It is the intent of this subchapter to provide general performance standards to ensure that all redevelopment and new development taking place in the city will be designed, arranged, constructed, altered, or renovated in a safe, decent, and visually harmonious manner, that reflects the basic character of the area as well as the nature of the proposed use of the site.

(Ord. passed 1-27-87)

   Except as otherwise specifically provided in this subchapter, no land or structure shall be used or occupied, and no excavation, removal of soil, clearing of a site, or placing of fill shall take place on land contemplated for development, and no structure, or part thereof, shall be constructed, erected, altered, renovated, or moved except in compliance with the general performance standards listed in this chapter and the specific standards contained in the adopted codes of the city which make up the city’s design manual.

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

   The design manual shall consist of two parts. Part one shall be the general performance standards set forth in the following sections, and part two shall be the selection of specific development regulations referenced here and listed as follows: Kentucky Building Code.

(Ord. passed 1-27-87)

   (A)   Structures shall be placed and arranged so as not to adversely affect adjacent property. Adverse effects shall include, but are not limited to, the removal of lateral support, the creation of hazards, nuisances, danger or inconveniences, or unreasonable loss of light, air, or privacy.

   (B)   Developments shall be arranged so as to be visually harmonious both with the site and with adjacent developments.

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

   (A)   External circulation. The type and arrangement of streets and driveways within the development area shall be coordinated with the redevelopment area’s street classification system.

      (1)   Principal vehicular access to any parcel shall be designed to encourage smooth traffic flow with a minimum of hazards to pedestrians, bicycles, and other vehicular traffic.

      (2)   Vehicular access will not be permitted within one hundred fifty (150) feet of an intersection where both streets are classified as an arterial or a collector street or where one is an arterial and the other a collector street.

      (3)   A five (5) foot sidewalk shall be constructed along all collected or arterial streets. A five (5) foot earthen border shall be constructed between the sidewalk and the curb where arterial streets front residential uses.

      (4)   On-street parking will not be permitted along streets classified as arterial.

      (5)   Where street width is adequate on-street parking shall be permitted on collector and local streets.

      (6)   One point of access shall be permitted to every zoning lot from all streets fronting the property for the first fifty (50) feet of frontage. An additional access will be allowed for the next one hundred (100) feet of a zoning lot fronting a collector or arterial street. Access points to the same street from the same parcel shall be one hundred (100) feet apart from the centerline of each driveway. Driveways may not exceed twenty-six (26) feet in width at the right-of-way line.

      (7)   Pedestrian sidewalks crossing vehicular driveways shall be clearly indicated and at the same grade as the remainder of the sidewalk.

   (B)   Internal circulation.

      (1)   Internal circulation shall provide the types, amounts, and locations of accessibility appropriate to the type and size of the development, and shall be designed so as to facilitate the movement of persons, goods, services, and waste products in a safe and efficient manner.

      (2)   Safe and convenient vehicular access shall be provided for emergency and service vehicles.

      (3)   The separation and integration of circulation systems and patterns (such as vehicular circulation, pedestrian circulation, and loading and unloading systems) shall be provided as is appropriate for the type and size of the development.

   (C)   Clear-vision areas. To assure safe sight distances at street and driveway intersections and pedestrian crossings, a minimum clear vision area shall be provided at each corner of such intersections and crossings. No structure or planting that would impair visibility between the heights of three (3) feet and ten (10) feet above the street, driveway, or sidewalk center line grade shall be erected or established in the clear-vision area, provided that the above requirement shall not apply to:

      (1)   An official traffic control sign or signal.

      (2)   Any structure or planting having a maximum horizontal cross-sectional diameter of eighteen (18) between the heights of three (3) and ten (10) feet above the street, driveway, or sidewalk grade, providing that the structure or planting is isolated and solitary and that any combination of such which impairs the required cross-corner vision shall be prohibited.

