Springfield City Zoning Code
USE REGULATIONS
§ 156.050 GENERALLY.
The following general regulations will apply to all zoning districts.
(1) Permitted uses (P). A “P” indicates that a use category is allowed by right in the respective zoning district. These permitted uses are subject to all other applicable regulations of this chapter.
(2) Conditional uses (C). A “C” indicates that a use category is allowed only if reviewed and approved as a conditional use in accordance with the conditional use permit procedures of § 156.131. Conditional uses are subject to all other applicable regulations of this chapter and may have specific conditions set forth by the Board of Adjustments.
(3) Prohibited uses. A blank or empty cell indicates that a use type is not allowed in the respective zoning district, unless it is otherwise expressly allowed by other regulations of this chapter. Any use not allowed or not listed is deemed prohibited and detrimental to the development of the district.
(4) New or unlisted uses. If an application is submitted for a use type that is not listed in the use table, the Zoning Administrator shall be authorized to make a similar use interpretation based on the criteria set forth below. If the Zoning Administrator determines that the proposed use does not fit any of the use descriptions of Appendix A, no similar use interpretation shall be made. The Zoning Administrator shall make a determination as to the use for the application that has been made.
(a) The actual or projected characteristics of the activity in relationship to the stated characteristics of each use category;
(b) The relative amount of the area of floor space and equipment devoted to the activity;
(c) Relative amounts of sales from each activity;
(d) The customer type for each activity, retail or wholesale;
(e) The relative number of employees in each activity;
(f) Hours of operation;
(g) Building and site arrangement;
(h) Vehicles used with the activity;
(i) The relative number of vehicle trips generated by the use;
(j) How the use advertises itself;
(k) Parking needs;
(l) Noise level, odor, dust, vibrations or smoke generated; and
(m) Utility use.
(5) Developments with multiple permitted uses. When all principal uses of a development fall within one use category, the entire development is assigned to that use category. When the principal uses of a development fall within different use categories, then each use is subject to all applicable regulations for that category.
(6) Accessory uses. Accessory uses are customarily incidental and necessary to any permitted use and are allowed by right in conjunction with a principal use unless otherwise stated in the regulations. Accessory structures shall not include any business, trade or industry, or any access driveway or walkway thereto, unless clearly incidental to the permitted use. Also, unless otherwise stated, accessory uses are subject to the same regulations as the principal uses.
(7) Home occupations. Home occupations shall be permitted on a limited basis in the residential districts. Permitted home occupations in these districts are set forth in the use table in Appendix A and may include academic tutoring, music lessons, catering, childcare (with less than eight children attending), sewing/alterations/tailoring/embroidery, hair salon/cosmetologist/barber and limited art/photography studio. Permitted home occupations shall meet the standards of the zoning district in which it is located.
(B) General development requirements and standards.
(1) Development plan. A development plan is intended to demonstrate the character and objectives of the proposed development in adequate detail for the Planning Commission to evaluate the effect of the proposed development on the community and to determine what provisions, if any, shall be altered for the protection and promotion of the general public health, safety and welfare. As a condition to the granting of any zoning map amendment, the Planning Commission is authorized to require the submission of a development plan. The development plan shall be filed in accordance with the provisions and requirements of §§ 156.110 through 156.112. Where agreed upon, this development plan shall be followed and shall be binding on all parties.
(2) Water supply and sanitary sewage systems. All uses within the corporate limits of the city shall be served by the public sanitary sewage system, unless otherwise specified by the city. All uses within the corporate limits of the city must have water supply either from an accessible water main, or if no water main is reasonably accessible, then from a source approved by the County Health Officer. All applications for building permit or certificate of occupancy submitted to the Building Inspector shall be accompanied by the County Health Officer’s certificate approving proposed and completed water and sewage facilities.
(3) Principal and accessory buildings and structures. Unless a plat and/or development plan has been approved for multi-building development, only one principal building and accessory structures customarily incidental to any permitted use shall be allowed per permitted lot. No accessory building shall be used for residential purposes, except for necessary tenant dwellings required for agricultural production on agriculturally exempt lots or those qualifying as accessory dwelling units or tiny home hereunder.
(4) Lot area.
(a) Minimum lot area. Unless otherwise specified in this chapter, lots served by a sanitary sewer shall have a minimum lot area of 7,500 square feet, and lots not served by sanitary sewer shall have a minimum lot area of 30,000 square feet.
(b) Minimum lot area above 100-year flood level required. No lot shall be created or developed which does not have at least 5,000 square feet of lot area above the 100-year frequency flood level.
(5) Lot width. Unless otherwise specified in this chapter, lots served by sanitary sewer shall have a minimum lot width of 50 feet, and lots not served by sanitary sewer shall have a minimum lot width of ten feet.
(6) Yards.
(a) Application of yards to one building only. No part of a yard required for any building may be included as fulfilling the yard requirements for an adjacent building.
(b) Use of yards for accessory buildings. No accessory buildings are permitted in front or side yards. They are permitted only in the rear yards according to the dimensions and area regulations set forth in the specific zoning district regulations of this chapter.
(c) Rear dwelling prohibited. No building in the rear of a main building on the same lot may be erected for residential purposes, except as approved by the Board of Adjustments, those qualifying as an accessory dwelling unit or tiny home hereunder, or in a multi-family residential district.
(7) Building line setbacks.
(a) Distance greater than minimum required. Building setback lines as established by this subchapter may be greater than the minimums set forth.
