(A)   The purpose of this district is to establish and preserve low density single-family residences on large lots.

   (B)   Principal permitted uses. Single-family dwellings, except that no more than one (1) such residential structure shall be permitted on any one (1) tract of land without approval of a development plan by the Planning Commission.

   (C)   Conditionally permitted uses. The following uses shall be permitted only if expressly authorized by the Board of Zoning Adjustment:

      (1)   Agricultural uses.

      (2)   Churches and other places of worship and Sunday school buildings located not less than twenty (20) feet from any other lot in any District and fronting on an arterial or collector street.

      (3)   Schools and colleges for academic instruction located not less than forty (40) feet from any other lot in any R District and fronting on an arterial or collector street.

      (4)   Public libraries, public museums, public art galleries, and similar public cultural uses, located not less than twenty (20) feet from any other lot in any R District and fronting on an arterial or collector street.

      (5)   Public parks, playgrounds, golf courses, country clubs, provided that any principal buildings used therefor shall be located not less than forty (40) feet from any other lot in any R District.

      (6)   Private, noncommercial recreation areas and facilities not listed above including tennis courts and club swimming pools, provided that no such swimming pool is nearer than one hundred (100) feet from any other lot in any R District.

      (7)   Any hospital for human care, sanitariums, medical centers, religious and charitable institutions, provided that any buildings which are used for the treatment of contagious disease, the care of drug addicts, or the mentally ill shall be at least one hundred (100) feet from any lot in any R District and are located on an arterial, collector, or marginal street.

      (8)   Cemeteries.

      (9)   Lodging houses.

      (10)   Day nurseries.

      (11)   An office or studio in the residence of a physician, dentist, artist, lawyer, engineer, teacher (with musical instruction limited to one pupil at a time), accountant, architect, realtor, insurance agent, but not including beauty parlors, barbershops, schools of any kind with organized classes; provided that:

         (a)   Not more than one-half (1/2) of the floor area of the dwelling is devoted to such uses;

         (b)   Not more than one (1) person not as resident of the premises is employed;

         (c)   No such use shall require structural alterations or involve construction not customary in dwellings.

   Such use shall result in no exterior evidence, except a permitted sign, that the residence is used for a nonresidential use; and such use shall not generate any atmosphere pollution, light flashes, glare, odors, noise, vibration, or truck or other heavy traffic.

      (12)   Two-family dwellings, except that no more than one (1) such residential structure shall be permitted on any lot of record.

      (13)   Planned Unit Developments - PDR-1.

      (14)   Buildings or other structures customarily incidental to any aforesaid permitted or conditionally permitted uses may be established, erected, or constructed; provided, that such accessory uses shall not involve the conduct of any business, trade, or industry.

      (15)   Any other uses that are deemed compatible with the above-mentioned uses and which are acted upon the Board of Zoning Adjustment.

   (D)   Parking. Parking spaces for all detached residential uses shall be located on the same lot as the use which they are intended to serve. A minimum of one (1) off-street parking space shall be provided for each dwelling unit.

   (E)   Lot area, yard and height regulations. The following table stipulates the minimum lot area, yard, and height requirements which shall be observed, except as otherwise provided in this zoning code.

 

   (F)   Accessory uses permitted are garages, swimming pools, storage sheds, carports, greenhouses, or the like.

(Ord. passed 1-27-87) Penalty, see § 156.999

   (A)   The purpose of this district is to allow single-family housing on small lots where the surrounding neighborhood consists of similar development.

   (B)   Principal permitted uses shall be the same as in R-1.

   (C)   Conditionally permitted uses shall be the same as in R-1.

   (D)   Planned Unit Development PDR-2;

   (E)   Accessory uses shall be the same as in R-1.

   (F)   Parking shall be the same as in R-1.

   (G)   Lot area, yard, and height regulations. The following table stipulates the minimum lot area, yard, and height requirements which shall be observed, except as otherwise provided in this zoning code.

 

(Ord. passed 1-27-87) Penalty, see § 156.999

   (A)   The purpose of this district is to provide for attached and detached single-family dwellings and supporting uses, at a higher density than would be possible in other single-family districts. Zero lot line houses and patio houses are permitted.

   (B)   Principal permitted uses are single-family attached or detached residences except that no more than twelve (12) shall be attached. No such development shall be permitted on any one (1) tract of land without approval of a development plan by the Planning Commission.

   (C)   Conditionally permitted uses shall be as follows:

      (1)   Same as in R-1 and R-1A.

      (2)   Temporary real estate offices.

      (3)   Other uses which are deemed compatible with the above-mentioned uses and which are acted upon by the Board of Zoning Adjustment.

