This order shall be known and may be cited as "The Zoning Ordinance of the City of Wilmore, Kentucky." The zoning map referred to herein is entitled "The Zoning Map - Wilmore, Kentucky."

Effective on: 1/1/1901

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

Effective on: 1/1/1901

The power to enact this order is granted to this county under the authority of Kentucky Revised Statutes, Section 100.2001 (1966).

Effective on: 1/1/1901

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

Effective on: 1/1/1901

This Zoning Order shall be strictly construed and may not be extended by implication except where the intention of the Wilmore City Council must prevail. In their interpretation and application, the provisions of this order shall be held to be minimum requirements. Wherever this order imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or resolutions or orders, the provisions of this order shall govern.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

Except as herein otherwise provided, all existing and future structures and use of premises within the City of Wilmore shall conform with all applicable provisions of this order. Each zoning district is established to permit only those uses specifically listed as permitted, except as hereinafter provided under the non-conforming provisions, and is intended for the protection of those uses. No other uses shall be permitted.

Effective on: 1/1/1901

For the purpose of these regulations certain terms, phrases, words and their derivatives are defined as follows. Words used in the present tense include the future; words in the singular include the plural and the plural the singular. The word "building" includes the word "structure'; the word "shall" is mandatory and not directory.

 

The following definitions are intended to assist in understanding the sections of this ordinance dealing with floodplain zoning.

ACCESSORY STRUCTURE SUBORDINATE: A structure incidental to the principal structure on the lot. Unattached garages are deemed accessory structures.

Effective on: 1/1/1901

ACCESSORY USE: A use incidental to a principal use of a lot or building. In buildings restricted to residential use, professional offices, studios or customary incidental home occupations conducted within the principal building but only by a person resident in the dwelling, provided, no more than one person is employed regularly and that not more than twenty-five (25) percent of the total floor area in any dwelling unit is devoted to such use. For the purpose of advertising such use, small signs may be used under the conditions set out in Article III, Section 4.3. No displays or changes in fronts shall indicate from the exterior that the building is being utilized in whole or in part for any purpose other than a dwelling.

Effective on: 1/1/1901

ADMINISTRATIVE OFFICIAL: Any department, employee, or advisory elected or appointed body which is authorized to administer any provision of this order, any subdivision regulation, any other housing or building regulation or any other land use control regulation.

Effective on: 1/1/1901

AGE RESTRICTED DEVELOPMENT: A development restricting residential use to persons sixty (60) years of age or older or families where one spouse is sixty (60) years of age or older, or any person under sixty years of age who is handicapped such that his/her physical impairment is of a long term duration and impedes his/her ability to live independently.

Effective on: 1/1/1901

ALLEY: Any public or private way set aside for public travel, less than twenty (20) feet in width.

Effective on: 1/1/1901

ALTERATION: Any change in the supporting members of a building or structure (such as bearing walls, columns, or girders), any addition or reduction to a building or structure, any change in use, or any relocation of a building or structure from one location to another.

Effective on: 1/1/1901

BOARD: The Joint Board of Adjustment unless the context indicates otherwise.

Effective on: 1/1/1901

BOARDING HOUSE: A building other than a hotel where for compensation and by prearrangement for a definite period, meals or lodging and meals are provided for three (3) or more persons, but not exceeding twenty (20) persons.

Effective on: 1/1/1901

BUFFER STRIP: A strip of land not less than fifteen (15) feet wide, planted and maintained as follows: Evergreen trees with an upright form spaced not less than fifteen (15) feet on center within the entire strip of land.

Evergreen shrubs with an upright to spreading form spaced not less than seven and one-half (7 ½) feet on center within the entire strip.

Effective on: 1/1/1901

BUILDING HEIGHT: The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and the mean height between eaves and ridge for gable, hip and gambrel roofs.

Effective on: 1/1/1901

BUILDING PERMIT: An official document or certification that is issued by the County or City Building Inspector before a project is started and which authorizes the installation, construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, or moving of a building or structure on a specific lot. The permit will acknowledge that such use or building complies with the provisions of the Zoning Ordinance of Jessamine County (or the City of Wilmore Zoning Regulation), and the Kentucky Building or Residential Code, or any authorized variance therefrom.

