1. No building, structure, or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with all of the regulations herein specified for the zone in which it is located. (See Article V Section 5.13)
2. No building or other structure shall hereafter be erected or altered:
   1. to exceed the height;
   2. to accommodate or house a greater number of families;
   3. to occupy a smaller lot area;
   4. to have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required, or in any manner contrary to the provisions of these regulations.
3. No part of a yard or other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with these regulations shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.
4. No yard or lot existing at the time of passage of these regulations shall be reduced in dimension or area below the minimum requirements set forth herein. Yards of lots created after the effective date of these regulations shall meet at least the minimum requirements established herein.

Effective on: 1/1/1901

SECTION 3.21 A (OUTDOOR LIGHTING) ADOPTED NOVEMBER 21, 2005

Such lands may have the following characteristics:

1. Serve as wildlife refuges
2. Possess great natural beauty or be of historical or geological significance
3. Are utilized for outdoor recreational purposes that provide needed open space for the health and general welfare
4. Are subject to periodic flooding

The regulations which apply within this district are designed to reserve such areas for the purposes outlined herein and to discourage any encroachment by residential, commercial, industrial or other uses capable of adversely affecting the natural or historical character of the district.

All lands depicted on the 1996 Wilmore future land use map as "EVENT/RETREAT" are eligible for re-zoning to this zone. Also eligible for re-zoning to RETREAT/CONFERENCE is land owned by the City of Wilmore, Jessamine County or other non-profit entities. The re-zoning of these lands to the RETREAT/CONFERENCE zone should be conditioned on the land's capability of being served by Wilmore's public wastewater treatment system and adequacy of water pressure for required fire protection for any proposed development.

All zoning map amendment requests in these designated areas must be accompanied by a detailed development plan which, in addition to the requirements of Section 6.13 of this Ordinance, shall clearly depict any significant waterways, wetlands, tree stands, scenic vistas and any historic site. No portion of any permanent structure or building may be closer than 500 feet to a current federal or state right-of-way. The currently adopted scenic corridor setbacks along US 68, KY 29 or any other area shall be reflected on the development plan.

Effective on: 1/1/1901

Effective on: 1/1/1901

SECTION 3.2212  AMENDED NOVEMBER 16, 2015

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

All lands depicted on the 1996 Wilmore Future Land Use map as "urban cluster" are eligible for rezoning to this zone provided that the land is annexed by the City of Wilmore, that the land is capable of being served by Wilmore's public wastewater treatment system, and that adequate water pressure is available to provide for required fire protection for the proposed development.

All zoning map amendment requests in these designated areas must be accompanied by a detailed development plan which, in addition to the requirements of Section 6.13 of this Ordinance, shall clearly depict any significant waterways, wetlands, tree stands, scenic vistas, and other historic sites which shall be identified for inclusion in the permanent green space area of the cluster. An effort shall be made to provide an interconnection between new road networks within these clusters and to provide an interconnection of the permanent green space areas of adjacent clusters. The development plan will include provisions for pedestrian/bikeways that will be proposed in such a way as to interconnect with adjacent proposed clusters. The development plan also needs to be sensitive to the rural nature of the transitional zone, particularly in respect to the types of street lighting, landscaping, and other design features proposed.

No lots in the proposed clusters may front on an existing arterial (i.e.: KY 29, US 68, Jessamine Station Road). All lots shall front on new public streets which comply with city standards. No lot may be closer than 200 feet to a current public right-of-way. The currently adopted scenic corridor setbacks along US 68 and KY 29 shall be reflected on the development plan.

Deed restrictions shall be submitted with the development plan which guarantee the homeowners association the first right of refusal if the current owner decides to sell the balance of the parent farm (the permanent green space area). Provisions shall also be made regarding the process the home owner's association shall utilize to determine if they want to purchase the permanent green space area.