   (D)   Accessory uses shall be the same as in R-1.

   (E)   Parking. A minimum of two (2) off-street parking spaces shall be provided for each dwelling unit.

   (F)   Lot area, yard, and height regulations. The following table stipulates the minimum lot area, yard, and height requirements which shall be observed, except as otherwise provided in this zoning code.

 

 

      (2)   Height: maximum of thirty-five (35) feet.

      (3)   Open space: not less than ten percent (10%) of the total lot area for any townhouse shall be devoted to private usable open space either on each lot or on land adjacent and accessible to each lot. Such open space shall be for the private use of the residents of the townhouse and shall be physically separated from other private open space by planting, fences, or walls. The least dimension for such open space shall be eight (8) feet.

   (G)   Special provisions.

      (1)   The final plat of record shall designate the lots are to have zero lot lines under this provision.

      (2)   No more than three (3) contiguous townhouse units may be established the same setback. A variation of at least three (3) feet shall be required where there is a break in setback. Buildings may penetrate up to eighteen (18) inches over the building line into the required front yard, but the average setback of the contiguous units shall be at least as great as the required front yard setback.

      (3)   Required side yard for unattached sides of townhouses shall be six (6) feet or more when no unit or only one (1) unit fronts on a side yard. Side yard of twenty (20) feet shall be required when more than one (1) unit fronts on that side yard.

      (4)   Side yard of twenty-five (25) feet shall be required where the R-1T zone abuts another zoning classification.

      (5)   Where one (1) wall of the structure is to be located on the side lot line, the yard on the opposite side shall be at least six (6) feet.

      (6)   All other structures shall have a minimum side yard of three (3) feet on each side.

(Ord. passed 1-27-87) Penalty, see § 156.999

   (A)   The purpose of this district is to establish and preserve high density residential areas.

   (B)   Principal permitted uses shall be as follows:

      (1)   Apartment buildings.

      (2)   Any principal use permitted and as regulated in the R-1 and R-2 Districts, and as hereinafter specified in this subchapter, except that no more than one (1) such use shall be permitted on any one (1) tract of land without approval of a development plan by the Planning Commission, and further exception that no more than one (1) apartment building shall be permitted on any one tract of land without approval of a development plan by the Planning Commission.

   (C)   Conditionally permitted uses shall be as follows:

      (1)   Same as in R-1 and R-2 Districts.

      (2)   Planned Unit Development PDR-3.

      (3)   Boarding houses, lodging houses, nursery schools, day nurseries, senior citizen facilities, private kindergartens, and mobile home parks.

      (4)   Any other uses which are deemed compatible with the above-mentioned uses and which are acted upon by the Board of Zoning Adjustment.

   (D)   Accessory uses shall be the same as in R-2.

   (E)   Parking shall be the same as in R-1 for one- and two-family dwellings; one and one-half (1-1/2) parking spaces per unit for multiple-family dwellings.

   (F)   Lot area, yard, and height regulations. The following table stipulates the minimum lot area, yard, and height requirements which shall be observed, except as otherwise provided in this zoning code:

 

   (G)   Additional yard requirements for certain multiple-family structures. In addition to other yard requirements, whenever the principal entrances to individual dwelling units in a multiple-family structure face side lot lines, side yard requirements shall be no less than front yard requirements.

(Ord. passed 1-27-87; Am. Ord. O-2019-23, passed 8-12-19) Penalty, see § 156.999

   (A)   The purpose of this district is to regulate the location of and to encourage, stabilize, and protect the development of well-planned mobile home parks.

   (C)   Mobile homes, as defined above and by state statute, and metal trailers shall not be located other than for purposes of sale of same at retail or wholesale at other than an approved and state licensed mobile home park within the city limits as provided for in this section.

   (D)   No building permit shall be issued for the location, relocation, or other placement of such mobile homes or trailers, and any such location without a building permit shall be a violation of this section.

   (E)   Nonconforming mobile homes. All mobile homes not in conforming mobile home parks but existing in the city before the passage of this chapter shall continue as nonconforming uses. They shall not be expanded, modified, or replaced. Nonconforming mobile homes shall be properly maintained including proper underpinning or skirting, no broken windows, must be structurally sound, properly painted and free of rust. Failure to do so will be treated as an environmental nuisance and subject to being ordered to be removed.

   (F)   Mobile home park requirements. Mobile home parks shall meet all requirements of state law, including KRS 219.310 through 219.410, and any regulations adopted thereunder.

   (G)   Application to construct, alter, or zone. Application to construct or alter any existing mobile home park shall be made in writing to the appropriate state agency or agencies and to the Planning Commission, and shall contain the following:

      (1)   Name and address of applicant.