Effective on: 1/1/1901

CITIZEN MEMBER: Any member of the Planning Commission or Board of Adjustment who is not an elected or appointed official or employee of the City or County.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

CONDITIONAL USE PERMIT: Legal authorization to undertake a conditional use, issued by the administrative official pursuant to authorization by the Board of Adjustment, consisting of two parts; (a) A statement of the factual determination by the Board of Adjustment which justifies the issuance of the permit; and (b) A statement of the specific conditions which must be met in order for the use to be permitted.

Effective on: 1/1/1901

DEVELOPMENT PLAN: The written and graphic material for the provision of a development, including any or all of the following as they apply to the type of use requested or existing; the maximum number of individual lots to be developed, those uses, in the zone requested, which the applicant will utilize, drainage of surface water, access points, existing man-made and natural conditions which shall include major topographic features of the applicant property with contour lines at five (5) feet intervals, streams, springs, major vegetation, soil characteristics, soil types and all other conditions agreed to by the applicant.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

DISTRICT: An area or areas of the City as shown on the official zoning map which is an integral part of this ordinance, and to which the regulations of this ordinance apply. The word "zone" shall mean the same as "district".

Effective on: 1/1/1901

DWELLING AND DWELLING UNIT: A dwelling is a building providing shelter, sanitation, and the amenities for permanent habitation. It does not include mobile homes, temporary lodging, or sleeping rooms. A dwelling unit means the dwelling accommodations designed for one individual or family unit maintaining separate and independent housekeeping.

Effective on: 1/1/1901

FARM: A place on which agricultural operations are conducted at any time. Places of less than ten (10) acres are counted as farms only if their estimated gross sales of agricultural products for the year amounted or normally would amount to at least $600.

Effective on: 1/1/1901

FAMILY: One or more persons occupying a premise and living as a single non-profit housekeeping unit, but not including a group of persons living together because of similar occupational status such as fraternities or nurses' homes.

Effective on: 1/1/1901

FULL CUTOFF (FCO): A light fixture which cuts off all upward transmission of light.

Effective on: 1/1/1901

GLARE: Discomfort experienced by an observer with a direct line of sight to a light source. Intense and distracting light.

Effective on: 1/1/1901

HOME OCCUPATION: An occupation carried on in a dwelling unit or other structure accessory to a dwelling unit by a member or members of the bonafide residents of the dwelling and which is clearly incidental and secondary to the use of the dwelling unit for residential purposes.

1. No person other than members of the family residing on the premises shall be engaged in such operation.
2. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation.
3. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding four (4) square feet in area, non-illuminated, and mounted flat against the wall of the principal building. There shall be no evidence of a home occupation visible from or kept on the outside of the dwelling, accessory building or premises on which the home occupation is conducted, except a sign.
4. No more than 600 square feet of the dwelling unit or accessory building or total combination of both units may be used for home occupational purposes.
5. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.
6. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or television receivers off the premises, or cause fluctuations in line voltage off the premises.

Effective on: 1/1/1901

JUNKYARD: A lot, land or structure, or part thereof used primarily for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and/or for sale of parts thereof.

Effective on: 1/1/1901

LIGHT TRESPASS: Excess light projected onto a property from a fixture not located on that property. Spill light. Obtrusive light.

Effective on: 1/1/1901

LOT: A parcel of land under one ownership devoted to a common use or occupied by a single principal building plus accessory structures.

Effective on: 1/1/1901

LOT, CORNER: A lot located at the intersection of two or more streets.

Effective on: 1/1/1901

LOT, DOUBLE-FRONTAGE: Any lot other than a corner lot which abuts on two streets.

Effective on: 1/1/1901

LOT LINE: The boundary dividing a lot from a right-of-way, adjoining lot, or other adjoining tract of land.

Effective on: 1/1/1901

MOBILE HOME: Any vehicle or similar portable structure having been constructed with wheels (whether or not such wheels have been removed) and so designed or constructed as to permit occupancy for dwelling or sleeping purposes.

Effective on: 1/1/1901

MOBILE HOME PARK: Land designed for the accommodation of mobile homes.

Effective on: 1/1/1901

MOBILE HOME SPACE: A plot of ground within a mobile home park designed for the accommodation of one mobile home.

