Washburn City Zoning Code

DISTRICTS

§ 152.045 R - RESIDENTIAL DISTRICT.

(A) Permitted uses. Within the R - Residential District, the following uses are permitted:

(1) Dwellings: one-family, two-family;

(2) Public parks, playgrounds;

(3) Conversion of any existing building to a permitted use;

(4) Agricultural uses as permitted in § 152.048(A); and

(5) Customary accessory uses including, in particular: home occupations; advertising the sale or rental of the land or buildings upon which it is located; a nameplate not exceeding two square feet in area; which may include reference to a home occupation conducted on the premises. No accessory building shall be used for residence purposes unless it meets the front, rear, and side yard requirements of a principal building, and the maximum permitted density is not exceeded.

(B) Regulations and standards.

(1) Minimum lot size. Each zoning lot shall have an area of at least 9,000 square feet, a lot width of at least 75 feet, and a lot depth of at least 100 feet.

(2) Maximum density. The number of dwelling units per lot shall not exceed the lot area in square feet divided by 2,250 square feet. Fractional dwelling units resulting from this computation shall not be counted nor rounded upward to the next higher whole number.

(3) Maximum coverage. The amount of the total lot area which may be covered by all principal and accessory buildings shall not exceed 30%.

(4) Required yards. On every interior lot, a front yard, a rear yard, and two side yards are required. On every corner lot, a front yard for each lot side abutting a street, a side yard, and a rear yard are required. In the case where a lot abuts three streets, three front yards and a side yard are required. Yard dimensions shall be equal to or greater than the following.

(a) Front yard depth where a lot abuts a major street, as designated on the zoning map, shall be 70 feet from the centerline of such right-of-way, but not less than 30 feet from the right-of-way line. Where a lot abuts a collector or a minor street as designated on the zoning map, the minimum depth of a front yard shall be 55 feet from the centerline but not less than 25 feet from the right-of-way line. If the building is to be constructed in an established block where there are existing buildings, the yard depth shall be the average of the yard depths of two buildings, one on either side.

(b) Side yard width shall be ten feet or greater. No accessory buildings shall project into the required side yard space.

(c) Rear yard depth shall be not less than 25 feet. Accessory buildings may be erected in a rear yard, provided they are located at least three feet from the rear or side lot lines, and provided further that the maximum lot coverage is not exceeded.

(5) Maximum building height. Except as provided in § 152.029, no principal building shall exceed 30 feet in height, and no accessory building shall exceed 15 feet in height.

(6) Off-street parking space. All uses shall be provided with off-street parking spaces according to the following schedule:

(a) Dwelling units. One off-street parking space per unit, such parking spaces shall be located on the same lot or tract as the dwelling unit served; and

(b) Other permitted uses. One off-street parking space per person normally employed on the lot or tract of land. Any such off-street parking space or spaces located in the R - Residential District shall not be located in the required front yard, nor more than 150 feet from such lot served.

(1977 Code, § 5-4) (Ord. passed 9-12-1966)

§ 152.046 C - COMMERCIAL DISTRICT.

(A) Permitted uses. The Commercial District is intended to provide space for those retail business, service business, and office uses serving the village area. Within the Commercial District, the following uses are permitted:

(1) Retail stores and shops;

(2) Banks, post office, medical or dental clinics, and business or professional offices;

(3) Service-type business, such as barber shop, beauty parlor, laundromat, music, dancing, art or photography studio, servicing or repair of home appliances or farm equipment, and similar uses;

(4) Automobile service stations and public garages, new or used car sales areas, new or used farm equipment sales areas, but not including the storage of wrecked vehicles or farm equipment;

(5) Hotel, motel, boarding or lodging houses, and dwelling units located on the same lot with such a permitted use;

(6) Clubs, lodges, public meeting halls, theaters, bowling alleys, and similar places of assembly or recreation;

(7) Customary accessory uses located on the same or adjacent lot with a permitted use. Signs advertising a business, service, or product available on the premises shall be permitted; provided the total area of such signs shall not exceed two times the lineal feet of frontage of the zoning lot; and

(8) Agricultural uses as permitted in § 152.048(A).

(B) Regulations and standards.

(1) Minimum lot size. None specified.

(2) Maximum coverage. The amount of the total lot area which may be covered by all principal and accessory buildings shall not exceed 50%.

