprehensive plan and the locally adopted zoning regulations. No permit for construction of a cellular or personal communications' services antenna tower shall be issued until the Planning Commission approves the uniform application or the 60-day time period has expired, which ever occurs first.

         (g)   Upon approval of an application for the construction of a cellular antenna tower by a Planning Commission, the applicant shall notify the Public Service Commission within ten working days of the approval. The notice to the Public Service Commission shall include a map showing the location of the construction site. If an applicant fails to file notice of an approved uniform application with the Public Service Commission, the applicant shall be prohibited from beginning construction on the cellular antenna tower until such notice has been made.

   (E)   Design standards. The applicant shall provide information demonstrating compliance with the requirements contained herein. Potential sites that should be considered (in order from most-preferred to least-preferred) include existing utility towers, industrial zones, commercial zones, and government buildings and properties. Where the Planning Commission finds that circumstances or conditions relating to the particular application are such that one or more of the requirements listed below are not necessary or desirable for the protection of the surrounding property or the public health, safety, and general welfare, and that such special conditions or circumstances make one or more said requirements unreasonable, the Planning Commission, or its duly authorized representative, may modify or waive such requirement, either permanently or on a temporary basis. Any such modification or waiver shall be requested by the applicant, and the applicant shall submit a written justification for each requested modification or waiver.

      (1)   Monopoles. Monopole cellular antenna towers shall be permitted in any zone. Lattice and guyed cellular antenna towers shall be permitted in any zone except for residential zones.

      (2)   Minimum lot size. Regardless of the minimum lot sizes listed in the specific zoning districts, or the Murray Subdivision Ordinance, the lot size may be the minimum necessary to comply with the objectives and standards of this section.

      (3)   Setbacks. Setbacks for all structures constructed in connection with guyed or lattice cellular antenna towers, except fences and/or guy wires, shall be a minimum distance from the property line or least line equal to at least the height of the tower, but not less than 50 feet. All structures constructed in connection with monopole or alternative cellular antenna tower shall comply with the applicable setback requirements established for other structures within the applicable zoning district. Alternative cellular antenna towers that are to be located as part of a utility service facility (eg. power pole or telephone pole) shall comply with setback requirements applicable to such utility service facilities, if any.

      (4)   Height. A cellular antenna tower, or alternative antenna tower structure, may be constructed to a maximum height of 200 feet regardless of the maximum height requirements listed in the specific zoning district. This also applies to any tower taller than 15 feet constructed on the top of another building or structure, with the height being the overall height of building/structure and tower together, measured from the grade to the highest point. The Planning Commission may allow antennas greater than 200 feet in height upon review of the applicant's justification that the additional height meets the criteria identified in subsection (F) of this section.

      (5)   Construction standards. The cellular antenna tower shall be constructed in compliance with the current ANSI/EIA/TIA 222-F standard and other applicable state standards.

      (6)   Illumination. Cellular antenna towers shall not be illuminated, except in accordance with other state or federal regulations.

      (7)   Staffing. The site shall be un-staffed. Personnel may periodically visit the site for maintenance, equipment modification, or repairs. To accommodate such visits, ingress/egress shall be only from approved access points.

      (8)   Fencing. Woven wire or chain link (80% open) or solid fences made from wood or other materials (less than 50% open) shall be used to enclose the site. Such fences shall not be less than four feet and no more than eight feet in height, and may be located within the front, side, or rear yard.

      (9)   Screening. Screening shall be provided by evergreen trees, with a minimum height of six feet, planted in a staggered pattern at a maximum distance of 15 feet on center. The screening shall be placed in an area between the property line, or lease line, and a ten foot setback. Screening shall be required when located in or adjacent to a residential zone.

      (10)   Surfacing. All driveways and off-street parking areas shall be paved with a durable surface such as asphalt or concrete.

       (11)   Signs. There shall be no signs permitted, except those displaying emergency information, owner contact information, warning or safety instructions, or signs that are required by a federal, state or local agency. Such signs shall not exceed six square feet in area.

      (12)   Number of service providers. All new cellular antenna towers shall be designed and constructed to accommodate a minimum of three service providers.

      (13)   Lease Agreements. All option and site lease agreements shall not prohibit the possibility of co-location, and in the case of abandonment, shall include a method that the utility will follow in dismantling and removing the proposed cellular antenna tower including a timetable for removal.