1. Any use permitted in the R-1 residential zone.
2. Townhouses with the following limitations:
   1. Not more than six (6) single family townhouse units may be attached in one single structure in the R-1T Zone.
   2. Each individual townhouse unit shall be a minimum of eighteen (18) feet wide.
   3. Individual townhouse units shall have the following yard lot and setback requirements:
      1. Minimum lot size: 1800 square feet
      2. Minimum lot frontage: 18 feet, measured at the building setback line.
      3. Minimum front yard setback: 20 feet
      4. Minimum side yard setback: 10 feet for exterior units on attached townhouses. On each corner lot there shall be a side yard of not less than 20 feet on the side of the building nearest the street.
      5. Minimum rear yard setback: 25 feet
      6. There must be a break of 3 feet from the front yard setback at least every third unit within attached townhouses.
      7. Maximum lot coverage of 50%. Each single family residence in a townhouse development shall have a minimum floor area of not less than 1100 square feet for ½ of the development, and 1300 square feet for ½ of the development. The areas of garages, open porches, and basement shall not be included.
      8. Maximum density of 10 dwelling units per gross acre.
      9. Townhouses shall require approval according to the subdivision regulations.
      10. Off-street parking spaces for not less than two cars shall be provided for each townhouse and shall not be allowed within the minimum front yard of 20 feet. Garage space may be included in determining the off-street parking.
      11. No accessory building shall encroach on any required front yard. No accessory building on any corner lot shall encroach on any side yard adjacent to the street. Accessory buildings shall include, but not be limited to, play houses, storage buildings and garages. Accessory buildings shall not be used for dwellings. Accessory buildings other than garages and playhouses shall be attached to the townhouses.
      12. Townhouse units may be permitted to front on an interior space or access easement, with all maintenance provisions being borne by the property owner.
      13. A homeowners association shall be required for each townhouse development.
   4. Special Provisions:

All proposed townhouse developments shall require a detailed development plan to be submitted in conjunction with the zoning map amendment request. Such development plan shall include a landscaping and buffer plan for the proposed development. The landscape and buffer portion of the development plan shall include, in conformance with these requirements and in addition to the other requirements and in addition to the other requirements of this ordinance, the location and quantities of the proposed landscape material, including common and botanical names, installation size, and on-center planting dimensions where applicable.

All townhouse developments shall require the provision of property perimeter screening around the parent tract on which the townhouses are proposed. It shall provide for screening from all adjacent tracts, including those areas which may be located across a street. If the proposed development involves townhouses fronting on an existing public street, the landscaping along the front will be consistent with and/or compatible with other existing or proposed landscaping along the street. If the proposed development involves townhouses facing on an interior courtyard, common parking area, or other common open space, landscaping along the existing public street will provide screening of the development from the street.

Effective on: 1/1/1901

Effective on: 1/1/1901

1. Agricultural farming and buildings
2. Wildlife refuge and/or forest preserve, including one-family dwelling units of caretakers employed to maintain and protect the refuge or preserve

Effective on: 1/1/1901

1. Booster stations, radio and television relay towers, repeater stations, etc.
2. Public owned and/or operated park, open space, recreational facility or use, and the equipment necessary for servicing the users
3. Public or private picnic grounds, marinas and beaches, bridle and bicycle paths
4. Private camps or campgrounds
5. Supplemental uses such as public or private lodges, restaurants, gift shops, and/or other recreational facilities

Effective on: 1/1/1901

Effective on: 1/1/1901

1. Losses resulting from periodic flooding: The flood hazard areas of Kentucky are subject to periodic inundation, resulting in damage to, or loss of, life and property, health and safety hazards, disruption of commerce and governmental services, public expenditures for flood protection and relief, and impairment of the tax base. All of these adversely affect the public health, safety, and welfare.
2. General causes of periodic flooding: The general cause of the periodic flooding, and resulting losses, are:
   1. The cumulative effect of obstructions within flood hazard areas which intensify flood height and velocity;
   2. The occupancy of flood hazard areas by users vulnerable to flood damage, or by uses hazardous to other lands which are inadequately elevated or otherwise properly protected from flood damages;
   3. Increased storm water runoff from upstream areas as a result of natural ground cover being replaced by buildings, streets, parking lots, etc.
3. Flood Hazard Delineation: The method used for reasonably analyzing and delineating the flood hazard area is described in Section 3.274.

Effective on: 1/1/1901

1. Promote the public welfare by protecting human life and health, and minimizing public and private property damage.
2. Provide for public awareness of the flooding potential, and protect individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.
3. Minimize pollution of surface and ground water which could affect human, animal and plant life.
4. Control development which, acting alone or in combination with similar development, will create an unjustified demand for public investment in flood control improvements because uses vulnerable to floods, including public facilities, were not protected against flood damage at the time of initial construction; will create an additional burden to pay the costs of any relief measures such as rescue, pumping, dikes, storm sewers, etc.; and will create an additional burden to the public in terms of business interruptions, street closings, utility service disruptions, and other happenings which result in loss of safety, wages, sales, production, and government revenue.
5. Maintain a stable tax base by protecting flood prone areas from unwise development.