(b) Front yard setback line. Unless otherwise specified in this chapter, the minimum front yard setback line shall be one-half the width of the street right-of-way, and in no case shall this distance be less than 30 feet. Lots fronting on a cul-de-sac shall have a minimum 100-foot front yard setback line. A waiver from strict enforcement of this front yard setback may be granted by the Zoning Administrator where the majority of existing development on the same block face is set back less than the required setback. In such case, the front yard setback may be the average setback line for that block face.
(c) Rear yard setback line. Unless otherwise specified in this chapter, the minimum rear yard setback line shall be no less than 25 feet.
(d) Side yard setback line. Unless otherwise specified in this chapter, the minimum side yard setback line shall be no less than eight feet.
(e) Additional setbacks for corner lots. Corner lots shall be required to provide a front yard along any lot line abutting a street. Unless the plat is expressly marked as to the street the dwelling will front, a rear yard shall be substituted for any side yard not abutting a street. Corner lots shall be required to provide a side yard abutting a street of at least 30 feet.
(f) Additional setbacks adjacent to parkways or other highways. Lots that abut or are adjacent to a parkway or other fully controlled access highways which allow no direct access shall have a minimum building setback line from the right-of-way of said highway of 25 feet. This building line shall be the same whether considered as front, side or rear setback.
(8) Building height.
(a) Maximum building height. Unless otherwise specified in this chapter, no building shall exceed 45 feet in height.
(b) Height exceptions. Building height regulations apply to buildings occupied regularly by persons or their activities. They do not apply to structures or portions of buildings, such as church spires, belfries, cupolas and domes not intended for human occupancy; monuments; water towers; observation towers; flagpoles; or chimneys. The Board of Adjustments shall interpret whether or not height regulations apply upon application by the Administrative Official in doubtful cases. The Kentucky Airport Zoning and Federal Aviation Agency height regulations in the vicinity of an airport shall take precedence over all other height regulations.
(9) Access and visibility. All lots shall have access to a public street and shall comply with the access and visibility requirements set forth in the subdivision regulations. The Planning Commission shall approve access to buildings in a planned unit development. Furthermore, in all but the Central Commercial District, no obstructions to vision between a height of two and one-half feet and ten feet above the imaginary plane defined by the following three points of intersection are permitted: at the intersection of any two street rights-of-way, of streets and railways, or of a straight line intersecting those two rights-of-way at points thirty feet from the intersection.
(10) Accessory buildings and structures.
(a) General. Construction or installation of accessory buildings and structures, except as otherwise permitted by this chapter, shall require the issuance of a zoning permit and shall be subject to the following regulations. Accessory buildings and structures shall not include mobile homes, buses, travel trailers, recreational vehicles, trailers, coolers, vehicles or freight containers. No accessory structure that is not designated to breakaway on impact shall be permitted in the right-of-way. Such structures include, but are not limited to, rock or brick mailbox structures. Any accessory structure may be connected to the principal building by a breezeway or other similar structure but shall not be considered as an attached accessory building, carport or similar structure. Said breezeway shall not project nearer to the side lot line than the minimum side yard required for the principal building.
(b) Setbacks. Accessory structures shall be not located in the front yard and side yard and shall not extend beyond the principal structure. Accessory structures shall be located behind and to the rear of the principal structure. Accessory structures on corner lots adjoining residential uses or districts shall not extend beyond the front of the principal structure or be nearer to the side street than the depth of the required front setback for the principal structure along such street.
(c) Height. The height of accessory structures shall not exceed the height of the principal structure. This restriction does not apply to radio towers, silos, flag poles or other structures which are not regularly occupied by human beings. If in doubt as to applicability, the Board of Adjustments shall interpret whether the structure in question is subject to height restrictions.
(d) Size. The maximum size of accessory structures shall be 50% of gross floor area of principal structure
(e) Fencing.
1. Height.
a. Unless otherwise specified in this chapter, fencing shall be permitted and shall conform to height restrictions. Fencing less than four feet in height shall be permitted along all property lines. Fencing that is less than eight feet in height shall be permitted along rear and side property lines and from the rear property line to the rear of the principal structure. Fencing greater than eight feet in height shall be permitted with the prior approval of the Board of Adjustments or the Planning Commission. No fence may be located in a public roadway or the right-of-way thereto without advance written permission from the city.
b. For all commercial or industrial zones, fencing of eight feet or less is allowed in the front yard if neither solid nor opaque.
2. Materials. Fencing or screening constructed in front or side yards abutting a public street must be constructed of materials not eliminating or impeding view of the principal building from the public street and requires Planning Commission approval for location, height, material and construction. Chain link or wire fences shall not be permitted in the front yard of residential zones.
3. Setbacks. Fences may be located as close as zero feet from all adjoining property lines; however, care should be exercised in determining the true and accurate location of said property boundary lines in advance of fence placement.
(f) Patios and private pools.
1. Patios. All patios must be at least five feet from any property line, right-of-way or easement.
2. Private pools. The following regulations apply to all private pool installations.
a. Before construction can begin, owner must apply for a pool permit from the city, and submit all necessary form.
b. Owner must erect and maintain an adequate enclosure surrounding the pool area. The enclosure, including gates, shall not be less than six feet above the underlying ground. All gates shall be self-closing and self-latching with childproof latches placed at least four feet above the underlying ground.
c. Electrical permits issued by a state- and county-approved inspector shall be required for electrical work and shall be issued only to properly licensed electrical contractors. Electrical inspector must make a rough-in and final inspections.
d. Owner must not alter the flow of water into adjacent properties during construction or operation of the pool.
e. Owner must get sign-off from Water and Sewer Authority, assuring that the pool is not draining into the sewer.
f. Before the pool may be used, an approved zoning permit must be obtained.
g. Owner must call Kentucky Underground Protection, Inc. two working days before you dig (1-800-752-6007).
h. Accessory fee structure applies. See fee schedule in § 156.011.