      (2)   Name and location of mobile home park.

      (3)   Number and size of all mobile home lots.

      (4)   Number and size of lights.

      (5)   Source of water supply.

      (6)   Type of sewage and solid waste disposal.

      (7)   Source of electric service.

      (8)   Appropriate fees.

      (9)   Construction plan.

Application for a change of zoning to Mobile Home Park District shall be the same as that described in §§ 156.170 through 156.172. In addition, the applicant shall provide a construction plan as outlined below.

   (H)   Construction plan. Each application for a permit to construct or alter a mobile home park in existing Mobile Home Park Districts, or each application for a change of zoning to Mobile Home Park District shall be accompanied by a complete construction plan, drawn to scale, submitted in triplicate, of the proposed construction or alteration, showing the following:

      (1)   A vicinity map showing the location of the park.

      (2)   A site plan showing all the existing facilities and proposed facilities as follows:

         (a)   Area and dimension of the tract to be developed.

         (b)   Number, location and size of all mobile home lots.

         (c)   Area within lots planned for location of mobile homes including setback distances.

         (d)   Location and width of roadways, driveways, parking areas and walkways.

         (e)   Location of all utilities: public and private water, sewage, drainage, and electrical facilities and easements.

         (f)   Numbers of each lot.

         (g)   Location of planned landscaping and protective screening as required.

         (h)   Protective screening as required by the Planning Commission.

         (i)   Location and dimension of open spaces intended for recreational purposes of residents.

   (I)   Standards. All mobile home parks shall conform to the following standards for development:

      (1)   All mobile home parks shall include lots for at least ten (10) mobile homes.

      (2)   Each mobile home lot shall have four thousand (4,000) square feet with public sewer, or one (1) acre if not connected to a public sewer.

      (3)   All mobile home parks shall front on an arterial or collector street for at least one hundred (100) feet.

      (4)   No mobile home shall be located closer than twenty (20) feet from another mobile home.

      (5)   Front yard setback shall be at least twenty five (25) feet if fronting on a public right-of-way. Rear yard setback shall be at least fifteen (15) feet unless adjacent to any R zone in which case rear yard setback shall conform to nearest R District requirements. Minimum side yard requirements shall be ten (10) feet unless adjacent to any R zone in which case side yard requirements shall conform to nearest R District requirements.

      (6)   An accessory structure which has a floor area exceeding twenty-five (25) feet, with an opaque top or roof that is higher than the nearest window, shall if attached to the mobile home or located within ten (10) feet of its window, be considered a part of the mobile home.

      (7)   All mobile home parks shall be located in well-drained areas, not subject to recurring flooding. Lots shall be properly graded so as to prevent the accumulation of storm water.

      (8)   Two (2) paved automobile parking spaces shall be provided on every mobile home lot.

      (9)   Streets shall be twenty-seven (27) feet in width and shall be paved according to city specifications, excluding curbs and gutters. Streets shall be maintained in good condition.

      (10)   Adequate lighting shall be provided at park entrances, intersections, and at two hundred (200) foot intervals within the park.

      (11)   All construction plans shall be reviewed by the City Engineer who will report to the Planning Commission if plans are received no less than ten (10) days before public hearing on the matter.

      (12)   The Planning Commission may attach reasonable special conditions to its approval of a mobile home park.

   (J)   Procedure.

      (1)   Upon receipt of an application to construct or alter sections of existing mobile home park districts, the Planning Commission shall hold a public hearing, advertised according to KRS Chapter 424, with notification of adjacent property owners by certified mail no less than five (5) days before the hearing.

      (2)   Upon receipt of an application for amendment to the official zoning map, the Planning Commission shall follow the procedure outlined in §§ 156.170 through 156.172. The construction plan shall be considered as the DEVELOPMENT PLAN required for map amendments, pursuant to § 156.171.

   (K)   Issuance of mobile home park permit. The Administrative Official shall not issue a permit until all conditions in the construction plan have been met and the Planning Commission has approved the plan. The applicant shall not start construction until he has received this permit and valid construction permit from the appropriate state agency.

   (L)   Certificate of occupancy. The Administrative Official shall issue a certificate of occupancy only after he has determined that the mobile home park has been prepared according to all applicable regulations. The applicant must also obtain a valid permit to operate from the appropriate state agency. A certificate of occupancy shall be issued on each individual mobile home.