Effective on: 1/1/1901

1. Coverage: The lands to which this ordinance applies, and the establishment of regulatory flood protection elevations, shall be as follows:
   1. Land Coverage: This ordinance shall apply to all the land within the jurisdiction of the City of Wilmore, which is shown on the Official Zoning Map as being located within the boundaries of the general flood plain district.
   2. The regulatory flood protection elevation and subdivision of the general flood plain district into more precise flood control areas shall be as provided within later sections of this ordinance.
2. Establishment of Official Zoning Map: The Official Zoning Map, together with all explanatory matter thereon and attached hereto, is hereby adopted by reference and declared to be a part of this ordinance.
3. Interpreting District Boundaries: The boundaries of the zoning districts shall be determined by scaling distances, with the Board of Adjustment making any necessary interpretation, after the Board has provided a reasonable opportunity for presentation of material by any person contesting the boundary location.
4. Warning and Disclaimer of Liability: The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or flood heights may be increased by man-made or natural causes. This ordinance does not imply that areas outside the flood-plain districts or land uses permitted within such districts will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Wilmore or any officer or employee thereof, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.

Effective on: 1/1/1901

1. General Flood Plain District: The first step is taken by delineating the "general flood plain district" boundaries on the official zoning map. The district boundaries encompass land determined to be subject to flooding based upon evidence of past floods. The information used as evidence of past flooding include soil survey mapping by the Soil Conservation Service of the U.S. Department of Agriculture, United States Geological Survey maps, photographs, and personal interviews of City of Wilmore residents.
2. Subdividing General District: The second step depends on securing more refined hydrologic data in order to subdivide the general flood plain district into a floodway district and a flood fringe district. Until such time as the hydrologic data is secured by governmental action, persons requesting special permit uses shall submit data at their expense for a case by case evaluation by the Board of Adjustment, with expert technical assistance, where necessary. Where applicable, the Board shall:
   1. Estimate Regulatory Flood Discharge: Estimate the discharge of the regulatory flood which is representative of large floods known to have occurred in the City of Wilmore area, and which are reasonably characteristic of what can be expected to occur on the particular streams subject to this ordinance. The regulatory flood shall be in the general order of a flood which could be expected to occur on the average of once every one hundred (100) years.
   2. Determine Specific Flood Threat: Determine the specific flooding threat at the site of the proposed special-permit use, and determine whether the use is located in a flood fringe area by:
      1. Elevations - Calculation of water surface elevations and flood protection elevations based upon a hydraulic analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood. Flood protection elevations shall be one (1) foot above the water surface elevations of the regulatory flood.
      2. Floodway - Computation of the floodway required to convey this flood without increasing flood heights to an extent which would cause substantial upstream or downstream damage to existing or reasonably anticipated future development. Computation of increases in flood heights caused by any encroachment shall be based upon the reasonable assumption that there will be an equal degree of encroachment on both sides of the stream within that reach. Generally, any increase in flood stages attributable to encroachments on the flood plain of any river or stream shall not exceed 0.5 feet in any one reach or for the cumulative effect of several reaches.
   3. Evaluate: Evaluate the effects of the proposed use upon the public health, safety, and general welfare in light of the purposes of this ordinance and the standards established herein and deny, grant, or conditionally grant the application for the proposed use.

Effective on: 1/1/1901

Effective on: 1/1/1901

1. Permitted Uses: Permitted uses shall have a low flood-damage potential, shall not obstruct flood flows, shall not be prohibited by other ordinances, shall not require structures, fill, or storage of materials or equipment, and shall not adversely affect the capacity of the channels or floodways of any tributary to the main stream, drainage ditch, or any other drainage facility. The following are permitted uses to the extent that they conform to the aforementioned criteria:
   1. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting.
   2. Industrial-commercial accessory uses such as loading areas, parking areas, airport landing strips.
   3. Private and public recreation uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat-launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horseback riding trails.
   4. Residential accessory uses such as lawns, gardens, parking areas, and play areas.
2. Special Permit Uses: All other uses are permitted only after securing a special permit, which must receive proper review to determine:
   1. If the use is appropriate to either the floodway or flood fringe;
   2. The regulatory flood-protection elevation; and if appropriate,
   3. The adequacy of flood proofing or other flood-protective measures. These procedures are fully described hereinafter.