Effective on: 1/1/1901

MOBILE HOME SUBDIVISION: A tract of land where spaces are purchased for mobile homes, subject to the provisions of the subdivision regulations and ordinances.

Effective on: 1/1/1901

MODULAR HOME: A type of construction consisting of two or more large sections, each of which must be transported to the site separately. It cannot be moved as a single unit. The heating unit system is installed and siding applied after the home has been erected. It is transported in pieces, and when erected appears to be a conventional home. It will not be classified as a mobile home, provided it is placed on a permanent continuously enclosed block foundation.

Effective on: 1/1/1901

NON-CONFORMING USE OR STRUCTURE: An activity or a building sign, structure or a portion thereof which lawfully existed before the adoption or amendment of the zoning regulation, but which does not conform to all of the regulations contained in the zoning regulation which pertain to the zone in which it is located.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

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

Effective on: 1/1/1901

PLANNING UNIT: Any city or county, or any combination of cities, counties, or parts of counties engaged in planning operations.

Effective on: 1/1/1901

PLAT: The map of a subdivision.

Effective on: 1/1/1901

POLITICAL SUBDIVISION: Any city or county.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

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

Effective on: 1/1/1901

RETIREMENT COMMUNITY: Any age restricted development, with a minimum of twelve (12) dwelling units, which may be detached and attached dwelling units, apartments, continuing care/congregate care facilities, assisted living facilities, nursing homes, rest homes and service support areas required for the development such as recreation, health, dining, housekeeping, social and transportation facilities.

Effective on: 1/1/1901

SET-BACK LINE: The distance required by these regulations to be maintained between a given lot line and any structure - front, rear, or side, as specified.

Effective on: 1/1/1901

SHORT TERM RENTAL: A dwelling unit or portion of a dwelling unit that is rented, leased or otherwise assigned for a tenancy of less than 30 consecutive days. This term does not include:

a. hotel or motel rooms,
b. extended stay lodging facilities, or
c. bed and breakfast establishments.

This may include renting a portion of a dwelling while the resident is present. Short-term rentals
include the following arrangements:

a. Hosted Home Sharing, where the primary occupant(s) of the residence remains in the
dwelling with the guests;
b. Un-hosted Home Sharing, where the primary occupant(s) of the residence vacates the
dwelling while it is rented to guests; and
c. Dedicated Short Term Rentals, where there is not a primary occupant of the dwelling and
it is only used by guests.

Any short-term rental advertising in excess of ten (10) days in a calendar year shall fall under the
following Planning and Zoning ordinances:

(1) Short-Term Rental establishments shall be required to meet residential fire and building
codes;

(2) The use shall be in compliance with all other applicable federal, state and local laws,
including the Jessamine County District Health Department Rules and Regulations.

(3) The Board of Adjustment, in considering approval of a Conditional Use Permit, when
required in a given zone, shall make a finding that the number of rooms granted shall not
have adverse effect on surrounding properties. Any restrictions or covenants on the plat
and/or the Deed of Restriction, or otherwise in the chain of title, for the property under
consideration shall be provided by the applicant and shall be taken into consideration by
the Board of Adjustment. In addition, the Board of Adjustment shall take into
consideration the number of Short-Term Rental facilities, if any, within the general
neighborhood of the property being considered for such use.

(4) A Change of Use Zoning Permit is required prior to commencement of the business. In
zones where a Conditional Use Permit is required, the Conditional Use Permit will take
the place of a Change of Use Zoning Permit. All Short-Term Rental establishments shall
be required to list the short-term rental number assigned by the Planning Commission on
all advertisements and on all home-sharing platforms.

a. Applicant must register with the Occupational Tax Office before a permit will be
issued.

(5) All short-term rental hosts must submit an annual registration form to the Jessamine
County-City of Wilmore Joint Planning and Zoning Office. Each registrant shall annually
submit a regulatory license fee as defined in the Fee Schedule for each short-term rental
unit.

a. Applicant must provide Planning Commission Staff with a copy of their current
Business Certificate issued by the Occupational Tax Office on an annual basis.

(6) The maximum number of persons residing in the short-term rental shall not exceed two
times the number of bedrooms plus four individuals.