(g) Accessory structures. All accessory structures or constructs, including patios and wheelchair or handicap-access ramps but excluding unelevated driveways, must be at least five feet from the property line. Non-elevated driveways can run along the property line with zero lot line setback.
(C) Sinkholes. Sinkholes and other similar depressions and the area within 50 feet horizontally from the rim of said sinkhole or that area subject to periodic flooding, whichever is greater, shall be preserved in its natural state for the purpose of providing drainage of the surrounding area. No building, street or any other improvement shall be made within the given area around a sinkhole. The Planning Commission shall have the power to increase the area around the sinkhole if drainage conditions warrant such action. The sinkhole may be punched or otherwise altered to improve drainage. The Planning Commission or its Administrative Official is hereby empowered to require appropriate survey work to identify such features, of any applicant seeking approval to divide, develop or rezone property in the county where it is reasonably anticipated that such problems occur.
(D) Accessory dwelling units (ADU).
(1) A residential lot may have one primary dwelling unit and one accessory dwelling unit (ADU).
(2) An ADU may not be conveyed separately from the primary dwelling unit unless the lot parameters comply with all applicable subdivision regulations.
(3) ADUs shall not be more than 750 square feet nor less than 200 square feet; ADUs shall have no more than two bedrooms.
(4) All setback requirements that apply to the principal dwelling unit also apply to the ADU.
(5) The minimum distance between the principal dwelling unit and the ADU must be at least 15 feet.
(6) ADUs must be placed on a permanent foundation.
(7) ADUs shall comply with the requirements of any applicable housing codes, building codes and parking regulations, unless specifically noted in this section.
(8) At least one off-street parking space must be provided for the ADU in addition to the parking required for the main dwelling unit.
(9) ADUs shall comply with all other requirements for dwelling units contained in this chapter unless specifically stated in this section.
(10) Any other appropriate or more stringent conditions deemed necessary by the Planning Commission or the Board of Adjustments to protect the public health, safety and welfare, and character of the neighborhood may be imposed.
(11) ADUs shall be considered residences, not accessory structures.
(E) Tiny homes as primary dwelling units.
(1) Tiny homes as primary dwelling units are permitted only in R-1 Zones. There may be a maximum of two tiny homes present on one lot. Otherwise, tiny homes must comply with all the requirements of ADUs set forth in division (D) above.
(2) A tiny home may be constructed or installed as the only dwelling on a lot with all applicable appropriate permits.
(Ord. 2024-004, passed 12-23-2024) Penalty, see § 156.999
§ 156.051 USE EXCEPTIONS.
Several types of structures and uses which may or may not be listed as permitted uses in any district are, nevertheless, not prohibited from any district. These structures and uses are as follows.
(A) No building permit, zoning permit or certificate of occupancy required.
(1) Local public utility distributing and collecting structures such as pipes and transmission lines, transformers, meters and the like. Large utility structures such as substations are permitted only as conditional uses. For cellular antenna towers, see § 156.052;
(2) Public streets and all appurtenances necessary for traffic direction and safety;
(3) Private drives, private parking areas and the parking of vehicles incidental to the principal use on the same premises;
(4) Real estate signs located on the premises being advertised for rent or sale, not to exceed a total of ten square feet in sign area;
(5) Signs not over four square feet in area identifying permitted home occupation or short-term rental on the same premises;
(6) Horticulture and landscaping of any premises;
(7) Agriculture;
(8) Uncovered patios on ground level; and
(9) Handicap-accessible ramps.
(B) Zoning permit required; no building permit or certificate of occupancy required. Advertising sign or structure: all such signs shall meet the standards set forth within the individual districts as established in §§ 156.145 through 156.159, except as provided for by division (A)(4) and (A)(5) above.
(Ord. 2024-004, passed 12-23-2024)
§ 156.052 CELLULAR ANTENNA TOWERS AND TELECOMMUNICATIONS SERVICES STANDARDS.
(A) Purpose and intent. The purpose of this section is to provide for the safest and most efficient integration of cellular antenna towers for cellular telecommunications services or personal communication services within the community, to provide for such facilities in coordination with the recommendations of the Comprehensive Plan and to allow for such facilities with the intention of furthering the public health, safety and general welfare.
(B) General. Cellular antenna towers for cellular telecommunications services or personal communication services may be allowed in any zone after the Planning Commission reviews it in accordance with the following procedures to ascertain agreement with the adopted Comprehensive Plan and the regulations contained within the chapter, and after being granted a certificate of necessity and convenience by the Public Service Commission.
(C) Applicability. 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 copy of the utility’s completed uniform application to the Planning Commission within five consecutive days of applying to the Public Service Commission for a certificate of necessity and convenience.
(D) Application requirements. Applications for the construction of cellular antenna towers or cellular telecommunications services or personal communications sendees shall include the following:
(1) All information that the application is required to submit to the Public Service Commission, per the requirements of the uniform application;
(2) A copy of the applicant’s FCC license, or if the applicant is not an FCC license holder, a copy of at least one letter of commitment from an FCC license holder to locate at least one antenna on the applicant’s tower;
(3) Unless co-locating, certification, supported by evidence, that colocation of the proposed facility with an existing approved tower or facility cannot be accommodated. The applicant’s certification shall include a listing of all existing towers and facilities within a two-mile radius of the proposed tower location, a description of each existing site, and discussion of the ability or inability to collocate on each existing site, according to the following:
(a) No existing towers or facilities are located within two-mile radius of the proposed tower location;
(b) Existing towers or facilities are not of sufficient height to meet the applicant’s engineering requirements;
(c) Existing towers or facilities do not have sufficient structural strength to support the applicant’s proposed antenna(s) or related equipment;
(d) The applicant’s planned equipment would cause frequency interference with other existing or planned equipment of the tower or facility or the existing or planned equipment of the tower or facility would cause frequency interference with the applicant’s planned equipment, and which cannot be reasonably prevented; and
(e) Unwillingness of the owner of the existing tower or facility to entertain a collation proposal.