      (3)   Grading of land within the clear-vision area may be required where such topography impairs the required cross-corner visibility.

      (4)   The minimum clear-vision area shall consist of a triangular prism of unobstructed space between the heights of three (3) feet and ten (10) feet of the street grade and bounded by the edges of the intersecting streets and driveways, and by a straight line connecting points located on these edges a distance of ten (10) feet from the intersection. For intersections with arterial streets these points shall be located on the edges of the arterial streets at a distance of twenty-five (25) feet from the intersections.

(Ord. passed 1-27-87)

   (A)   (1)   Except for approved on-street loading spaces designated by the city on existing streets and public alleyways, off-street loading space shall be provided for all retail uses as well as for any expansion of such uses or for changes in use requiring regular delivery or shipping of goods, merchandise, or equipment by semi-trailer trucks, in accordance with the requirements of this section.

      (2)   If a request to waive and/or modify the off-street loading space requirements for properties in the CBD (C-3) is made as part of a tax moratorium application in § 35.08 or an application for a grant or incentive in § 124.05, 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.

   (B)   (1)   Off-street parking shall be provided for all uses of land, structures and buildings as well as for any expansion of such uses or changes in use in accordance with the requirements of this section. No parking spaces required for any use located in any other zoning district shall be located in any other zoning district. In the case of mixed uses, the total requirements for off-street parking or loading space shall be the sum of the requirements for the various uses computed separately.

      (2)   The Board of Zoning Adjustments shall have the power to hear and decide on applications for off-street parking and loading requirement variances whereby reason of the size or location of the lot or the unavailability of alternative off-site parking, or such other exceptional or extraordinary situation or condition of that site, the literal enforcement of the off-street parking and loading requirements of the zoning regulations would deprive the applicant of the reasonable capacity to make use of the land. In considering such variances, the Board must consider any pre-existing parking needs or requirements for the site if there was a pre-existing use, the effect of any additional parking requirements for the proposed use on the surrounding properties. The Board shall strive to prevent an additional burden upon existing on-street public parking if reasonable alternatives are available to the applicant to satisfy all or part of the off-street parking and loading requirements set forth herein. The Board may impose any reasonable conditions or restrictions on any off-street parking and loading variance it decides to grant.

   (C)   All required parking or loading space shall be located on the same zoning lot as the principal use or uses it serves, except as is provided for in accordance with the following provisions.

   (D)    In lieu of actual construction of required on-site parking spaces, all or any portion of the off-street parking required in this section may be provided by the following means:

      (1)   Required parking for a use on a zoning lot may be located on another zoning lot, either by itself or combined with parking for other uses, subject to the approval and certification by the Board of Zoning Adjustment that the following requirements have been met:

         (a)   The land use being served by the off-site parking shall be a permitted principal or special use in the zoning district within which the zoning lot containing such parking is located.

         (b)   For all zones except C-3, the off-site parking spaces are located within seven hundred (700) feet walking distance of a public entrance to the structure or land area containing the use for which such spaces are required. A safe, direct, attractive, lighted, and convenient pedestrian route exists or shall be provided between the off-site parking and the use being served.

         (c)   The continued availability of off-site parking spaces necessary to meet the parking requirements of this section shall be assured by an appropriate restriction on the title to the land providing the off-site parking spaces, in the form of a declaration, covenant, or contract.

         (d)   If a request to waive and/or modify off-street parking requirements for properties in the CBD (C-3) is made as part of a tax moratorium application in § 35.08 or an application for a grant or incentive in § 124.05. 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.

      (2)   Up to one-half (1/2) of the parking spaces required for one use may be used to satisfy the parking requirements for either a second use on the same zoning lot or a use for which the provisions of division (1) are used, subject to the approval and certification of the Board of Zoning Adjustment that such joint usage of parking complies with the following provisions:

         (a)   The peak usage of the parking facility by one use will be at night or on Sundays (such as theaters, assembly halls, churches, or residences), and the peak usage of the parking facility by the second use will be at other times.

