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Owingsville City Zoning Code

ZONING DISTRICT

REGULATIONS

§ 152.100 ESTABLISHMENT AND DESIGNATION OF DISTRICTS.

   The city is divided into zoning districts as shown on the zoning map and hereinafter described:
R-1
Single-family Residential District
R-2
Duplex and Single-family Residential District
R-3
Medium Density Multi-family Residential District
R-4
High Density Multi-family Residential District
P-1
Professional Office and Residential District
C-1
Neighborhood Commercial District
C-2
Highway Commercial District
C-3
Central Business District
C-4
General Commercial District
I-1
Light Industrial District
I-2
Medium Industrial District
I-3
Heavy Industrial District
H
Historic District
FP/C
Floodplain/Conservation District
A
Agricultural District
MH
Mobile Home District
P/SP
Public/Semi-public District
 
(Ord. 14-1986, passed 12-1-86)

§ 152.101 INTERPRETATION OF DISTRICT BOUNDARIES.

   The following rules will be used to interpret the exact location of the zoning district boundaries shown on the zoning map:
   (A)   Where a zoning district boundary follows a street, the center line of the street is the boundary of the district.
   (B)   Where a zoning district boundary approximately follows a lot line, that line is the boundary of the district.
   (C)   Where a zoning district boundary follows a stream or the like, that stream is the boundary of the district.
   (D)   Where a zoning district boundary does not clearly follow any feature mentioned above, the line's most accurate location shall be determined by measurement according to the map scale.
   (E)   Unassigned or new areas coming under the city zoning authority shall be temporarily zoned R-1. The Planning Commission shall study the annexed or unassigned area and make recommendations within 60 days to the City Council for a permanent classification. Notice shall be given as required by KRS Chapter 424.
(Ord. 14-1986, passed 12-1-86)

§ 152.102 SCHEDULE OF DIMENSION AND AREA REQUIREMENTS.

District
Minimum Lot Size/Maximum Density Per Acre
Minimum Lot Width
Minimum Yard Dimensions
Maximum Building Height
Maximum Percentage Lot Coverage By Building
Front
Rear
Side
District
Minimum Lot Size/Maximum Density Per Acre
Minimum Lot Width
Minimum Yard Dimensions
Maximum Building Height
Maximum Percentage Lot Coverage By Building
Front
Rear
Side
R-1
15,000 sq. ft.
75 ft.
30
30
12
2-1/2 stories/30 feet
40%
R-2
8,000 sq. ft.
70 ft. SF
25
25
10
2-1/2 stories/30 feet
40%
10 per acre
75 ft. DUP
R-3
7,500 sq. ft.
65 ft. SF
25
25
10
3 stories/40 feet
40%
16 per acre
75 ft. DUP
R-4
7,500 sq. ft.
65 ft. SF
25
20
8
3 stories/40 feet
50%
20 per acre
75 ft. DUP
P-1
7,500 sq. ft.
70 ft.
30
25
8
3 stories/40 feet
50%
C-1
7,500 sq. ft.
70 ft.
25
20
N/A(1)
2 stories/25 feet
75%
C-2
7,500 sq. ft.
50 ft.
25
20
N/A(1)
3 stories/40 feet
50%
C-3
7,500 sq. ft.
50 ft.
N/A
N/A
N/A(1)
50 feet
90%
C-4
7,500 sq. ft.
70 ft.
25
25
N/A(1)
3 stories/40 feet
70%
I-1
10,000 sq. ft.
75 ft.
30
30
N/A(1)
50 feet
50%
I-2
10,000 sq. ft.
75 ft.
30
30
N/A(1)
50 feet
50%
I-3
15,000 sq. ft.
100 ft.
30
30
N/A(1)
50 feet
50%
FPC
1 acre
100 ft.
N/A
N/A
N/A(1)
50 feet
40%
A
2 acres
150 ft.
50
50
25
50 feet
20%
MH
7,500 sq. ft.
70 ft.
30
25
10
20 feet
40%
(1) - Where adjoining a residential district, use must observe side yard requirements of adjoining district.
SF - Single-family residence
DUP - Duplex residential unit

§ 152.103 R-l SINGLE-FAMILY RESIDENTIAL DISTRICTS.