      (14)   Other approvals required. Approval of the Federal Aviation Administration (FAA) and the Kentucky Airport Zoning Commission (KAZC) or documentation where approval is not required shall be submitted prior to the issuance of a building permit for the construction of the cellular antenna tower.

   (F)   Criteria. Approval or disapproval of the proposal shall be based upon an evaluation of the proposal's agreement with the comprehensive plan and zoning regulations.

      (1)   The Planning Commission may require the applicant to make a reasonable attempt to co-locate additional transmitting or related equipment. The Planning Commission may provide the location of existing cellular antenna towers on which the commission deems the applicant can successfully co-locate its transmitting and related equipment. If the Planning commission requires the applicant to attempt co-location, the applicant shall provide the Planning Commission with a statement indicating that the applicant has:

         (a)   Successfully attempted to co-locate on towers designed to host multiple wireless service providers' facilities or existing structures such as a telecommunications tower or another suitable structure capable of supporting the applicant's facilities, and that identifies the location of the tower or suitable structure on which the applicant will co-locate its transmission and related facilities; or

         (b)   Unsuccessfully attempted to co-locate on towers designed to host multiple wireless service provider's facilities or existing structure such as a telecommunications tower or another suitable structure capable of supporting the applicant's facilities and that:

            i.   Identifies the location of the towers or other structures on which the applicant attempted to co-located; and

            ii.   Lists the reasons why the co-location was unsuccessful in each instance.

      (2)   The Planning Commission may deny a uniform application to construct a cellular antenna tower based on an applicant's unwillingness to attempt to co-locate additional transmitting or related equipment on any new or existing towers or other structures.

      (3)   The Planning Commission shall not regulate the placement of a cellular antenna tower on the basis of the environmental effects of radio frequency emissions to the extent that the proposed facility complies with the regulations of the Federal Communications Commission concerning radio frequency emissions.

   (G)   Abandonment and dismantling. Any cellular antenna tower including but not limited to guyed, lattice and monopole cellular antenna towers, alternative cellular antenna towers, antennas and related equipment, (hereinafter referred to as “structure”) shall be deemed abandoned when such structure is removed from or no longer in service for a period in excess of 30 days. At the point in time any structure is considered to be abandoned within the meaning of this section, the structure shall be disassembled and removed from the property upon which is located within 60 days thereafter.

   (H)   Amendments. Any amendments to plans, except for minor adjustments as determined by the Planning Commission, or its duly authorized representative, shall be made in accordance with the procedure required by division (E), subject to the same limitations and requirements as those under which such plans were originally approved.

(Ord. 2005-1375, passed 4-28-05)

   (A)   General.

      (1)   Intent. It is the intent of the City of Murray for these guidelines to assist property owner, developers, architects, and builders by providing design criteria that will enhance community character and quality of the entire community and ensure the aesthetic value and visual appeal of non-residential land uses in the following gateway corridors: from 12th Street from the southern city limits to the northern city limits; along Highway 121 Bypass North at the intersection of North 12th Street known as Highway 641 to the western city limits; and Main Street from South 7th Street to Robertson Road.

      (2)   Purpose. Design performs an important function in identifying and promoting properties, businesses, services, residences, events, and other matters of interest to the public. This division regulates design guidelines within certain areas of the city to ensure that they are appropriate in keeping with the appearance of the affected property and surrounding environment, and protective of the public health, safety, and general welfare. The design standard regulations of this division are intended to balance the following differing and at times competing goals:

         (a)   To support the desired character of the city, as expressed in adopted plans, policies, and regulations;

         (b)   To promote an attractive visual environment; create attractive corridors to Murray and improve the appearance along major roadways in town;

         (c)   To achieve high quality building and site design;

         (d)   To promote a sense of continuity and compatibility along each corridor;

   (B)   Design guidelines on corridors.

      (1)   Applicability. The regulations of this division apply to all development within the three corridors. It is the intent of the design guidelines to transition from those lots or tracts located fully in the corridor to those lots or tracts not located in the corridor by extending building materials and landscape guidelines to those lots or tracts partially located in the corridors. The requirements of the corridor design guidelines shall not apply to the properties located in the Historic District, Industrial District, franchises without alternative architectural designs, or existing shopping centers (a minimum of three tenant spaces located in a unified building or a group of buildings on a single lot of record).