(4) Unless collocating, certification, supported by evidence, that the proposed site is the only appropriate site for the location of the facility, the applicant’s certification shall include a listing of all potential sites within a two-mile radius of the proposed tower location, a description of each potential site and a discussion of the ability or inability of the site to host such a facility, according to the following:
(a) Unwillingness of the site owner(s) to entertain such a facility;
(b) Topographic limitations on the site;
(c) Adjacent impediments that would obstruct adequate transmission;
(d) Physical site constraints that would preclude the construction of such a facility;
(e) A statement demonstrating that the proposal is in agreement with the adopted Comprehensive Plan and is in conformity with this section;
(f) A development plan, drawn to scale not smaller than one-inch equals 100 feet, showing:
1. The total area of the site in question;
2. All public and private rights-of-way and easement lines located on or adjacent to the subject property which are proposed to be continued, created, enlarged, relocated or abandoned;
3. Existing topography and approximate delineation of any topographical changes shown by contour with intervals not to exceed five feet;
4. Location, height, arrangement and identification of all non-residential buildings, structures and uses on the subject property and, where applicable, location and arrangement of all lots with lot dimensions;
5. Location and arrangement of all common open space areas and methods of ownership and operation and maintenance of such lands shall be identified;
6. Landscaping features, including identification of planting areas and the location, type and height of walls and fences;
7. Location of all signs, indicating their orientation, size and height;
8. All utility lines and easements for water distribution systems, including line sizes, easement widths, pipe type, hydrant and valves location, and other appurtenances, for sanitary sewer system, including pipe sizes, easement widths, gradients, pipe types, invert elevations, manhole locations and types, all lift or pumping stations location, types, sizes and capacity, and process of any necessary treatment facilities and other appurtenances, and for storm sewer and natural drainage system, including pipe and culvert sizes, gradients, location of open drainage courses, easement widths, inlets and catch basin location and size, and retention and/or sedimentation basin location and sizes, and for other utilities, such as electric, telephone and the like, including the type of service and easement widths;
9. Location of all off-street parking, loading and/or unloading, and driveway areas, including typical cross sections, type of surfacing, dimensions, number and arrangement of off-street parking and loading, and/or unloading spaces;
10. Circulation system, pedestrian walkways, including alignment, grades, surface type and width, and streets, including alignment, grades, surface type, pavement and right-of-way width, geometric details, and typical cross sections; and
11. Provisions of control of erosion and storm drainage, hillside slippage and sedimentation, indicating the temporary and permanent control practices and measures which will be
implemented during all phases of clearing, grading and construction.
(E) Application process. Applications for the construction of cellular antenna towers or cellular telecommunications services or personal communications services shall be processed as follows.
(1) New sites.
(a) At least one public hearing on the proposal shall be held, at which hearing interested parties and citizens shall have the opportunity to be heard. Notice of the time and place of such hearing shall be published at least once, but may be published two or more times, in a newspaper of general circulation in the county; provided that one publication occurs not less than seven calendar days nor more than 21 days before the occurrence of such hearing.
(b) Notice of such hearing shall be posted conspicuously on the property in question for 14 consecutive days immediately prior to the hearing. Said posting shall consist of one or more signs, constructed of durable material, and clearly depicting the following information: (name of utility) proposes to construct a telecommunications (tower or monopole) on this site (four-inch high lettering); date, place and time of public hearing (one-inch high lettering); and address, including telephone number of the Planning Commission where additional information regarding the hearing may be obtained.
(c) Notice of the hearing shall be given at least 14 days in advance of the hearing, by first class mail, with certification by the Planning Commission secretary, or other officer of the Planning Commission, that the notice was mailed to an owner of every parcel of property within 500 feet of the base of the proposed tower or monopole. It shall be the duty of the applicant proposing the facility to furnish the Planning Commission with the names and addresses of said property owners. Records maintained by the PVA may be relied upon consecutively to determine the identity and address of said owner. In the event such property is in a condominium or cooperative forms of ownership, then the person notified by mail shall be the president or chairperson owned by the condominium or cooperative owners. A joint notice may be mailed to two or more co-owners of an adjoining property who are listed in the PVA’s records as having the same address.
(d) Upon holding such hearing, the Planning Commission shall, within 60 days commencing from the date that the application is received by the Planning Commission, or within a date specified in a written agreement between the Planning Commission and the applicant, make its final decision to approve or disapprove the uniform application. The Planning Commission shall submit to the Public Service Commission, along with their action, the basis for their decision. If the Planning Commission fails to issue a final decision within 60 days, and if there is no written agreement between the Planning Commission and the utility to a specific date for the Planning Commission to issue a decision, it is presumed that the Planning Commission has approved the utility’s uniform application.
(2) Previously approved site.
(a) For facilities located on previously approved sites, the Planning Commission’s Administrative Officer shall review the application for its conformity with these regulations and all regulations contained with the chapter.
(b) If the Planning Commission’s Administrative Officer determines that the application is in conformity with these regulations and all regulations contained within the chapter, an administrative approval may be granted.
(c) If the Planning Commission’s Administrative Official determines that the application is not in conformity with these regulations and all regulations contained within this chapter, a public hearing, pursuant to this section, shall be scheduled.