   The following regulations shall apply in R-1 Single-family Residential Districts as indicated:
   (A)   Permitted uses.
      (1)    Single-family dwellings.
              (2)    Customary general horticultural uses.
      (B)   Accessory uses.
              (1)    Garages and other buildings not used as a dwelling and incidental and accessory to the principal use.
              (2)    Swimming pools and private recreational facilities incidental to the principal use.
       (C)   Conditional uses.
              (1)    Home occupations for occupants only.
              (2)    One or two sleeping rooms in a structure.
              (3)    Churches, libraries, schools, public recreational facilities, governmental uses, public utilities (KRS 100.324), funeral homes, cemeteries, medical facilities, institutional uses, and private non-retail clubs. The Board of Zoning Adjustment may attach special conditions to its approval which it feels necessary to carry out the intent of this chapter and to preserve and protect the character of the district in which the proposed use would locate.
              (4)    In the event that a nonconforming mobile home, not located in a Mobile Home Zone (one that was grandfathered in) pursuant to this chapter, is destroyed beyond repair, a replacement mobile home may be moved into its place for continued use. The replacement mobile home may be the same size as the one being replaced or a larger mobile home may be used if the minimum yard dimensions are met according to § 152.102 in all R districts.
              (5)    Nonconforming mobile homes that existed before enactment of this chapter may be upgraded or replaced with a mobile home of the same size or a larger mobile home may be used if the minimum yard dimensions are met according to § 152.102 in all R districts.
              (6)    Conforming mobile homes now in existance may be upgraded or replaced.
       (D)   Dimension and area requirements. Requirements are established in the schedule of dimensions and area regulations in § 152.102. The applicable regulations shall be observed in each district as minimum requirements.
(Ord. 14-1986, passed 12-1-86; Am. Ord. 3-1988, passed 2-18-88; Am. Orrd. 8-1988, passed 7-19-88; Am. Ord. 7-1993, passed 7-12-93) Penalty, see § 152.999

§ 152.104 R-2 DUPLEX AND SINGLE-FAMILY RESIDENTIAL DISTRICTS.

       The following regulations shall apply in R-2 Duplex and Single-family Residential Districts:
       (A)   Permitted uses.
              (1)    Single-family residential dwellings.
              (2)    Two-family dwellings.
              (3)    Customary general horticultural uses.
       (B)   Accessory uses.
              (1)    Same as for R-l districts.
              (2)    Home occupations.
       (C)   Conditional uses.
              (1)    Same as for R-l districts.
              (2)    Home occupations that exceed the definition of "home occupation" in § 152.004.
       (D)   Dimension and area requirements. See schedule in § 152.102.
(Ord. 14-1986, passed 12-1-86) Penalty, see § 152.999

§ 152.105 R-3 MEDIUM DENSITY RESIDENTIAL DISTRICTS.

       The following regulations shall apply in the R-3 Medium Density Residential District:
       (A)   Permitted uses.
              (1)    Single-family dwellings.
              (2)    Two-family dwellings.
              (3)    Townhouses or attached single-family dwellings.
              (4)    Multi-family dwellings.
       (B)   Accessory uses. Same as for R-2 districts.
       (C)   Conditional uses. Same as for R-2 districts.
       (D)   Dimension and area requirements. See schedule in § 152.102.
(Ord. 14-1986, passed 12-1-86) Penalty, see § 152.999

§ 152.106 R-4 HIGH DENSITY RESIDENTIAL DISTRICTS.

       The following regulations shall apply in the R-4 High Density Residential District:
       (A)   Permitted uses.
              (1)    Two-family dwellings.
              (2)    Townhouses or attached single-family dwellings.
              (3)    Multi-family dwellings.
       (B)   Accessory uses. Same as for R-3 districts.
       (C)   Conditional uses. Same as for R-3 districts.
       (D)   Dimension and area requirements. See schedule in § 152.102.
(Ord. 14-1986, passed 12-1-86) Penalty, see § 152.999

§ 152.107 P-l PROFESSIONAL OFFICE DISTRICTS.