(7) Each room shall be rented for no longer than 30 days

(8) The use shall not adversely affect the uses permitted in the area and in the immediate
neighborhood by excessive traffic generation, noise and light;

(9) One off street parking space shall be required for each guest room available for rent;

(10) Each Short Term Rental establishment shall be limited to the following number of
bedrooms: 5

(11) Guestroom accommodations must occur on the 2nd floor or higher in B-1, B-2, B-3 &
P-1 zones. Applicant may seek a waiver of this requirement from the Board of
Adjustment.

(12) The Board of Adjustment may impose any additional restrictions deemed necessary to
lessen impact of Short-Term Rental on surrounding area.

(13) Accessory Structures, recreational vehicles, and/or mobile homes may not be used for
Short-Term Rental accommodations. There shall be no exception from this requirement.

(14) Guests shall not utilize Short-Term Rentals for private or commercial special events in
which the number of participants exceeds the maximum occupancy limit, such as parties,
weddings, concerts, or the like.

 

Effective on: 1/1/1901

SIGN: Any word, lettering, parts of letters, figures, numbers, phrases, sentences, emblems, devices, (including loud speakers) designs, pictures, trade names or trademarks by which anything is made known, such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, a service, a commodity or a product, which is visible from any public street or right-of-way and designed to attract attention. The term "sign" shall not include the flag, pennant or insignia of any nation, state, city or other political unit, or of any political, educational, charitable, philanthropic, civic, professional, religious, or like society, campaign, drive, movement or event.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

SUBDIVISION: The division of a parcel of land into two or more lots or parcels for the purpose, whether immediate or future, of sale, lease, of building development, or if a new street is involved, any division of a parcel of land; providing that a division of land for agricultural purposes into lots or parcels of five acres or more and not involving a new street shall not be deemed a subdivision. The term includes re-subdivision and when appropriate to the context, shall relate to the process of subdivision or to the land subdivided.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

USE: Use broadly refers to the activities which take place on any land or premises and also refers to the structure located thereon and designed for those activities.

Effective on: 1/1/1901

VARIANCE: A departure from the dimensional terms of the zoning regulation pertaining to the height, width, length or location of structures, and the size of yards and open spaces where such departure meets the requirements of KRS100.241 to 100.247.

Effective on: 1/1/1901

VISITOR ACCOMMODATION FACILITY: Any single family dwelling that is made available for use or used for pre-arranged accommodations or lodging of guests paying a fee or other compensation for a period of less than thirty (30) consecutive days. The facility must be rented in its entirety and individual bedrooms cannot be rented separately. There will be no change to the outside appearance of the building or premise and no evidence of the use other than one (1) sign, not exceeding four (4) square feet in area, non-illuminated and mounted flat against the wall of the principal building, and the use shall:

1. 1.
   Be directly operated by the property owner. The property owner shall maintain contact information within the premises and with adjacent neighbors and be responsible at all times for the care and use of the facility.
2. 2.
   Be limited to two (2) guests per bedroom (minimum of one hundred twenty (120) square feet, with a closet and full bathroom accessible directly or through a hallway) plus two (2) people; or one (1) person for every two hundred fifty (250) square feet of gross heated floor area in the entire house, whichever is greater, with children under the age of three (3) years old not counted.
3. 3.
   Be limited to a maximum of two (2) cars or one (1) car for every 2.5 people allowed under the maximum occupancy whichever is greater.
4. 4.
   Generate no traffic in greater volumes than would normally be expected in a residential neighborhood, and
5. 5.
   Comply with, and physically post within the premises, all local nuisance ordinances and Conditional Use Conditions including noise, trash, lighting, parking, hours of operation, etc.

Effective on: 1/1/1901

YARD: A space on the same lot with a principal building, open, unoccupied and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings and structures are expressly permitted.

Effective on: 1/1/1901

YARD, FRONT: A yard situated between the front building line and the front line extending the full width of the lot.

Effective on: 1/1/1901

YARD, REAR: A yard situated between the rear building line and the rear lot line and extending the full width of the lot.

Effective on: 1/1/1901

YARD, SIDE: A yard situated between a side building line and a side lot line and extending from the front yard to the rear yard.

Effective on: 1/1/1901

ZONE OR DISTRICT: An established area within the community in which certain specified portions of the provisions of these regulations are specifically applicable.