(F) Design standards. At the time of the application submittal, the applicant shall provide information demonstrating compliance with the following requirements. Where the Planning Commission or its Administrative Official finds that the circumstances or conditions relating to the particular application are such that one or more of the requirements listed below are not necessary or desirable for the protection of surrounding property or the public health, safety and general welfare, and that such special conditions or circumstances make one or more said requirements unreasonable, the Planning Commission or its Administrative Official may modify or waive such requirement, either permanently or on a temporary basis. The applicant shall request any such modification or waiver, and the applicant shall submit a written justification for each requested modification or waiver.
(1) All structures, except fences, shall be located at least 50 feet from the property line or lease line of any residentially zoned property.
(2) A cellular antenna tower or alternative antenna tower structure may be constructed to a maximum height of 200 feet. This also applies to any tower taller than 15 feet constructed on the top of another building or structure, with the height being the overall height of the building/structure and tower together, measured from the grade to the highest point. The Planning Commission may allow antennas greater than 200 feet in height upon review of the applicant’s justification that the additional height meets the criteria identified in this section.
(3) When any cellular antenna tower or alternative antenna tower structure is taller than the distance from its base to the nearest property line or lease line, the applicant shall furnish the Planning Commission with a certification from an engineer registered in the Commonwealth that the tower will withstand winds of 70 mph, in accordance with the current ANSI/EIA/TIA standards.
(4) Cellular antenna towers shall not be illuminated, except in accordance with other state and federal regulations.
(5) The site shall be unstaffed. Personnel may periodically visit the site for maintenance, equipment modification or repairs. To accommodate such visits, ingress/egress shall only be from approved access points.
(6) A minimum of one off-street parking space per provider shall be provided on the site.
(7) A chain link (80% open) or solid fences made from wood or other materials (less than 50% open) shall be used to enclose the site. Such fences shall not be less than four feet in height nor more than eight feet in height. The use of woven wire, barbed wire or sharp pointed fences shall be prohibited. Such fences shall be located within the front, side or rear yard.
(8) Screening shall be required when the site in question abuts residentially zoned property. Screening shall be provided by evergreen trees planted in a staggered pattern at a maximum distance of 15 feet on center. The screening shall be placed in an area between the property line, or lease line, and a ten-foot setback.
(9) Any site to be purchased or leased for the installation of a cellular antenna tower or alternative antenna tower and ancillary facilities shall comply with the minimum lot size requirements of the zoning district in which the facility is to be located provided that such area shall not be required to exceed one-half acre.
(10) Surfacing of all driveways and off-street parking areas shall be of either concrete or asphalt and shall comply with the requirements of this chapter.
(11) There shall be no signs permitted, except those displaying emergency information, owner contact information, warning or safety instructions, or signs which are required by a federal, state or local agency. Such signs shall not exceed five square feet in area.
(12) All new cellular antenna towers shall be designed and constructed to accommodate a minimum of three service providers.
(13) All option and site lease agreements shall contain non-exclusive co-location clauses.
(G) Criteria. Evaluation of the proposal shall be based upon the following criteria:
(1) Agreement with the various elements of the Comprehensive Plan and where applicable, any other adopted plan or regulation;
(2) Extent to which the proposal is consistent with the purposes of these regulations;
(3) Adequacy of the proposed site, considering such factors as the sufficiency of the size of the site to comply with the established criteria, the configuration of the site and the extent to which the site is formed by logical boundaries (such as, topography, natural features, streets, relationship of adjacent uses and the like);
(4) Extent to which the proposal responds to the impact of the proposed development on adjacent land uses, especially in terms of visual impacts;
(5) Extent to which the proposed cellular antenna tower is camouflaged (e.g., use of “stealth technology”); and
(6) Extent to which the proposed facility is integrated with existing structures (e.g., buildings, structures and the like).
(H) Amendments. Any amendments to plans, except for minor adjustments as determined by the Planning Commission or its Administrative Official, shall be made in accordance with the procedures set forth in this section, subject to the same limitations and requirements as those under which such plans were originally approved,
(I) Guarantee. To ensure the removal of all improvements at any abandoned telecommunications facility, any applicant filing a request under these regulations shall, at the time of the submittal, deposit with the Planning Commission, and to the benefit of the Planning Commission, a letter of credit, performance bond or other security acceptable to the Planning Commission in the amount equal to the cost of the demolition and removal of the facility. An applicant having multiple telecommunications facilities within the Planning Commission’s jurisdiction may deposit a single guarantee in the amount equal to the cost of the demolition and removal of the one facility it owns which would cost the most to demolish and remove until such time as the number of multiple facilities exceeds four such facilities, the applicant shall increase the amount on deposit to an amount equal to the cost of the most costly demolition and removal plus 25% of the cost of demolition and removal of the applicant’s other existing facilities. Any guarantee submitted shall be irrevocable and shall provide for the Planning Commission to collect the full amount of the guarantee if the applicant fails to maintain the guarantee.
(Ord. 2024-004, passed 12-23-2024) Penalty, see § 154.999
§ 156.053 ACCESS POINTS.
It is desirable that access points to the arterial streets serving all zoning districts shall be located no more frequently than once every quarter mile. Topography and traffic volumes shall determine the exact locations. Heavy arterial traffic volumes demand greater access spacing. Along any arterial street where subdivided land and its minor streets are not sufficiently developed to permit acceptably spaced access points, the Planning Commission may approve the platting of temporary access points and may require that temporary access points shall be eliminated by the developer when minor streets or marginal access streets are extended to the approved permanent access points. Such requirements shall be listed as special conditions on the recorded final plat. Access points shall also meet federal and state standards where applicable.