   (M)   Access limitations. No vehicular entrance to or exit from any tourist court, trailer park, recreational vehicle park, or mobile home park shall be within two hundred (200) feet along street frontage from any school, public playground, church, hospital, library, or institution for dependents or for children, except where such building or property is in another block, or fronts on a street on which facility has no entrance or exit.

(Ord. passed 1-27-87; Am. Ord. 0-90-033, passed 10-22-90; Am. Ord. O-2019-23, passed 8-12-19) Penalty, see § 156.999

   (A)   The purpose of this district is to encourage development for commercial purposes of small areas of land located in largely residential neighborhoods where such purposes are compatible with residential uses.

   (B)   Principal permitted uses in this district are any retail businesses or service establishments which supply services primarily for residents of the neighborhood, or which general small traffic volume which is not disruptive to the neighborhood. Such businesses or establishments must front on arterial, collector, or major streets. Uses include the following:

      (1)   Apparel and accessories (clothing, bridal, shoes).

      (2)   Banks.

      (3)   Bicycle shops.

      (4)   Bookstores or newsstands.

      (5)   Business offices.

      (6)   Churches.

      (7)   Credit agencies.

      (8)   Drug stores.

      (9)   Eating and drinking places without drive-in windows or drive-through service.

      (10)   Florist shops.

      (11)   Food stores (grocery, bakery) with less than four thousand five hundred (4,500) square feet of usable space.

      (12)   Gift shops, coin shops, and art supply stores.

      (13)   Jewelry stores.

      (14)   Laundry.

      (15)   Musical equipment and supply stores.

      (16)   Photo studios.

      (17)   Shoe repair shops.

      (18)   Travel services.

      (19)   Watch and clock repair facilities.

   (C)   Conditionally permitted uses shall be as follows:

      (1)   Agricultural uses.

      (2)   Automobile repair, minor.

      (3)   Filling stations.

      (4)   Other uses compatible with the character of surrounding residential districts as authorized by the Board of Zoning Adjustment including any use permitted in or C-2 Districts which would not overburden the street on which the use fronts.

   (D)   Prohibited uses shall include eating and drinking places with drive-in windows or drive-through service.

   (E)   Required conditions.

      (1)   All businesses, services, or processing shall be conducted wholly within a completely enclosed building except in filling stations (a conditional use). All products processed shall be sold primarily on the premises.

      (2)   Processes and equipment used shall be limited to those which are not objectionable by reason of odor, dust, smoke, gas fumes, noise vibration, refuse matter, or water-carried waste.

   (F)   Residential uses. All residences existing before the adoption of this chapter shall be permitted to continue as conforming structures. All future residential development within this district shall conform to R-3 requirements.

   (G)   Height and yard regulations.

      (1)   No principal structure shall exceed two and one-half (2-1/2) stories or thirty (30) feet in height.

      (2)   Lot frontage shall be no less than fifty (50) feet.

      (3)   Front yard depth shall be at least ten (10) feet.

      (4)   Rear yard depth shall not be less than twenty (20) feet.

      (5)   Side lot requirements in business establishments adjacent to any R District shall be the same as those of the adjacent R District; otherwise, no side lot requirement shall apply.

   (H)   Accessory uses. Any accessory use of buildings customarily incidental to the above-mentioned permitted uses shall be permitted.

   (I)   Parking and screening. See the performance standards in §§ 156.125 through 156.132.

(Ord. passed 1-27-87) Penalty, see § 156.999

   (A)   The purpose of this district is to encourage logical and timely development of land for commercial purposes which generate large amounts of traffic and which require separation from residential uses of major parking facilities.

   (B)   Principal permitted uses include any use permitted and as regulated in the C-1 District, and as hereinafter specified, except that all such uses must front on arterial, collector, or marginal access streets. Uses include the following:

      (1)   Advertising and public relations firms.

      (2)   Amusement, recreation facilities (including dancing, theater, bowling, billiards, skating, riding, or electronic games center).

      (3)   Auto parts, tires.

      (4)   Auto repair services, garages, service stations.

      (5)   Building materials, hardware, home improvements.

      (6)   Business, professional, or civic clubs.

      (7)   Computer, data processing.

      (8)   Credit bureaus.

      (9)   Eating and drinking places (including drive-ins).

      (10)   Farm supplies and equipment.

      (11)   Food sales with over four thousand five hundred (4,500) square feet of usable space.

      (12)   Funeral services.

      (13)   Furniture, furnishings, and appliances.

      (14)   General merchandise (department or variety stores).

      (15)   Glass dealers.

      (16)   Government services (city and county offices, fire and police offices or stations, community centers, auditoria, schools, libraries, courts, and the like).

      (17)   Health clubs, spas.

