This order shall be known and may by cited as "The Zoning Ordinance, Paris-Bourbon County, Kentucky."

   The zoning map referred to herein is entitled "Zoning Map-Paris-Bourbon County, Kentucky."

(Am. Ord. 2014-12, passed 7-15-14)

   This order shall become effective immediately upon its adoption, the general welfare demanding it.

(Am. Ord. 2014-12, passed 7-15-14)

   The power to enact this order is granted to this area under the authority of KRS 100.201.

(Am. Ord. 2014-12, passed 7-15-14)

   It is the intent, purpose, and scope of this order to promote and protect the health, safety, morals, and general welfare of the area and to protect existing agricultural and residential land uses by regulating the location, height, size, and use of buildings and other structures, and the use of land for trade, industry, residence, or other purposes.

   The objectives and goals of this order are to provide for the harmonious and orderly development of Paris-Bourbon County in accordance with the Comprehensive Plan.

(Am. Ord. 2014-12, passed 7-15-14)

   This Zoning Order shall be strictly construed and may not be extended by implication except where the intention of the legislative body must prevail. In their interpretation and application, the provisions of this order shall be held to minimum requirements.

   Whenever this order imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or resolutions or orders, the provisions of this order shall govern.

(Am. Ord. 2014-12, passed 7-15-14)

   If any word or words, phrase or phrases, sentence or sentences of this order should be declared unconstitutional, it shall not thereby invalidate any other portion of this order.

(Am. Ord. 2014-12, passed 7-15-14)

   Except as herein otherwise provided, all existing and future structures and uses of premises within the city limits of Paris, shall conform with all applicable provisions of this order.

   Each zoning district is established to permit only those uses specifically listed as permitted, except as hereinafter provided under the conditional use, home occupation, and non-conforming provisions, and is intended for the protection of those uses.

   No other uses shall be permitted.

(Am. Ord. 2014-12, passed 7-15-14)

   For purpose of these regulations, certain terms, phrases, words, and their derivatives are defined as follows:

   Words used in the present tense include the future, words in the singular include the plural and the plural the singular.

   The word "BUILDING" includes the word "STRUCTURE"; the word "SHALL" is mandatory and not directory.

   "ACCESSORY BUILDING." A structure incidental and subordinate to the principal structure on the same lot, and serving a purpose customarily incidental thereto. No accessory structure can be constructed on a lot before a principal structure. A parked mobile home shall not be considered an accessory building. See also Section 80.201 (District Regulations).

   "ACCESSORY USE." A use that is incidental and subordinate to that of the main structure, or use of land, and that is located on the same lot and under the same ownership in all respects.

   "ADMINISTRATIVE OFFICIAL." Any department, employee, or advisory, elected, or appointed body which is authorized, and/or certified as applicable, to administer any provision of the zoning regulation, subdivision regulations, and, if delegated, any provision of any housing or building regulation, or any other land use control regulation.

   "AGRICULTURAL USE." Use of a tract of:

   (A)   A tract of least five (5) contiguous acres for the production of agricultural or horticultural crops, including but not limited to livestock, livestock products, poultry, poultry products, grain, hay, pastures, soybeans, tobacco, timber, orchard fruits, vegetables, flower, or ornamental plants, including provision for dwellings for persons and their families who are engaged in the agricultural use on the tract, but not including residential building development for sale or lease to the public.

   (B)   Regardless of the size of the tract of land used, small farm wineries licensed under KRS 243.155.

   (C)   A tract of at least five (5) contiguous acres used for the following activities involving horses:

      1.   Riding lessons;

      2.   Rides;

      3.   Training;

      4.   Projects for educational purposes;

      5.   Boarding and related care; or

      6.   Shows, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving more than seventy (70) or less participants. Shows, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving more than seventy (70) participants shall be subject to local applicable zoning regulations; or

   (D)   A tract of land used for the following activities involving horses:

      1.   Riding lessons;

      2.   Rides;

      3.   Training;

      4.   Projects for educational purposes;

      5.   Boarding and related care; or

      6.   Show, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving more than seventy (70) or less participants. Shows, competitions sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving more than seventy (70) participants shall be subject to local applicable zoning regulations.

      This paragraph shall only apply to acreage that was being used for these activities before July 13, 2004.

   “AREAS: HISTORIC, SCENIC OR CONSERVATION.” Areas designated by the National Historic Society, the Kentucky Heritage Commission, the Bourbon County Joint Planning Commission and/or any governmental agency for the purpose of preservation.

   “BOARD OF ADJUSTMENT or BOARD.” The Joint Board of Adjustment having jurisdiction over unincorporated Bourbon County, the City of Paris and the City of North Middletown in accordance with the amended interlocal agreement for a joint planning unit.

   "BUILDING PERMIT." A permit issued by the Building Inspector authorizing the construction or alteration of a specific building on a specific lot.

   "CITIZEN MEMBER." Any member of the Planning Commission or Board of Adjustment who is not an elected official or employee of the city or county.

   "CONDITIONAL USE." A use which is essential to, or would promote the public health, safety, or welfare in one or more zones, but which would impair the integrity and character of the zone in which it is located, or of adjoining zones, unless restrictions on location, size, extent, and character of performance are imposed in addition to those imposed in the zoning regulation.

   "CONDITIONAL USE PERMIT." Legal authorization to undertake a conditional use, issued by the administrative official pursuant to authorization by the Board of Adjustment, consisting of two (2) parts:

   (A)   A statement of the factual determination by the Board of Adjustment which justifies the issuance of the permit; and

   (B)   A statement of the specific conditions which must be met in order for the use to be permitted.

   "CONDOMINIUM DEVELOPMENTS." Developments subject to the Kentucky Horizontal Property Law, in which there is separate ownership of individual units and communal ownership of those improvements owned neither by one individual unit owner, not by a local government or utility." (Am. Ord. passed 11-8-2005)

   "CONVENIENCE MARKETS." A retail business designed to sell snack and grocery items and health and beauty aids along with the retail sales of gasoline. Grease racks and repair facilities would be expressly prohibited under this definition.

   "DEVELOPMENT PLAN." Written and graphic material for the provision of a development, including any or all of the following: location and bulk of buildings and other structures, intensity of use, density of development, streets, ways, parking facilities, signs, drainage of surface water, access points, a plan for screening or buffering, utilities, existing manmade and natural conditions, and all other conditions agreed to by the applicant.

   "DIMENSIONAL VARIANCE." A departure from the terms of the zoning regulation pertaining to height or width of structures, or the size of yards and open spaces, where such departure will not be contrary to the public interest, and where, owing to conditions peculiar to the property because of its size, shape, or topography, and not as a result of the actions of the applicant, the literal enforcement of the zoning regulations would result in unnecessary and undue hardship.

   "DISTRICT." A portion of the territory, within the City of Paris, in which certain regulations and requirements apply under the provision of this Zoning Ordinance.

   "DWELLING." Building or portion thereof occupied exclusively for residential purposes, not including a mobile home or trailer, and falling into one of the following categories:

   (A)   "SINGLE FAMILY DWELLING." Building occupied and intended for use exclusively for residence purposes by one family or housekeeping unit.

   (B)   “TWO-FAMILY DWELLING." Building occupied and intended for use exclusively by two (2) families or two (2) housekeeping units, commonly known as a duplex.

   (C)   "TOWNHOUSES." A group of three (3) or more attached, one or two-story, single-family dwellings each separated by a common vertical wall, of which unit has its own entrance and lot, including front yard and back yard.

   (D)   "MULTI-FAMILY DWELLING." Building or portion thereof occupied by three (3) or more housekeeping units, each with separate living quarters, cooking, and bathroom facilities.

   "DWELLING UNIT." One room or rooms connected together, constituting a separate, independent housekeeping establishment for occupancy by a family as owner, one or more persons, by rental or lease on a weekly, monthly, or longer basis and physically separated from any other rooms or dwelling units which may be located in the same building, and containing independent cooking, bathroom and sleeping facilities.

   "HOME OCCUPATION." An occupation carried on in a dwelling unit or other structure accessory to a dwelling unit, by a member or members of the bona fide residents of the dwelling and which is clearly incidental and secondary to the use of the dwelling unit for residential purposes, provided such home occupation is performed under the conditions set out in Article III, Section 80.201.A.3(a)(1)ii.

   "HOUSING OR BUILDING REGULATION." The Kentucky Building Code, the Kentucky Plumbing Code, and any other building or structural code promulgated by the Commonwealth or by its political subdivisions.

   "JUNKYARD." A lot, land, or structure, or part thereof used primarily for the collecting, storage or sale of waste paper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and/or for the sale of parts thereof.

   "LEGISLATIVE BODY." Bourbon County Fiscal Court or the Paris City Commission.

   "LOT OF RECORD." A lot which is recorded in the office of the Bourbon County Clerk.

   "MANUFACTURED HOME." A structure manufactured after June 15, 1976, and in accordance with the federal act (National Manufactured Housing Construction and Safety Standards Act); which is transportable in one (1) or more sections which, in the traveling mode, is eight (8) body feet or more in width and forty (40) body feet or more in length, or when erected on site is three hundred, twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling, place of business, profession, or trade, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. Each transportable section must have the red label certifying that the structure is built to HUD specifications. "Manufactured Homes" must also be reviewed and certified by the Kentucky Division of Building Codes Enforcement, Modular and Manufactured Housing.

   "MICRO-BREWERY." An establishment, within a completely enclosed building, which is intended for the production of up to 25,000 barrels per year, of malt beverages, to include providing sampling, and sales by the drink, or by package, of malt beverages in accordance with the terms, conditions, and licenses specified by KRS 243.088, KRS 243.150, and KRS 243.157, and other applicable federal, state, and local laws.

   "MICRO-DISTILLERY (Craft Distillery)." Small establishment primarily engaged in on-site distillation of spirits (Examples: vodka, gin, tequila, rum, whiskey) and may include retail and food service. Typically, micro-distilleries offer free tours and tastings to those over 21. Establishments must be in accordance with KRS 243.0305, KRS 243.120, KRS 243.240, KRS 243.250, and other federal, state and local laws.

   "MINI-WAREHOUSES." Structures designed primarily for the storage of retail or personal property. Wholesale storage may be allowed by Board of Adjustment with stipulation no sales may be conducted on mini-warehouse lot.

   "MOBILE HOME." A structure manufactured prior to June 15, 1976, which was not required to be constructed in accordance with the federal act (National Manufactured Housing Construction and Safety Standards Act), which is transportable in one (1) or more sections which, in the traveling mode, is eight (8) body feet or more in width and forty (40) body feet or more in length, or when erected on site is three hundred, twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. A "mobile home" is considered a "manufactured home", except that it is built before June 15, 1976.

   "MODULAR HOME." A factory-built home, other than a manufactured home, which is designed only for erection, or installation, on a site-built permanent foundation; is not designed to be moved once so erected or installed. These structures are known in Kentucky as "Kentucky Industrialized Building Systems", with plans and site review and approval to be done by the Kentucky Division of Building Codes Enforcement, Modular and Manufactured Housing.

   “NON-CONFORMING LOTS.” Lots of record at the time of adoption or amendment of this Zoning Ordinance, that do not conform with the current minimum lot area, width, depth or street frontage regulations prescribed for the district in which the lot is located.

   “NON-CONFORMING STRUCTURES.” Structures that were lawful prior to adoption or amendment of this Zoning Ordinance, but do not currently conform with the setbacks, coverage, height or other structural restrictions.

   “NON-CONFORMING USES.” Uses of land or structures that were lawful prior to the adoption or amendment of this Zoning Ordinance but would be prohibited, regulated or restricted under this Zoning Ordinance in the district in which they are located. Included in this definition are uses that would be otherwise permitted in the district by this Zoning Ordinance, but do not meet the requirements associated with such uses, e.g., parking, open space, setbacks, and the like.

   "OUTDOOR ADVERTISING." A visible, immobile contrivance or structure in any shape or form, the purpose of which is to advertise any product or service, campaign, event, and the like.

   "PLANNING COMMISSION." The Bourbon County Joint Planning Commission.

   "PLANNING OPERATIONS." The formulating of plans for the physical development and social and economic well-being of a planning unit, and the formulating of proposals for the means of implementing the plans.

   "PLANNING UNIT." The City of Paris, or Bourbon County, or in combination of both engaged in planning operations, in accordance with KRS 100.113.

   "PLAT." A prepared drawing to an appropriate scale of a proposed lot(s) or parcel(s) of land as required in these regulations.

   "POLITICAL SUBDIVISION." A separate legal entity of a state that has governmental powers and functions; ordinarily a city, county, school district, and other similar governmental entities.

   "PUBLIC FACILITY." Any use of land whether publicly or privately owned, for transportation, utilities, or communications, or for the benefit for the general public, including but not limited to libraries, streets, schools, fire or police stations, county buildings, municipal buildings, recreational centers including parks, and cemeteries.

   "REGULATION." Any enactment by the legislative body of a city or county whether it is an ordinance, resolution, or an order, and including regulations for the subdivision of land adopted by the Planning Commission.

   "SET-BACK LINE." The minimum yard distance, required by these regulations, to be maintained between a given lot line or R.O.W and any portion of a structure - front, rear, and side, as specified. (See drawing below)

   "SIGN." Any name, identification, description, display, illustration, or device, which is affixed to, painted, or represented directly or indirectly upon a building, structure, or land, in view of the general public and which directs attention to a product, place, activity, person, or business. The term "SIGN" shall not include the flag, pennant, or insignia of any nation, state, city, or other political unit, or of any civic, professional, religious, or like society, campaign, drive, movement or event.

   "SIGN, BILLBOARD." A sign, which directs attention to a product, person, or activity with no information as to where such product, person, or activity is available.

   "SIGN, FREE-STANDING." A non-movable sign which is not attached to any building or structure but is self-supporting. The structural elements of a free-standing sign which are not part of the display, shall not be included in computing the area of such a sign, and placement shall be in accordance with Section 80.202.