(Ord. 2024-004, passed 12-23-2024)
§ 156.054 JUNKYARDS OR SALVAGE YARDS.
Junkyards are not designated as permitted uses in any district and are consequently non-conforming uses in all districts. They shall conform with §§ 156.090 through 156.095 prescribing regulations for non-conforming uses. The Administrative Official shall ensure that all existing junkyards maintain valid permits to operate issued by the Kentucky Department of Highways, as required by KRS 177.905 through 177.990, and shall ensure that all screening required by the Department of Highways is maintained as long as the junkyards remain in operation.
(Ord. 2024-004, passed 12-23-2024)
§ 156.055 MANUFACTURED AND MOBILE HOME STANDARDS.
(A) Purpose and intent. The purpose of this section is to provide the minimum standards to safeguard the health, welfare and safety of the citizens of the city by establishing standards for the placement of manufactured and modular homes on individual lots or subdivision development lots in the city and distinguishing between manufactured and modular homes and mobile homes.
(B) Standards.
(1) A manufactured or mobile home as defined in KRS 227.550, which does not bear a seal certifying that it was manufactured in accordance with the Federal Manufactured Home Construction and Safety Standards Act and not bearing either a Class A or B Seal issued by the Kentucky Department of Housing, Building and Construction, Office of the State Fire Marshal is not acceptable for residential occupation.
(2) Establishment, location and use of manufactured homes as scattered site residences shall be permitted in agriculturally exempt areas and residential zones permitting installation of a single-family dwelling unit applying generally to such residential use in the district, subject to the following additional requirements:
(a) Permanent foundation system shall be anchored in accordance with the state standards set forth in KRS 227.570;
(b) Exterior material shall be material customarily used on site-built dwellings, such as board siding, plywood or presswood siding, vinyl, stucco, brick, non-reflective aluminum and the like, and shall be compatible with the conventionally built residential structures in the neighborhood;
(c) Roofing material shall be of wood, tile, composition shingles or other materials compatible with the conventionally built residential structures in the neighborhood that shall be installed on a surface appropriately pitched for the materials used;
(d) Exterior covering material extending to the ground or the top of the foundation shall be used. Skirting materials shall be used and be compatible with the conventionally built residential structures in the neighborhood;
(e) Structural additions or alterations shall be subject to the same regulations and requirements and procedures, including any applicable zoning permit or state building permit that must be complied with to obtain such a permit for additions or alterations to a conventionally built house;
(f) Manufactured homes in a manufactured home communities or mobile homes in mobile home parks shall conform to the requirements as prescribed in 902 KAR 15:010 for manufactured and mobile home communities; and
(g) Manufactured homes not conforming to the requirements of this section shall be permitted in the MHP District designed only for permitting mobile homes.
(C) Permitted placement of mobile homes.
(1) Class A and B mobile homes may be placed in manufactured home community or mobile home park as a permitted residential unit type and in accordance with this chapter and the subdivision regulations.
(2) Class A and B mobile homes may also be placed in the Agricultural District for use as a tenant dwelling with the issuance of a conditional use permit by the Board of Adjustments and in accordance with this chapter and the subdivision regulations.
(3) Manufactured homes with no HUD Code seal and mobile homes with no Class A or B seal are not permitted in any zoning district or in mobile home parks. Those which at the time of the adoption of this chapter are located within the jurisdiction are non-conforming uses, subject to the same requirements as any other non-conforming use.
(D) Permits.
(1) If building permits are required for other single-family residential dwellings, building permits for manufactured homes shall be issued, providing that the other requirements for the zoning district are met, upon presentation of certification either by the United States Department of Housing and Urban Development or the Kentucky Department of Housing, Building and Construction, Office of the State Fire Marshal, that the home has been constructed in accordance with the Manufactured Home Construction and Safety Standards Act. Inspection shall be limited to the foundation of any accessory additions, such as porches, basements, or other added or altered structures.
(2) If building permits are required for other single-family residential dwellings, building permits for Class A and Class B mobile homes shall be issued where permitted upon receipt of certification that they are Class A or Class B mobile homes and after compliance with all the other provisions of this chapter and the subdivision regulations. Inspection shall be limited to the foundation and other on-site improvements, if any.
(Ord. 2024-004, passed 12-23-2024)
§ 156.056 OFF-STREET AND ON-STREET PARKING AND LOADING/UNLOADING STANDARDS.
(A) Off-street parking requirements.
(1) General. Off-street parking shall be provided with vehicular access to the public right-of-way and shall conform to the regulations set forth in this section. The off-street parking requirements and ingress/egress shall not, except for single-family residences, be used in the computation of parking spaces. Off-street parking is not required in the Central Commercial District; however, off-street parking is required in all other zoning districts to ensure on-street parking does not result from normal use of the property. If off-street parking capacity is exceeded and street parking is generated more often than six times during a six-month period, this will be deemed to result from normal use of the property and additional off-street parking shall be required.
(2) Existing parking space. Existing off-street parking space provided for any building or use at the time of the enactment of this chapter shall not thereafter be reduced unless it exceeds the requirements of this chapter. Any existing building or use not providing off-street parking space in conformance with this chapter shall, at the time of any structural alteration of the building or expansion of the use, provide the required parking.
(3) Minimum parking space dimensions. The minimum dimensions of off-street parking shall be a minimum of ten feet in width by 20 feet in length. Additional area shall be required in order to provide vehicle maneuvering space, access and egress, and for purposes of rough computation, an off-street parking space with ingress/egress and maneuvering space is considered to be 400 square feet.