      (2)   Compliance. When the square footage of an existing structure is expanded by more than an accumulative total of 50%, within a five year period, all of the existing structure shall be brought into compliance with the design guidelines. Upon the sale of an existing structure, the established time frame restriction, for compliance clue to expansion, will expire; however, will reset upon future expansion. All new construction shall comply with all of the City of Murray Design Guidelines.

   (C)   Provisions of design guidelines on corridors.

      (1)   Four-sided architecture is required unless rear or side walls are determined not to be visible from a public street right-of-way.

      (2)   Building articulation should be used to create interest in the building base and enhance the pedestrian experience. Material changes may be used in some cases to distinguish the building base. No wall plane may extend more than 40 feet without horizontal and vertical articulation. Building façades between 40 to 100 feet in length may have either horizontal or vertical articulation. Façade articulations/ offsets shall be shown on the elevation drawings along with dimensions verifying that the elevations have met the above requirements as part of the site plan submittal.

      (3)   Primary materials. All buildings shall be constructed with a minimum 60% masonry and glass, exclusive of doors and windows. Masonry shall consist of brick, stone, or simulated stone, including Architectural concrete masonry units (textured, not smooth), split face, weathered face, or sandblasted faced units. Unpainted integral color concrete masonry units are allowed as masonry. Secondary materials.

      (4)   Secondary materials (maximum 40%) may be EIFS, stucco or dryvit, wood, metal, or other approved material. Either wood or metal/steel or a combination of wood or metal/steel, shall be limited to a maximum of 15% of any building façade per material.

      (5)   Mechanical unit screening. All mechanical equipment shall be screened from public view. Screening must match building color. Ground-mounted mechanical units may be screened with an evergreen landscape screen. Exposed conduit, ladders, utility boxes, and drain spouts shall be painted to match the color of the building or an accent color.

      (6)   Trash and recycling collection areas. Trash and recycling collection areas shall be located to minimize visibility. Trash receptacles, recycling receptacles, and trash compactors shall be screened with an eight foot masonry wall of a consistent color and material as the primary building if visible from any public right-of-way or residentially zoned property. Enclosures shall be oriented so that the service opening does not face any public right-of-way or residentially zoned property. The opening shall incorporate a metal or wooden gate to visually screen the dumpster or compactor. The Sanitation Manager shall approve the location of the pad and the dumpster. Gates shall not be allowed to swing into a drive aisle or fire lane.

   (D)   Violations and appeals.

      (1)   Violations.

         (a)   This chapter of the Zoning Code shall be enforced under the provisions of Chapter 40. Any person who so violates this zoning code or fails to comply with any of its requirements, including the compliance with any official notice of violations, shall be subject to a fine detailed in § 40.39.

         (b)   The following are examples of violations; however, this list is not all inclusive:

            1.   To exceed secondary material limitations;

            2.   To install, create, or erect any structure requiring a permit without such permit;

            3.   To install, create, or erect any structure in a way that is inconsistent with any plan or permit governing such structure or the zoned lot on which the structure is located;

            4.   To continue any such violation. Each day of a continued violation shall be considered a separate violation when applying the penalty portions of this Zoning Code. A separate civil fine shall be assessed for each day a violation continues.

      (2)   Appeals.

         (a)   Appealing a Zoning Official's action or decision. Appeals to the Board of Zoning Adjustments may be made by any person or entity claiming to be injuriously affected or aggrieved by an official action or decision of the Zoning Official. Such appeal shall be made within 30 days after the appellant or his/her agent receives notice of the action appealed from, by filing with said officer and with the Board a notice of appeal specifying the grounds thereof, and giving notice of such appeal to any and all parties of record. Said officer shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was made and shall be treated as and be the respondent in such further proceedings. At any hearing by the Board, any interested person may appear and enter his/her appearance and all shall be given the opportunity to be heard. The Board shall fix a reasonable time for hearing the appeal and give public notice in accordance with KRS Chapter 424 as well as, written notice to the appellant and the Zoning Official at least one week prior to the hearing, and shall decide it within 60 days. The affected party may appear at the hearing in person or be represented by an attorney.

         (b)   Notice of violation appeals. Refer to § 40.35 for further information.

(Ord. 2023-1840, passed 4-27-23)