   "SIGN, ILLUMINATED." A sign lighted by, or emitting, artificial lighting either by lights on or inside the sign, or directed toward the sign. Illumination must be consistent with the guidelines provided in Section 80.202 (Signs and Outdoor Advertising).

   "SIGN, OFF PREMISES." A sign which directs attention to a specific location or establishment where a business, product, service, or activity is generally conducted, sold or offered elsewhere other than on the premises where such sign is located.

   "SIGN, ON PREMISES." A sign which directs attention to a business, profession, product, activity, or entertainment, sold or offered upon the premises which such sign is located.

   "SIGN, PORTABLE." A sign that is not permanently affixed to a building, structure, or the ground, and may periodically be moved to various locations on the property.

   "SIGN, PROJECTING." Any sign which is attached directly to a canopy, marquee, or wall of a building or other structure, the surface of which extends horizontally outward from such canopy, marquee, or wall more than twelve (12) inches.

   "SIGN, TEMPORARY." A sign or advertising display intended to be displayed for a limited time only and including: announcements relating to sales, drives, or events of a civic or philanthropic, educational, or religious organization; signs advertising the specific property on which they are placed for sale, lease, or rent; posters for candidates and issues for public election; portable signs designed to be moved from place to place; and signs identifying the name of a subdivision or a development project, including the names of architectural, engineering, construction, financing, or sales firms engaged in the development of such a project.

   "SIGN, WALL." A sign, which is attached or painted with the surface parallel to the face of a wall of a building or other structure.

   "SITE PLAN." Similar to a development plan, but not as much detail is required. A site plan shows a lot with the location of all existing and proposed structures, yard setbacks, driveways, parking spaces, means of ingress and egress, drainage facilities, street grades, and proposed finished grades, and any other information that may be reasonably required in order to make an informed decision, as detailed in Article VI. To obtain a building permit for single family or two family residential housing from the Administrative Officer, or for a zoning map amendment for single family or two family residential, a site plan is required. For all other building permits or zoning map amendments a development plan is necessary.

   "STRUCTURE." Anything constructed or made, the use of which requires permanent location in or on the ground, or attachment to something having a permanent location in or on the ground, including buildings, signs, and in-ground swimming pools.

   "SUBDIVISION." The division of a parcel of land into two (2) or more lots or parcels for the purpose, whether immediate or future, of sale, lease, or building development, or if a new street is involved, any division of a parcel of land; providing that a division of land for agricultural purposes into lots or parcels of five (5) acres, or more and not involving a new street shall not be deemed a subdivision. The term includes re-subdivision and when appropriate to the context, shall relate to the process of subdivision or to the land subdivided. Any division or re-division of land into parcels of less than one (1) acre occurring within twelve (12) months following a division of the same land shall be deemed a subdivision.

   "UNOBSTRUCTED OPEN SPACE." An area of land required to be maintained as specific herein, upon which no structure may be erected except those accessory structures used in connection with the movement or regulation of traffic.

   "VARIANCE." A modification from the literal provisions of these regulations by the Board of Adjustment in cases where a literal enforcement of its provisions would result in unnecessary hardship due to circumstances unique to the individual property for use for which the variance is granted.

   "WINERY" A commercial facility for the fermentation and processing of grapes or other products into wine. The term "winery" shall include winery visitor's center, which includes tour and tasting facilities, and a gift shop for retail sales of wines and wine related items. The winery shall be permitted to sell at retail, from the premises, wine by the glass and bottle to visitors for consumption on the premises as well as to sell at retail sealed bottles or other sealed containers of such wine for consumption off the premises. The winery shall operate in accordance with KRS 243.031, KRS 243.088, KRS 243.120, KRS 243.154, KRS 243.155, and other applicable federal, state and local laws.

   "YARD." An open space between a principal structure and each lot line, unoccupied and unobstructed by any portion of the structure from the ground upward, except as otherwise provided in this ordinance. (See graphic following "SETBACK LINE" definition).

   "ZONE." Land use regulation of which the basic purpose and function is to divide a municipality into districts (residential, commercial, industrial, and the like) as depicted on the Official Paris Zoning Map. Districts are separate from one another, with the use of property within each district being reasonably uniform. The districts generally have additional restrictions within these regulations.

(Am. Ord. passed 7-6-76, Section 1; Am. Ord. passed 8-3-76, Section 1; Am. Ord. passed 12-29-80, Section 1; Am. Ord. 10-86, passed 3-25-86; Am. Ord. 2014-12, passed 7-15-14; Am. Ord. 2019-7, passed 8-13-19)

___________

   A.   Districts.

      1.   For the purpose of these regulations, the Paris area is hereby divided into the following districts:

   A-   Agricultural

   R-1   Residential

   R-2   Residential

   R-3   Residential

   R-4   Residential

   R-5   Residential

   R-6   Residential

   R-7   Residential

   R-8   Residential

   B-1   Central Business

   B-2   General Commercial

   B-3   Neighborhood Commercial

   I-1   Light Industrial

   I-2    Heavy Industrial

   C-   Conservation

   H-M   Hospital/Medical

   H   Historic

   PUD   Planned Unit Development

(Am. Ord. passed 5-6-80, Section 1)

   B.   Zoning Map.

      1.   The above districts are bounded and defined as shown on a map entitled "Official Zoning Map, Paris-Bourbon County, Kentucky".

   In addition to its title, each separate section of the zoning map shall be identified by the signature of the Mayor, attested by the City Clerk and bearing the seal of the city under the following words:

   "This is to certify that this is a section of the official zoning map referred to in Section 80.100.C. of the Paris Zoning Order, adopted by the City Commission."

   If, in accordance with the provisions of this order and Kentucky Revised Statutes, changes are made in zoning boundaries or other matters portrayed on the official zoning map, such changes shall be made by the local governing body together with an entry on the official zoning map giving a brief description of nature of change, which entry shall be signed by the legislative officer and attested. No amendment to these regulations which involves matters portrayed on the official zoning map shall become effective until after such change and entry have been made on said map.

   No changes of any nature shall be made on the official zoning map or matter shown thereon except in conformity with the procedures set for the herein. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of these regulations and punishable as provided under Section 80.303.

   Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map which shall be located in the office of the Director of Engineering Services, shall be the final authority as to the current zoning status of land, buildings, and other structures within the county.

   C.   Replacement of the Official Zoning Map.

   In the event that the official zoning map becomes damaged, destroyed, or difficult to interpret because of the nature or number of changes, the legislative body may, by resolution, adopt a new official zoning map which shall supersede the prior official zoning map. Separate sections of the map may also be replaced as needed. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original zoning regulations or any subsequent amendment thereof. Each new section of the zoning map shall be identified by the signature of the City Mayor or County Judge attested by the Clerk and bearing the seal of the city or county under the following words:

   "This is to certify that this Section of the Official Zoning Map supersedes and replaces the same Section of the Official Zoning Map adopted December 12, 1972 for Paris-Bourbon County, Kentucky."

   The old map shall be retained as a part of the Commission records. (Ord. passed 12-12-72)

(Am. Ord. 2014-12, passed 7-15-14)

   A.   Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

      1.   Boundaries indicated as approximately following the center-lines of streets, highways, or alleys shall be construed to follow such center lines;

      2.   Boundaries indicated, as approximately following city limits shall be construed as following city limits;

      3.   Boundaries indicated, as approximately following platted lot lines shall be construed as following platted lot lines;

      4.   Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;

      5.   Boundaries indicated as approximately following the center-lines of streams, rivers, valleys, ditches, gulleys, or other bodies of water shall be construed to follow such center-lines;

      6.   Boundaries indicated as parallel to or extensions of features listed in numbers 1. through 5. above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map;

      7.   Areas indicated by reference to subdivision or other plats of record shall have the boundaries shown on such plats;

      8.   Where physical or manmade features existing on the ground are at variance with those shown on the official zoning map or in other circumstances not covered by 1. through 7. above, the Planning and Zoning Commission shall interpret the district boundaries.

(Am. Ord. 2014-12, passed 7-15-14)

   A.   The regulations established herein within each district shall be minimum regulations and shall apply uniformly to each class or kind of structures or land, except as hereinafter otherwise provided:

   B.   No building, structure, or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, restructured, moved, or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.

   C.   No building or other structure shall hereafter be erected or altered:

      1.   To exceed the height:

      2.   To accommodate or house a greater number of families;

      3.   To occupy a smaller lot area;

      4.   To have narrower or small rear yards, front yards, side yards, or other open spaces; than herein required, or in any manner contrary to the provisions of these regulations.

   D.   No part of a yard or other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with these regulations shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

   E.   No yard or lot existing at the time of passage of these regulations shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of these regulations shall meet at least the minimum requirements established herein.

   A.   No land shall be used or occupied and no structure shall be designed, erected, altered, used, or occupied except for the following primary permitted uses for each of the several following districts, together with lawfully permitted home occupations and temporary uses as listed below and permitted accessory uses.

            (1)   Public Park, playground, and other public recreation areas.

            (2)   Uses by temporary permit:

               i.   Non-commercial concrete batching plant (permit not to exceed six (6) months).

               ii.   Temporary building, office, or yard for construction (permit not to exceed six (6) months). See also Section 80.204.B. specific to “Residential Districts”.

               iii.   Temporary building for conducting business during construction, repair, or remodeling of principle building (permit not to exceed six (6) months).

(Am. Ord. passed 11/12/02, Section 1)

            (3)   Accessory Uses and Structures:

               i.   Uses permitted: customary accessory uses shall be permitted in any zoning district provided such use is directly related to the principal use.

               ii.   Height and setback: unless otherwise indicated in the following table, the height and yard setback requirements for accessory structures and uses shall be the same as for the principal permitted structures and uses.

               iii.   Table of Special Height and Setback Requirements:

(Am. Ord. passed 11-13-73, Section 1)

(Am. Ord. Passed 11-13-73, Section 1)

               i.   Agricultural activities including agricultural crops, dairying, and the raising of fowls or animals of any kind and feeding lots.

               ii.   Single-family dwellings occupied by the owner or operator of the farm and such additional single-family dwellings as are necessary for occupancy by the employees of the farm operation. Permanent type buildings (not mobile homes) erected for this purpose and afterwards found to be unnecessary for such purpose may be rented for residential use.

               iii.   Sale on the premises of agricultural products produced on the premises.

               iv.   Public, semi-public, and private lands for open space reserves that may be for permanent open spaces for future development in accordance with this ordinance.

               i.   Accessory buildings which are not a part of the main buildings, including barns, sheds, and other farm buildings. Private garages and accessory buildings which are part of the main buildings shall be permitted.

               i.   No building or structure shall exceed thirty-five (35) feet in height.

               i.   Public and parochial schools and colleges, private schools and colleges for academic instruction.

               ii.   County clubs, golf courses. libraries, public parks, playgrounds and community centers, churches, public and private non-commercial recreation areas, public utilities, public transportation, and any federal, state, city or county-owned public buildings and/or uses. Also animal hospitals.

               i.   Single-family dwellings which are not mobile homes. Anything to the contrary notwithstanding, a mobile home prohibited in a residential district for purposes of this ordinance shall not be deemed to include what is commonly known as a modular home which is intended as a permanent structure, even though all or a part of said home shall be initially moved upon the premises upon wheels, provided same is promptly converted into a permanent structure. The minimum specifications required to qualify a modular home shall be as fixed from time to time by the Planning Commission. In any case, the home must be securely connected to a permanent type of foundation, and have the hitches, axles and wheels removed. These structures are known in Kentucky as “Kentucky Industrialized Building Systems”, with plans, site review and approval to be done by the Kentucky Division of Building Codes Enforcement, Modular and Manufactured Housing.

(Am. Ord. passed 6-25-74)

               ii.   Home occupations as defined in Section 80.008 (definition of home occupations) herein, and which meet the following criteria (i-vii):

                  (i)   The operator must be resident in the principal building on the property;

                  (ii)   No more than one person, not a resident of the premises, may be employed regularly;

                  (iii)   The use will occupy no more than twenty-five percent (25%) of the total floor area of the dwelling;

                  (iv)   The use does not change the appearance of any structure from that of a residence;

                  (v)   The use does not adversely affect the immediate neighborhood by excessive traffic generation, noise, or similar nuisance;

                  (vi)   No outside signage shall be permitted except one professional, or announcement, sign not to exceed 2 square feet in area;

                  (vii)   Home occupations are to be limited to those listed below (A-M):

                     (A)   Beauty shop;

                     (B)   Custom dressmaking, millinery, tailoring, sewing of fabrics for custom apparel and custom home furnishings;

                     (C)   Business office in which goods, wares, or merchandise are not commercially created, stored or sold;

                     (D)   Tutoring, limited to not more than four (4) children simultaneously;

                     (E)   Fine arts studio in which are created only individual works of art;

                     (F)   Rooming and/or boarding of not more than four (4) persons;

                     (G)   Bakeries, which do not employ more than two (2) full time persons;

                     (H)   Antique shops;

                     (I)   Art galleries;

                     (J)   Photography studios;

                     (K)   Computer consulting and services;

                     (L)   Catering;

                     (M)   Dog grooming.

               iii.   Bed and breakfast establishments limited to five (5) separate accommodations.

(Am. Ord. 14-84, Section I, passed 5-29-84; Am. Ord. 15-86, passed 6-10-86; Am. Ord. 46-88, passed 9-13-88; Am. Ord. 90-36, passed 12-11-90; Am. Ord. 93-23, passed 6-22-93; Am. Ord. passed 12-11-97; Am. Ord. 2001-2, passed 1-9-01)

               i.   Mobile homes are expressly prohibited.