(4) Minimum number of off-street parking spaces. If three or more off-street parking spaces are required by the table below, the owner shall have individual spaces marked and so designed, maintained and regulated as to prevent the need for parking or maneuvering incidental to parking to take place on any street, walk or public alleyway. The design for all off-street parking shall be such that any pace may be utilized by one vehicle without having to move another. The following table sets forth the minimum number of off-street parking spaces for specific uses. The gross floor area of warehouses, storage space, employee workshop areas or accessory structures shall not be utilized in the computation of parking space requirements. Where more than one use occupies a building, the total of the combined standards shall be required:
Use | Minimum Parking Area or Parking Space(s) |
Use | Minimum Parking Area or Parking Space(s) |
Highway Commercial or Institutional | |
Assisted living and residential care facility | 2 spaces for every 3 beds or 0.66 spaces per bed |
Churches, Sunday School and other place of religious assembly | 1 space per five seats at maximum capacity |
Day care or child care center | 1 space per each 420 square feet gross floor area (GFA), exclusive of kitchen and bathroom |
General commercial or retail use not specified | 1 space per each 400 square feet of gross floor area of the principal structure (GFA) up to 10,000 square feet of GFA; thereafter, 1 space for every 200 square feet of the GFA plus 1 space for every truck or delivery/transport vehicle operated by the business (note: the computation of GFA shall not include warehouses, storage space, employee workshop areas or accessory structures) |
Hospital, medical clinic, sanitarium and nursing home | 1 space per four beds or each 4 beds in use, whichever is greater, plus 1 space for every 1,000 square feet of gross floor area (GFA) |
Hotel or motel | 1 space per room offered for overnight accommodations |
Professional office | 1 space per 200 square feet of gross floor area (GFA) |
School, elementary and middle | 1 space per classroom |
School, high school and post secondary | 4 spaces per classroom or 1 space per every 6 seats in auditorium, gym, arena or stadium at maximum capacity, whichever is greater; maximum 300 spaces |
Theaters, auditorium, stadium or other place of public assembly | 1 space for each 5 seats at maximum capacity |
Industrial | |
General manufacturing or industrial use | 1 space per employee at maximum capacity on a single shift plus 1 space for every truck or delivery/transport vehicle operated by the facility |
Residential | |
Bed and breakfast, short-term rental (residential), rooming and boarding house | 1 space per room/unit offered for overnight accommodations plus 2 spaces per dwelling unit |
Home occupation | 1 space for each 200 square feet of gross floor area (GFA) |
Residential structure | 2 spaces per dwelling unit |
Uses not elsewhere specified | |
Unspecified use | 1 space per 300 square feet of gross floor area (GFA) |
(5) Minimum setback. Parking areas shall be located no closer than five feet from any property line.
(6) Space arrangement and layout. Off-street parking shall be located on the same property as the permitted use, unless the Planning Commission authorizes the use of other properties. Combined uses shall provide parking equal to the sum of the individual uses. The required parking area for the permitted use shall not be reduced or encroached upon in any manner; however, consolidated uses of a parking area by various properties may be granted a variance of the parking space requirement if the multiple uses served by the consolidated parking area generate parking demands at non-overlapping times of a 24-hour day.
(7) Off-street parking on adjacent property. If off-street parking cannot be reasonably provided on the same lot on which the permitted use is conducted, the Board of Adjustments may permit off-street parking and loading on adjacent property; provided that such space is within 400 feet of an entrance to the permitted use. This off-street parking area shall be deemed as required open space associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner. The Planning Commission or Board of Zoning Adjustments may require a plat, deed or any other proof necessary to show that the required loading/unloading space, if located off the premises it serves, is controlled by and available to the applicant.
(B) Off-street loading/unloading requirements.
(1) General. All buildings and uses which generate regular trucking/delivery/transport traffic shall provide sufficient off-street loading/unloading space on premises such that no unloading/loading activity will be generated on the required off-street parking spaces or on any street. Areas which are specified as loading/unloading zones in compliance with city ordinances may be used to satisfy this requirement. Permitted uses shall provide off-street loading/unloading areas and adequate ingress/egress. No building shall be designed, erected, altered, used or occupied unless the required off-street loading/unloading requirements are satisfied. Off-street loading/unloading areas shall be located on the same property as the permitted use and structure it serves and shall be paved.
(2) Minimum setback. Loading/unloading areas shall be located no closer than five feet from any property line.
(3) Minimum size of off-street loading/unloading spaces. Loading/unloading berths shall be a minimum of ten feet in width, 35 feet in length and 15 feet in height.
(4) Minimum number of off-street loading/unloading. The following listing sets forth minimum number of off-street loading/unloading berths:
Gross Floor Area of Permitted Structures/Buildings (Square Feet) | Minimum Off-Street Loading/Unloading Berths |
Gross Floor Area of Permitted Structures/Buildings (Square Feet) | Minimum Off-Street Loading/Unloading Berths |
Less than 40,000 | 1 |
40,001 - 100,000 | 2 |
100,001 - 160,000 | 3 |
160,001 - 240,000 | 4 |
240,001 - 320,000 | 5 |
320,001 - 400,000 | 6 |
Greater than 400,000 | 1 per additional 100,000 square feet GFA |
(5) Off-street loading/unloading on adjacent property. If off-street loading/unloading cannot be reasonably provided on the same lot on which the permitted use is conducted, the Planning Commission or Board of Zoning Adjustments may permit off-street parking and loading on adjacent property; provided that such space is within 400 feet of an entrance to the permitted use. This off-street loading/unloading area shall be deemed as required open space associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner. The Board of Zoning Adjustments or Planning Commission may require a plat, deed or any other proof necessary to show that the required loading/unloading space, if located off the premises it serves, is controlled by and available to the applicant.