      (18)   Health services (including professional offices, hospitals, clinics, medical and dental labs, nursing, and personal care facilities).

      (19)   Heating, plumbing, and air-conditioning repair or sales.

      (20)   Hospitals.

      (21)   Hotels and motels.

      (22)   Janitorial and maintenance services.

      (23)   Mobile home sales and repairs.

      (24)   Monument sales.

      (25)   Office supplies and equipment.

      (26)   Printing and copying.

      (27)   Professional offices and office parks.

      (28)   Rentals.

      (29)   Research, testing.

      (30)   Reupholstery shops.

      (31)   Steno/typing, and answering services.

      (32)   Taverns.

      (33)   Used merchandise, antiques, pawn shops.

      (34)   Vehicle dealers (autos, boats, trucks, and motorcycles).

      (35)   Veterinary services.

      (36)   Wholesale trade (motor vehicles, furniture, hardware, paper, food, drugs).

   (C)   Conditionally permitted uses shall be as follows:

      (1)   Agricultural uses.

      (2)   Contract construction firms.

      (3)   Recreational vehicle parks.

      (4)   Planned unit development - commercial.

      (5)   Any other use decided upon by the Board of Zoning Adjustment which is substantially similar to either principal or conditional uses listed above.

   (D)   Required conditions shall be the same as for the C-1 District.

   (E)   Height and yard regulations shall be the same as for C-1, except that maximum height may be seven (7) stories or seventy-five (75) feet.

   (F)   Residential uses.

   (G)   Accessory uses. Accessory uses and structures are permitted and as regulated in the C-1 District and such other accessory uses and structures not otherwise prohibited, customarily accessory and incidental to any of the foregoing C-2 uses.

   (H)   Parking. See the performance standards in §§ 156.125 through 156.132.

   (I)   Screening. See the performance standards in §§ 156.125 through 156.132.

(Ord. passed 1-27-87) Penalty, see § 156.999

   (A)   Purpose. The Central Business District Zone (CBD) is intended to provide for the continuing development of this district as the commercial, service, and social center of the city; to maintain its existing character as a pedestrian-oriented concentration of business, administrative, financial, governmental, and other support functions serving the entire city and county and to encourage further residential development in this central area.

   (B)   Principal permitted uses shall be as follows:

      (1)   Permitted principal uses at street level. All uses permitted in C-1 and C-2 except those prohibited in division (D) (2) and those permitted with conditions as provided in division (D).

      (2)   Principal uses permitted at levels other than street level:

         (a)   All uses permitted in division (B) (1) above.

         (b)   Clubs and other professional, social, or civic organizations.

         (c)   Business, office type.

      (3)   Distilleries and breweries and other appurtenance uses necessary to the distilling and brewing of alcoholic beverages under license by the Kentucky Alcoholic Beverage Commission including sales thereof where permitted by state law not withstanding any other provision of this section.

   (C)   Accessory uses shall be as follows:

      (1)   At street level: business, office type, business, wholesale; business, service; places of assembly; publishing and printing; temporary building, construction related only.

      (2)   Parking and loading space and structures intended primarily for use by employees, customers, or visitors to the related primary structure and not as a separate commercial enterprise available to the public-at-large.

      (3)   Agricultural, non-livestock.

   (D)   Conditionally permitted uses. After public notice and hearing and appropriate conditions and safeguards, the Board of Zoning Adjustment may approve and permit as special exceptions:

      (1)   Business, office type, and clubs at street level when, and only when, none of the enumerated uses of division (B) (1) are to occupy space at levels above the office space.

      (2)   Multi-family dwellings above the first story of any structure having the first story devoted to uses enumerated in division (B) (1) and as a special use and none of the uses enumerated in these sections are to occupy space in levels above the dwelling units.

      (3)   Multi-family dwellings at ground level provided the entire structure is devoted exclusively to residential use.

      (4)   Parking lots and parking structures.

      (5)   Drive-in windows, banks only.

      (6)   Child care or group care facility.

      (7)   Churches when located along arterial or collector street.

      (8)   Funeral home.

      (9)   Planned unit development; PDR-3 or PDC.

   (E)   Prohibited uses shall be as follows:

      (1)   Agricultural, livestock.

      (2)   Automobile, trailer, or farm implement sales or rental.

      (3)   Automotive repair.

      (4)   Cemetery.

      (5)   Dwellings, single-family, or two-family detached, mobile home, or mobile home park.

      (6)   Gasoline and filling stations.

      (7)   Hospital.

      (8)   Maintenance or storage facility.

      (9)   Manufacturing.

      (10)   Veterinary hospital or clinic.