(Am. Ord. passed 3-2-76, Section 1)

(Ord. passed 12-12-72)

               i.   There shall be only one single-family dwelling located on a single lot of not less than twenty-two thousand, five hundred (22,500) square feet in area. The minimum lot width measured at the building setback line shall not be less than one hundred, fifty (150) feet.

               i.   The following uses are permitted as conditional uses and require written approval of the Board of Adjustment. Churches and other places of worship; parish houses; public libraries; schools; municipal, county, state or federal uses; pumping stations; utility offices; substations; utilities; funeral homes; cemeteries; nursing homes; hospitals for human care; philanthropic institutions and clubs, except a club the chief activity of which is conducted as a business; radio broadcasting and executive offices; offices of doctors, optometrists, realtors, or lawyers; state approved child care service where over five (5) children are present. The Board of Adjustment may deny approval or attach certain conditions to its approval which it feels are necessary requirements in order to preserve and protect the character of the district.

(Am. Ord. passed 5-8-73; Am. Ord. passed 9-9-75, Section 1; Am. Ord. 9-86, passed 3-25-86; Am. Ord. 91-31, passed 11-12-91)

               i.   Single-family dwellings which are not mobile homes.

               ii.   Home occupations as defined in Section 80.008 (definition of home occupations) herein, and which meet the following criteria (i-vii):

                  (i)   The operator must be resident in the principal building on the property:

                  (ii)   No more than one person, not a resident of the premises, may be employed regularly;

                  (iii)   The use will occupy no more than twenty-five percent (25%) of the total floor area of the dwelling;

                  (iv)   The use does not change the appearance of any structure from that of a residence;

                  (v)   The use does not adversely affect the immediate neighborhood by excessive traffic generation, noise, or similar nuisance;

                  (vi)   No outside signage shall be permitted except one professional, or announcement, sign not to exceed 2 square feet in area;

                  (vii)   Home occupations are to be limited to those listed below (A-M):

                     (A)   Beauty shop;

                     (B)   Custom dressmaking, millinery, tailoring, sewing of fabrics for custom apparel and custom home furnishings;

                     (C)   Business office in which goods, wares, or merchandise are not commercially created, stored or sold;

                     (D)   Tutoring, limited to not more than four (4) children simultaneously;

                     (E)   Fine arts studio in which are created only individual works of art;

                     (F)   Rooming and/or boarding of not more than four (4) persons;

                     (G)   Bakeries, which do not employ more than two (2) full time persons;

                     (H)   Antique shops;

                     (I)   Art galleries;

                     (J)   Photography studios;

                     (K)   Computer consulting and services;

                     (L)   Catering;

                     (M)   Dog grooming.

               iii.   Bed and breakfast establishments limited to five (5) separate accommodations.

               i.   Mobile homes are expressly prohibited.

               i.   There shall be only one single-family dwelling located on a single lot of not less than ten thousand (10,000) square feet. The minimum required lot width at the building setback line for single-family dwellings shall be eighty (80) feet.

               i.   The following uses are permitted as conditional uses and require written approval of the Board of Adjustment. Churches and other places of worship; parish houses; public libraries; schools; municipal, county, state or federal uses; pumping stations, utility offices, substations; utilities; funeral homes; cemeteries; nursing homes, hospitals for human care; philanthropic institutions and clubs, except a club the chief activity of which is conducted as a business; radio broadcasting and executive offices; offices of doctors, optometrists, realtors, or lawyers; state approved child care service where over five (5) children are present. The Board of Adjustment may deny approval or attach certain conditions to its approval which it feels are necessary requirements in order to preserve and protect the character of the district.

(Am. Ord. passed 3-2-76, Section 1)

               i.   Single-family dwellings which are not mobile homes.

               ii.   Home occupations as defined in Section 80.008 (definition of home occupations) herein, and which meet the following criteria (i-vii):

                  (i)   The operator must be resident in the principal building on the property:

                  (ii)   No more than one person, not a resident of the premises, may be employed regularly;

                  (iii)   The use will occupy no more than twenty-five percent (25%) of the total floor area of the dwelling;

                  (iv)   The use does not change the appearance of any structure from that of a residence;

                  (v)   The use does not adversely affect the immediate neighborhood by excessive traffic generation, noise, or similar nuisance;

                  (vi)   No outside signage shall be permitted except one professional, or announcement, sign not to exceed 2 square feet in area;

                  (vii)   Home occupations are to be limited to those listed below (A-M):

                     (A)   Beauty shop;

                     (B)   Custom dressmaking, millinery, tailoring, sewing of fabrics for custom apparel and custom home furnishings;

                     (C)   Business office in which goods, wares, or merchandise are not commercially created, stored or sold;

                     (D)   Tutoring, limited to not more than four (4) children simultaneously;

                     (E)   Fine arts studio in which are created only individual works of art;

                     (F)   Rooming and/or boarding of not more than four (4) persons;

                     (G)   Bakeries, which do not employ more than two (2) full time persons;

                     (H)   Antique shops;

                     (I)   Art galleries;

                     (J)   Photography studios;

                     (K)   Computer consulting and services;

                     (L)   Catering;

                     (M)   Dog grooming.

               iii.   Bed and breakfast establishments limited to five (5) separate accommodations.

               i.   Mobile homes are expressly prohibited.

               i.   There shall be only one single-family dwelling located on a single lot of not less than seven thousand, two hundred (7,200) square feet. The minimum required lot width at the building setback line for single-family dwellings shall be eighty (80) feet.

               ii.   Side. Ten (10) feet, measured from the side property line to the furthermost projection of the principal structure.

               i.   The following uses are permitted as conditional uses and require written approval of the Board of Adjustment. Churches and other places of worship; parish houses; public libraries; schools; municipal, county, state or federal uses; pumping stations, utility offices, substations; utilities; funeral homes; cemeteries; nursing homes, hospitals for human care; philanthropic institutions and clubs, except a club the chief activity of which is conducted as a business; radio broadcasting and executive offices; offices of doctors, optometrists, realtors, or lawyers; state approved child care service where over five (5) children are present. The Board of Adjustment may deny approval or attach certain conditions to its approval which it feels are necessary requirements in order to preserve and protect the character of the district.

(Am. Ord. passed 3-2-76, Section 1; Am. Ord. passed 10-26-76, Section 1)

               i.   Single-family dwellings that are not mobile homes.

               ii.   Home occupations as defined in Section 80.008 (definition of home occupations) herein, and which meet the following criteria (i-vii):

                  (i)   The operator must be resident in the principal building on the property:

                  (ii)   No more than one person, not a resident of the premises, may be employed regularly;

                  (iii)   The use will occupy no more than twenty-five percent (25%) of the total floor area of the dwelling;

                  (iv)   The use does not change the appearance of any structure from that of a residence;

                  (v)   The use does not adversely affect the immediate neighborhood by excessive traffic generation, noise, or similar nuisance;

                  (vi)   No outside signage shall be permitted except one professional, or announcement, sign not to exceed 2 square feet in area;

                  (vii)   Home occupations are to be limited to those listed below (A-M):

                     (A)   Beauty shop;

                     (B)   Custom dressmaking, millinery, tailoring, sewing of fabrics for custom apparel and custom home furnishings;

                     (C)   Business office in which goods, wares, or merchandise are not commercially created, stored or sold;

                     (D)   Tutoring, limited to not more than four (4) children simultaneously;

                     (E)   Fine arts studio in which are created only individual works of art;

                     (F)   Rooming and/or boarding of not more than four (4) persons;

                     (G)   Bakeries, which do not employ more than two (2) full time persons;

                     (H)   Antique shops;

                     (I)   Art galleries;

                     (J)   Photography studios;

                     (K)   Computer consulting and services;

                     (L)   Catering;

                     (M)   Dog grooming.

               iii.   Bed and breakfast establishments limited to five (5) separate accommodations.

               iv.   Two-family dwellings.

               v.   Townhouses, or rowhouses, with the following limitations:

                  (i)   Not more than six (6) single-family townhouse units may be attached in one single structure within a R-4 District.

                  (ii)   Single units must be at least 18 feet wide.

                  (iii)   Individual townhouse units shall have the following setback requirements:

                  (iv)   Minimum lot size: 1800 square feet.

                  (v)   Minimum lot frontage: 18 feet; measured at the building setback line.

                  (vi)   Minimum front yard setback: 15 feet, measured from the street right-of-way line to the furthermost projection of the principal structure.

                  (vii)   Minimum side yard setback: 10 feet, for exterior units on attached townhouses measured from the property line to the furthermost projection of the principal structure.

                  (viii)   Minimum rear yard setback: 25 feet, measured from the rear property line to the furthermost projection of the principal structure.

                  (ix)   There must be a break of 3 feet from the front yard setback at least every third unit within attached townhouses.

                  (x)   Maximum lot coverage of 50%.

                  (xi)   Maximum density of 10 dwelling units per gross acre with a R-4 District.

                  (xii)   Townhouses shall require subdivision approval.

                  (xiii)   The requirement for on-lot parking facility may be waived where collective parking facilities are proposed.

               vi.   Townhouse condominium developments in which each unit meets the requirements of Residential R-4, (1)v. (townhouses) except that:

                  (i)   The lot sized requirements of (1)v.(iv) shall be suspended.

                  (ii)   The frontage requirements of (1)v.(v) shall not apply. Instead, no unit shall be narrower than eighteen (18) feet.

                  (iii)   The setback requirements of (1)v.(vi), (vii), and (viii) shall not apply. Instead, no building shall be located any closer than thirty (30) feet from another detached building or the edge of a street’s pavement.

                  (iv)   The maximum lot coverage of (1)v.(vii) shall apply to the area of the entire development, exclusive of roads.

                  (v)   Subdivision approval shall be required prior to the recording of the master deed.

(Am. Ord. passed 04-21-97, Section 1; Am. Ord. passed 11-08-2005, Section 3)

               i.   Mobile homes are expressly prohibited.

               i.   There shall be only one single-family dwelling, or two-family dwelling, located on a single lot of not less than seven thousand, two hundred (7,200) square feet. The minimum required lot width at the building setback line for single-family and two-family dwellings shall be eighty (80) feet. Townhouse lot area and lot width are governed by Residential R-4, (1)v. and Residential R-4 (1)vi.

               vi.   Setbacks for townhouses are governed by Residential R-4, (1)v. and Residential R-4 (1)vi.

               i.   The following uses are permitted as conditional uses and require written approval of the Board of Adjustment. Churches and other places of worship; parish houses; public libraries; schools; municipal, county, state or federal uses; pumping stations, utility offices, substations; utilities; funeral homes; cemeteries; nursing homes, hospitals for human care; philanthropic institutions and clubs, except a club the chief activity of which is conducted as a business; radio broadcasting and executive offices; offices of doctors, optometrists, realtors, or lawyers; state approved child care service where over five (5) children are present. The Board of Adjustment may deny approval or attach certain conditions to its approval which it feels are necessary requirements in order to preserve and protect the character of the district.

(Am. Ord. passed 3-2-76, Section 1; Am. Ord. passed 7-6-76, Section 6; Am. Ord. passed 10-26-76, Section 1;)

               i.   Single-family dwellings that are not mobile homes.

               ii.   Home occupations as defined in Section 80.008 (definition of home occupations) herein, and which meet the following criteria (i-vii):

                  (i)   The operator must be resident in the principal building on the property:

                  (ii)   No more than one person, not a resident of the premises, may be employed regularly;

                  (iii)   The use will occupy no more than twenty-five percent (25%) of the total floor area of the dwelling;

                  (iv)   The use does not change the appearance of any structure from that of a residence;

                  (v)   The use does not adversely affect the immediate neighborhood by excessive traffic generation, noise, or similar nuisance;

                  (vi)   No outside signage shall be permitted except one professional, or announcement, sign not to exceed 2 square feet in area;

                  (vii)   Home occupations are to be limited to those listed below (A-M):

                     (A)   Beauty shop;

                     (B)   Custom dressmaking, millinery, tailoring, sewing of fabrics for custom apparel and custom home furnishings;

                     (C)   Business office in which goods, wares, or merchandise are not commercially created, stored or sold;

                     (D)   Tutoring, limited to not more than four (4) children simultaneously;

                     (E)   Fine arts studio in which are created only individual works of art;

                     (F)   Rooming and/or boarding of not more than four (4) persons;

                     (G)   Bakeries, which do not employ more than two (2) full time persons;

                     (H)   Antique shops;

                     (I)   Art galleries;

                     (J)   Photography studios;

                     (K)   Computer consulting and services;

                     (L)   Catering;

                     (M)   Dog grooming.

               iii.   Bed and breakfast establishments limited to five (5) separate accommodations.

               iv.   Two-family dwellings.

               v.   Multi-family dwellings.

               vi.   Townhouses, or rowhouses, with the following limitations:

                  (i)   Not more than ten (10) single-family townhouse units may be attached in one single structure within a R-5 District.

                  (ii)   Single units must be at least 18 feet wide.

                  (iii)   Individual townhouse units shall have the following setback requirements:

                     (A)   Minimum lot size: 1800 square feet.

                     (B)   Minimum lot frontage: 18 feet; measured at the building setback line.

                     (C)   Minimum front yard setback: 15 feet, measured from the street right-of-way line to the furthermost projection of the principal structure.

                     (D)   Minimum side yard setback: 10 feet for exterior units on attached townhouses. measured from the property line to the furthermost projection of the principal structure.

                     (E)   Minimum rear yard setback: 25 feet, measured from the rear property line to the furthermost projection of the principal structure.

                     (F)   There must be a break of 3 feet from the front yard setback at least every third unit within attached townhouses.

                     (G)   Maximum lot coverage of 50%.

                     (H)   Maximum density of 16 dwelling units per gross acre with a R-5 District.

                     (I)   Townhouses shall require subdivision approval.

                     (J)   The requirement for on-lot parking facility may be waived where collective parking facilities are proposed.

               vii.   Townhouse condominium developments in which each unit meets the requirements of Residential R-4, (1)v. (townhouses) except that:

                  (i)   The lot size requirements of (1)v.(iv) shall be suspended.