(C) On-street parking and loading/unloading. The on-street parking of vehicles 20 feet or longer in length on public streets shall be prohibited in a residential district, except for limited delivery, maintenance, construction or other loading/unloading purposes.
(Ord. 2024-004, passed 12-23-2024) Penalty, see § 156.999
§ 156.057 CHILD DAY CARE CENTERS.
(A) Generally. A child day care center, whether home-based or located in a separate structure and properly licensed by the state agency presently charged with regulating childcare facilities in the Commonwealth, may be approved as a conditional use in Residential (R-l, R-2, R-3) or Commercial Restricted (CR) Zoning Districts subject to certain exceptions and specific use standards identified here. In zoning districts where a child day care center is already a permitted use, it shall be subject to the specific use standards prospectively from the date of adoption of this chapter.
(B) Exceptions. A child day care center does not include public or private schools or facilities operated in connection with shopping centers or other principal uses where children are cared for temporarily while parents, guardians or custodians are occupied on the premises or in the immediate vicinity. A child day care center does not include the provision of childcare, nursery, guidance or supervision by religious organizations only while religious services are being conducted. A child day care center does not include kindergarten programs operated as a part of a public educational system.
(C) Specific use standards. Child day care centers, nurseries, kindergartens or any facility or operation providing child care, guidance or supervision for which a license is required from the state agency presently having jurisdiction to regulate the provision of child care, with the exception of religious organizations providing child care, guidance or supervision only while religious services are being conducted or to kindergarten programs operated as a part of a public educational system, require compliance with the following requirements:
(1) The lot shall contain a minimum open space area as required by the Kentucky Cabinet for Health and Family Services or such other agency of the Commonwealth having authority to regulate facilities providing childcare;
(2) A solid wall or adequate security fence not less than six feet high is maintained along all interior lot lines which separate play areas from adjacent properties and parking areas. Outdoor play areas shall be contiguous with the building so children can safely walk from the building to the play area. Outdoor play area which lies within or adjoins a residential district shall be buffered by landscaping or a solid privacy fence;
(3) The Board of Adjustments, if applicable, may set hours or otherwise limit outdoor play times for any facility located within a residential district or adjacent to a residential structure;
(4) A letter from the Fire Marshal and the Kentucky Cabinet for Families and Children, or their successor agency certifying that the use complies with the requirements of that agency. This documentation must be supplied to the Planning Commission prior to issuance of a certificate of occupancy by the Building Inspector;
(5) Adequate and safe on-site parking, loading and unloading areas and driveways providing for safe ingress and egress with backing into the street specifically prohibited;
(6) If the proposed use will be located within or adjacent to any residential district, then the structure shall remain or shall be constructed so that the exterior design and ornamentation is residential in character and compatible with the immediate neighborhood, so that there is no evidence from the street that the use is other than residential (except for the sign);
(7) In Residential Zones (R-1, R-2 and R-3) child day cares as home occupations shall be limited to three to six children and shall require a conditional use permit under § 156.071(C); and
(Ord. 2024-004, passed 12-23-2024)
§ 156.058 PLANNED UNIT DEVELOPMENT REGULATIONS.
A planned-development project may be allowed in those zoning districts where it is designated as a permitted use under the zoning district regulations. (A minimum of three acres is required for a planned-development project). A planned-development project may depart from literal conformance with individual lot dimension and area regulations. A planned-development project may be under single or divided ownership. All planned-development projects shall be subject to the following regulations.
(A) Procedure. When a planned-development project is proposed, the procedure for subdivision approval as set forth in the subdivision regulations shall be followed in its entirety even though the ownership of land may not be divided. A preliminary plat and final plat, both approved by the Planning Commission shall be required for every planned-development project. The Planning Commission may establish a schedule of reasonable fees to be charged for plat review. The project shall be developed according to the approved final plat. Zoning permits and certificates of occupancy shall be required for each building according to this chapter.
(B) Uses and densities. The uses of premises and development densities in a planned-development project shall conform with the permitted uses and densities of the zoning district in which it is located.
(C) Standards. In any planned-development project, although it is permissible to depart from literal conformance with the individual lot dimension and area regulations, there shall be no diminution of total-equivalent-lot-area, parking area and loading/unloading area requirement that would be necessary for the equivalent amount of individual lot development with one exception; the Planning Commission may allow reductions in these requirements if the developer can satisfactorily prove that large-scale development may permit such reductions without destroying the intent of these regulations.
(D) Special conditions. The Planning Commission shall attach reasonable special conditions to ensure that there shall be no departure from the intent of this chapter. The planned-development project shall conform with all such conditions. Because a planned-development project is inherently more complex than individual-lot development and because each such project must be tailored to the topography and neighboring uses, the standards for such projects cannot be inflexible. The Planning Commission shall attach special conditions based on all of the following standards in addition to imposing the standards for total area, parking area and loading/unloading area defined in division (C) above. The Planning Commission may also attach any other reasonable special conditions.
(1) It is desirable that access points to all arterial streets shall be located no more frequently than one every eighth to quarter mile. The Planning Commission may approve the platting of temporary access points.
(2) Wherever there is an abrupt change in uses, such as, residential to commercial, it is desirable that a buffer area of open space or protective planting be placed between them which will protect each use from the undesirable effects on the other.
(3) Parking and other areas used by the public at night shall be adequately lighted, and private areas shall be adequately protected from such lighting and any other lighting from public areas. Public streets may also require protection from excessive glare of lighted areas.
(Ord. 2024-004, passed 12-23-2024)