Effective on: 1/1/1901

1. Permitted Uses: The permitted uses shall be the same as those listed as permitted uses in the general flood plain district.
2. Special Permit Uses: Other uses are allowed only as special permit uses, providing they conform to the uses and standards described in the following:
   1. Types of uses - The following uses could involve temporary or permanent structures, fill, or storage of equipment or materials, and may be permitted only after the issuance of a special permit by the Board of Adjustment:
      1. Uses or structures accessory to open space or Special-Permit Uses
      2. Circuses, carnivals, and similar transient amusement enterprises
      3. Drive-in theaters, new-and-used car lots, road-side stands, signs, and billboards
      4. Extension of sand, gravel and other materials
      5. Marinas, boat rentals, docks, piers, wharves
      6. Railroads, streets, bridges, utility transmission lines, and pipe lines
      7. Storage yards for equipment, machinery, or materials
      8. Kennels and stables
      9. Other uses similar in nature to those described for the floodway or general flood plain districts, and which are consistent with other provisions of this ordinance
   2. Standards for Floodway Special Permit Uses - Consideration of special permit requests shall also include the following standards:
      1. All Uses - No temporary or permanent structure, fill (including fill for roads and levees) deposit, obstruction, storage of materials or equipment, or other use may be allowed as a special permit use which, acting alone or in combination with existing or future uses, unduly affects the capacity of the floodway or unduly increases flood heights. Consideration of the effects of a proposed use shall be based on a reasonable assumption that there will be an equal degree of encroachment extending for a significant reach on both sides of the stream.
      2. Fill - Any fill proposed to be deposited in the floodway must be shown to have some beneficial purpose and the amount thereof not greater than is necessary to achieve that purpose, as demonstrated by a plan submitted by the owner showing the uses to which the filled land will be put and the final dimensions of the proposed fill or other materials. Such fill or other materials shall be protected against erosion by riprap, vegetation or bulk heading.
      3. Structures (temporary or permanent) - Structures shall not be designed for human habitation, shall have a low flood-damage potential, and shall be constructed, and placed, on the building site so as to offer minimum obstruction to the flow of flood waters. In addition, any permitted structure shall be:
         1. Constructed with the longitudinal axis parallel to the direction of flood flow whenever possible;
         2. Placed approximately on the same flood-flow lines as those of adjoining structures whenever possible;
         3. Firmly anchored to prevent flotation which may result in damage to other structures, restriction of bridge openings and other narrow sections of the stream or water way; and,
         4. Flood-proofed, or constructed at, or above, the regulatory flood protection elevation for the particular area, if it contains any service facilities such as electrical and heating equipment.
      4. Storage of Material or Equipment - The storage or processing of material is prohibited if, in time of flooding, it is buoyant, flammable, explosive or could otherwise be injurious to human, animal, or plant life.

Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation, or if readily removable from the area within the time available after flood warning.

Effective on: 1/1/1901

1. Permitted Uses: The permitted uses shall be the same as those listed as permitted uses in the general flood plain district. In addition, permitted uses include structures which are constructed on fill so that the first floor and basement floor are above the regulatory flood protection elevation. The fill shall be at a point no lower than one (1) foot below the regulatory flood-protection elevation for the particular area and shall extend at such elevation for at least fifteen (15) feet beyond the limits of any structure or building erected thereon. However, no use shall be constructed which shall adversely affect the capacity of channels or floodways of any tributary to the main stream, drainage ditch, or any other drainage facility or system.
2. Special Permit Uses: The following shall apply to special permit uses:
   1. Structure Elevation - Where existing streets or utilities are at elevations which make compliance with 3.288 (A) impractical, or in other special circumstances, the Board of Adjustment may authorize other techniques for elevation of residences. Structures other than residences shall ordinarily be elevated on fill as provided in 3.288 (A), but may, in special circumstances, be otherwise elevated or flood-proofed as provided in 3.289 to a point above the regulatory flood-protection elevation.
   2. Other Special Permit Uses: Other special permit uses shall include those listed under the special permit uses section of the Floodway District 3.287 (B).

