Wilmore City Zoning Code

ARTICLE IV

REGULATIONS

4.1 PLANNED UNIT DEVELOPMENT

SECTION 4.1 PLANNED UNIT DEVELOPMENT WAS DELETED IN IT'S ENTIRETY BY RECOMMENDATION OF THE JOINT PLANNING COMMISSION AND BY FINAL APPROVAL OF THE WILMORE CITY COUNCIL, ON JULY 19, 2010

Effective on: 1/1/1901

4.4 OFF-STREET PARKING AND LOADING

In all zones, off-street parking facilities for the storage or parking of motor vehicles for use of occupants, employees and patrons of the building hereafter erected, altered, or extended after the effective date of these regulations shall be provided and maintained as herein prescribed.

4.7

DEFINITIONS:

CELLULAR ANTENNA: Any structure or device used to collect or radiate electromagnetic waves, including both directional antennas, such as panels, microwave dishes and satellite dishes, and omnidirectional antennas, such as whips, at frequencies on the electromagnetic spectrum as the FCC from time to time may designate, used for cellular telecommunications services and/or personal communications services, but not including such structures or devices when used for the broadcast of television of AM or FM radio stations or for citizens' band or amateur radio use. Examples of cellular telecommunications or personal communications services include, but are not limited to, cellular telephone, paging, public safety, data transmission. Specialized Mobile Radio, Enhanced Specialized Mobile Radio, and other commercial private radio services.
CELLULAR ANTENNA TOWER: Any structure that is designed and constructed primarily for the purpose of supporting one or more cellular antennas. This includes guyed towers, lattice towers, monopoles, alternative cellular antenna tower structures and towers taller than 15 feet constructed on the top of another building, along with any separate building on the lot used to house any supporting electronic equipment.
CO-LOCATION: Locating one or more cellular antennas for more than one provider on a single cellular antenna tower or alternative cellular antenna tower structure on a single lot.
HEIGHT, ANTENNA TOWER: The distance from the anchored base of the tower, whether on the top of another building or at grade, to the highest point of the structure, even if the highest point is the top of an antenna.
TELECOMMUNICATIONS FACILITY: The lot, tract, or parcel of land that contains the telecommunications antenna, its support structure, any accessory buildings, and parking, and may include other uses associated with and ancillary to telecommunications transmission.

ANTENNA TOWERS FOR CELLULAR TELECOMMUNICATIONS SERVICES OR PERSONAL COMMUNICATIONS SERVICES (Cellular antenna towers or alternative tower structures):

An antenna tower for cellular telecommunications services or personal communications services may be allowed in any district after receiving Jessamine County-City of Wilmore Joint Planning Commission (hereinafter "Planning Commission") review in accordance with the Planning Commission's filing procedures to ascertain its agreement with the Comprehensive Plan and the zoning ordinance and after being granted a Certificate of Public Convenience and Necessity by the Public Service Commission. Co-location of service facilities is preferred. Co-location objectives may be satisfied by configuration of new facilities for multiple carriers or by co-location on existing facilities. Any request for review of a proposal to construct such an antenna tower or to reconfigure, enlarge or reconstruct an existing antenna tower, shall be made only in accordance with this Section B.

However, if the property is subject to an existing Conditional Use Permit, the property owner shall obtain approval of the appropriate amendment or modification request. Such request shall be filed simultaneously with the antenna tower for cellular telecommunications services or personal communications services request filed pursuant to this section. Review of the Conditional Use Permit plan shall be limited to a determination of the impact of the antenna tower for cellular telecommunications services or personal communications services construction on the requirements of the Conditional Use Permit. The property owner shall be responsible for making alternative provision for any alteration of the development or Conditional Use Permit or shall obtain a variance or waiver of the specific Permit requirement affected by the location of the tower on the site. In the event the Public Service Commission requires that the tower be located on the site differently than shown on the Conditional Use Permit plan, the property owner shall submit an amended request and plan showing the new location for review of the effects the new location may have on the features of the Conditional Use Permit site and use. Such amended request and plan shall be submitted no later than ten (10) business days after the date of the final order of the Public Service Commission approving the tower construction.