                  (ii)   The frontage requirements of (1)v.(v) shall not apply. Instead, no unit shall be narrower than eighteen (18) feet.

                  (iii)   The setback requirements of (1)v.(vi), (vii), and (viii) shall not apply. Instead, no building shall be located any closer than thirty (30) feet from another detached building or the edge of a street’s pavement.

                  (iv)   The maximum lot coverage of (1)v.(vii) shall apply to the area of the entire development, exclusive of roads.

                  (v)   Subdivision approval shall be required prior to the recording of the master deed.

               i.   There shall be only one single-family dwelling, or two-family dwelling, located on a single lot of not less than seven thousand, two hundred (7,200) square feet. The minimum required lot width at the building setback line for single-family and two-family dwellings shall be eighty (80) feet. There shall be only one multi-family structure on a single lot of not less than six thousand (6,000) square feet for the first dwelling unit, plus one thousand, five hundred (1,500) square feet for each additional unit up to a total of four (4), and one thousand (1,000) square feet for each unit above a total of four (4). Minimum lot width for a multi-family structure shall be one hundred (100) feet. Townhouse lot area and lot width are governed by Residential R-4, (1)v. and Residential R-4 (1)vi.

               vi.   Setbacks for townhouses are governed by Residential R-4, (1)v. and Residential R-4 (1)vi.

               vii.   Setbacks for multi-family dwellings shall be the same as for townhouses.

               i.   The following uses are permitted as conditional uses and require written approval of the Board of Adjustment. Churches and other places of worship; parish houses; public libraries; schools; municipal, county, state or federal uses; pumping stations, utility offices, substations; utilities; funeral homes; cemeteries; nursing homes, hospitals for human care; philanthropic institutions and clubs, except a club the chief activity of which is conducted as a business; radio broadcasting and executive offices; offices of doctors, optometrists, realtors, or lawyers; state approved child care service where over five (5) children are present. The Board of Adjustment may deny approval or attach certain conditions to its approval which it feels are necessary requirements in order to preserve and protect the character of the district.

               i.   Mobile homes and mobile home parks under the conditions specified in Section 80.204 (Manufactured Homes) hereof.

               ii.   Single-family dwellings.

               iii.   Home occupations as defined in Section 80.008 (definition of home occupations) herein, and which meet the following criteria (i-vii):

                  (i)   The operator must be resident in the principal building on the property:

                  (ii)   No more than one person, not a resident of the premises, may be employed regularly;

                  (iii)   The use will occupy no more than twenty-five percent (25%) of the total floor area of the dwelling;

                  (iv)   The use does not change the appearance of any structure from that of a residence;

                  (v)   The use does not adversely affect the immediate neighborhood by excessive traffic generation, noise, or similar nuisance;

                  (vi)   No outside signage shall be permitted except one professional, or announcement, sign not to exceed 2 square feet in area;

                  (vii)   Home occupations are to be limited to those listed below (A-M):

                     (A)   Beauty shop;

                     (B)   Custom dressmaking, millinery, tailoring, sewing of fabrics for custom apparel and custom home furnishings;

                     (C)   Business office in which goods, wares, or merchandise are not commercially created, stored or sold;

                     (D)   Tutoring, limited to not more than four (4) children simultaneously;

                     (E)   Fine arts studio in which are created only individual works of art;

                     (F)   Rooming and/or boarding of not more than four (4) persons;

                     (G)   Bakeries, which do not employ more than two (2) full time persons;

                     (H)   Antique shops;

                     (I)   Art galleries;

                     (J)   Photography studios;

                     (K)   Computer consulting and services;

                     (L)   Catering;

                     (M)   Dog grooming.

               iv.   Bed and breakfast establishments limited to five (5) separate accommodations.

               v.   Two-family dwellings.

               vi.   Multi-family dwellings.

               vii.   Townhouses, or rowhouses, with the following limitations:

                  (i)   Not more than ten (10) single-family townhouse units may be attached in one single structure within a R-6 District.

                  (ii)   Single units must be at least 18 feet wide.

                  (iii)   Individual townhouse units shall have the following setback requirements:

                     (A)   Minimum lot size: 1800 square feet.

                     (B)   Minimum lot frontage: 18 feet; measured at the building setback line.

                     (C)   Minimum front yard setback: 15 feet, measured from the street right-of-way line to the furthermost projection of the principal structure.

                     (D)   Minimum side yard setback: 10 feet for exterior units on attached townhouses, measured from the property line to the furthermost projection of the principal structure.

                     (E)   Minimum rear yard setback: 25 feet, measured from the rear property line to the furthermost projection of the principal structure.

                     (F)   There must be a break of 3 feet from the front yard setback at least every third unit within attached townhouses.

                     (G)   Maximum lot coverage of 50%.

                     (H)   Maximum density of 16 dwelling units per gross acre within a R-6 District.

                     (I)   Townhouses shall require subdivision approval.

                     (J)   The requirement for on-lot parking facility may be waived where collective parking facilities are proposed.

               viii.   Townhouse condominium developments in which each unit meets the requirements of Residential R-4, (1)v. (Townhouses) except that:

                  (i)   The lot sized requirements of Residential R-4, (1)v. (Townhouses) shall be suspended.

                  (ii)   The frontage requirements of (1)v.(v) shall not apply. Instead, no unit shall be narrower than eighteen (18) feet.

                  (iii)   The setback requirements of (1)v.(vi), (vii), and (viii) shall not apply. Instead, no building shall be located any closer than thirty (30) feet from another detached building or the edge of a street’s pavement.

                  (iv)   The maximum lot coverage of (1)v.(vii) shall apply to the area of the entire development, exclusive of roads.

                  (v)   Subdivision approval shall be required prior to the recording of the master deed.

               i.   There shall be only one single-family dwelling, or two-family dwelling, located on a single lot of not less than seven thousand, two hundred (7,200) square feet. The minimum required lot width at the building setback line for single-family and two-family dwellings shall be eighty (80) feet. There shall be only one multi-family structure on a single lot of not less than six thousand (6,000) square feet for the first dwelling unit, plus one thousand, five hundred (1,500) square feet for each additional unit up to a total of four (4), and one thousand (1,000) square feet for each unit above a total of four (4). Minimum lot width for a multi-family structure shall be one hundred (100) feet. Townhouse lot area and lot width are governed by Residential R-4, (1)v. and Residential R-4 (1)vi. Mobile homes are governed by the specific provisions of Section 80.204 (Manufactured Homes) hereof.

               vi.   Setbacks for townhouses are governed by Residential R-4, (1)v. and Residential R-4 (1)vi.

               vii.   Setbacks for multi-family dwellings shall be the same as for townhouses.

               viii.   Setbacks for mobile homes are governed by Section 80.204 (Manufactured Homes) hereof.

               i.   The following uses are permitted as conditional uses and require written approval of the Board of Adjustment. Churches and other places of worship; parish houses; public libraries; schools; municipal, county, state or federal uses; pumping stations, utility offices, substations; utilities; funeral homes; cemeteries; nursing homes, hospitals for human care; philanthropic institutions and clubs, except a club the chief activity of which is conducted as a business; radio broadcasting and executive offices; offices of doctors, optometrists, realtors, or lawyers; state approved child care service where over five (5) children are present. The Board of Adjustment may deny approval or attach certain conditions to its approval which it feels are necessary requirements in order to preserve and protect the character of the district.

               i.   Single-family dwellings which are not mobile homes.

               ii.   Home occupations as defined in Section 80.008 (definition of home occupations) herein, and which meet the following criteria (i-vii):

                  (i)   The operator must be resident in the principal building on the property:

                  (ii)   No more than one person, not a resident of the premises, may be employed regularly;

                  (iii)   The use will occupy no more than twenty-five percent (25%) of the total floor area of the dwelling;

                  (iv)   The use does not change the appearance of any structure from that of a residence;

                  (v)   The use does not adversely affect the immediate neighborhood by excessive traffic generation, noise, or similar nuisance;

                  (vi)   No outside signage shall be permitted except one professional, or announcement, sign not to exceed 2 square feet in area;

                  (vii)   Home occupations are to be limited to those listed below (A-M):

                     (A)   Beauty shop;

                     (B)   Custom dressmaking, millinery, tailoring, sewing of fabrics for custom apparel and custom home furnishings;

                     (C)   Business office in which goods, wares, or merchandise are not commercially created, stored or sold;

                     (D)   Tutoring, limited to not more than four (4) children simultaneously;

                     (E)   Fine arts studio in which are created only individual works of art;

                     (F)   Rooming and/or boarding of not more than four (4) persons;

                     (G)   Bakeries, which do not employ more than two (2) full time persons;

                     (H)   Antique shops;

                     (I)   Art galleries;

                     (J)   Photography studios;

                     (K)   Computer consulting and services;

                     (L)   Catering;

                     (M)   Dog grooming.

               iii.   Bed and breakfast establishments limited to five (5) separate accommodations.

               i.   There shall be only one single-family dwelling located on a single lot of not less than six thousand, three hundred (6,300) square feet. The minimum required lot width at the building setback line shall be seventy (70) feet.

               i.   The following uses are permitted as conditional uses and require written approval of the Board of Adjustment. Churches and other places of worship; parish houses; public libraries; schools; municipal, county, state or federal uses; pumping stations, utility offices, substations; utilities; funeral homes; cemeteries; nursing homes, hospitals for human care; philanthropic institutions and clubs, except a club the chief activity of which is conducted as a business; radio broadcasting and executive offices; offices of doctors, optometrists, realtors, or lawyers; state approved child care service where over five (5) children are present. The Board of Adjustment may deny approval or attach certain conditions to its approval which it feels are necessary requirements in order to preserve and protect the character of the district.

(Ord. 93-41, passed 9/28/93)

               i.   Single-family dwellings which are not mobile homes.

               ii.   Home occupations as defined in Section 80.008 (definition of home occupations) herein, and which meet the following criteria (i-vii):

                  (i)   The operator must be resident in the principal building on the property:

                  (ii)   No more than one person, not a resident of the premises, may be employed regularly;

                  (iii)   The use will occupy no more than twenty-five percent (25%) of the total floor area of the dwelling;

                  (iv)   The use does not change the appearance of any structure from that of a residence;

                  (v)   The use does not adversely affect the immediate neighborhood by excessive traffic generation, noise, or similar nuisance;

                  (vi)   No outside signage shall be permitted except one professional, or announcement, sign not to exceed 2 square feet in area;

                  (vii)   Home occupations are to be limited to those listed below (A-M):

                     (A)   Beauty shop;

                     (B)   Custom dressmaking, millinery, tailoring, sewing of fabrics for custom apparel and custom home furnishings;

                     (C)   Business office in which goods, wares, or merchandise are not commercially created, stored or sold;

                     (D)   Tutoring, limited to not more than four (4) children simultaneously;

                     (E)   Fine arts studio in which are created only individual works of art;

                     (F)   Rooming and/or boarding of not more than four (4) persons;

                     (G)   Bakeries, which do not employ more than two (2) full time persons;

                     (H)   Antique shops;

                     (I)   Art galleries;

                     (J)   Photography studios;

                     (K)   Computer consulting and services;

                     (L)   Catering;

                     (M)   Dog grooming.

               iii.   Bed and breakfast establishments limited to five (5) separate accommodations.

               i.   There shall be only one single-family dwelling located on a single lot of not less than six thousand three hundred (6,300) square feet. The minimum required lot width at the building setback line shall be sixty (60) feet.

               i.   The following uses are permitted as conditional uses and require written approval of the Board of Adjustment. Churches and other places of worship; parish houses; public libraries; schools; municipal, county, state or federal uses; pumping stations, utility offices, substations; utilities; funeral homes; cemeteries; nursing homes, hospitals for human care; philanthropic institutions and clubs, except a club the chief activity of which is conducted as a business; radio broadcasting and executive offices; offices of doctors, optometrists, realtors, or lawyers; state approved child care service where over five (5) children are present. The Board of Adjustment may deny approval or attach certain conditions to its approval which it feels are necessary requirements in order to preserve and protect the character of the district.

(Ord. 93-41, passed 9-28-93)

               i.   Any retail business, or service use excluding service stations.

               ii.   Public, semi-public uses, such as public libraries, schools, municipal, county, state or federal uses; pumping stations, substations, utilities and utilities offices; churches and other places of worship; parish houses; dry-cleaning establishments; souvenir or gift shops; sporting equipment sales; funeral homes; cemeteries; nursing homes; wineries; micro-breweries; hospitals for human care; philanthropic institutions and clubs; radio broadcasting; offices of doctors, optometrists, ophthalmologists, realtors, and lawyers; institutional, cultural and recreational facilities, hotels, motels, financial institutions; any other business office, professional and non professional; state-approved child care service.

               iii.   Any accessory use or building customarily incidental to the above uses.

               iv.   Apartment units above the first floor level.

               i.   Single-family dwellings in existing structures originally designed as single-family dwellings.

(Am. Ord. 89-32, passed 7-11-89)

               ii.   Accessory uses (such as welding, assembly, and the like) which would normally be considered as permitted uses in other zones, but shall occupy no more than 10% of the total floor level.

               iii.   One apartment unit on the first (ground) floor with the following parameters:

                  (A)   Square footage of the residential space shall not exceed 50% of the total first floor interior square footage;

                  (B)   Apartment unit shall be located in the rear of the building, allowing for retail/commercial space along the public right-of-way;

                  (C)   Entrance to the apartment unit shall be located in the rear of the building;

                  (D)   Off-street, privately-owned parking shall be designated for at least one (1) vehicle; and

                  (E)   No direct access to retail space from residential area.