 

SECTION 1.8 (full cutoff, glare, light trespass) ADOPTED NOVEMBER 21, 2005

SECTION 1.8 (visitor accommodation facility) ADOPTED JUNE 4, 2012

SECTION 1.8 (building height, building permit, variance) ADOPTED MARCH 18, 2013

Effective on: 1/1/1901

Channel: A perceptible watercourse, with a definite bed and banks which confine and conduct the normal flow of water. Channel flow pertains to that water which is flowing within the limits of the defined channel.

Effective on: 1/1/1901

Flood: A temporary rise in stream flow that results in water overtopping its banks and inundating areas that are adjacent to the channel.

Effective on: 1/1/1901

Flood Plain or Flood Hazard Area: The channel and the land adjacent thereto which has been, or may be hereafter, covered by flood water; including, but not limited to, the regulatory flood.

Effective on: 1/1/1901

General Flood Plain District (GFP): Primarily includes the area defined as the Flood Plain or Flood Hazard Area; and, with proper hydrologic studies, may be further subdivided into a floodway and flood fringe as defined in the following:

Effective on: 1/1/1901

Floodway - The channel of a stream and those portions of the flood plain adjoining the channel that are required to carry and discharge the flood water within designated heights and velocities; including, but not limited to, flood flows associated with the regulatory flood. The floodway is intended to carry the deep and fast moving flood water, and the two principal factors in its determination are the selection of the flood discharge and the permitted increase in flood heights.

Effective on: 1/1/1901

Flood Fringe - The portion of the flood plain beyond the limits of the floodway. Flood waters in this area usually are shallow and slow moving. A wider range of development (filling, buildings, and other structures) is permitted in this area, provided that it is protected from the waters of the regulatory flood level. This development, of course, tends to reduce flood water storage capability and somewhat increases flood height, but these undesirable effects must be weighed against the economic losses to landowners and the community if development is completely prohibited.

Effective on: 1/1/1901

Flood Discharge - Is the quantity of water flowing down a stream valley as a result of runoff from rainfall, snow melt, or a combination of both. The volume of water passing any point along a stream usually is measured in cubic feet per second, (c.f.s.), gallons per minute (g.p.m.), or million gallons per day (m.g.d.). One c.f.s. equals 694 g.p.m.

Effective on: 1/1/1901

Flood Frequency: Floods along a single stream are commonly compared in terms of their frequency of occurrence. For example, a flood may be referred to as a 50-year frequency flood, which means that it has a probability of occurring once every fifty years, or two percent probability of occurring in any one given year. This flood, of course, may actually occur only once in a 50-year period or it may happen more or less frequently. Although flood discharge increases as the return period lengthens, the discharge of a 100-year flood is not simply twice that of a 50-year flood. This is dependent upon the hydrologic characteristics of the watercourse.

Effective on: 1/1/1901

Flood Profile: A graph of longitudinal profile showing the height of the flood discharge measured at points along the watercourse, generally in feet above mean sea level. The profile elevations are used to determine the exact limits of the flood plain in the field, to solve mapping disputes, to specify flood-proofing levels for construction, and to determine the degree of non-conformity of existing structures. There is a different flood profile for every size of flood discharge. Even identical flood discharges, occurring at different time periods on the same watercourse, can result in different flood profiles because of physical changes within the watershed, such as vegetation growth or reduction, addition of new structures, etc.

Effective on: 1/1/1901

Flood Proofing: A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures, and contents of buildings in a flood-hazard area.

Effective on: 1/1/1901

Obstruction: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood-hazard area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.

Effective on: 1/1/1901

Reach: A means of dividing the length of a stream into sections, with the word "Reach" denoting a longitudinal stream segment, with the beginning and ending points of each reach often being a tributary branch, bridges, culverts, or other characteristics.

Effective on: 1/1/1901

Regulatory Flood: For purposes of this ordinance, the regulatory flood shall be a flood of a 100-year frequency, and the regulatory flood protection elevation shall be one (1) foot above the water surface elevations of the regulatory flood. The 100-year flood frequency shall be the basis for determining the regulatory flood discharge, flood profile, flood protection elevation, floodway and flood fringe.

Effective on: 1/1/1901