         (b)   The second use is an ancillary use to the first use, such as restaurants and meeting rooms to hotels and motels.

         (c)   Required parking area shall be available for the parking of operable vehicles of residents, customers, and employees, and shall not be used for the storage of vehicles or materials, or for the parking of vehicles used for loading or unloading, or in conducting the use.

   (E)   Parking design standards. All parking areas shall meet the following minimum design requirements:

      (1)   Ingress and egress to and from parking areas shall conform to the city's performance standards for access in § 156.129.

      (2)   In the C-3 zone (Central Business District), if a setback is provided between a principal structure and its fronting street, such setback shall not be used for off-street parking.

      (3)   Except for single-family detached or two-family semi-detached dwellings, all parking spaces and maneuvering space shall be surfaced with an all-weather, dustless paving material of a depth approved by the Street Department which shall be maintained in a safe, litter-free condition.

      (4)   No parking areas or maneuvering space shall be located within a public street right-of-way. Parking vehicles in off-street parking spaces shall be prevented from intruding on travel lanes, walkways, public streets, or adjacent properties by means of walls, curbs, wheelstops, or other appropriate means.

      (5)   The size of parking spaces shall be adequate for the safe parking of vehicles. Sufficient maneuvering space shall be provided so that parking and unparking can be accomplished in one continuous maneuver. Except for single- and two-family dwellings, each parking space shall be arranged so that any vehicle may be parked or unparked without moving another vehicle.

      (6)   The minimum area for each parking space, including circulation and maneuvering space, shall be a minimum of three hundred seventy (370) square feet. Parking facilities designed to accommodate five (5) or more vehicles shall be designed in accordance with the standards for stalls and aisles as set forth and illustrated below. Where parking facilities are designed to accommodate more than ten (10) vehicles, up to fifty percent (50%) of the parking spaces may be designed in accordance with the standards set forth below, provided the smaller spaces are designated to be used only by compact vehicles. For parking facilities designed for twenty-five (25) or more vehicles at least one (1) parking space, twelve (12) feet in width, shall be provided for each fifty (50) spaces or major fraction thereof, and designated for use only by handicapped persons.

      (7)   Curbed islands shall be required at the ends of or between parking aisles where necessary for traffic control or drainage control.

      (8)   Except for single- or two-family dwellings, parking spaces shall be provided with adequate aisle or turnaround areas so that all vehicles may enter adjacent streets in a forward manner.

      (9)   Parking facilities shall be designed, where appropriate, to connect with parking facilities on adjacent lots to eliminate the need to enter adjacent streets for cross-movement.

      (10)   All of-street parking facilities, except as otherwise noted, must conform to all other design standards pertaining to their development.

   (F)   Parking landscape standards. Except for one- or two-family dwellings, all parking facilities, unless located entirely underground, shall meet the following minimum landscaping requirements.

      (1)   All open off-street parking areas containing more than four (4) spaces and the ground level of parking structures shall be screened from adjacent streets by means of an effective screening device which is at least three (3) feet in height above the grade of the edge of the parking area.

      (2)   Entry ways into parking facilities shall be bordered by a landscaped buffer strip at least five (5) feet in width and ten (10) feet in length, except in the Central Business District.

   (G)   Loading space design standards.

      (1)   Off-street loading spaces shall be located and arranged so that a semi-trailer truck shall be able to gain access to and use such by means of one continuous parking maneuver.

      (2)   All loading spaces and maneuvering space shall be surfaced with a dustless, all-weather paving material which shall be maintained in a safe, litter-free condition.

      (3)   No loading space shall be located so that a vehicle using such space intrudes on travel lanes, walkways, public or private streets, or adjacent properties.

      (4)   Each required off-street loading space shall have a minimum width of twelve (12) feet, a minimum depth of fifty-five (55) feet, and a vertical clearance of fourteen (14) feet.