General Provisions:
1. Notice of Filing:
  1. Notice of any request filed under this section shall be sent by the applicant by first class mail to the owner of every parcel of property within 1000 feet of the tower, to the owner of every parcel of property adjoining at any point the property from which the applicant proposes to create the tower site, and to the owner of every parcel of property directly across the street from said property. Notice shall also be sent by the applicant to the Mayor of the City in which the tower site is proposed, if the tower is proposed to be located within the corporate limits of a City or to the County Judge/Executive, if the tower is proposed to be located in the unincorporated area of Jessamine County.
    Such notices shall include the address and telephone number of the Planning Commission's office, and a statement that the recipient has the right to submit testimony to the Planning Commission, either in writing or by appearance at any Committee or Commission meeting scheduled for review of the request. Such notices by first class mail shall be mailed no sooner than the date of acceptance of the application by the Planning Commission and no later than two (2) work days subsequent to the application. An attorney shall certify within five (5) days of mailing that the required notices have been sent.
  2. The applicant shall furnish to the Planning Commission with the attorney certification a copy of the notices required by 1. a. (1) above and the names and addresses of the owners of property and the governmental officials to whom the required notices will be sent. Records maintained by the property Valuation Administrator may be relied upon to determine the identity and address of said owners. If the property is in a cooperative form of ownership or has co-owners. notice may be in the manner described in KRS 100.214 (2) for such ownership. The applicant shall obtain the name and address of the applicable governmental officials from the Planning Commission through its authorized representative.
  3. Notice of the filing of the request shall be posted conspicuously in a visible location on the proposed site of the telecommunications facility and in a visible location on the nearest public road at the same time that notice by first class mail is sent. The applicant shall certify that the postings have been made. The notices shall remain until the Planning Commission issues its final decision or sixty (60) days has passed since acceptance of the request by the Planning Commission, whichever occurs first. The posting shall be as follows:
    1. Each sign shall be at least two (2) feet by four (4) feet in size;
    2. Each sign shall state: "(Name of applicant) proposes to construct a telecommunications tower and/or facility on this site. If you have questions, please contact (name and address of applicant). Information on the Planning Commission's review of this proposal may be obtained by calling the Planning Commission at (859) 885-6415."
    3. In both posted notices, the words "proposes to construct a telecommunications tower and/or facility" shall be printed in letters at least four (4) inches in height, and the words "Jessamine County-City of Wilmore Joint Planning Commission at (859) 885-6415" shall be painted in letters at least one (1) inch in height. Both signs shall be constructed of durable, weatherproof material.
    4. Any such signs may also include any notices required to be made by regulations of the Kentucky public Service Commission including 807 KAR 5:063 (as now in effect, or as amended).
2. Documentation: Any request filed under this Section B, for review of a proposal to construct an antenna tower shall include the following:
  1. An indication that the information that the applicant is required by 807 KAR 5:063. (as now in effect, or as amended) to submit to the Commonwealth of Kentucky Public Service Commission is available to be sent promptly to the Planning Commission upon its written request;
  2. A copy of the applicant's FCC license, or, if the applicant is not an FCC license holder, a copy of at least one letter of commitment from an FCC license holder to locate at least one antenna on the applicant's tower.
  3. Unless co-locating, certification, supported by evidence, that co-location of the proposed telecommunications facility with an existing approved tower or facility cannot be reasonably accommodated or that a new facility configured for multiple carriers. The applicant's certification shall include a listing of all existing towers and facilities, a description of each existing site, and a discussion of the ability or inability to reasonably co-locate on each existing site according to the following table:
    - For a tower proposed to be 200 feet or more tall, all towers and facilities within a one (1.0) mile radius of the proposed site
    - For a tower proposed to be less than 200 feet tall, all towers and facilities within a one (1.0) mile radius of the proposed site
    - Notwithstanding the foregoing, for any size tower proposed to be located in the following zone(s): Commercial, Industrial, or Professional, all towers within a one half (0.5) mile radius of the proposed site

Reasons for not co-locating on a site would include, but not be limited to, the following:

a. No existing towers or facilities are located within the above radius of the site;

b.Existing towers or facilities are not of sufficient height to meet the applicant's engineering requirements.
c. Existing towers or facilities do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.

d. Applicant's planned equipment would cause radio frequency interference with other existing or planned equipment of the tower or facility, or the existing or planned equipment of the tower or facility would cause interference with the applicant's planned equipment which cannot be reasonably prevented

e. Unwillingness of the owner of the existing tower or facility to entertain a reasonable co-location proposal;

f. Existing towers or facilities do not have sufficient structural strength to support applicant's proposed antenna and related equipment;

(4) Unless co-locating, certification, supported by evidence, that there is no other site which is materially better from a land use perspective within the immediate area for the location of the telecommunications facility. The applicant's certification shall include a listing of potential sites, a description of each potential site, and a discussion of the ability or inability of the site to host a telecommunications facility according to the following table:

Notwithstanding the foregoing, for any size tower proposed to be located in the following zone(s): Commercial, Industrial, or Professional, all potential sites within a one half (0.5) mile radius of the proposed site.
For a tower proposed to be less than 200 feet tall, all potential sites within a one (1.0) mile radius of the proposed site.
For a tower proposed to be 200 or more feet tall, all potential sites within a one (1.0) mile radius of the proposed site;

Potential sites that should be considered (in order from most preferred to least preferred) include: highway rights-of-way except designated parkways, existing utility towers, industrial districts, commercial districts and commercial centers, office towers, and residential towers. Reasons for not locating on a potential site would include, but not be limited to, the following:

1. 1. 1. 1. Unwillingness of the site owner to entertain a telecommunications facility;
      2. Economically impractical;
      3. Topographic limitations of the site;
      4. Adjacent impediments that would obstruct adequate cellular telecommunications and/or personal communications transmission;
      5. Physical site constraints that would preclude the construction of a telecommunications facility;
      6. Technical limitations of the telecommunications system;
      7. Existing potential sites do not provide an acceptable location for requisite coverage for the applicant's communications network;
    1. At the time the applicant files an application for review under these regulations, a listing of the present locations of the applicant's telecommunications towers and/or facilities in Jessamine County, to include co location sites.
    2. A pictorial representation, such as a silhouette drawing, photograph, etc. of the proposed telecommunications facility from a point 150 to 600 feet from the facility for at least two (2) of the four (4) compass directions (to the extent practicable considering vegetation, buildings, or other obstructions) showing the relationship of the tower and/or facilities against the massing of surrounding structures, trees, and other intervening visual masses. Notwithstanding the foregoing, the applicant shall not be required to purchase temporary easement or license rights to allow it to make drawings or photographs from particular vantage points. A reasonable pictorial representation of the site may be substituted for the aforementioned specified compass direction representations if it is not practical to comply with the express terms of this paragraph and the Planning Commission is notified in writing of such practical difficulty.
    3. A justification statement demonstrating that the proposed construction is in agreement with the Comprehensive Plan.
    4. All new telecommunications facilities shall be configured to accommodate at least two (2) telecommunications providers.
1. Design Standards: At the time of filing of a request under this Section B., the applicant shall provide information demonstrating compliance with the requirements listed below. Where the Planning Commission finds that the conditions or circumstances relating to the particular application are such that one or more of the requirements listed below are not necessary or desirable for the protection of surrounding property or the public health, safety, or welfare, either at the time of application or in the foreseeable future, and that such special conditions and circumstances make one or more said requirements unduly burdensome, the Planning Commission may modify or waive such requirement, either permanently or on a temporary basis. Any such modification or waiver shall be requested by the applicant, and the applicant shall submit a written justification for each requested modification or waiver.
  1. The site shall be landscaped in accordance with the requirements of the Zoning Regulations, if any, for utility substations. If the site is an easement, the boundaries of the tract on which the easement is located shall be treated as the property boundaries.
  2. Any monopole, guyed, lattice, or similar type cellular antenna tower and any alternative cellular antenna tower structure similar to these towers, such as light poles, shall be maintained in either galvanized steel finish or be painted light gray or light blue in color. Alternate sections of aviation orange and aviation white paint may be used ONLY when the FAA finds that none of the alternatives to such marking are acceptable.
  3. Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA). Upon commencement of construction of a cellular tower, in cases where there are residential uses located within a distance which is three hundred (300) percent of the height of the cellular tower from the cellular tower and when required by federal law, dual mode lighting shall be requested from the FAA.
  4. The site shall be unstaffed. Personnel may periodically visit the site for maintenance, equipment modification or repairs. To accommodate such visits, access shall be only from access points approved by the applicable Works Department, and there shall be provided on site an area sufficient to accommodate the parking of the service vehicle.
  5. The site shall be enclosed by a security fence of a minimum height of six (6) feet, and the fence may be located in any required yard.
  6. If the use of any cellular antenna or cellular antenna tower or alternative cellular antenna tower structure is discontinued, the owner shall provide the Planning Commission with a copy of the notice to the FCC of intent to cease operations within thirty (30) days of such notice to the FCC. If the cellular antenna or cellular antenna tower or alternative cellular antenna tower structure will not be reused, the owner shall have one hundred eighty (180) days from submittal of the FCC notice to the Planning Commission to obtain a demolition permit and remove the antenna or tower that not be reused. If the cellular antenna or cellular antenna tower or alternative cellular antenna tower structure is to be reused, the owner shall have no more than twelve (12) months from submittal of the FCC notice to the Planning Commission in which to commence new operation of the antenna or tower to be reused. Upon failure to commence new operation of the antenna or tower that is to be reused within twelve (12) months, the cellular antenna or cellular antenna tower or alternative cellular antenna tower structure shall be presumed abandoned, and the owner shall obtain within ninety (90) days of the expiration of the twelve (12) month period, a demolition permit and remove the antenna or tower that is presumed abandoned within sixty (60) days of obtaining the demolition permit. If the owner fails to remove an antenna or tower in the time provided by this paragraph, the Planning Commission may, on grounds of public safety, health, and welfare, cause the demolition and removal of the antenna or tower and recover its costs of demolition and removal.
  7. The only signs allowed shall be emergency information signs, owner contact information, warning or safety instructions, and signs required by a federal, state, or local agency. Such signs shall not exceed five (5) square feet in area
2. Existing Telecommunications Facilities.
Telecommunications facilities in existence on the date of the adoption of this ordinance which do not comply with this ordinance ("existing telecommunications facilities") are subject to the following provisions:
1. Existing telecommunication facilities may continue in use for the purpose now used, but may not be expanded or replaced without complying with this ordinance, except as further provided in this section.
2. Existing telecommunications facilities which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location and physical dimensions subject to obtaining a building permit therefor, but without otherwise complying with this ordinance.
3. The owner of any existing telecommunications facility may replace, repair, rebuild and/or expand such telecommunications facility to accommodate co-located antennas or facilities, or to upgrade the facilities to current engineering, technological or communications standards by obtaining a building permit therefor, and without having to conform to the provisions of this ordinance (including, but not limited to, provisions of this ordinance regarding notice to local zoning authorities or posting of signs) or to otherwise request local zoning approvals, so long as such facilities are not increased in height by more than 50% and or setbacks are not decreased by more than 50%.
4. Any such replacement, repair, reconstruction or enlargement shall not violate the design standards described in B.2 above beyond that existing at the date of the adoption of this ordinance.

INCORPORATION BY REFERENCE OF HB#168 AS CODIFIED IN KRS 100.324, 100.985 and 100.987.
HB#168 as enacted, and as now codified at KRS 100.324, 100.985, and 100.987, is hereby incorporated by reference into this Regulation. The Planning Commission and City Council adopting this Regulation shall comply with said statute as it is applicable to such entity. Among other requirements, said statute requires that the Planning Commission advise the applying utility in writing of its final decision within sixty (60) days commencing from the date that the uniform application (as defined in said statute) is received by the Planning Commission or within a date certain specified in a written agreement between the local Planning Commission and the utility.
SEVERABILITY
That if any clause, section, or other part of this Regulation shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Regulation shall not be affected thereby, but shall remain in full force and effect.
CONFLICTS
That all Regulations or parts of Regulations in conflict herewith are hereby repealed.

SECTION 4.7 ADOPTED MAY 3, 1999

Effective on: 1/1/1901

4.21 MOBILE HOME DEFINED

A detached residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location or jacks or permanent foundations, connections to utilities, and the like. A travel trailer is not to be considered as a mobile home. (See also, Modular Home defined.)

Effective on: 1/1/1901

4.22 MOBILE HOME PARK

A mobile home park is any lot, site, tract, or field of land ten (10) acres or more in area upon which, one (1) or more mobile homes, occupied for dwelling or sleeping purposes, are located regardless or not a change is made for such accommodations.

Effective on: 1/1/1901

4.23 MOBILE HOME SUBDIVISIONS

If spaces for mobile homes are to be offered for sale, lots proposed for sale must be recorded according to the requirements and regulations of the City of Wilmore-Jessamine County Joint Planning Commission. Application for subdivision may be processed in conjunction with the administrative review procedure required under all applicable ordinances and regulations to obtain authorization of its development, within a Mobile Home Zoning District. Whether spaces are proposed for sale, rental, or lease, the design of the park shall comply with the standards set forth in this Section.

Effective on: 1/1/1901

4.24 MOBILE HOMES PERMITTED

There shall be permitted in A-1 (agricultural) a limit of one (1) mobile home located on each farm on a lot containing the minimum square footage required for a single family dwelling and owned or occupied by farmer, their families or farm tenant.