(Am. Ord. 2019-6, passed 7-9-19)

               i.   Any retail business, or service use excluding service stations.

               ii.   Public, semi-public uses, such as public libraries, schools, municipal, county, state or federal uses; pumping stations, substations, utilities and utilities offices; churches and other places of worship; parish houses; dry cleaning establishments; souvenir or gift shops; sporting equipment sales; funeral homes; cemeteries; nursing homes; wineries; micro-breweries; micro-distilleries, hospitals for human care; philanthropic institutions and clubs; radio broadcasting; offices of doctors, optometrists, ophthalmologists, realtors, and lawyers; institutional, cultural and recreational facilities, hotels, motels, financial institutions; any other business office, professional and non professional; state-approved child care service.

               iii.   Any accessory use or building customarily incidental to the above uses.

               iv.   Apartment units above the first floor level.

               v.   Restaurants, drive-in restaurants, liquor stores, ice cream sales, and other food and drink service establishments.

               vi.   Service stations.

               vii.   Garages for repair of motor vehicles within closed buildings.

               viii.   Drive-in theaters.

               ix.   Automobile (new and used), truck, mobile home, and boat sales and service.

               x.   Recreational uses and places of amusement.

               xi.   Outdoor commercial advertising.

               xii.   Animal hospitals.

               xiii.   Mini-warehouses as defined in Section 80.008.

               i.   Apartment units on the first (ground) level floor in existing commercial structures where the first floor has been vacant for two (2) consecutive years limited to two (2) apartment units on the first floor.

               ii.   Single-family dwellings in existing structures originally designed as single-family dwellings.

(Am. Ord. passed 5-25-76, Section 1; Am. Ord. passed 10-26-76, Section 1; Am. Ord. 10-86, passed 3-25-86; Am. Ord. 89-32, passed 7-11-89)

               iii.   Accessory uses (such as welding, assembly, and the like) which would normally be considered as permitted uses in other zones, but shall occupy no more than 10% of the total floor level.

(Am. Ord. passed 5-25-76, Section 1; Am. Ord. passed 10-26-76)

               i.   The following uses are permitted as conditional uses and require written approval of the Board of Adjustment. Churches and other places of worship; parish houses; public libraries; schools; municipal, county, state or federal uses; pumping stations, utility offices, substations; utilities; funeral homes; cemeteries; nursing homes, hospitals for human care; philanthropic institutions and clubs, except a club the chief activity of which is conducted as a business; radio broadcasting and executive offices; offices of doctors, optometrists, realtors, or lawyers; state approved child care service where over five (5) children are present. The Board of Adjustment may deny approval or attach certain conditions to its approval which it feels are necessary requirements in order to preserve and protect the character of the district.

               ii.   Accessory uses (such as welding, assembly, and the like) which would normally be considered as permitted uses in other zones, but shall occupy no more than 10% of the total floor level.

               i.   Manufacturing, fabrication, and/or processing of any commodity, except as set out in Section (2) below, the uses being conditionally permitted there being expressly prohibited here.

               ii.   Retail sales of any commodity manufactured, fabricated or processed on the premises, or of any commodity designed especially for use in agriculture, mining, industry, business, transportation, or construction, including, but not limited to, the following uses:

                  (i)   Building material sales yard and lumberyard, including the sale of rock, sand, gravel, and the like as an incidental part of the main business.

                  (ii)   Contractor’s equipment storage yard or plant, or rental of equipment commonly used by contractors.

                  (iii)   Freighting or trucking yard or terminal.

               iii.   Wholesale sale, or storage, of any article.

            (3)   Any accessory use or building structure customarily incidental to the above permitted and conditionally permitted uses and the follow uses: restaurants.

               Height:      60 feet (maximum)

               Lot Area:      1 acre

               Lot Width:      125 feet

               Front Setback:      100 feet

               Side Setback:      50 feet

               Rear Setback:      75 feet

               Except that lots of record zoned industrial and occupied by several buildings erected for and used for industrial purposes by a single industry prior to the adoption of the Paris Zoning Ordinance may, with the approval of the Bourbon County Joint Planning Commission, be subdivided so as to permit separate ownership of one (1) or more of the buildings and the operation of two (2) or more different industries on the original lot of record even though the separate new lots do not meet the above listed specifications as to lot area, frontage, and yards. The height limit may be raised with the written approval of the Planning Commission.

(Am. Ord. Passed 10-5-76, Section 1)

               i.   Manufacturing, fabrication, and/or processing of any commodity, except as set out in Section (2) below, the uses being conditionally permitted there being expressly prohibited here.

               ii.   Retail sales of any commodity manufactured, fabricated or processed on the premises, or of any commodity designed especially for use in agriculture, mining, industry, business, transportation, or construction, including, but not limited to, the following uses:

                  (i)   Building material sales yard and lumberyard, including the sale of rock, sand, gravel, and the like as an incidental part of the main business.

                  (ii)   Contractor’s equipment storage yard or plant, or rental of equipment commonly used by contractors.

                  (iii)   Freighting or trucking yard or terminal.

               iii.   Wholesale sale, or storage, of any article.

               Height:      No Limit

               Lot area:      1 ½ acre

               Lot width:      150 feet

               Front Setback:      100 feet

               Side Setback:      50 feet

               Rear Setback:      75 feet

               Except that lots of record zoned industrial and occupied by several buildings erected for and used for industrial purposes by a single industry prior to the adoption of the Paris Zoning Ordinance may, with the approval of the Bourbon County Joint Planning Commission be subdivided so as to permit separate ownership of one (1) or more of the buildings and the operation of two (2) or more different industries on the original lot of record even though the separate new lots do not meet the above listed specifications as to lot area, frontage and yards. No setback will be required for that part of a lot which abuts a railroad siding.

(Am. Ord. passed 10-5-76, Section 1)

This district may also be composed of lands which have high water tables, improper drainage, are subject to periodic overflow and flood hazards, unstable soils, or are otherwise environmentally sensitive. This district is established to protect the public health, welfare and safety, and to reduce the financial burdens imposed on the community, its governmental units and individuals, which may result from the improper use of such lands.

            (1)   Public park or recreation or boat dock area owned and operated by a governmental agency.

            (2)   Governmental services.

            (1)   Tent and trailer camps for public use when authorized as a conditional use shall be subject to the following regulations:

               i.   Area dimensions for tent and trailer camp sites:

 

               ii.   General regulations:

                  (i)   Each tent campsite shall be a well drained and gently sloping area. Sites shall be located away from meadows or bogs and, where applicable, downstream from a potable water source. The minimum tent campsite shall include a level tent space at least twelve (12) feet by eighteen (18) feet (12' x 18') or sixteen (16) in size; an improved vehicle parking space; an area to be used for cooking, eating, wood storage and trash disposal. Where fire hazard may exist, one (1) grill fireplace and one (1) fire circle shall be required on each tent campsite. One (1) water hydrant and one (1) pit toilet for every eight (8), tent campsites shall be required.

                  (ii)   Each trailer camp site shall provide a prepared parking apron fifty (50) feet by twelve (12) feet (50' x 12'), piped cold water, and one hundred ten (110) volt electrical service, and a trapped sewer connection to a sewage collection system which discharges to a public sewer system or sanitary septic field. A central service building offering sanitary rest rooms, bathing, laundry, refuse, and trailer servicing facilities shall be provided for each fifty (50) sites, but a minimum of one (1) shall always be provided. Each parking site shall also provide one (1) grill fireplace and an anchored combination bench and table.

                  (iii)   Mobile homes for permanent or extended seasonal dwellings (greater than four (4) weeks) are prohibited on trailer camp sites.

            (1)   Public park or recreation area or boat dock operated by a private owner/business.

            (2)   Camping areas, travel trailer and vacation cabins and lodges and construction of water related recreation facilities.

            (1)   No excavation, fill, or any sort of construction activity shall be undertaken in SFHA areas without obtaining a development permit from the Floodplain Administrator (Paris Engineering Services Director). (See Flood Damage Prevention Ordinance, Chapter 74).

      7.   H-M - Hospital-Medical. The hospital-medical zone is intended to provide opportunities for the location, in close relationship to one another, of professional, technical, and commercial uses associated with the treatment of humans; to provide adequate space to meet the needs of such uses; and to promote the location of such uses in a manner that protection would be provided from noise, disturbances, or other influences which would adversely affect the conduct of such practices.

            (1)   Hospitals for treatment of humans.

            (2)   Nursing, convalescent, and rest homes.

            (3)   Medical, dental, and optometrists’ offices.

            (4)   Medical clinics and laboratories (not involving a manufacture or fabrication of products for sale).

            (5)   Establishments limited to the retail sale of medical, pharmaceutical, and dental supplies and the filling of prescriptions.

            (1)   Offices of veterinarians, animal hospitals.

            (2)   Schools.

(Am. Ord. 89-37, passed 9-12-89)

            (1)   Parking and loading areas.

            (2)   Retail sales or personal services, including facilities for serving food, only for employees, residents, or visitors to a principally permitted use and having no direct access to the exterior and having no display space or signs visible from the exterior of the building. (Ex. Gift shops, flower shops, snack bars, cafeteria.)

(Am. Ord. passed 5-6-80, Section 1)

         (b)   Location standards. An historic district is established within the City of Paris from the north side of Fourth Street to the south side of Second Street between the west side of Main Street and the east side of High Street, which conforms to the criteria set forth in Section 8. (Historic District) hereinabove and which is designated to meet the goals as provided in Section 8. (Historic District) hereinabove. Subsequent additional areas may be added upon the recommendation of the Board of Architectural Review and the Bourbon County Joint Planning Commission, accepted and approved by the Paris City Commission.

               In its review of material submitted, the Board of Architectural Review shall examine the architectural design and the exterior surface, treatment of the structures on the site in question, and their relationship to other structures within the area, and other pertinent factors affecting the appearance and efficient functioning of the historic district. The Board shall vote to approve or disapprove the application within thirty (30) days after notification by the Building Inspector of the filing of such application.

            (2)   Approval by Board of Architectural Review. If the Board of Architectural Review approves the application for a building permit or an occupancy permit in an Historic District, it shall promptly cause a Certificate of Appropriateness to be issued to the applicant stating the matters which have been approved, or, if applicable, that the building to be destroyed is structurally unsound and beyond economic repair or of insufficient historic significance. It shall at the same time transmit a copy of said certificate to the Building Inspector. Upon receipt of the Certificate of Appropriateness, the Building Inspector shall issue the building permit or Certificate of Occupancy if it meets all other requirements of law. The Building Inspector shall inspect the construction or alteration approved by such certificate from time to time and shall promptly report to the Board of Architectural review any work not in accordance with such certificate.

               In the event the Board of Architectural Review recommends disapproval of the application for a Building Permit or an Occupancy Permit in an Historic District, the applicant for said permit, within thirty (30) days from the date of the Board’s action, may appeal to the Planning and Zoning Commission, which shall hold a public hearing thereon and shall vote on said appeal within sixty (60) days after the notice of appeal is filed with the Planning and Zoning Commission. The Planning and Zoning Commission shall give notice of the time, place and reason for holding a public hearing in the same manner as for zoning map amendments. If the Planning and Zoning Commission votes to recommend that the application for a Building Permit or Certificate of Occupancy permit be approved, it shall issue a Certificate of Appropriateness to the applicant and transmit a copy to the Building Inspector. If the Commission votes to disapprove the application for a Building Permit or a Certificate of Occupancy, it shall transmit its decision in writing to the Building Inspector. In such cases, no Building Permit or Certificate of Occupancy shall be issued by the Building Inspector on said application.

(Am. Ord. passed 11-23-76, Section 1; Am. Ord. 89-33, passed 7-11-89)

         (d)   Protective maintenance. All buildings in the Historic District shall be preserved against decay and deterioration in order to maintain property values, prevent hazards to public safety and health, and rid neighborhoods of negative visual appearances and unsafe conditions. Exterior walls, roofs, foundations, doors and windows shall be maintained in a weather-tight condition to prevent structural decay. Lack of maintenance that leads to demolition by neglect shall be considered an exterior alteration requiring a Certificate of Appropriateness from the Board of Architectural Review. Demolition by neglect shall mean the process of allowing a building or structure to deteriorate to the point that demolition is necessary to protect public health and safety as defined by the National Trust for Historic Preservation. Temporary boarding of openings, not to exceed thirty (30) days, shall be permitted and does not require a Certificate of Appropriateness.

               i.   A dead-bolt lock or other locking device shall be installed on the front exterior door above the existing lockset;

               ii.   Leaking roofs and box gutters shall be repaired so that water cannot enter; and

               iii.   Exterior wall covering shall be such that weather cannot penetrate.

(Am. Ord. 2012-10, Section 1, adopted 8-14-2012)

            (1)   The owner of the property in question or an agent for the owner bearing a recorded, written power of attorney granting authority for this purpose may apply for a rezoning to the PUD District.

            (1)    Prior to the filing of the application for a map amendment to the PUD District, the applicant shall confer with the Planning Administrator to determine whether the applicant is proceeding under the proper section of this Ordinance; to review the proposed development plan; and to discuss any other matters as may aid in the disposition of the PUD review.

            (1)   The Planning Administrator and other staff shall investigate and ascertain that the plans for a PUD meet the following conditions:

               i.   The proposed PUD is located in an incorporated area;

               ii.   The tract of land for the entire project is at least 3 acres;

               iii.   The proposed project constitutes an environment of sustained desirability and stability and that it is in harmony with the character of the surrounding neighborhood;

               iv.   The property adjacent to the proposed development will not be adversely affected.

            (1)   Uses permitted in a PUD shall be as follows:

               i.   Single-family, two-family, and multi-family dwelling units (including townhouses);

               ii.   Public and semi-public parks and playgrounds, landscaped areas, and greenbelts maintained by a homeowner’s associations;

               iii.   Public and semi-public uses such as schools and churches;

               iv.   Clubs, lodges, and golf courses;

               v.   Public utility facilities and rights-of-way;

               vi.   Neighborhood commercial uses permitted in the B-3 district.

               vii.   Conditional uses in a PUD shall be parish houses; public libraries; funeral homes; cemeteries; nursing homes; hospitals for human care; radio broadcasting and executive offices; offices of doctors, optometrists, realtors, or lawyers; state approved child care service where over five (5) children are present.