Effective on: 1/1/1901

1. Application Submittal: Any request for a special permit shall be filed with the office of the Board of Adjustment, and fully contain the necessary information as may be required by the Board. Any use in this ordinance listed as requiring a special permit may be allowed only upon approval of the Board of Adjustment.
2. Board's Procedure: The procedure of the Board of Adjustment will be as follows:
   1. Application Contents - The application submittal shall include as much of the following information as is deemed necessary by the Board for determining the suitability of the site for the proposed use.
      1. Plans - three (3) copies of plans, drawn to scale, showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood-proofing measures, and the relationship of the above to the location of the channel, floodway, and the flood-protection elevation.
      2. Plans showing elevations or contours of the ground; pertinent structure, fill, or storage elevations; size, location, and spatial arrangement of all proposed and existing structures of streets, water supply, sanitary facilities; photographs showing existing and land uses and vegetation upstream and downstream, soil types, and other pertinent information.
      3. Cross Section - A typical valley cross section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross sectional areas to be occupied by the proposed development, and high water information.
      4. Profile - A profile showing the slope of the bottom of the channel or flow line of the stream.
      5. Specs - Specifications for building construction and materials, flood-proofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities.
      6. Other - Any other pertinent information that may be required to assist in the determination of the suitability of the request.
   2. Technical Review - The Board shall secure expert professional and technical advice, where necessary in evaluating the proposed project in relation to flood heights and velocities; the seriousness of flood damage to the use; the adequacy of the plans for protection; and other technical matters.
   3. Board's Review - Based upon the technical evaluation of the designated engineer or expert, the Board shall determine the specific flood hazard at the site and shall evaluate the suitability of the proposed use in relation to the flood hazard.
3. FACTORS TO BE CONSIDERED BY BOARD

   In deciding upon special permit requests, the Board shall consider all relevant factors specified in other sections of this ordinance, as well as the following:

   1. Danger to life and property due to increased flood heights or velocities caused by encroachments.
   2. Danger that materials may be swept on to other lands or downstream to the injury of others.
   3. Effect on water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.
   4. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
   5. Importance of the services provided by the proposed facility to the community.
   6. Requirements of the facility for this location.
   7. Availability of alternative locations not subject to flooding for the proposed use.
   8. Compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
   9. Relationship of the proposed use to the comprehensive plan and flood plain management program for the area.
   10. Safety of access to the property in times of flood of ordinary and emergency vehicles.
   11. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.
   12. Such other factors which are relevant to the purposes of this ordinance.
4. TIME FOR ACTING ON APPLICATION

   The time for acting on a special permit application shall be reasonable and in accordance with an adopted schedule by the Board of Adjustment.

5. CONDITIONS ATTACHED TO SPECIAL PERMITS

   Upon consideration of the factors previously listed and the purposes of this ordinance the Board may attach such conditions to the granting of special permits as it deems necessary to further the purposes of this ordinance. Among such conditions, without limitation because of specific enumeration, may be included:

   1. Modification of waste disposal and water supply facilities.
   2. Limitations on periods of use and operation.
   3. Imposition of operational controls, sureties, and deed restrictions.
   4. Requirements for construction of channel modifications, dikes, levees, and other protective measures.
   5. Flood-proofing measures shall be designed consistent with the flood-protection elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood. The Board of Adjustment shall require that the applicant submit a plan or document certified by a registered professional engineer that the flood-proofing measures are consistent with the regulatory flood-protection elevation and associated flood factors for the particular area. The following flood-proofing measures may be required without limitation because of specific enumeration:
      1. Structural anchorage such as:
         1. Addition of mass or weight to structures to resist flotation.
      2. Waterproofing measures, such as:
         1. Installations of watertight doors, bulkheads, and shutters, or similar methods of construction.
         2. Use of paints, membranes, or mortars to reduce seepage of water through walls.
         3. Construction of water supply and waste treatment systems so as to prevent the entrance of flood waters.
         4. Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent back-up of sewage and storm waters into the buildings or structures. Gravity draining of basements may be eliminated by mechanical devices.
      3. Structural reinforcement by use of construction to resist rupture or collapse caused by water pressure or floating debris.
      4. Water removal devices such as:
         1. Installation of pumps to lower water levels in structures.
         2. Installation of pumping facilities or comparable practices for sub-surface drainage systems for buildings to relieve external foundation, wall and basement flood pressures.
      5. Location of hazardous equipment or material:
         1. Location of all electrical equipment, circuits, and installed electrical appliances in a manner which will assure they are not subject to flooding and to provide protection from inundation by the regulatory flood.
         2. Location of any structural storage facilities for chemicals, explosives, buoyant materials, flammable liquids, or other toxic materials which could be hazardous to public health, safety, and welfare in a manner which will assure the facilities are situated at elevations above the height associated with the regulatory protection elevation or are adequately flood-proofed to prevent flotation of storage containers, or damage to storage containers which could result in the escape of toxic materials into flood waters.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