   (F)   Use limitations shall be as follows:

      (1)   Except for enumerated accessory uses all business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.

      (2)   No use shall produce noise of such volume or pitch as to cause any nuisance in any adjacent residential district at any time or within any residential dwelling unit in any district between the hours of 10:00 p.m. and 7:00 a.m.

      (3)   Exterior lighting fixtures shall be shaded so that no district light is cast upon any property located in a residential district.

      (4)   All business, service, and storage of goods other than off-street parking and loading shall be conducted within completely enclosed structures except for outdoor restaurant seating.

      (5)   No business except a private bank when permitted as a special exception, shall offer goods or services directly to customers waiting in parked motor vehicles, or sell beverages or food for consumption on the premises in parked motor vehicles.

   (G)   Minimum lot requirements shall be as follows:

      (1)   Minimum lot area: Two thousand (2,000) square feet.

      (2)   Minimum street frontage: Fifteen (15) feet.

      (3)   Minimum lot width: Fifteen (15) feet.

   (H)   Minimum yard requirements. No yard setback is required except where a use of one intensity use group is directly adjacent to a use of a different intensity use group. Where properties with different intensity use groups are adjacent, buffer yards must be constructed in accordance with the city Design Manual.

   (I)   Maximum lot coverage by all buildings shall be as follows:

      (1)   Interior lot: One hundred percent (100%).

      (2)   Corner lot: One hundred percent (100%).

   (J)   Maximum height of principal structures. The maximum height of principal structures will be twelve (12) stories.

   (K)   Floor area requirements.

      (1)   Minimum floor area requirements for conditionally permitted multi-family dwelling units. The following minimum livable floor area, as defined in this chapter shall apply:

         (a)   Bedroom or efficiency: Three hundred fifty (350) square feet.

         (b)   Two (2) Bedroom: Five hundred fifty (550) square feet.

         (c)   Three (3) Bedroom: One thousand one hundred (1,100) square feet.

      (2)   Floor area ratio. In the CBD Zoning District, buildings and their required service area shall be allowed to occupy the total site, if the building is no higher than four (4) stories or seven (7) stories if the building construction is part of an approved application for ad valorem tax modification approved under § 35.08. The ratio of gross floor area of the principle structures to the gross lot area shall be 4.0, subject to the following bonus adjustments:

         (a)   If a developed exterior public plaza or landscaped open space is provided, the building floor area ratio may be increased by 0.25.

         (b)   If first floor setbacks are provided, the building floor area ratio may be increased by 0.1.

         (c)   If an internal public pedestrian arcade is provided, the building floor area ratio may be increased by 0.25.

         (d)   If elevated pedestrian-ways are provided, the building floor area ratio may be increased by 0.5.

         (e)   If parking requirements are met by contributions to the city Parking Authority Fund, rather than by on-street parking, the building floor area may be increased by sixty-five percent (65%) of the required parking space area.

         (f)   If a request to waive and/or modify the floor area ratio requirements for properties in the CBD (C-3) is made as part of a tax moratorium application in § 35.08, the City Commission may review available data and make a determination as to whether to waive and/or modify the requirements for the specific building under consideration.

   (L)   Minimum parking and loading requirements. All off-street parking and loading facilities must be in compliance with the performance standards, in §§ 156.125 through 156.132.

(Ord. passed 1-27-87)

   (M)   Prefabricated metal-sided buildings prohibited.

      (1)   No person, entity, or corporation shall within the C-3 Central Business District of the city, construct or build a prefabricated metal-sided building or similar structure in which the outside walls of said building or structure consists of more than thirty percent (30%) of metal, steel, aluminum, or other metal or plastic in relation to the total outside wall space.

      (2)   There shall be an exemption for such building or structures temporarily constructed for a period of less than ninety (90) days.

      (3)   The Building Inspector shall not issue any permits of any type for the construction of any building or structure prohibited herein and shall be required to issue permits for the construction or building of any such temporary structures for a period not to exceed ninety (90) days.

(Ord. 0-88-004, passed 4-25-88; Am. Ord. 0-2014-013, passed 6-12-14; Am. Ord. O-2019-08, passed 3-11-19) Penalty, see § 156.999

   (A)   The purpose of the I District is to encourage the development of manufacturing and wholesale business establishments that are clean, quiet, and free of hazardous or objectionable elements such as odor, dust, smoke, or glare, and that are located along arterials or collector streets with adequate city services.

   (B)   Principal permitted uses shall be as follows:

      (1)   Manufacturing or storage of:

         (a)   Beverage bottling.

         (b)   Electronics.

         (c)   Fabricated metals.

         (d)   Food and related manufacturing or storage.