            (1)   In order to allow the Planning Commission and the developer to reach an understanding on basic design requirements prior to detailed design, the developer shall submit a concept plan with the application for a map amendment. The concept plan Public Hearing shall be considered concurrently with the zoning map amendment Public Hearing.

               i.   A legal description of the metes and bounds of the parcel;

               ii.   An area plan showing adjacent property owners and existing uses within two hundred (200) feet of the parcel;

               iii.   A concept plan at a scale of 1 inch=100 feet or less. The concept plan need not be to the precision of a finished engineering drawing. However, the concept plan must be incorporated into the final general development plans. The concept plan shall clearly show the following:

                  (i)   The existing topographical features of the site;

                  (ii)   The location of the various uses, structures and their areas in acres;

                  (iii)   The general outlines of the interior roadway system and all existing rights-of-way and easements, whether public or private;

                  (iv)   Delineation of the various residential areas including for each such area its general extent, size and composition in terms of total number of dwelling units and approximate percentage allocation by dwelling unit type;

                  (v)   Proposed setbacks for all uses throughout the district;

                  (vi)   A calculation of the residential density in dwelling units per gross acre, exclusive of commercial areas and related activities;

                  (vii)   The recreation or open space system internal to the development;

                  (viii)   Where portions of the site are subject to flooding, the map shall indicate extent and frequency;

                  (ix)   A topographic survey or drainage plan;

                  (x)   Principal ties to the community at large with respect to transportation, water supply and sewage disposal;

                  (xi)   General description of the availability of other community facilities, such as schools, fire protection services and cultural facilities, if any, and how these facilities are affected by this proposal;

                  (xii)   Location, size, height and orientation of all proposed signs, using building elevation drawings where appropriate;

                  (xiii)   Evidence of how the developer’s proposed land uses meet existing and projected community requirements;

                  (xiv)   Evidence that the proposal is compatible with the goals of the Bourbon County Comprehensive Plan;

                  (xv)   General statement as to how open space (common or private) is to be owned, used, and maintained;

                  (xvi)   If the development is to be staged, a general indication of how the staging is to proceed. Whether or not the development is to be staged, the sketch plan shall show the intended total project;

                  (xvii)   Letter from all utility companies and municipal services that there is sufficient service capacity to meet the needs of the proposed development and that they will service the development;

                  (xviii)   Traffic impact study prepared and stamped by a professional engineer for any development with greater than fifty (50) residential units, greater than thirty thousand (30,000) square feet of non-residential building space, or any other proposed use generating greater than five hundred (500) average daily vehicle trips per day.

            (1)   The Planning Commission shall review the concept plan and its related documents; and shall recommend either approval or disapproval to the legislative body.

            (1)   The legislative body shall take final action upon a proposed zoning map amendment within ninety (90) days of the date of the Planning Commission’s recommendation. Failure of the legislative body to act within ninety (90) days shall deem the recommendation of the Planning Commission to have passed by operation of law.

            (1)   Following the approval of a PUD, the concept plans shall be recorded with a certificate of land use regulation in the Bourbon County Clerk’s Office pursuant to KRS 100.3681.

            (1)   Any application to amend the adopted concept plan, shall require the signature of one hundred (100) percent of the property owners within the area covered by the concept plan and shall be amended by the same process as the original zoning amendment.

            (1)   Within two (2) years of approval of the PUD map amendment by the appropriate legislative body, unless an extension is granted by the Planning Commission, the applicant shall submit a detailed development plan and record plat to the Planning Commission for review and approval; provided, however, if the plan is not submitted, then an application may be filed by the Planning Commission to revert the PUD District to its previous zoning designation. Said application for reverting the zoning designation shall be processed as any other zoning application.

            (2)   The detailed development plan shall conform to the approved concept plan and the development plan requirements as adopted by the Planning Commission and shall be in accordance with the subdivision regulations, except as modified by this ordinance. The Planning Commission shall act within sixty (60) days of its receipt of the detailed development plan.

            (3)   The detailed development plans shall contain at a minimum, the required elements as enumerated in Section 80.506.D (Final Plan Checklist).

            (4)   Before the Planning Commission shall grant final approval of the PUD detailed development plan, arrangements satisfactory to the Planning Commission shall be made for the improvement, perpetual operation and perpetual maintenance of all common property and facilities, including but not limited to private streets, drives, service and parking areas and recreational and open space areas. Satisfactory arrangements shall be deemed met when documentation in the form of a master deed or other legal documents are submitted containing the particulars set forth in KRS 381.835. Such documentation will be filed at the time of the recording of the record plat in the Bourbon County Clerk’s Office.

            (1)   No building permit shall be issued until a detailed development plan has been approved by the Planning Commission and notice by the Planning Administrator to the Building Inspector that such final approval has been made by the Planning Commission

            (2)   The approved detailed development plan shall limit and control the issuance of all building permits and shall restrict the construction, location and use of all land and structures to all conditions set forth in the development plan.

            (1)   If construction is not initiated within one year from the date of approval of the detailed development plan by the Planning Commission (unless an extension is granted by the Planning Commission) an application to revert the PUD District may be filed by the Planning Commission staff. Said application for reverting the zoning designation shall be processed as any other zoning application.

            (1)   The items and conditions of the detailed development plan of a PUD may be changed from time to time as follows:

               i.   The Planning Administrator may approve minor modification of the adopted detailed development plan for any PUD so long as the modification shall not violate any standard or regulation set forth in the approved concept development plan.

               ii.   The total of such modifications approved by the Planning Administrator shall never exceed five (5) percent of the gross leasable floor area (non-residential) or five (5) percent of total residential units as shown by the adopted detailed development plan. The Administrator shall not approve modifications of permitted uses.

            (1)   The applicant or owners of the PUD may apply to the Planning Commission for amendment to the detailed development plan. The application for an amendment must contain the signature of the property owners for at least fifty-one (51) percent of the property within the original detailed development plan. Any such amendment shall be considered no earlier than one year after final action on the development plan.

            (2)   The Planning Commission may initiate amendments to the detailed development plan under this at any time. Any such amendment initiated by the Planning Commission shall be based on a change of circumstances which were not known at the time of the original application. The Planning Commission shall act on the application for amendment to the final development in the same manner as originally approved.

            (1)   Subdivision preliminary review under the subdivision regulations shall be carried out simultaneously with the detailed development plan review of a PUD under this Section. Subdivision final review will be accomplished as set out in the subdivision regulations.

            (2)   The record plat may incorporate by reference the contents of the detailed development plan and may form the basis for granting subdivision approval.

            (3)   In order to assure completion of all major public and common property improvements, the Planning Commission shall require the developer to furnish and maintain an escrow account in an approved lending institution in an amount sufficient to insure completion of all major public and common property improvements. Such escrow account shall be maintained until approval of the city. Developers may provide an irrevocable letter of credit in lieu of an escrow account for PUD developments in the city, at the discretion of the City Government.

            (1)   Give such designations and to enact such regulations as are needed to protect against destruction, degradation, or encroachment upon neighborhoods, areas or places having a special, unique or distinctive character of aesthetic, architectural or cultural significance that serves as the identity of either a residential neighborhood or a non-residential area.

            (2)   Encourage the use of existing buildings through adaptive rehabilitation to enhance the diversity and interest of the city. Such encouragement shall not imply a particular zoning designation.

            (3)   Encourage construction that will lead to continuation, conservation and improvement in a manner appropriate to the scale and physical character of the original buildings. Ensure that new construction is in harmony with the scale and physical character of the original buildings of the neighborhood through the use of design standards.

            (4)   Prevent the creation of environmental influences adverse to such purposes.

            (5)   Foster civic pride in the value of accomplishments of the past.

            (6)   Promote the educational, cultural, economic, and general welfare of the people; or

            (7)   Create new character in an area that has been designated for redevelopment.

            (1)   It is an older area that, if placed under an NR classification, may result in sufficient improvement to qualify as an H Historic District in the future.

            (2)   It is a newer area that does not have historic significance. In such case, if residential, the overall character of the surrounding neighborhood(s) would be maintained, and if nonresidential, the overall character would be determined by an urban or other design study that creates a unified design;

            (3)   There is a need to protect the visual characteristics that give a neighborhood or area its distinct identity;

            (4)   The existing neighborhood or area is characterized by a variety of building types that establish a significant and distinguishable identity;

            (5)   It has distinguishing characteristics of an architectural style valuable for the study of a period, method of construction, or use of indigenous materials;

            (6)   It has character as a geographically definable area possessing a significant concentration of buildings or structures united by past events or by its plan or physical development; or

            (7)   It has character as an established definable residential neighborhood, agricultural area or business district, united by culture, architectural style or physical plan and development.

         Nothing in this subsection 10 shall be construed to designate an NR classification to regulate standards traditionally enforced through a deed restriction, a restrictive covenant, private contractual right or term, or regulations by any homeowner association, neighborhood association, or similar association or entity.

               1.   Establish a clear, decipherable set of neighborhood features to describe the character of individual building types. This set shall define the relationships among features and shall serve as a tool to identify common elements in a neighborhood.

               2.   Identify and project future character, based on potential change from present-day trends and regulations, relying on predominant existing characteristics within the neighborhood; on characteristics that are seen as desirable but not yet existing; or on a combination of the two (2).

               3.   Conduct architectural surveys to define present and/or early character of the neighborhood. The requesting party shall conduct a field survey containing, as a minimum, the following criteria: distinctive building features; represented building styles; typical building components; finishing materials; placement of building(s) on a site; landscape treatment; degree of visual continuity; degree of density; and degree of compatibility of new structures within historical context.

                  a.   Conduct architectural surveys to define early and present character of the area. The requesting party shall conduct a field survey containing, as a minimum, the following criteria: distinctive building features; represented building styles; typical building components; finishing materials; placement of building(s) on the site; landscape treatment; degree of visual continuity; degree of density; and degree of compatibility of new structures within historical context.

                  b.   Develop preservation goals for the area and identify important characteristics to be respected by comparing the degree of change between early and present-day character.

                  c.   Identify and project future character as it relates to potential change from present-day trends and regulations. Based on the present-day scenario, identify if the area will preserve its integrity and meet its design goals for the community.

         (1)   Exterior building material restrictions.

         (2)   Roof lines and shape requirements.

         (3)   Repeating elements.

         (4)   Landscaping requirements.

         (5)   Minimum window and door opening requirements.

         (6)   Front building features.

         (7)   Garage door restrictions.

         (8)   Lot widths.

         (9)   Building orientation.

         (10)   Building heights.

         (11)   Building setbacks.

         (12)   Rear yard building setback.

         (13)   Accessory structures.

         (14)   Bulk plane restrictions.

         (15)   Off-street parking design.

         (16)   Floor area ratios.

         (17)   Signs.

         (1)   Notice of the time, place and reason for the required public hearing shall be given by one publication in the newspaper of general circulation in the county, not earlier than twenty-one (21) days or later than seven (7) days before the public hearing in accordance with KRS 100.211.

         (2)   Any published notice shall include boundary or the proposed overlay district or a geographic description sufficient to locate and identify the property, and the names of two (2) streets on either side of the property which intersect the street on which the property is located; and when the property in question is located at the intersection of two (2) streets, the notice shall designate the intersection by name of both streets rather than name two (2) streets on either side of the property.

         (3)   Written notice of the public hearing shall be given at least thirty (30) days in advance of the hearing by first class mail to an owner of every parcel of property the classification of which is proposed to be changed. Records by the Property Valuation Administrator may be relied upon to determine the identity and address of said owners. The notice shall state that the subject property has been identified within the proposed overlay district; the time, place and date of the hearing before the Planning Commission; and the proposed specific design standards as determined desirable and recommended for each proposed district.

         (4)   The Planning Commission staff, or other officer, of the Planning Commission shall certify that the notice was mailed to an owner of every parcel of property withing the proposed overlay district. Records maintained by the Property Valuation Administrator may be relied upon conclusively to determine the identity and address of said owners. In the event such property is in condominium or cooperative forms of ownership, then the person notified by mail shall be the president, or chairman, of the owner group which administers property commonly owned by the condominium or cooperative owners. A joint notice may be mailed to two (2) or more co-owners of an adjoining property who are listed in the Property Valuation Administrator's records as having the same address.

(Am. Ord. passed 5-10-2005, Sections 1, 2 and 3; Am. Ord. 2014-12, passed 7-15-14; Am. Ord. 2024-9, passed 6-25-24; Am. Ord. 2024-36, passed 1-14-25)

   A.   Intent.

      1.   These regulations are for the purpose of controlling the indiscriminate installation of signs, billboards, and other outdoor advertising devices. Following are the objectives of this ordinance: To limit the number of signs for the purpose of reducing distractions and confusion along public roads; to maximize the effectiveness of permitted signs for the benefit of the advertiser and usefulness to the public; to limit the size of signs to avoid unfair competitive advantages and minimize the waste of natural resources, wood, and steel; to preserve the scenic features along the roads, streets and highways of the City of Paris and Bourbon County; and to protect residential property values and living environment by prohibiting certain signs within residential and agricultural areas.

   B.   Scope.

      1.   New signs. These ordinances apply to the display, construction, erection, alteration, use, location, and maintenance of all new signs in the City of Paris.

      2.   Existing signs. Any existing signs in violation of the provisions of these ordinances at the time of its adoption shall be considered as non-conforming uses or structures and subject to the restrictions of Section 80.206 (Non-conforming uses and structures). Legal, non-conforming signs may continue in existence, unless otherwise noted, and shall be properly maintained in good condition. These ordinances shall not prevent the strengthening, repair, or restoring to a safe condition of any sign.