Mobile homes shall be permitted as a conditional use only in mobile home parks (approved by the Board of Adjustment after referral and recommendations from the Planning Commission). Mobile Home Parks and/or Subdivisions shall be permitted in the R-3 residential district only.

Effective on: 1/1/1901

4.25 DEVELOPMENT STANDARDS

The following property development standards shall apply for all Mobile Home Parks:

Each mobile home lot or space shall not be less than five thousand (5,000) square feet in area and shall not be less than fifty (50) feet in width.
No mobile home shall be located closer than thirty (30) feet from the right-of-way line of any street nor any closer than twenty (20) feet from any other boundary line of the mobile home park.
There shall be a front yard setback often (10) feet from all access roads within the mobile home park.
There shall be a minimum side spacing between mobile homes of not less than thirty (30) feet and no mobile home shall be placed less than five (5) feet from the lot line, and the end-to-end spacing of not less than twenty (20) feet between mobile homes shall be adhered to.
No building or structure erected or altered in a mobile home park shall exceed one (1) story of fifteen (15) feet in height.
Each mobile home space shall be provided with a 4" concrete patio of at least two hundred (200) square feet and a storage locker of at least one hundred (100) cubic feet. Storage lockers may be located in locker compounds.
All mobile home spaces shall abut a paved driveway of not less than twelve (120) feet in width, which shall have unobstructed access to a public street.
There shall be at least two (2) asphalt or other suitable material off-street parking spaces for each trailer space, which shall be on the same site as the trailer served, and may be located in the rear or side yard of said trailer space.
There shall be established and maintained within each park an automobile parking area for the use of guests. The number of spaces within this area shall be equal to one (1) for every four (4) trailer sites.
Access roads within a mobile home park shall be all paved roads with a width of not less than twenty (20) feet.
Each mobile home space shall be provided with a connection to a city or county sanitary sewer line or septic system meeting city/county or state standards.
Trailers, with or without toilet facilities, that cannot be connected to a sanitary sewer line or septic system, shall not be permitted in a mobile home park.
Running water from a public or state tested and approved water supply shall be piped into each mobile home and shall be adequately protected from frost. All sources of water to each individual mobile home site shall be underground and in no event shall rubber hose or other temporary measures be used.
All electric lines leading to each mobile home space shall be underground and shall be provided with three (3) wire balanced 115 or 230 volts supply. When separate meters are installed, each meter shall be located on a uniform, standard post on the lot line of each mobile home space, wiring shall comply with applicable local and state electrical codes.
Street and yard lights, sufficient in number and intensity to permit the safe movement of vehicles and pedestrians at night, shall be provided and shall be effectively related to buildings, trees, walls, steps, and ramps. Said lighting shall be so located and arranged that it will not shine, reflect or glare into public streets or residential areas.
There shall be no storage of any kind underneath any mobile home, and each mobile home shall be maintained in a clean and presentable condition at all times.
Every lot shall be provided with a substantial fly-tight, metal garbage depository from which the contents shall be removed by the operator of the mobile home park. Said depository shall be provided with suitable dry well drainage.
All fuel, oil and gas tanks shall be located on each mobile home site in a uniform manner. All tanks shall be elevated on non-combustible stands placed on a concrete base if not of the underground type.
Cabanas and other similar enclosed structures are prohibited.
Mobile homes shall not be used for commercial, industrial, or other non-residential uses within the mobile home parks.
All mobile homes shall be attached to a permanent foundation with wheels removed.

Effective on: 1/1/1901

4.26 APPLICATION FOR MOBILE HOME PARK PERMIT

An application for a mobile home park permit shall be as regulated hereunder and as in the Uniform Building Code.

The application for a permit shall be filed with and issued by the Building Inspector. Each application shall be accompanied by three (3) copies of the plot plan drawn to scale, and prepared by a licensed engineer or architect. Such copies shall be reviewed and approved by the Planning Commission, the Health Department, and the Building Inspector. The following information shall be known:

The location and legal description of the proposed mobile home park;
Plans and specifications of all buildings, improvements, and facilities constructed or to be constructed within the mobile home park;
The proposed use of buildings shown on the site;
The location and size of all mobile home spaces;
The location of all points of entry and exit for motor vehicles and internal circulation pattern;
The location of all lighting standards to be provided;
The location of all walls and fences and indication of their height and the materials of their construction;
The name and address of the applicant; and
Such other architectural and engineering data as may be required to permit the Building Inspector and Planning Commission to determine if the provisions of this Ordinance are being complied with.

A time schedule for development shall be prepared, which shall demonstrate the applicant's readiness and ability to provide the proposed services, and all required improvements and facilities shall be installed within one (1) year.

Effective on: 1/1/1901

4.27 REVOCATION OF LICENSE

The City Council or any appropriate authority may revoke any license to maintain and operate a mobile home park when the licensee has been found guilty by a court of competent jurisdiction of violating any provisions of this Ordinance. After such conviction, the license may be reissued if the circumstances leading to conviction have been remedied and the park is being maintained and operated in full compliance with the law.

Effective on: 1/1/1901

4.28 NONCONFORMING MOBILE HOMES AND MOBILE HOME PARKS

All mobile homes which were located within the City prior to the adoption of the City of Wilmore Zoning Regulations (2nd day of February, 1976) which are non-conforming, may continue in their present location as long as the mobile home remains stationary in its present location. If the mobile home is removed, another mobile home will be allowed to return, provided it does not increase the square footage by more than twenty-five percent (25%) of living space, and it is no closer to the lot lines than the non-conforming trailer was or what is permitted within the zone in which it is located.

Effective on: 1/1/1901

4.31

The purpose of this Article is to promote and protect the public health, welfare, and safety by regulating existing and proposed outdoor advertising, outdoor values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community, and preserve the scenic and natural beauty of designated areas. It is further intended to reduce sign or advertising distraction and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public right-of-ways, provide more open space, and curb the deterioration of the natural environment, and enhance community development.