         (e)   Furniture and fixtures.

         (f)   Glass manufacturing.

         (g)   Instruments, optical goods, watches, jewelry, and the like.

         (h)   Light sheet metal products.

         (i)   Lumber and wood products.

         (j)   Metal working shops.

         (k)   Pharmaceuticals.

         (l)   Pottery.

         (m)   Printing and publishing.

         (n)   Signs, electrical.

         (o)   Textile products.

         (p)   Toys, novelties.

         (q)   Wearing apparel.

         (r)   Agricultural uses.

      (2)   Experimental firms or testing laboratories, provided no operation shall be conducted or equipment used which would create hazards and noxious or offensive conditions.

      (3)   Transportation equipment and other similar manufacturing processes as may be approved by the Planning Commission.

   (C)   Conditionally permitted uses shall be as follows:

      (1)   Agricultural uses; and

      (2)   Provided that the property improvements, and schedule of operation meets with the conditions set forth by the Planning Commission:

         (a)   Extractive uses.

         (b)   Mining, gas or oil wells.

         (c)   Quarrying.

         (d)   Logging.

   (D)   Accessory uses. Any use is permitted which is customarily accessory and incidental to any of the foregoing principal permitted uses.

   (E)   Prohibited uses. Dwellings and residences of any kind, including motels, schools, hospitals, clinics, or nursing homes, and other institutions for human care, except where incidental to the permitted principal use.

   (F)   Structural regulations.

      (1)   Minimum lot size: Ten thousand (10,000) square feet.

      (2)   Minimum lot width: Fifty (50) feet.

      (3)   Minimum front yard depth: Twenty-five (25) feet.

      (4)   Minimum rear yard depth: Thirty (30) feet, with five (5) additional feet for each additional story in excess of one (1) story.

      (5)   No industrial structure shall be erected less than one hundred (100) feet from any R District.

   (G)   Parking.

      (1)   Adequate off-street parking space must be provided for each separate building in this zoning classification. Parking areas and structures shall be located in the rear of the building whenever possible.

      (2)   Guidelines for parking area shall be one parking space for every employee working on the maximum working shift and one parking space for every vehicle operated by the facility.

      (3)   Notwithstanding any other requirement of this chapter there shall be provided one (1) off-street loading/unloading space with area and vertical clearance to accommodate tractor-trailer type trucks.

      (4)   Development plan. All development in the I District shall require the submission of a development plan to the Commission; such plan shall include all parking, and loading facilities as well as screening from residential uses, which shall be the responsibility of the industrial developer.

(Ord. passed 1-27-87; Am. Ord. 0-2017-006, passed 3-13-17) Penalty, see § 156.999

   (A)   The purpose of this district is to preserve and provide for development of institutional uses with the city.

   (B)   Permitted uses shall be as follows:

      (1)   Educational activities directly related to an institution offering full-time courses leading to an accredited degree.

      (2)   Propriety-type functions which are customarily performed by private businesses or entities for a profit, not directly related to the educational purposes of the institution, shall not be permitted in the INS District.

   (C)   Accessory uses. Activities incidental to the function of the institution which are managed and operated by the institution, but not including propriety-type functions.

   (D)   Development. All proposed development within the INS District which alters the traffic patterns on existing city streets shall be presented to the Planning Commission for review. No building permit shall be issued until such development is approved by the Planning Commission.

(Ord. passed 1-27-87) Penalty, see § 156.999

   The following regulations shall apply in all Planned Unit Development Districts:

   (A)   Conditional uses.

      (1)   Residential planned unit development: PDR-1, PDR-2, PDR-3.

      (2)   Commercial planned unit development, PDC.

      (3)   Industrial planned unit development, PDI.

      (4)   Mixed use planned unit development, PD-MU.

   (B)   Dimension and area regulations for structures and uses in planned unit development districts shall be provided for in the planned unit development project and conditional use regulations of this chapter.

(Ord. passed 1-27-87) Penalty, see § 156.999

   (A)   Intent. To provide for high density development of commercial and residential uses adjacent to the Central Business District.

   (B)   Permitted uses shall be as follows:

      (1)   High density residential planned unit development, PDR-3.

      (2)   Commercial planned unit development, PD-C.

      (3)   Mixed use planned development, PD-MU.

(Ord. passed 1-27-87) Penalty, see § 156.999

   (A)   It is the intent of this section to provide for Flood Hazard Districts, Historic Districts, Airport Hazard Districts, and Special Appearance Districts which shall overlay zoning districts enumerated in § 156.090 and which shall provide for special review of development within such Overlay Districts in accord with the intents, procedures, and standards established for the underlying districts.