(3) Required yards. On every lot in the Commercial District, yards shall be required as follows:

(a) Interior lot. A front yard and rear yard; and

(b) Corner lot. A front yard for each lot side abutting a street and a side yard. Yard dimensions shall be equal to or greater than the following:

1. Front yard depth where a lot abuts a major street, as designated on the zoning map, shall be 70 feet from the centerline of such right-of-way, but not less than 30 feet from the right-of-way line. Where a lot abuts a collector or a minor street as designated on the zoning map, the minimum depth of a front yard shall be 55 feet from the centerline, but not less than 25 feet from the right-of-way line. If the building is to be constructed in an established block where there are existing buildings, the yard depth shall be the average of the yard depths of two buildings, one on either side;

2. Side yard where required, ten feet; and

3. Rear yard depth shall not be less than 20 feet.

(4) Maximum building height. Except as provided in § 152.029, no principal building shall exceed 30 feet in height, and no accessory building shall exceed 15 feet in height.

(5) Off-street parking space. Off-street parking spaces shall be provided as follows:

(a) One off-street parking space shall be provided per dwelling unit or lodging unit on the same lot or tract of land of such dwelling unit or lodging unit served; and

(b) One off-street parking space per person, normally employed on the lot or tract of land.

(1977 Code, § 5-5) (Ord. passed 9-12-1966)

§ 152.047 I - INDUSTRIAL DISTRICT.

(A) Permitted uses. Within the Industrial District the following are permitted:

(1) Grain storage, feed mills, and fertilizer storage and processing, excluding liquid fertilizer;

(2) Wholesale, storage, and warehouse facilities, except those specifically prohibited;

(3) Railroad yards, siding and switching facilities, and public utilities;

(4) Fuel storage, lumber yards, building material storage yard, or similar storage yards, but not including salvage or junk yards;

(5) The manufacture or processing of goods or products;

(6) Customary accessory uses;

(7) Signs; provided that the gross area of signs shall not exceed six times the lineal feet of frontage of the lot on which such signs are located; and

(8) Those uses permitted in the Agricultural District, § 152.048(A), subject to the regulations as stated in § 152.048(B).

(B) Regulations and standards.

(1) Minimum lot size. None specified.

(2) Maximum coverage. The amount of the total lot area which may be covered by all principal and accessory buildings shall not exceed 50%.

(1) Interior lot. A front yard, two side yards, and a rear yard;

(2) Corner lot. A front yard on each lot line abutting a street, a side and a rear yard, except in the case where three lot sides abut a street, there shall be required, in addition to three front yards, a side yard;

(3) Front yard. Front yard depth where a lot abuts a major street, as designated on the zoning map, shall be 70 feet from the centerline of such right-of-way, but not less than 30 feet from the right-of-way line. Where a lot abuts a collector or minor street, as designated on the zoning map, the minimum depth 55 feet from the centerline, but not less than 25 feet from the right-of-way line. If the building is to be constructed in an established block where there are existing buildings, the yard depth shall be the average of the yard depths of two buildings, one on either side;

(4) Side yard. Side yard width shall be ten feet or greater. No accessory buildings shall project into the required side yard space;

(5) Rear yard. Rear yard depth shall not be less than 20 feet. Within the required yards, or in addition thereto, there shall be sufficient space for the loading and unloading of motor vehicles off the street; and

(6) Buffer. Where a lot abuts a lot in a residential district, there shall be provided along such lot line a suitable buffer of plant materials, fencing, or a combination of both, to shield the residential area from the industrial area. Where the transition from the industrial district to the residential district is a public street, the front yard in the industrial district shall be suitably landscaped.

(D) Construction. Any permitted use shall be so constructed and operated as to create no nuisance with respect to noise, vibration, emission of smoke or particulate matter; toxic, noxious, or odorous matter; glare and heat; or as to create fire or explosive hazards. For the purpose of this chapter, the performance standards as to noise, smoke and particulate matter, and fire and explosive hazards as set forth in the Woodford County Zoning Ordinance shall be used as a guide.

(E) Off-street parking space. Off-street parking shall be provided as follows:

(1) One off-street parking space per person normally employed on the lot or tract of land; and

(2) One off-street parking space for each truck or other vehicle incidental to the use of such lot or tract of land.

(1977 Code, § 5-6) (Ord. passed 9-12-1966)

§ 152.048 A - AGRICULTURAL DISTRICT.