4.32

Outdoor advertising structures shall be adequately maintained. Such maintenance shall include proper alignment of the structure with paint or other surface finishing material. If an outdoor advertising structure is not maintained, written notice of any disrepair shall be issued by the Administrative Official to owner of said structure. If the disrepair is not corrected within thirty (30) days of the issuance of said notice, said structure shall be removed at the owner's expense.

Effective on: 1/1/1901

4.33 MISCELLANEOUS SIGN PROVISIONS

TEMPORARY SIGNS not exceeding fifty (50) square feet in area, announcing special public or institutional events, the erection of a building, the architect, the builders, or contractors, may be erected for a period of sixty (60) days plus the construction period.

POLITICAL SIGNS: No political sign shall be posted in any place or in any manner that is destructive to public property upon posting or removal. All candidates for public office, their campaign committees, or other persons responsible for the posting on public or private property of campaign material shall remove such material within two (2) weeks following election day.

Effective on: 1/1/1901

4.34 VIOLATIONS

In case any sign shall be installed, erected, constructed, or maintained in violation of any of the terms of this Ordinance the Administrative Official shall notify in writing the owner or lessee thereof to remove or alter such sign so as to comply with this Ordinance. Failure to comply with any of the provisions of this Article shall be deemed a violation and shall be punished under Section 5.4 of this Ordinance.

Effective on: 1/1/1901

4.42 LOADING SPACE REQUIREMENTS

On the same premises with every building, structure or part thereof erected and occupied for manufacturing, storage, warehouse goods display, department stores, wholesale storage, market, hotel, hospital, mortuary, laundry, dry cleaning, or other uses similarly involving the receipt or distribution of vehicles or materials or merchandise, there shall be provided and maintained on the lot adequate space for standing, loading and unloading service in order to avoid undue interference with public use of streets or alleys. Such space, unless otherwise adequately provided for, shall include a ten foot (10) by twenty-five foot (25) loading space, with fourteen foot (14) height clearance for every ten thousand (10,000) square feet or fraction thereof in excess of three thousand (3,000) square feet of building floor use of land for the above mentioned purposes.

Effective on: 1/1/1901

4.51

The lawful use of a building or premises at the time of the adoption of any zoning regulations affecting it, may be continued although such use does not conform to the provisions of such regulations, except as otherwise provided herein.

4.52

A non-conformance is a building or lot or the use thereof which does not agree with the requirements of the Zoning District where situated.

4.62

Junkyards are not designated as permitted uses in any district except by conditional use. They shall conform with Section 4.5 of this Ordinance describing regulations for non-conforming uses. The Enforcement Officer shall ensure that all existing junkyards maintain valid permits to operate, issued by the Kentucky Department of Highways, as required by Kentucky Revised Statutes 177.905 through 177.990.

Effective on: 1/1/1901

4.63

Automobile, vehicle, machinery, or material junkyards are prohibited within two thousand (2000) feet of the centerline of any road unless with written approval of the Board of Adjustment after a public hearing has been held.

Effective on: 1/1/1901

4.65 INSPECTION

Before any application for a junkyard permit may be approved, an actual inspection of the junkyard location must be made by the district engineer or his designated representative, and the Administrative Officials of the Planning Commission, regarding the visibility of the junkyard to the view of motorists. The results of the inspection must be reduced to a written report to insure its compliance to all junkyard regulations, and must be signed by the person actually making the inspection.

4.67 PROCEDURE FOR OBTAINING CERTIFICATE OF COMPLIANCE

Applicant must obtain application from the Planning Office of Administration.

Three (3) copies of the application are to be prepared and submitted, along with the plan for screening the junkyard, and fifteen (15) copies of a plat of land to be used.

The Planning Commission will receive the application and plans for screening and after review will hold a public hearing at which time discussion of the application and plan will take place.

Upon approval the applicant may proceed with plans as submitted.

The Administrative Official and the District Engineer shall, upon completion of the project, make inspection of the screening, and if it meets with their approval, the certificate of compliance will be granted.

Effective on: 1/1/1901

4.311

Outdoor commercial advertising, free-standing billboards shall be classified as business uses and shall be permitted only in the I-Industrial Zones, and the B-1 Highway Commercial Zone. All advertising devices, except as hereinafter provided, shall be prohibited in all residential and agricultural zones.

Effective on: 1/1/1901

4.312

Except as expressly provided, signs and other advertising devices (excluding billboards) are permitted in the B-1 Highway Commercial and B-2 Local Commercial Zones and then only provided all requirements of these regulations are complied with and provided the sign advertises a use conducted on the same premises with the sign.

Effective on: 1/1/1901

4.313

No outdoor advertising sign or display shall be erected, placed, re-painted, or hung nearer to the street right-of-way line upon which said display faces than the building lines provided in zones where the use is permitted, except one sign advertising the primary nature of the business or industry conducted on the premises, may be placed not closer than ten (10) feet to the street right-of-way line, but shall in no case be permitted to obstruct this view of traffic nor exceed an area of twelve (12) square feet. All outdoor advertising displays and signs advertising specific events to be held over a period of time shall be removed within ten (10) days after the last day the event has taken place.

Effective on: 1/1/1901

4.314

Any sign in a zone where a sign is otherwise permitted and containing less than two (2) square feet any sign posting property, and any sign advertising the specific property on which it is placed for sale or rent which contains less than twelve (12) square feet, may be erected without a building permit. All other signs require a building permit.

Effective on: 1/1/1901

4.315

In any zone signs advertising the property on which they are located for sale, rent lease, or trade may be erected and set forth in area and distance as follows:

Area in Signs	Distance from Right-of-way Line
12 square feet or less	12 feet
13 to 20 square feet	50 feet
21 to 40 square feet	100 feet
41 to 60 square feet	150 feet

Provided, further, that no such sign in any zone shall exceed sixty (60) feet in area.