       The following regulations shall apply in the P-1 Professional Office District:
       (A)   Permitted uses.
             (1)    Administrative offices.
              (2)    Medical, dental, and similar offices and clinics.
              (3)    Hospitals.
              (4)    General business and professional offices where no retail business activity is conducted.
              (5)    Real estate, insurance, and banking facilities.
              (6)    Governmental buildings and uses.
              (7)    Radio stations.
              (8)    Schools, churches, places of assembly, recreational centers, and libraries.
              (9)    Funeral homes.
              (10)    Residential uses as permitted in an R-2 district.
       (B)   Conditional uses.
              (1)    Accessory retail activities that do not attract customers other than those on the premises.
              (2)    Day care centers, nursery schools, and the like.
              (3)    Veterinarian centers when located not closer than 1,000 feet from a residential structure.
              (4)    Townhouse type residential development as long as the density does not exceed that permitted in the R-2 district classification.
       (C)   Dimension and area requirements. See schedule in § 152.102.
(Ord. 14-1986, passed 12-1-86) Penalty, see § 152.999

§ 152.108 C-l NEIGHBORHOOD COMMERCIAL DISTRICTS.

   This district is for retail trade and personal service enterprises that will meet the regular needs of the surrounding neighborhood. The following regulations shall apply in the C-1 Neighborhood Commercial District:
   (A)   Permitted uses.
      (1)   Retail sales for neighborhood consumption.
      (2)   Consumer services for neighborhood consumption.
      (3)   Professional, business, and governmental offices.
      (4)   Public facilities such as libraries, churches, schools, recreational facilities, and other similar uses.
      (5)   Financial establishments.
      (6)   Accessory uses and buildings customarily incidental to permitted uses.
      (7)   Residential uses as permitted in the R-2 district.
   (B)   Conditional uses.
      (1)   Other uses similar to permitted uses but having a larger market area.
      (2)   When a C-1 district adjoins and is accessible from state and federal highways, those uses that have a greater market area, such as motels, restaurants, and the like, may be permitted.
   (C)   Dimension and area requirements. See schedule in § 152.102.
(Ord. 14-1986, passed 12-1-86) Penalty, see § 152.999

§ 152.109 C-2 HIGHWAY COMMERCIAL DISTRICTS.

   The following regulations shall apply in the C-2 Highway Commercial District:
   (A)   Permitted uses.
      (1)   Those uses permitted in the C-1 and P-1 districts including motels, service stations, auto sales, produce markets, and park-and-ride lots.
      (2)   Veterinarian hospitals, kennels, and the like.
      (3)   Commercial nurseries and greenhouses, including sales offices and accessory uses.
      (4)   Drive-in and fast food eating establishments.
      (5)   Outdoor and indoor display of farm implements, mobile homes, recreational vehicles, contracting equipment, and similar uses.
      (6)   Car washes.
      (7)   Other uses determined by the Board of Zoning Adjustment to be of the same general character.
   (B)   Conditional uses. Residential uses as permitted in the R-3 District.
   (C)   Dimension and area requirements. See schedule in § 152.102.
(Ord. 14-1986, passed 12-1-86) Penalty, see § 152.999

§ 152.110 C-3 CENTRAL BUSINESS DISTRICTS.

   The following regulations shall apply in the C-3 Central Business District:
   (A)   Permitted uses.
      (1)   Any use permitted in the C-1 district except service stations and businesses primarily for wholesale or storage activity, warehousing or manufacturing nature and any similar use which in the opinion of the Board of Zoning Adjustment would be detrimental to the orderly development of and the preservation of the C-3 Central Business District.
      (2)   Residential uses as permitted in the R-4 district.
   (B)   Conditional uses.
      (1)   Service stations and automobile dealerships.
   (C)   Dimension and area requirements. See schedule in § 152.102.
(Ord. 14-1986, passed 12-1-86) Penalty, see § 152.999

§ 152.111 I-l LIGHT INDUSTRIAL DISTRICTS.