The minimum front yard setback line shall be fifty (50) feet from the right-of-way line.

2. Side Yards

There shall be a minimum side yard on each side of any structure of fifteen (15) feet as measured from the property line to the nearest building or structure.

3. Rear Yard

There shall be a minimum rear yard building setback line of not less than thirty-five (35) feet as measured from the rear property line to the nearest building or structure.

4. Corner Lot Yards

The minimum side yard setback line on any street not having lots fronting upon it shall be fifteen (15) feet from the right-of-way line. Where the street on the side of a corner lot has lots fronting upon it within the same block and on the same side of the street, the side yard setback on the corner lot shall be equal to the front yard setback requirement for lots fronting on the street.

5. Yards for Public and Semi-Public Buildings

All public and semi-public buildings, including accessory buildings shall have at least the same front yard setback required for all other buildings in this zone. There shall be a minimum side yard and rear setback for such buildings of fifty (50) feet away from any lot line.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

The minimum front yard setback line shall be thirty-five (35) feet from the right-of-way.

2. Side Yards

There shall be minimum side yard on each side of any structure of ten (10) feet as measured from the property line to the nearest building or structure, and a total of twenty-two (22) feet on both sides of any structure.

3. Rear Yards

There shall be a minimum rear yard building setback line of not less than twenty-five (25) feet as measured from the rear property line to the nearest building or structure.

4. Corner Lot Yards

The minimum side yard setback line on any street not having lots fronting upon it shall be fifteen (15) feet from the right-of-way line. Where the street on the side of a corner lot has lots fronting upon it within the same block and on the same side of the street, the side yard setback on the corner lot shall be equal to the front yard setback requirement for lots fronting on the street.

5. Yards for Public and Semi-Public Buildings

All public and semi-public buildings, including accessory buildings, shall have at least the same front yard setback required for all other buildings in this zone. There shall be a minimum side yard and rear yard setback for such buildings of fifty (50) feet from any lot line.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Every single-family dwelling shall be located on a single lot of not less than ten thousand (10,000) square feet in area; double family units shall have a minimum lot area of twelve thousand (12,000) square feet. The minimum lot width measured at the building setback line shall not be less than eighty (80) feet for a single-family unit and one hundred (100) feet for a double family unit.

Effective on: 1/1/1901

1. Front Yards

The minimum front yard setback line shall be twenty-five (25) feet from the right-of-way.

2. Side Yards

There shall be a minimum side yard on each side of any structure of six (6) feet as measured from the property line to the nearest building or structure, and a total of fourteen (14) feet on both sides of any structure.

3. Rear Yards

There shall be a minimum rear yard residential building setback line of not less than twenty-five (25) feet as measured from the rear property line to the nearest residence. For accessory structures the minimum rear yard setback shall not be less than six (6) feet from the rear property line to the nearest accessory structure.

4. Corner Lot Yards

The minimum side yard setback line on any street not having lots fronting upon it shall be fifteen (15) feet from the right-of-way line. Where the street on the side of a corner lot has lots fronting upon it within the same block and on the same side of the street, the side yard setback on the corner lot shall be equal to the front yard setback requirement for lots fronting on the street.

5. Yards for Public and Semi-Public Buildings

All public and semi-public buildings, including accessory buildings shall have at least the same front yard setback required for all other buildings in this zone. There shall be a minimum side yard and rear yard setback for such buildings of fifty (50) feet from any lot line.