Effective on: 1/1/1901

4.316

In any residential zone, small professional or announcement signs of professions or businesses permitted in these zones as home occupations and accessory uses shall be permitted but shall not exceed four (4) square feet in area.

Effective on: 1/1/1901

4.317

Directional signs, not exceeding two (2) square feet in area shall be permitted only on major thoroughfare approaches to the business; the top of which shall not exceed three (3) feet in height if freestanding. No such signs shall be permitted on minor residential streets.

SECTION 4.317 AMENDED JUNE 8, 2009

Effective on: 1/1/1901

4.318

Loud speakers, juke boxes, public address systems and electric amplifiers shall be permitted if the use of the same is for the occupants of the building only within which such equipment is installed and does not create a nuisance and disturb the peace of other persons or properties in its own or any other zone.

Effective on: 1/1/1901

4.319

Except as above provided, any individual person or firm erecting, placing or hanging any signs shall apply for a building permit showing that such sign is in conformance with the existing regulations.

Effective on: 1/1/1901

4.3110

Signs or other outdoor advertising which involve lighting or motion resembling traffic or directional signals, or warnings such as "stop" and "danger", are prohibited.

Effective on: 1/1/1901

4.3111

Additionally, no sign, outdoor commercial advertising device constituting a nuisance because of light, glare, focus, animation or flashing, or any illuminated signs of such intensity of illumination as to unduly disturb the use of residential property shall be erected or continue in operation.

Effective on: 1/1/1901

4.3112 Professional Office

Permitted signs may be either free standing or wall mounted, as specifically noted; signs shall be non-illuminated, indirectly illuminated, or internally illuminated unless otherwise specified. The top of any free standing sign shall not exceed ten (10) feet in height from the ground.

Identification signs, limited to one (1) freestanding sign per building and one (1) wall mounted sign per street frontage with a maximum of two (2) such wall mounted signs per building; free standing sign not to exceed forty (40) square feet in area; wall mounted signs not to exceed five (5%) of the wall area to which it is attached; minimum setback of twenty-five (25) feet from the front property line for a freestanding sign.
One (1) nameplate per tenant or lessee, not exceeding two (2) square feet in area; non-illuminated or indirectly illuminated only.
Informational signs, not exceeding twenty (20) square feet. Such signs shall be included in the computation for maximum square footage specified in 4.3112(1) above, and shall be freestanding only when included as a part of a permitted freestanding identification sign.
One (1) attraction board, wall mounted or attached to the permitted freestanding identification sign, the area of the attraction board to be included in the maximum permitted sign area.
Directional signs, not exceeding two (2) square feet in area shall be permitted only on major thoroughfare approaches; the top of which shall not exceed three (3) feet in height if freestanding. No such signs shall be permitted on minor residential streets.

SECTION 4.3112 AMENDED JUNE 8, 2009

Effective on: 1/1/1901

4.411

In determining the number of parking spaces (minimum space allowed will be 9' x 18') required, if such space results in fractional parts thereof, the number of said spaces required shall be construed to be the nearest whole number.

Effective on: 1/1/1901

4.412

Whenever a use is increased in floor area, such additional parking space shall be provided that the parking space specified herein for the whole area shall be available.

Effective on: 1/1/1901

4.413

For the purpose of these regulations, "Floor Area" in the case of offices, merchandising or service types of uses shall mean the gross floor area of the structure.

Effective on: 1/1/1901

4.414

Off-street parking facilities for one and two-family dwellings shall be located on the same lot or plat of ground as the building served. Off-street parking facilities for other than one and two-family dwellings shall be within three hundred (300) feet from such industry upon approval of the Board of Adjustment.

Effective on: 1/1/1901

4.415

The off-street parking facilities for uses not specifically mentioned herein shall be the same as those required for uses of a similar nature.

Effective on: 1/1/1901

4.416

Collective off-street parking facilities may be provided; however, such facilities shall be no less than the sum of such facilities as would otherwise be individually required.

Effective on: 1/1/1901

4.417

The amount of off-street parking space required for uses, buildings, or additions thereto shall be determined according to the following requirements, and the space so required shall be stated in the application for a building permit and shall be reserved for such use:

Use		^{Required Off-Street Parking Space}
One and two-family dwellings		Two (2) parking spaces for each family unit.
Multiple dwellings		One and one-half (1 1/2) parking spaces per family unit.
Tourist homes, cabins or motels		One (10) parking space for each sleeping room or suite including that of the owner or manager of residence on the premises.
Hospitals, sanitariums, convalescent homes and homes for the aged or similar use.		One (1) space for each three (3) patients, plus one (1) space for each two (2) employees and staff members.
Orphanages or similar uses		One (1) space for each ten (10) beds.
Hotels		One (1) space for each three (3) guest sleeping rooms.
Private clubs, fraternities, boarding		One (1) space for each two (2) guest sleeping rooms.
Community centers, libraries, museums, post offices, civic clubs, etc.		One (1) space for each one hundred (100) square feet of floor space.
Theaters and auditoriums (other than incidental to schools)		One (1) space for each four (4) seats plus one (1) additional space for each two (2) employees.
Churches and schools		One (1) space for each four (4) seats in a principal auditorium or one (1) space for each seventeen (17) classroom seats, whichever is greater.
Dance halls, pool and billiard halls and exhibition halls without fixed seats		One (1) space for each one hundred (100) square feet of floor area used for dancing or assembly.
Stadium or sports arenas		One (1) space for each four (4) seats.
Bowling alleys		Five (5) parking spaces for each alley.
Mortuaries or funeral homes		One (1) space for each fifty (50) square feet of floor space in the slumber rooms, parlors, or individual funeral service rooms.
Establishments for sale and consumption on the premises of beverages, food, or other refreshments excluding drive-in restaurants.		One (1) space for each one hundred (100) square feet of floor area plus one (1) space for each four (4) employees.
Medical or dental clinics, banks, business or professional offices		One (1) space for each two hundred (200) square feet of floor area.
Beauty parlors and barber shops		Two (2) spaces per barber and/or beauty shop operator.
All retail stores, including drive-in restaurants and other similar establishments except as otherwise specified herein.		Highway Commercial Zone-Two (2) square feet of parking space for every one (1) square foot of ground floor area.
Industrial establishments, including manufacturing, research and testing		One (1) space for each two (2) employees on the maximum working shift.
Warehouses and storage buildings		Sufficient parking space to accommodate employees and the loading and unloading of material.