   (B)   Flood Hazard District. For the purposes of this chapter, land subject to flood shall be considered land below the one hundred (100) year flood boundary elevations as is shown on Floodway: Flood Boundary and Floodway Map, City of Pike, Kentucky, Pike County; Community Panels: 210193 0001, 210193 0002, 210193 0003, published by the Federal Emergency Management Agency and dated September 5, 1984, and which is made part of this chapter.

   (C)   Floodway. The floodway as shown on the Community Panels is established to meet the needs of the Levisa Fork of the Big Sandy River to carry abnormal flows of water in time of flood. To prevent encroachments into the floodway which will unduly increase flood heights and damage and to prevent the loss of life and excessive damage to property in the area of the greatest flood hazard the following regulations shall apply. The following uses are permitted within the floodway subject to the approval of the Planning Commission and to such conditions as the Planning Commission may specify to protect the public interest, and which do not conflict with uses permitted in the underlying zoning districts.

      (1)   Open type uses, such as loading and unloading areas, parking lots, used car lots, mobile home sales lots, signs and gardens auxiliary to uses permitted in underlying districts,

      (2)   Storage yards for equipment and material not subject to major damage by floods, provided such use is auxiliary to uses permitted in the underlying districts and the materials do not include flammables such as gasoline.

      (3)   Open type public and private recreation facilities such as public parks, golf courses, driving ranges, drive-in theatres, and amphitheaters.

      (4)   Circus, carnival, and similar transient amusement enterprises.

      (5)   Agricultural uses.

      (6)   Utilities, road and railroad bridges, electric and other transmission lines.

      (7)   Any other use customarily accessory or incidental to the above uses.

   (D)   Floodway Fringe. Areas lying outside the floodway but within the area below the one hundred (100) year flood elevation, shall be subject to the following regulations:

      (1)   No building or structure shall be erected, and no existing building or structure shall be extended or moved unless the main floor of solid structure is placed above the

elevation of the one hundred (100) year flood boundary. No living space shall be below the one hundred (100) year flood elevation.

      (2)   Foundations of all structures shall be designed to withstand flood conditions at the site.

      (3)   Land may be filled within the floodway fringe provided such fill areas extend twenty-five (25) feet beyond the limits of any structure erected thereon.

      (4)   Any structure proposed to be located outside the Flood Hazard District but within one hundred (100) feet of any main drainage channel or stream within the city’s jurisdiction must be approved by the City Engineer. The City Engineer shall determine, on the basis of the area of the water shed and the probable sum of the openings needed for the stream, the size of needed retention reservoirs or how close a structure may be built to the stream in order to assure adequate space for the flow of flood water.

   (E)   Approval of the Planning Commission. No permit shall be issued for the construction of any building for any use within the floodway until the plans for such construction or use have been submitted to the Planning Commission and approval is given in writing for such construction or use. The Planning Commission may make its approval subject to such conditions necessary to carry out the purpose of the Flood Hazard District. In its review of plans submitted, the Planning Commission shall be guided by the following standards, keeping in mind that the purpose of the floodplain is to prevent encroachment into the floodway which will unduly increase flood heights and endanger life and property.

      (1)   Any use permitted shall be a type not appreciably damaged by floodwaters, provided no structures for human habitation shall be permitted.

      (2)   No filling of land shall be permitted, except where express permission is granted by the Planning Commission.

      (3)   Any structure permitted shall be designed, constructed, and placed on the lot so as to offer the minimum obstruction to the flow of water.

      (4)   Any structure permitted shall be firmly anchored to prevent the structure from floating away and thus threatening to further restrict bridge openings and other restricted sections of the stream.

      (5)   Where, in the opinion of the Planning Commission, topographic data, engineering, and other studies are needed to determine the effects of flooding on a proposed structure or the effects of the structure on the flow of water, the Planning Commission may require the applicant to submit such data or other studies prepared by competent technical specialists.

      (6)   The granting of approval of any structure or use shall not constitute a representation, guarantee, or warranty of any kind or nature by the city, the Planning Commission, or any city official or staff member of either the practicality or safety of any structure or use proposed and shall create no liability upon or cause action against such public body, officer, or employee for any damage that may result pursuant to the granting of approval.

      (7)   All construction in the identified flood hazard area shall in all aspects be in compliance with the city floodplain regulations as contained in Chapter 152.

(Ord. passed 1-27-87) Penalty, see § 156.999

(Ord. passed 1-27-87; Am. Ord. O-2019-23, passed 8-12-19; Am. Ord. O-2021-02, passed 3-8- 21) Penalty, see § 156.999