Effective on: 1/1/1901

Effective on: 1/1/1901

B. Multi-family dwellings.

C. Mobile homes, provided they meet the requirements of Section 4.2 of this Zoning Ordinance.

Effective on: 1/1/1901

SECTION 3.2332 AMENDED JUNE 4, 2012

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Every single-family dwelling shall be located on a single lot of not less than ten thousand (10,000) square feet. Every multi-family and two-family dwelling shall be located on a single lot of not less than seven thousand (7,000) square feet for the first dwelling unit plus two thousand (2,000) square feet for each additional unit. The minimum required lot width at the building setback line for single-family dwelling shall be sixty (60) feet; for two-family dwellings the minimum width shall be eighty (80) feet; for multi-family dwellings for each additional family unit over two, an additional five (5) feet shall be added to minimum width requirement for double family dwellings.

Effective on: 1/1/1901

Twenty-five (25) feet required from right-of-way line.

2. Side Yards

There shall be a minimum side yard on each side of any structure of six (6) feet as measured from the property line to the nearest building or structure, and a total of fourteen (14) feet on both sides of any structure.

3. Rear Yards

There shall be a minimum rear yard residential building setback line of not less than twenty-five (25) feet as measured from the rear property line to the nearest residence. For accessory structures the minimum rear yard setback shall be not less than six (6) feet from the rear property line to the nearest accessory structure.

4. Corner Lot Yards

The minimum side yard setback line on any street not having lots fronting upon it shall be fifteen (15) feet from the right-of-way line. Where the street on the side of corner lot has lots fronting upon it within the same block and on the same side of the street, the side yard setback on the corner lot shall be equal to the front yard setback requirement for lots fronting on the street.

5. Yards for Public and Semi-Public Buildings

All public and semi-public buildings, including accessory buildings, shall have at least the same front yard setback required for all other buildings in this zone. There shall be a minimum side yard and rear yard setback for such buildings of fifty (50) feet from any lot line.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

4. A maximum of 25% of the entire parent tract shall be used for residential lots. The permanent green space area shall consist of the balance of the parent tract less:
   1. Right-of-way required for streets needed to serve the development; and
   2. Area which may be retained by the homeowners association for a clubhouse, parks, or other recreational facilities.

      A deed of restriction shall be placed on the plat stating that the balance of the parent tract shall be maintained in a permanent green space area. The deed restriction shall not be modified in any way without the written consent of 100% of the landowners on the original tract plus 100% of the members of the Wilmore City Council.

5. A maximum of 30% of the entire parent tract may be used for residential lots if the average lot width at the building line is 100 feet or more and if the development plan includes provisions for boulevard-type roads with landscaped medians for the main road throughout the development. All other conditions in 3.2343(d) shall apply to this development alternative.
6. Up to 25 percent of the units may be developed as townhouses as provided in Section 3.2341 above. The Planning Commission and Wilmore City Council will have some discretion in reviewing these development plans and may vary the percentages as appropriate to a particular development.
7. Sidewalks or pedestrian/bikeways shall be required along all streets in this zone and shall be reflected on the development plan and may not be waived by the Planning Commission.
8. All deed restrictions shall be submitted in conjunction with the development plan for review and approval of the Planning Commission and City Council.
9. Underground distribution lines for utilities and cable shall be required in all R-5 developments.
10. The owner(s) shall grant to the City of Wilmore, or to a land trust designated by the City of Wilmore, a conservation easement on the permanent green space area which will allow only those uses permitted in 3.2341 (b) and 3.2342 (b).

Effective on: 1/1/1901

"The R-5 zone is designed to provide a transition and to protect the rural character and agricultural nature of the urban fringe of Wilmore. Landowners in the R-5 zone should anticipate that customary agricultural practices may occur on neighboring A-1 and R-5 property."

Customary agricultural practices shall be defined to include, but not be limited to, plowing, spraying, liming, fertilizing, mowing, irrigation, forage-harvesting (baling hay, chopping silage), planting, harvesting; construction on fences, waterway, ponds and contours; weaning cattle, working cattle, as well as all uses permitted in the A-1 zoning district as defined in Section 3.22 of the Wilmore Zoning Ordinance, and other reasonable agricultural practices which from time to time shall be customary in this area. These practices are essential to the perpetuation of the agricultural and rural nature of the urban fringe of Wilmore and the clusters and are expected to result in the detection of odors, noise, and dust on neighboring properties.