   C.   Exempt signs in all districts unless otherwise noted.

      1.   Government signs that:

         (a)   Are temporary, or permanent signs, erected by city, county, state, or federal government or official agency thereof for traffic direction or for direction to or identification of a government facility or event.

         (b)   Are official signs pertaining to the general health, safety, or welfare of the public; to control traffic flow; or any other sign required by law, ordinance, or governmental regulations.

         (c)   Identify streets.

         (d)   Warn of danger.

      2.   Historical markers.

      3.   Political election signs; must be removed within 10 days after election.

      4.   Temporary decorations or displays, which are clearly incidental to and are customarily and commonly associated with any national, state, local or religious holiday/celebration/community event.

      5.   Temporary or permanent signs erected by public utility companies or construction companies to warn of danger or hazardous conditions, including signs indicating the presence of underground cables, gas lines, and similar devices.

      6.   Signs displayed on trucks, buses, moving vans, contractor's vehicles and equipment, rental trucks and trailers, or other vehicles operated in the normal course of business.

      7.   Flags, pennants, or insignias of any:

         (a)   Nation, organization of nations, state, county or city.

         (b)   Religion, civic or fraternal organization.

         (c)   Educational institution.

      8.   Window signs.

   D.   Prohibited signs in all districts.

      1.   Any sign which constitutes a traffic hazard or a detriment to public safety, or may be confused with a traffic control signal or device, or the light of an emergency or road equipment vehicle.

      2.   Flashing or intermittent illumination, except for permitted informational signs.

      3.   Any sign which obstructs the view of vehicular traffic.

      4.   Billboards.

      5.   Temporary signs attached to, or painted on, any utility pole, tree, stone, or any other similar object or structure.

      6.   Any sign located in a public right-of-way, except those signs listed in Section C(1-8) above.

   E.   General requirements.

      1.   All wiring, fittings, and materials used in the construction, connection and operation of electrically illuminated signs shall be in accordance with the provisions of the National Electric Code.

      2.   No illuminated sign shall be permitted within one hundred (100) feet of property in any residential district unless the illumination of such sign is so designed that it does not shine or reflect light onto such property.

      3.   No sign having flashing, intermittent, or animated illumination shall be permitted within three hundred (300) feet of property in any residential district unless the illumination of such sign is so designed that it does not shine or reflect light onto such property.

      4.   No part of any wall, or projecting sign that is attached to a building shall be erected to a height greater than the roof level of the wall to which the sign is attached.

      5.   No commercial or industrial sign shall be erected to exceed the building height permitted in the district in which it is located, or sixty (60) feet, whichever is less.

      6.   Temporary signs may be posted for a period not to exceed sixty (60) days. Any sign posted for a longer period must meet the requirements of permanent signs. Area requirements for temporary signs shall be the same as those for permanent signs in each district.

   F.   Signs permitted in all districts without a permit.

      1.   Only one (1) of each of the following signs, except directional signs, shall be permitted per establishment; none of the signs shall be illuminated:

         (a)   An identification sign, of two (2) square feet, denoting the name and/or address of the occupants of the premises.

         (b)   Professional or announcement signs, of two (2) square feet or less, for professions or businesses permitted as home occupations, accessory, or conditional uses.

         (c)   A temporary sign, of less than twelve (12) square feet, posting the property, or advertising the specific property on which is placed, for sale or rent, and placed no closer than ten (10) feet from the street right-of-way.

         (d)   Directional signs, of two (2) square feet or less, designating ingress and egress from a property.

   G.   Signs permitted in all districts with a permit.

      1.   All identification, professional, announcement, for sale or rent signs, and directional signs as described in Section F.1 above, when illuminated.

      2.   A sign advertising the property on which it is located for sale, rent, lease, or trade in accordance with the following area and distance requirements:

 

 

      3.   Signs or bulletin boards customarily incidental to places of worship, libraries, schools, museums, or societies, shall not exceed fifteen (15) feet in area and shall be located no closer than ten (10) feet from the street right-of-way.

      4.   Temporary signs except as described in Section 80.202 with additional provision that all such signs shall be removed by the permit applicant within ten (10) days after the completion of the project, event or election.

      5.   Identification signs for historical, religious, civic or fraternal associations of two (2) square feet or less which shall not be placed within a public right-of-way except with special permission of the authority controlling said right-of-way. More than one (1) such sign may be mounted on the same standard.

   H.   Projecting signs on Main Street with a permit.

      1.   No sign shall project perpendicularly from any building or any other structure so as to overhang the sidewalk or any public street or right-of-way, except one that does not extend further than three (3) feet from the building, being no more than five (5) feet in height, and a minimum of eight (8) feet above the ground.

      2.   No horizontal or flush sign shall overhang the right-of way or sidewalk more than one (1) foot.

      3.   Signs existing at the time of enactment of this ordinance shall be exempted from compliance until such time as the ownership and/or proprietorship of the property and/or business changes, or until such time as any repair or change to the existing sign is necessary or undertaken, and at that time full compliance with this ordinance is required.

   I.   On-Premises signs permitted in A-Agricultural and R-Residential districts with a building permit.

      1.   There shall be permitted not more than one (1) non-illuminated sign, not to exceed a total of fifteen (15) square feet in area, per farm for the purpose of identification or advertising the sale or production of farm products on the premises, and set no closer than ten (10) feet from the street right-of-way.

      2.   For multi-family dwellings, an identification sign not to exceed ten (10) square feet in area, shall be permitted no closer than ten (10) from the street right-of-way.

      3.   Only one (1) sign per street frontage shall be permitted.

   J.   On-premises signs permitted in B-1 Central Business, B-2 General Commercial, B-3 Neighborhood Commercial, I-1 Light Industrial and I-2 Heavy Industrial zoning districts with a building permit.

      1.   On-premises signs and devices as regulated herein for businesses, uses or activities conducted on the same premises with the sign, both illuminated and non-illuminated.

         (a)   The maximum area permitted for all free-standing signs on a single premises regardless of the number of establishments shall be calculated at the rate of four (4) square feet of area for each ten (10) feet of street frontage up to a maximum of one hundred (100) square feet in B-1, B-3, and I-1 zoning districts. In B-2 and I-2 zoning districts the maximum permitted area for all free-standing signs on a single premises, regardless of the number of establishments, shall be calculated at the rate of six (6) square feet of area for each ten (10) feet of street frontage up to a maximum of two hundred (200) square feet. The setback for these signs shall be ten (10) feet from the street right-of-way.

         (b)   In addition to free-standing signs, signs that are part of the principal structure may be installed, provided that they protrude no more than twelve (12) inches from the wall, cover no more than a maximum of twenty-five percent (25%) of the wall face on which they are located, and that any such sign shall be at least eight (8) feet off of the ground.

         (c)   Establishments within shopping centers shall allocate the calculated total sign area in proportion to the amount of the total floor area occupied. A shopping center containing five (5) or more establishments may have an additional on-premises identification sign containing no more than forty (40) square feet. Outdoor advertising structures proposed for shopping centers must be submitted with site plans for the development.

   K.   Off-premises signs permitted only in B-2 General Commercial, I-1 Light Industrial and I-2 Heavy Industrial zoning districts with a building permit.

      1.   Off-premises signs that direct the public to businesses, uses, products, or activities conducted elsewhere than on the premises of that sign, both illuminated and non-illuminated.

         (a)   The maximum area for an off-premises sign shall be sixty (60) square feet. No more than two (2) such signs may be placed on any single parcel of less road frontage than two thousand (2,000) square feet. No off-premises sign shall be permitted where an on-premise advertising sign already exists, except with the special approval of the Board of Adjustment granted on the basis of hardship. Off-premise signs larger than fifty (50) square feet must be placed not closer together than three hundred (300) feet. Off-premise signs of less than fifty (50) square feet must be placed not closer together than one hundred (100) feet. Off-premises signs advertising or directing the public to a business must be located within ten (10) miles of the business to which the sign is related. Setbacks for off-premises signs are the same as in Section J. above.

         (b)   No off-premises sign shall be located in any area designated as one of scenic beauty or historical interest.

(Am. Ord. passed 8-3-76, Section 2; Am. Ord. 3-86, passed 2-11-86; Am. Ord. 2014-12, passed 7-15-14)

   A.   Applicability. In all districts, off-street parking facilities for the storage or parking of motor vehicles for use of occupants, employees and patrons of the building hereafter erected, altered, or extended after the effective date of these regulations shall be provided and maintained as herein prescribed.

      1.   In determining the number of parking spaces required, if such space results in fractional parts thereof, the number of said spaces required shall be construed to be the nearest whole number.

      2.   Whenever a use is increased in floor area, such additional parking space shall be provided so that the parking space specified herein for the whole area shall be available.

      3.   For the purpose of these regulations, "floor area" in the case of offices, merchandising, or service types of uses shall mean the gross floor area of the structure.

      4.   Off-street parking facilities for one and two-family dwellings shall be located on the same lot or plat of ground as the buildings served. Off-street parking facilities for other than one and two-family dwellings shall be within three hundred (300) feet of the building intended to be served. An industry which employs five hundred (500) or more employees may supply off-street parking at a distance greater than three hundred (300) feet from such industry.

      5.   The off-street parking facilities for uses not specifically mentioned herein shall be the same as those required for uses of a similar nature.

      6.   Collective off-street parking facilities may be provided; however, such facilities shall be no less than the sum of such facilities as would otherwise be individually required.

   C.   Use and required off-street parking spaces:

      1.   The amount of off-street parking space required for uses, buildings, or additions thereto shall be determined according to the following requirements, and the space so required shall be stated in the application for a building permit and shall be reserved for such use:

      2.   One and two-family dwellings. Two (2) parking spaces for each family unit.

      3.   Multiple dwellings. Two (2) parking spaces per dwelling unit.

      4.   Tourist homes, cabins, or motels. One (1) parking space for each sleeping room or suite including that of the owner or manager of residence on the premises.

      5.   Hospitals, sanitariums, convalescent homes and homes for the aged or similar use. One (1) space for each three (3) patients, plus one (1) space for each two (2) employees and staff members.

      6.   Orphanages or similar uses. One (1) space for each ten (10) beds.

      7.   Hotels. One (1) space for each three (3) guest sleeping rooms.

      8.   Fraternities, boarding and lodging houses. One space for each two (2) guest sleeping rooms.

      9.   Community centers, libraries, museums, post offices, civic clubs, private clubs and the like. One (1) space for each one hundred (100) square feet of gross floor area.

      10.   Theaters churches, stadiums, sports arenas, and auditoriums (other than incidental to schools). One (1) space for each four (4) seats in the auditoriums/arenas.

      11.   Schools. One (1) space for each four (4) seats in a principal auditorium or one (1) space for each classroom plus sixteen (16) extra spaces, whichever is greater.

      12.   Dance halls, pool and billiard halls and exhibition halls without fixed seats. One (1) space for each one hundred (100) square feet of gross floor area used for dancing or assembly.

      13.   Bowling alleys. Five (5) parking spaces for each alley.

      14.   Mortuaries or funeral homes. One (1) space for each fifty (50) square feet of gross floor area in the slumber rooms, parlors, or individual funeral service rooms.

      15.   Establishment for sale and consumption on the premises of beverages, food, or other refreshments excluding drive-in restaurants. One (1) space for each one hundred (100) square feet of gross floor area plus one (1) space for each four (4) employees.

      16.   Medical or dental clinics, banks, business or professional offices. One (1) space for each two hundred (200) square feet of gross floor area.

      17.   Beauty parlors and barber shops. Two (2) spaces per barber and beauty shop operator.

      18.   All retail stores, including drive-in restaurants and other similar establishments. One (1) parking space for each three hundred (300) square feet of gross floor area.

      19.   Industrial establishments, including manufacturing, research and test. One (1) space for each two (2) employees on the maximum working shift.

      21.   New and used car/truck sales lots. One (1) designated and marked space for each employee per maximum working shift plus ten percent (10%) of the total sales lot designated and marked for customer parking.

   D.   Off-street parking and loading regulations for all districts as follows:

      1.   Any vehicle parking space in a commercial or industrial district shall be used for parking only. Any other use of such space, including repair work or servicing of any kind, other than in an emergency, or the requirement of any payment for the use of such space shall be deemed to constitute a separate commercial use in violation of the provisions of these regulations.

      2.   No building or structure of any kind shall be erected in any off-street parking space except a parking garage containing parking spaces equal to the requirements of these regulations.

      3.   No signs shall be displayed in any such vehicle standing space except signs to direct the orderly use of such space.

      4.   The vehicle parking space on any lot as set forth and designated in these regulations shall be deemed to be required open space on such lot, and shall not be reduced or encroached upon in any manner.

      5.   All parking spaces, drives, and aisles in commercial and industrial districts shall be surfaced with a bituminous or other dust-free surface.

   E.   Parking space dimensions and setbacks.

      1.   A parking space shall have minimum rectangular dimensions as follows:

 

 

      2.   All dimensions shall be exclusive of driveways, aisles, and other circulation areas.

      3.   No part of any parking area of more than ten (10) vehicles shall be closer than twenty (20) feet to any dwelling unit, school, hospital, or other institution for human care on an adjacent lot unless separated by an acceptable designed screen. No parking area may be located in the front yard area of any single family residence except upon an approved residential driveway. In no case shall any part of a parking area be closer than four (4) feet to any established street or alley right-of-way.

(Am. Ord. 90-11, passed 8-14-90)

   F.   Loading space requirements.

      1.   On the same premises with every building, structure or part thereof erected and occupied for manufacturing, storage, warehouse goods display, department stores, schools, wholesale storage, market, hotel, hospital, mortuary, laundry, dry cleaning, or other uses similarly involving the receipt or distribution of vehicles, materials, or merchandise, there shall be provided and maintained on the lot adequate space for standing, loading, and unloading service in order to avoid undue interference with public use of streets or alleys. Such space, unless otherwise adequately provided for, shall include a ten foot by twenty-five foot (10' x 25') loading space, with fourteen foot (14') height clearance, for every ten thousand (10,000) square feet or fraction thereof in excess of three thousand (3,000) square feet of building floor use or land for the above mentioned purposes.