Effective on: 1/1/1901

4.418 Off-street parking and loading regulations for all zones are as follows:

Any vehicle parking space in a commercial or industrial zone shall be used for parking only. Any other use of such space, including repair work or servicing of any kind, other than in an emergency, or the requirement of any payment for the use of such space shall be deemed to constitute a separate commercial use in violation of the provisions of these regulations.

No building or structure of any kind shall be erected in any off-street parking space except a parking garage containing parking spaces equal to the requirements of these regulations.

No signs shall be displayed in any such vehicle standing space except signs to direct the orderly use of such space.

The design of all off-street parking lots and means of access thereto shall be subject to the approval of the Board of Adjustment.

The vehicle parking space on any lot as set forth and designated in these regulations shall be deemed to be required open space on such lot, and shall not be reduced or encroached upon in any manner.

All parking spaces, drives, and isles in commercial and industrial zones shall be surfaced with a bituminous or other dust-free surface.

Effective on: 1/1/1901

4.419

In all commercial and industrial zones, a minimum area of three hundred (300) square feet per car shall be required in computing the total area to be devoted to parking.

Effective on: 1/1/1901

4.511

No structure or premises containing a non-conforming use shall hereinafter be expanded.

Effective on: 1/1/1901

4.512

Any structure containing a non-conforming use which has been damaged to the extent of seventy-five (75%) percent or more of its fair sales value immediately prior to damage shall not be replaced or reconstructed except in conformity with this ordinance.

Effective on: 1/1/1901

4.513

No non-conforming use may be re-established after it has been discontinued for one (1) year. Vacating of premises or building or non-operative status shall be evidence of a discontinued use.

Effective on: 1/1/1901

4.514

The Board of Adjustment shall not allow the enlargement or extension of a non-conforming use beyond the scope and area of its operation at the time of the regulation which makes its use non-conforming was adopted, nor shall the Board permit a change from one (1) non-conforming use to another unless the new non-conforming use is in the same or a more restrictive classification.

SECTION 4.514 AMENDED JUNE 8, 2009

Effective on: 1/1/1901

4.521

A non-conformance is created by an amendment to the Zoning Code or to the Zoning Map which is a part of the Code that is in conflict with the requirements of a Zoning District or the basic character of the area involved.

Effective on: 1/1/1901

4.522

A building may be non-conforming if it encroaches into the restricted area, i.e., it is not within the Comprehensive Plan for that area.

Effective on: 1/1/1901

4.523

A building may also exceed the permitted lot coverage; it may have a forbidden usage or occupancy; it may have insufficient parking facilities.

Effective on: 1/1/1901

4.524

A legal, non-conforming lot (lot of record) shall not be altered or reconfigured in a manner that increases its non-conformity, but may, with the Administrative Officer’s approval, be altered or reconfigured as long as the square footage and /or road frontage remains the same or is increased in a manner that reduces the non-conformity. However, the Administrative Officer may, at his/her discretion, refer the matter to the Planning Commission for review and approval.

SECTION 4.524 ADOPTED FEBRUARY 17, 2014

SECTION 4.524 ADOPTED APRIL 15, 2019

Effective on: 1/1/1901

automobile, vehicle or machinery junkyard

An automobile, vehicle or machinery junkyard means any place where two or more junked, wrecked, or non-operative automobiles, vehicles, machines and other similar scrap or salvage materials are deposited, parked, placed or otherwise located.

Effective on: 1/1/1901

Material junkyard

Material junkyard shall mean any establishment or place of business, including garbage dumps and sanitary fills, maintained, operated or used for storing, keeping, buying or selling of old or scrap copper, brass, batteries, paper, trash, rubber debris, wastes or motor vehicle parts, iron, steel and other old or scrap ferrous or non-ferrous material.

Effective on: 1/1/1901

4.641

Plan for Screening Junkyard: Any person operating a junkyard, which the Joint Planning Commission shall require to be screened in accordance with these regulations, shall submit a plan for such screening with application. The Administrative Official along with the Planning Commission shall approve the application before a permit for the operation of such junkyard shall be issued.

Effective on: 1/1/1901

4.642

Types of Approved Screening: Either artificial or natural screening may be used to conceal the junkyard from the view of motorists traveling on the road. All junkyards requiring screening, in order to ensure that the same shall be hidden from the view of motorists using the roads, shall be screened with shrubs, trees, flowering plants, foliage or other type of screening as shall first have been approved by the Planning Commission. The screening used must be serviceable, as well as pleasing to the sight.

4.651

Responsibility of Notification: It shall be the responsibility of the owner and/or operator of the junkyard to notify the administrative officer of the Planning Commission when the required screening has been erected in accordance with the regulation for screening. At the request of the Administrative Official, the District Engineer or their representative, shall then make an inspection to ensure that the screening conforms to this ordinance.

Effective on: 1/1/1901

4.652

Periodic Inspection: The Administrative Official and the District Engineer shall inspect junkyards periodically to insure that they are being operated in accordance with this Ordinance and the Department of Highways' rules and regulations, and shall require that fences and/or plant material be maintained in such a manner as to accomplish the objective of the law and regulations. If the inspection discloses that the junkyard is being operated in violation, the permittee shall be informed in writing, by registered mail, of the violations and instructed to make the necessary corrections.