7. When the development plan is presented, lot standards and street standards and street standards may be modified, but modification shall require the approval of 2/3 of the members of the Wilmore City Council. Any such modifications shall require a waiver of the requirements by the Planning Commission at the public hearing.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

The minimum front yard setback line shall be forty (40) feet from the right-of-way.

2. Side Yards

There shall be minimum side yard on each side of any structure of twelve (12) feet as measured from the property line to the nearest building or structure.

3. Rear Yards

There shall be a minimum rear yard building setback line of not less than twenty-five (25) feet as measured from the rear property line to the nearest building or structure.

4. Corner Lot Yards

Corner lots shall be laid out so as to provide at least minimum front yard requirements along both street frontages.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

The minimum front yard setback line shall be forty (40) feet from the right-of-way.

2. Side Yards

There shall be minimum side yard on each side of any structure of fifteen (15) feet as measured from the property line to the nearest building or structure.

3. Rear Yards

There shall be a minimum rear yard building setback line of not less than twenty-five (25) feet as measured from the rear property line to the nearest building or structure.

4. Corner Lot Yards

Corner lots shall be laid out so as to provide at least minimum front yard requirements along both street frontages.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

The minimum front yard setback line shall be forty (40) feet from the right-of-way of any public or private street.

2. Side Yards

There shall be a minimum side yard on each side of any structure often (10) feet as measured from the property line to the nearest building or structure, and a total of twenty (20) feet on both sides of any structure.

3. Rear Yards

There shall be a minimum rear yard setback line of not less than forty (40) feet as measured from the rear property line to the nearest building or structure.

4. Comer Lot Yards

The minimum setback line on any street shall be forty (40) feet from the right-of-way of any public or private street. The rear yard setback line or corner lots shall be reduced to ten (10) feet.

Effective on: 1/1/1901

Effective on: 1/1/1901

SECTION 3.2418 ADOPTED JUNE 8, 2009

Effective on: 1/1/1901

SECTION 3.2419 ADOPTED JUNE 8, 2009

Effective on: 1/1/1901

SECTION 3.2511 L ADOPTED NOVEMBER 10, 2014

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

The front yard building setback line for all buildings and accessory buildings shall be a minimum of fifty (50) feet from any existing or proposed right-of-way line of any street or road.

In case of service stations, all gas pumps, gas pump islands, grease pits or racks and other similar facilities shall be located no closer than twenty-five (25) feet from a street or highway right-of-way line.

2. Side Yards

A minimum side yard of twenty-five (25) feet is required for all highway commercial uses as measured from the property line to the nearest building or structure.

Where the side yard joins a residential district, the minimum side yard shall be fifty (50) feet.

3. Rear Yards

A minimum rear yard of thirty (30) feet shall be required for all structures in the B-1 Highway Commercial Zone as measured from the rear property line to the nearest building or structure.

Where the rear yard joins a residential district the minimum rear yard shall be fifty (50) feet.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

SECTION 3.2531 ADOPTED NOVEMBER 10, 2014

Effective on: 1/1/1901

Effective on: 1/1/1901

1. Manufacturing, fabrication, and/or processing of any commodity, except as set out in Section 3.2532, the uses being conditionally permitted there being expressly prohibited here
2. Retail sales of any commodity manufactured, fabricated or processed on the premises, or of any premises, or of any commodity designed especially for use in agriculture, mining, industry, business, transportation or construction, including but not limited to the following uses:
   1. Building material sales yard and lumber yards, including the sale of rock, sand, gravel, and the like as an incidental part of the main business
   2. Contractor's equipment storage yard or plant, or rental of equipment commonly used by contractors
   3. Freighting or trucking yard or terminal
3. Wholesale sale or storage of any article

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

The height limit may be raised with the written approval of the Planning Commission.

Effective on: 1/1/1901

Effective on: 1/1/1901

Abattoirs; refining or storage; chemical manufacture; exterminator or insect poison manufacture; fat rendering; fertilizer manufacture; flour and grain milling; gasoline storage, wholesale; leather curing and tanning; monument works; salvage storage yard; sawmill; scrap iron; storage yard; stockyards; sulphur, sulfuric acid, or derivatives manufacture; terra cotta manufacture; wrecking material yard; and coal washing, storage and transfer yards and facilities.

Any other industrial, manufacturing, fabrication or processing uses which, in the opinion of the Board of Adjustment would not be detrimental to surrounding properties and not possess characteristics that would be a nuisance to the residents of the City.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901