   G.   Access and aisle requirements for parking and loading areas.

      1.   All parking areas shall be designed in such a manner that any vehicle entering or exiting from or onto a public or private street shall be traveling in a forward motion. Access driveways for parking areas or loading spaces shall be located in such a way that any vehicle entering or exiting such lot shall be clearly visible for a reasonable distance to any pedestrian or motorist approaching the access from a public or private street.

      2.   The exits and entrances to the parking area shall be clearly marked. The minimum width of aisles providing interior vehicular circulation to individual parking spaces shall be as specified below. Only one-way traffic shall be permitted in aisles serving single-row parking spaces at any angle other than ninety (90) degrees.

 

 

      3.   Parking areas having more than one (1) aisle or driveway shall have directional signs or markings in each aisle or driveway.

   H.   Drainage for parking, loading, unloading and vehicular access areas.

      1.   All parking and loading areas shall provide for proper drainage of surface water to prevent the drainage of such water onto adjacent properties or walkways.

   I.   Maintenance of parking, loading, unloading and vehicular access areas.

      1.   The owner of property used for parking and/or loading shall maintain such area in good condition without holes and free of all dust, trash and other debris.

   J.   Lighting of parking, loading, unloading and vehicular access areas.

      1.   Any parking area which is intended to be used during non-daylight hours shall be properly illuminated to avoid accidents. Any lighting devices used to illuminate a parking area shall be placed or directed so as to permit the beams or illumination to be directed or beamed away from a public street, highway, sidewalk, or adjacent premises so as to minimize glare or reflection that may constitute a traffic hazard or nuisance.

   K.   Wheel blocks.

      1.   Whenever a parking lot extends to the property line, wheel blocks or other suitable devices shall be installed to prevent any part of a parked vehicle from extending beyond the property line.

   L.   Local ordinances.

      1.   Nothing in this article shall be construed to be in conflict with any other city or county ordinances regarding the parking of vehicle on city streets or county roads or regarding abandoned vehicles and/or nuisance ordinance.

(Am. Ord. 19-82, Section I, passed 9-21-82: Am. Ord. 17-84, Section I, passed 6-12-84; Am. Ord. 2009-02, passed 2-10-09; Am. Ord. 2014-12, passed 7-15-14)

   A.   Definitions. See Section 80.008, Definitions, at the beginning of this ordinance for definitions of 1) Manufactured Home, 2) Mobile Home, and 3) Modular Home.

   B.   Temporary installation during construction. A manufactured home may also be installed and temporarily occupied by the owner of a lot upon which a permanent residence is under construction or under contract for construction, or upon which the permanent residence has been damaged by fire or other calamity so as to be temporarily uninhabitable, provided that:

      1.   Such manufactured home shall be installed either upon the same property as the permanent residence or upon some other lot in the same subdivision.

      2.   Such manufactured home shall be occupied for no longer than necessary for the construction or repair of the permanent residence, but in any case for no longer than is specified in the permit for such occupancy hereinafter required.

      3.   Such manufactured home shall be connected with the public sewer.

      4.   Such manufactured home shall be so parked as to observe the setback and yard requirements for an accessory building in the zoning district in which it is located.

      5.   Such manufactured home shall be installed only after a written permit is obtained from the city Building Inspector, and which shall specify the date of termination. Such permit shall originally be for a period of six (6) months or less. It may be extended one (1) time, for a period of not over two (2) months by the Building Inspector upon a showing that circumstances beyond the control of the occupant have delayed the construction or repair of the main residence.

   C.   Manufactured homes permitted. Individual manufactured homes are permitted in Residential District R-6 as single-family residences. Manufactured home parks shall be permitted only as conditional uses approved by the Board of Adjustment after referral and recommendations from the Planning Commission. Manufactured home parks shall be permitted only in the R-6 Residential District.

      1.   Area and density requirements. No manufactured home park shall be permitted on an area of less than three (3) acres in size, although the developer shall be permitted to develop the park in stages as long as he or she complies with an overall plan approved the Planning Commission for the entire tract. The number of manufactured homes permitted in the manufactured home park shall not exceed a density of twelve (12) manufactured homes per net acre in areas served by public sewer, or six (6) manufactured homes per acre in areas not served by public sewer. A net acre shall be deemed to be the land to be subdivided into lots after streets and other required improvements have been installed.

      2.   Lot requirements. Individual lots within a manufactured home park shall not be less than thirty-five hundred (3,500) square feet in area, and in no instance shall more than one (1) manufactured home be permitted on a single lot. The minimum lot width shall be fifty (50) feet.

      4.   Spacing. No manufactured home shall be located within thirty (30) feet from another manufactured home, except that a minimum end-to-end clearance of not less than twenty (20) feet shall be permitted.

      5.   Utilities. All lots within the manufactured home park shall be provided with sewer, water, and electrical facilities meeting the standards specified by local and state building and health regulations, and each manufactured home shall be properly connected with said utilities.

      6.   Accessory structures. No accessory building or structure, including patios, shall be located within five (5) feet from any individual lot line.

      7.   Procedure for establishing manufactured home park. In that manufactured home parks are permitted as conditional uses only, the prospective developer, before attempting to obtain a building permit or beginning any construction, shall prepare a plan showing the lot dimensions and bearings of the parcel he or she intends to develop, its location within the city, general layout or design he or she intends to follow and improvements he or she expects to make on the land. He or she shall then meet with the Planning Commission, the purpose being to inform the developer of any plans that would affect his or her development and to allow the Planning Commission to review the plan to insure that the developer's plan are not in conflict with any of the Commission's plans. This meeting would also form a common ground whereby the Planning Commission and the prospective developer could reach an understanding of the types of improvements necessary. In making recommendations on the development plan, the Planning Commission may recommend certain conditional requirements pertaining to such things as landscaping, screening, and road requirements. After recommendations from the Planning Commission, the prospective developer shall meet with the Board of Adjustment and request the necessary permission before a building permit can be issued. Any condition requirements established by the Board of Adjustment shall be considered as a part of the official zoning regulations and failure to comply therewith shall be subject to the penalties contained herein.

      8.   Pre-owned manufactured homes. Pre-owned manufactured homes, purchased outside Kentucky, must meet the requirements of KRS 227.600, and have the numbered Class B1 Seal affixed to the unit.

   D.   Existing manufactured homes outside an R-6 District. All existing manufactured homes located outside an R-6 (Manufactured Homes) District as of this date of this ordinance shall be allowed to remain in their present location as a legal non-conforming use. No additional manufactured home shall be permitted on a permanent basis within the city except those located within an approved manufactured home park. Existing manufactured homes that are non-conforming uses may be replaced by a new manufactured homes, equivalent in size.

   E.   Modular homes. Modular homes, which have been approved by the Kentucky Division of Codes Enforcement, may be installed in any residential zoning district in accordance with the applicable building codes and zoning criteria of subject district.

(Am. Ord. 2014-12, passed 7-15-14)

   A.   Junkyards are not designated as permitted uses in any district and are consequently non-conforming uses in all districts. They shall conform with Section 80.206 of this ordinance prescribing regulations for non-conforming uses. The enforcement officer shall ensure that all existing junkyards maintain valid permits to operate issued by the Kentucky Department of Highways, as required by KRS 177.905 thorough 177.990, and he or she shall ensure that all screening required by the Department of Highways is maintained as long as the junkyards remain in operation.

(Am. Ord. 2014-12, passed 7-15-14)

   A.   Non-conforming uses. A non-conforming use shall be permitted to continue as long as it remains otherwise lawful, and shall be regulated as follows:

      1.   A non-conforming use shall not be extended, or expanded, beyond the scope and area of it's operation at the time of the adoption of the regulation which makes such use non-conforming.

      2.   When a non-conforming use of any structure, or premises, has been discontinued for a period of one (1) year or more, showing a gross lack of diligence in use, except when government action or structural damage prevents such use, the non-conforming use shall not be re-established, and said structure and/or premises must thereafter be used in conformance with this ordinance.

      3.   A non-conforming use may not be changed to any other non-conforming use except that, with the written approval of the Board of Adjustment, a non-conforming use may be changed to another non-conforming use of the same, or a more restrictive, classification. If the BOA approves a change in use, no structural changes may be made to the exterior of the building.

   B.   Non-conforming structures. A non-conforming structure shall be permitted to continue as long as it remains otherwise lawful, and shall be regulated as follows:

      1.   A non-conforming structure shall not be enlarged, replaced or structurally altered in any way that increases its non-conformity, but a structure may be altered to decrease its non-conformity. However, it may be restored to a safe condition if declared unsafe by the enforcement officer or other public official with jurisdiction.

      2.   Should a non-conforming structure, or portion of a structure, be damaged, destroyed or demolished by any means, it may be reconstructed or repaired, and the non-conforming use resumed; but it may not exceed the number of square feet of floor area nor the number of cubic feet it contained prior to its damage, destruction or demolition.

   C.   Non-conforming lots. In any case where an official lot of record at the date of the adoption, or amendment, of this ordinance, does not conform to the width, depth or area requirements of this ordinance, it shall be considered a legal non-conforming lot and be permitted to continue, and shall be regulated as follows:

      1.   A non-conforming lot may not be further subdivided or consolidated with another parcel in a manner that increases its non-conformity, but may be altered so as to decrease its non-conformity. However, the Planning and Zoning Commission may approve the subdivision of a lot, which has two (2) or more legally constructed principal residences, into separate parcels for the purpose of the sale or transfer of the individual residences. This may be done only if the Commission finds that the properties have been used in a separate and distinct manner with separate utilities, and other facilities, so that the resulting subdivision will not constitute a material change in the use of the property.

      2.   A residential dwelling may be built upon a lot (including a lot of record) which was non-conforming at the time this ordinance was adopted. The Board of Adjustments shall permit variances, within reasonable conformity with existing structures in the area, and as described in Section 80.301.B.3 (Dimensional variance) of this ordinance.

(Ord. 2014-12, passed 7-15-14)

   A.   Purposes. The purposes of these regulations are, within the grant of authority by the General Assembly in KRS 100.985, et seq.:

      1.   To provide for the safest and most efficient integration of cellular antenna towers for cellular communications services or personal communications services within the community;

      2.   To provide for such facilities in coordination with the recommendations of the comprehensive plan;

      3.   To allow for such facilities with the intention of furthering the public health, safety, and general welfare;

      4.   To foster the promotion of co-location;

      5.   To provide aesthetic protection in residential districts, central business district, general business districts, neighborhood commercial districts, industrial districts. and scenic highways.

      6.   To provide aesthetic protection for properties, sites, structures, buildings and objects of historical significance, including those surveyed by the Kentucky Heritage Council and designated as on the National Register of Historic Places (Register), contributing to a Register listing, or eligible for the Register. Also includes State of Kentucky Landmarks (hereinafter referred to as "historic properties").

   B.   Prohibited actions of Planning Commission in regulating placement in cellular antenna towers.

      1.   The provisions of KRS 100.986, as amended from time to time, are incorporated herein by reference.

   C.   Definitions. For the purposes of these regulations, the definitions as found in KRS 100.985, as amended from time to time, are incorporated herein by reference, and shall apply, supplemented by the following:

      1.   Guyed towers. A type of wireless transmission tower that is supported by thin guy wires.

      2.   Monopole. A slender self-supporting tower on which wireless antennas can be placed.

      3.   Stealth technology. Cellular antenna tower is camouflaged, such as in a steeple or flag pole, to make it less visible.

   D.   Pre-application conference.

      1.   Applicants are encouraged to notify the Planning Commission to discuss proposals, allow for early coordination and to identify those items which are in conformance/nonconformance with the adopted Comprehensive Plan, Zoning Ordinance, and the provisions of these regulations.

   E.   Application fee.

      1.   An applicant for the construction of cellular antenna towers for cellular telecommunications services, or personal communications services, shall pay an application fee in the amount of $2,500 upon submission of a uniform application. This fee includes review by the Planning Commission based upon the required development plan, review of the Planning Commission for grading and construction plans as defined by the Subdivision and Development Regulations, and review and permitting by the Building Inspector. Applications for co-location of antenna(e) on an existing structure shall pay an application fee in the amount of $250. This fee includes review by the Planning Commission for grading and construction plans (if needed) as defined by the Subdivision and Development Regulations, and permitting by the Building Inspector.

   F.   Contents of uniform application.

      1.   The provisions of KRS 100.9865, as amended from time to time, are incorporated herein by reference.

   G.   Applicability.

      1.   Every utility, or a company, that is engaged in the business of providing the required infrastructure to a utility, that proposes to construct an antenna tower for cellular telecommunications services, or personal communications services, shall submit a completed uniform application to the Paris-Bourbon County Joint Planning Commission. The Planning Commission shall not regulate the placement of antennas or related equipment on an existing structure (co-location).

   H.   Confidentiality of application.

      1.   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 antenna 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 application and any updates of the application may be waived by the applicant in writing.

   I.   General.

      1.   A cellular antenna tower for cellular telecommunications services of personal communications services may be allowed:

         (a)   In any (A-1) Agricultural, (B) Business, or (I) Industrial District, except those with the districts containing the Central Business District, historic properties, or scenic highways;

         (b)   After a review by the Planning Commission, in accordance with the adopted goals and objectives of the Paris-Bourbon County Comprehensive Plan, the regulations contained within the City of Paris Zoning Ordinance, and these Cellular Antenna Tower Regulations;

      2.   Location of a cellular tower in an (R) Residential District, and historic property, the Central Business District, or near scenic highways is discouraged, and the placement of a cellular tower in any of these areas should be avoided.