   The following regulations shall apply in the I-1 Light Industrial District:
   (A)   Permitted uses.
      (1)   Wholesale business activity.
      (2)   Warehouses.
      (3)   Laboratories.
      (4)   Assembly plants.
      (5)   Other similar establishments making, preparing, packing, and storing of items, provided that these enterprises are consistent with the definition of light industry in § 152.004.
   (B)   Dimension and area requirements. See schedule in § 152.102.
(Ord. 14-1986, passed 12-1-86) Penalty, see § 152.999

§ 152.112 I-2 MEDIUM INDUSTRIAL DISTRICTS.

   The following regulations shall apply in the I-2 Medium Industrial District:
   (A)   Permitted uses.
      (1)   Assembly plants of a more intensive nature than in I-l districts.
      (2)   Machine shops.
      (3)   Manufacturing plants.
      (4)   Food processing plants.
      (5)   Other similar establishments making, preparing, packing, and storing of items, provided that such enterprises are consistent with the definition of medium industry in § 152.004.
   (B)   Dimension and area requirements. See schedule in § 152.102.
(Ord. 14-1986, passed 12-1-86) Penalty, see § 152.999

§ 152.113 I-3 HEAVY INDUSTRIAL DISTRICTS.

   The following regulations shall apply in the I-3 Heavy Industrial District:
   (A)   Permitted uses.
      (1)   All uses permitted in the I-1 and I-2 districts.
      (2)   All uses meeting the definition of heavy industry in § 152.004, including junkyards, provided that all local, state, and federal regulations are complied with.
   (B)   Dimension and area requirements. See schedule in § 152.102.
(Ord. 14-1986, passed 12-1-86) Penalty, see § 152.999

§ 152.114 HISTORIC DISTRICTS.

   (A)   A historic district is a designated zone that may be superimposed over any other zoning district where the provisions of the other zoning district are applicable as well as the provisions contained herein. The historic district is intended to protect the historic character to the fullest extent of those buildings and areas so designated.
   (B)   All buildings within a historic district shall not be demolished or moved without first obtaining a permit from the Board of Zoning Adjustment. In such instances, upon proper application and notice, the Board of Zoning Adjustment shall conduct a public hearing to determine if the permit should be granted. The Board of Zoning Adjustment may seek advice and recommendations from the Planning Commission, any historical society, architect, engineer, historian, or other qualified person as well as any governmental agency as deemed necessary by the Board of Zoning Adjustment.
   (C)   Proposed construction in historic zones of new buildings, structures, or major landscape modification shall not begin without prior approval of a development plan by the Planning Commission. The Planning Commission may also call upon expert assistance to aid in reviewing any development plan. The procedure for historical review before the Planning Commission shall be the same as for the requesting of variances before the Board of Zoning Adjustment.
   (D)   The Board of Zoning Adjustment and the Planning Commission shall fully examine the nature of any proposal, the historical significance of any buildings to be demolished or substantially altered, the historical character of the area, the future land use of the site, and shall work to achieve architectural compatibility and to protect the historical character of the area.
   (E)   This section does not grant local bodies the authority to prevent a landowner from moving or demolishing a structure otherwise permissible. It is the intent of this section, and the review process herein established, to assure that a project is not ill conceived. If it is not, this process will provide the time and a forum upon which valid alternatives can be aired publicly.
(Ord. 14-1986, passed 12-1-86) Penalty, see § 152.999

§ 152.115 FP/C FLOODPLAIN CONSERVATION DISTRICTS.