(A) Permitted uses. Within the Agricultural District the following uses are permitted:

(1) The growing, harvesting, and storing of crops, including legume, hay, grain, fruit, and truck or vegetable crops, floriculture, horticulture, mushroom growing, nurseries, orchards, forestry, and greenhouses;

(2) Farm dwellings occupied by farm owners, operators, tenants, or seasonal or year-round hired farm workers;

(3) Farm buildings used for growing, harvesting, and preparing crop products for market or for use on the farm, or for storing and protecting farm machinery and equipment from the elements;

(4) One-family dwellings; provided that the minimum lot area for each dwelling unit is five acres; § 152.045(B)(5) and (B)(6) shall apply; and

(5) The keeping, raising, or feeding of beef cattle, sheep, goats, horses, ponies, mules, donkeys, and/or poultry.

(B) Regulations and standards.

(1) Minimum lot size. Five acres.

(2) Required yards and open space. The following setback line regulations and standards shall apply to all structures, except as are permitted in yards:

(a) Front yards.

1. Where the lots abut a major street, as designated on the zoning map, the minimum setback shall be 150 feet from the centerline of such right-of-way, but not less than 60 feet from the right-of-way line; and

2. Where the lot abuts a collector or a minor street, as designated on the zoning map, the minimum setback line shall be 100 feet as measured from the centerline of such right-of-way, but not less than 60 feet from the right-of-way line.

(b) Side yard. Minimum 30 feet, and for each additional story above the first two stories, add ten feet.

(d) Floodwater restrictions. Notwithstanding the above minimum yard requirements, no building or structure shall be placed closer than 50 feet to the centerline of Snag Creek, unless the applicant can show that closer placement will not restrict or impede the passage of floodwater.

(e) Livestock. Structures used for the housing of livestock or poultry shall not be located closer than 125 feet to any adjoining property line designated on the zoning map as a Residential District.

(1) The maximum number of animals shall not exceed:

(a) Livestock: one animal per acre of fenced pasture; and

(b) Poultry: four animals per acre of fenced pasture.

(2) At no point on the property line of the property used for the keeping, raising, or feeding of livestock or poultry shall any noise, smoke and particulate matter, vibrations, toxic or noxious matter, odors, vapors, or gases of such use be objectionable to the occupant of any adjacent property.

(1977 Code, § 5-7) (Ord. passed 9-12-1966; Ord. passed 2-10-1992)

§ 152.049 SPECIAL USES.

(A) Definition. A SPECIAL USE is a use which is necessary or desirable for the public welfare, but which is potentially incompatible with the uses normally permitted in the zoning district established herein. It is hereby declared the policy and purpose of this chapter to employ the special use as a flexible means of permitting certain exceptions to the districts established and the rules and regulations adopted herein, in cases where the public benefit of such uses outweighs the potential harm, and under such conditions imposed as are necessary to protect the public health, safety, and welfare and individual property rights.

(B) Authorizing special use permits. Special use permits may be authorized by the Zoning Board in accordance with the procedure set forth in § 152.069, when it appears:

(1) That it is reasonably necessary for the public convenience at that location;

(2) That it is so designed, located, and proposed as to be operated so that it will not be injurious to the district in which it shall be located or otherwise detrimental to the public welfare;

(3) That it conforms to the applicable regulations and standards of, and preserves the essential character of, the district in which it shall be located; and

(4) That in the case of an existing nonconforming use, will make such use more compatible with its surroundings.

(1) Multi-family dwellings in the R - Residential District, subject to § 152.045(B);

(2) The keeping, raising, or feeding of livestock or poultry, including dairying, poultry, swine, sheep, goats, beef cattle, pony and horse productions, fur farms or beekeeping or such structures for housing livestock, poultry, or bees or for preparing livestock or poultry products for market in all districts, subject to the following standards:

(a) At no point on the lot line of such special use shall any noise, smoke and particulate matter, vibrations, toxic or noxious matter, odors, vapors, or gases of such use be objectionable to the occupant of any adjacent property; and

(b) No such special use shall discharge into any drainage channel or watercourse material which would contaminate or make undesirable any lands or waters outside of the lot.

(3) Electric and/or gas substations, public waterworks and appurtenant structures, telephone exchanges, police stations, fire stations, and governmental administration buildings in all districts;

(4) Trailer coaches and trailer coach parks:

(a) Trailer coaches or individual lots outside of a trailer coach park in the R - Residential and A - Agricultural Districts, subject to the regulations of the district; and

(b) Trailer coach parks in the R - Residential and A - Agricultural Districts, subject to regulations of the district and the following:

1. Applicant shall submit a license by appropriate authority;

2. The applicant shall submit plans and specifications for the proposed trailer coach park, the site shall not contain less than three acres, have not less than 15 trailer coach spaces at first occupancy, and have no more than ten trailer coach spaces per gross acre, the minimum size of all spaces shall be not less than 3,000 square feet;

3. All trailer coach spaces shall be provided with a sanitary sewer system and public water system;

4. Each trailer coach space shall be provided with one off-street automobile parking space; and

5. Each trailer coach park shall be limited to providing no more than one sign per public road entrance of not more than eight square feet in size.