   (H)   Minimum parking and loading requirements.

      (1)   The minimum number of parking spaces shall be as follows:

 

*To the maximum extent feasible; subject to review by the Board of Zoning Adjustment.

      (2)   Minimum off-street loading space requirements shall be as follows:

 

 

   Required loading space shall be available for the loading and unloading of vehicles and shall not be used for the storage of vehicles or materials, or to meet off-street parking requirements, or in conducting the use.

(Ord. passed 1-27-87; Am. Ord. 0-95-007, passed 10-25-95; Am. Ord. O-2019-08, passed 3-11-19) Penalty, see § 156.999

   (A)   Natural drainage systems and storm water management installations shall be designed, constructed, and maintained so as to:

      (1)   Provide for natural infiltration of storm water;

      (2)   Control the velocity of runoff;

      (3)   Extend the time of storm water accumulation and its release into the drainage system;

      (4)   Collect and transmit excess storm water flows into either the city drainage system or into a natural drainage system.

   (B)   Water and sewer.

      (1)   All developments shall be served by a public water supply and either a public sanitary sewer system or an approved septic system.

      (2)   Fire hydrants of sufficient water pressure to provide adequate fire protection shall be provided where necessary.

      (3)   No occupancy permit or certificate of occupancy shall be issued unless service by a public sewer and water system has been certified by the city water and sewer system or a health department approval of an installed septic system has been received.

   (C)   Solid waste storage and removal.

      (1)   All development shall provide safe, secure, and covered sanitary facilities for the storage and pickup of refuse. These facilities shall be convenient to collection and appropriate to the type and size of the development being served.

      (2)   Except for single- and two-family dwellings, all refuse storage facilities shall be screened from any adjacent residential uses, adjacent street, and adjacent properties by a solid wall, fence, tight evergreen hedge, or any combination of the above. The screening shall be of sufficient height and design to screen the facility from view.

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

   In order to reduce the impacts of a use of land on adjacent uses which are of a significantly different type of use, buffers and screening shall be required in accordance with the following provisions of this section.

   (A)   Buffers required. A buffer consists of a horizontal distance from a property line which may only be occupied by screening, utilities, access ways, and landscaping materials. The required buffering distance between land uses on adjoining zoning lots is set forth in the matrix shown below. Such buffer shall be provided unless the abutting use has already provided a buffer in compliance with the provisions of this section.

 

   (B)   Screening required.

      (1)   Within buffers, screening is required and shall consist of at least the following:

         (a)   A row of deciduous or evergreen trees which are not less than fifteen (15) feet high at the time of planting and are spaced not more than fifteen (15) feet apart;

         (b)   A row of evergreen shrubs spaced not more than five (5) feet apart which will grow to form a continuous hedge at least six (6) feet in height within two (2) years of planting; and

         (c)   Lawn, low-growing evergreen shrubs, evergreen ground cover, or vegetable or rock mulch covering the balance of the buffer.

      (2)   All business, service, repair, processing, storage, or merchandise display conducted outside of an enclosed building shall be screened from adjacent streets and properties by means of an effective screening device of a height appropriate to its screening function. Appropriate screening devices may include solid decorative brick walls, wood fences, berms, tight evergreen hedges which shall reach the necessary height within two (2) years of planting, or combination of the above.

   (C)   Alternative buffers and screening. In lieu of compliance with the above buffer and screening requirements, a developer may submit to the Planning Commission for its approval a detailed plan and specifications for landscaping and screening which will afford a degree of buffering and screening equivalent to or exceeding that provided by the above requirements.

   (D)   Existing vegetation. The retention of existing vegetation shall be maximized to the extent practical wherever such vegetation contributes to required buffering and screening or to the preservation of significant trees.

   (E)   Maintenance of landscaping. All landscaping and screening providing required buffering and screening shall be maintained so as to continue their effectiveness.

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