   (A)   The Floodplain/Conservation Districts herein established and so designated on the zoning map are intended to protect significant natural features, waterways, existing lakes, recreational resources, wildlife habitats, present and future water supplies, and to minimize erosion of soil and pollution of streams. The following regulations shall apply in the FP/C Floodplain/Conservation Districts:
   (B)   Permitted uses.
      (1)   Agricultural activities.
      (2)   Forestry uses.
      (3)   Lakes, ponds, and storm water retention facilities.
      (4)   Buildings and structures with the provision that all construction shall be designed so as to not alter or obstruct the flow of waters and shall be adequately anchored to prevent the building from being damaged or destroyed by the water flow or from high water in times of flooding.
       (C)   Dimension and area requirements. See schedule in § 152.102.
(Ord. 14-1986, passed 12-1-86) Penalty, see § 152.999

§ 152.116 A AGRICULTURAL DISTRICTS.

       The following regulations shall apply to A Agricultural Districts in order to conserve agricultural lands for continued farm use and to minimize urban types of development in areas where urban services have not or most likely will not be extended.
       (A)   Permitted uses.
              (1)    Agricultural uses including farm dwellings and accessory farm buildings.
              (2)    The growing, harvesting, and storage of crops.
              (3)    The keeping, raising, and feeding of livestock.
       (C)   Conditional uses.
              (1)    Commercial feedlot operations.
              (2)    Governmental uses.
              (3)    Recreational and open space uses.
       (D)   Dimension and area requirements. See schedule in § 152.102.
(Ord. 14-1986, passed 12-1-86) Penalty, see § 152.999

§ 152.117 MH MOBILE HOME DISTRICTS.

       The intent of this section is to permit the establishment of mobile home parks in a residential setting convenient to major traffic arterials. Mobile homes shall be located in a designated mobile home park or in a mobile home subdivision. These areas shall be designated as MH districts. The following regulations shall apply in MH Mobile Home Districts:
       (A)   Permitted uses.
              (1)    Mobile home parks which shall consist of more than one mobile home.
              (2)    Mobile home subdivisions which shall consist of more than one mobile home.
       (B)   Accessory uses.
              (1)    Those accessory uses customarily incidental to any permitted principal use.
              (2)    Recreational areas for the residents of the mobile home park or subdivision.
       (C)   Conditional uses.
              (1)    Incidental retail uses for the residents of the district.
              (2)    Laundries and nurseries for the residents of the district.
       (D)   Dimension and area requirements. See schedule in § 152.102.
(Ord. 14-1986, passed 12-1-86)
       (E)   (1)   The following state licensed mobile home parks will be zoned MH Zones, and allowed to continue operating as grandfathered in by the state:
Trailer Park
Spaces
Location
Trailer Park
Spaces
Location
Denton Trailer Park
8
Located on Water Street
Hornback Trailer Park
4
Located on Denton Drive
Metz Trailer Park
2
Located on Suddith Street
Orme Trailer Park
4
Located on Rowland Avenue
Tara II Trailer Park
3
Located on Sharon Rose Drive
Taylor Trailer Park
8
Located off Slate Avenue (behind the Church of God)
Williams Trailer Park
5
Located on West Highway 36
 
               (2) The following guidelines will pertain to the above named trailer parks: If a mobile home moves from a licensed mobile home park and is replaced by another mobile home, the replacement mobile home shall not exceed the dimensions of mobile home being replaced unless there is adequate space for a larger mobile home as set forth in KRS 219.310 to 219.410 and the regulations adopted by the Secretary of the Cabinet for Human Resources at the time of enactment of this section.
(Ord. 4-1993, passed 5-10-93)
Penalty, see § 152.999

§ 152.999 PENALTY.

       (A)   Violation of the provisions of this chapter or failure to comply with any of its requirements, including violations of conditions established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not less than $100 and not exceeding $500 or imprisoned for not more than two days, or both, and in addition, shall pay all costs and expenses that may be involved in the case. Each day a violation continues shall be considered a separate offense.
       (B)   The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains a violation may each be found guilty of a separate offense and suffer the penalties provided herein.
       (C)   Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. 14-1986, passed 12-1-86; Am. Ord. 13-1988, passed 10-3-88)