(5) Churches or similar places of worship, parish houses, Sunday schools, rectory or parsonage, in the R - Residential, A - Agricultural, and C - Commercial Districts;

(6) Public, parochial, or private schools (which may include a convent or teacherage) in the R - Residential and A - Agricultural Districts;

(7) Public libraries, museums, art galleries, community centers in the R - Residential, C - Commercial, and A - Agricultural Districts;

(8) Hospitals, nursing homes, doctors clinics, veterinary clinics in the R - Residential, C - Commercial, and A - Agricultural Districts;

(9) Clubs, private clubs, private lodges, country clubs, and golf courses in the R - Residential and A - Agricultural Districts;

(10) Cemeteries in the R - Residential and A - Agricultural Districts;

(11) Junk yards and salvage yards in the I - Industrial District; provided, they shall be enclosed on all sides by a solid fence, wall, or hedge at least eight feet in height;

(12) Topsoil removal in all districts;

(13) Sewage treatment plants in the A - Agricultural and I - Industrial Districts;

(14) Beauty shops and barber shops in the R - Residential District;

(15) Dwelling units in commercial buildings in the C - Commercial District;

(16) Auto repair and auto body shops, or combination thereof, in the R - Residential District; provided the following conditions exist:

(a) The business of auto repair or auto body shop shall be conducted in an enclosed building or structure;

(b) The owner of such auto repair business or auto body shop shall reside on the premises of the business;

(d) A special use permit issued for auto repair or auto body shop, or combination thereof, shall be issued annually and shall be reviewed for compliance by the Zoning Board annually from the date it was originally issued.

(D) Applicability of district regulations. In addition to any special conditions or restrictions prescribed by the Board, the yard and setback line regulations and standards of the district in which the special use is located shall apply.

(1977 Code, § 5-8) (Ord. passed 9-12-1966; Ord. passed 2-11-1991)

§ 152.050 NONCONFORMITIES.

(A) Enlargement/expansion. A nonconforming use of land, premise, or structure shall not be enlarged upon, expanded, or extended after the effective date hereof by the attachment of a structure, premises, or land, or additional signs intended to be seen off the premises or land, or by the addition of other uses of a nature which would be prohibited in the district involved.

(B) Nonconforming lots of record.

(1) In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory building may be erected on any lot which is a lot of record on the effective date hereof. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and other requirements not involving area or width, or both, of the lots shall conform to the regulations hereinafter provided.

(2) Yard regulations and standards for single nonconforming lots of record:

(a) Front yard. The front yard regulations and standards of the district in which such lot is located shall apply;

(b) Rear yard. The rear yard regulations and standards of the district in which such lot is located shall apply; and

1. On such lot with a width of 50 feet or more, two side yards shall be provided as required by the regulations and standards of the district in which such lot is located.

2. On such lot less than 50 feet, but not less than 27 feet in width, two side yards shall be provided, each equaling 10% of the lot width.

3. On such lot less than 27 feet but not less than 20 feet in width, the structure located on such lot shall have a width of not more than 90% of such lot width. Only one side yard need be provided, equaling in width the difference between the lot width and the maximum permitted width of the structure. No other side yard need be provided. The wall of any building facing the side of the lot on which no side yard is required shall be without openings and shall not be constructed as a common wall.

(C) Repairs and maintenance. On any structure devoted in whole or in part to any nonconforming use, or which itself is nonconforming, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, to an extent not to exceed 10% of the then current replacement value of the structure; provided that the volume of such building or the size of such structure as it existed at the effective date of adoption or amendment of this chapter shall not be increased. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

(D) Discontinuance. If a nonconforming use has ceased for a period of one year or more, it shall not be re-established unless the nonconforming use was in a building designed, arranged, or intended for such use, and which building does not reasonably lend itself to occupancy by a conforming use. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use.

(E) Partial destruction. If a nonconforming structure is destroyed by any means to an extent of more than 50% of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.

(1977 Code, § 5-9) (Ord. passed 9-12-1966)