Effective on: 1/1/1901

4.661

Issuance: A certificate of compliance will be issued after the required screening has been erected by the applicant and approved by the Planning Commission and the District Engineer and/or their designated representative, of the county in which the junkyard is located.

Effective on: 1/1/1901

4.662

Fee: The fee for a certificate of compliance is figured in relationship to the nature of the use (heavy industrial), and shall be figured at eighty (80) dollars plus eight (8) dollars per acre. The fee is to be paid upon application.

Effective on: 1/1/1901

4.663

Certificate of Compliance Not Required: Where auto and machinery scrap or other similar salvage materials are placed and kept upon the premises of a steel manufacturer for use in the normal course of carrying on its manufacturing process, such premises shall not be deemed to be an automobile, vehicle, or machinery junkyard.

Effective on: 1/1/1901

4.6421

Permanent Screening: The screening required may be affected by the construction of a fence built of either metal, wood or other suitable material, or by planting shrubs, trees or flowering plants, or other type of screening or a combination of these methods as approved by the Planning Commission and Administrative Official.

Effective on: 1/1/1901

4.6422

Temporary Screening: The Planning Commission will authorize the building of fences with the use of temporary material to achieve the screening of the junkyard during the period of years required for such plant material to achieve proper growth and to provide a cover throughout the twelve months of the year. The material used in such screening may include canvas or other fabrics erected upon a substantial frame with the understanding that such material is to be replaced as required by the Planning Commission when the plant materials achieve such growth as to accomplish the screening.

Effective on: 1/1/1901

4.6431

Fences: If planks are used to build a fence, spaces between the plans shall not permit the junkyard to be seen from the road by motorists. The plank fence shall be painted in color tones of black, brown, white or green as may be necessary to conceal it. If the fence is of aluminum or galvanized metal, painting will not be necessary unless there are noticeable rust spots; then the entire fence which can be seen by the public must be painted.

Height - the fence must be of sufficient height to achieve the screening necessary according to the individual situation, and it shall be of uniform height throughout its length unless the Planning Commission approves a variation in such height. A minimum of six (6) feet in height will be set.
Supports - poles or supports shall be placed on the inside of the fence away from the highway or roadway, unless hidden by evergreen foliage.

Effective on: 1/1/1901

4.6432

Foliage: When foliage is used to screen the junkyard from the view of motorists, it must be of the evergreen type in order to insure that the junkyard will be screened the year around. In those areas where temporary screening is permitted, foliage which is not of the evergreen type may be allowed if used in conjunction with tall hedge plants.

Effective on: 1/1/1901

Wilmore City Zoning Code

ARTICLE IV

REGULATIONS

4.1 PLANNED UNIT DEVELOPMENT

SECTION 4.1 PLANNED UNIT DEVELOPMENT WAS DELETED IN IT'S ENTIRETY BY RECOMMENDATION OF THE JOINT PLANNING COMMISSION AND BY FINAL APPROVAL OF THE WILMORE CITY COUNCIL, ON JULY 19, 2010

Effective on: 1/1/1901

4.4 OFF-STREET PARKING AND LOADING

4.7

DEFINITIONS:

CELLULAR ANTENNA: Any structure or device used to collect or radiate electromagnetic waves, including both directional antennas, such as panels, microwave dishes and satellite dishes, and omnidirectional antennas, such as whips, at frequencies on the electromagnetic spectrum as the FCC from time to time may designate, used for cellular telecommunications services and/or personal communications services, but not including such structures or devices when used for the broadcast of television of AM or FM radio stations or for citizens' band or amateur radio use. Examples of cellular telecommunications or personal communications services include, but are not limited to, cellular telephone, paging, public safety, data transmission. Specialized Mobile Radio, Enhanced Specialized Mobile Radio, and other commercial private radio services.
CELLULAR ANTENNA TOWER: Any structure that is designed and constructed primarily for the purpose of supporting one or more cellular antennas. This includes guyed towers, lattice towers, monopoles, alternative cellular antenna tower structures and towers taller than 15 feet constructed on the top of another building, along with any separate building on the lot used to house any supporting electronic equipment.
CO-LOCATION: Locating one or more cellular antennas for more than one provider on a single cellular antenna tower or alternative cellular antenna tower structure on a single lot.
HEIGHT, ANTENNA TOWER: The distance from the anchored base of the tower, whether on the top of another building or at grade, to the highest point of the structure, even if the highest point is the top of an antenna.
TELECOMMUNICATIONS FACILITY: The lot, tract, or parcel of land that contains the telecommunications antenna, its support structure, any accessory buildings, and parking, and may include other uses associated with and ancillary to telecommunications transmission.

ANTENNA TOWERS FOR CELLULAR TELECOMMUNICATIONS SERVICES OR PERSONAL COMMUNICATIONS SERVICES (Cellular antenna towers or alternative tower structures):

General Provisions:
1. Notice of Filing:
  1. Notice of any request filed under this section shall be sent by the applicant by first class mail to the owner of every parcel of property within 1000 feet of the tower, to the owner of every parcel of property adjoining at any point the property from which the applicant proposes to create the tower site, and to the owner of every parcel of property directly across the street from said property. Notice shall also be sent by the applicant to the Mayor of the City in which the tower site is proposed, if the tower is proposed to be located within the corporate limits of a City or to the County Judge/Executive, if the tower is proposed to be located in the unincorporated area of Jessamine County.
    Such notices shall include the address and telephone number of the Planning Commission's office, and a statement that the recipient has the right to submit testimony to the Planning Commission, either in writing or by appearance at any Committee or Commission meeting scheduled for review of the request. Such notices by first class mail shall be mailed no sooner than the date of acceptance of the application by the Planning Commission and no later than two (2) work days subsequent to the application. An attorney shall certify within five (5) days of mailing that the required notices have been sent.
  2. The applicant shall furnish to the Planning Commission with the attorney certification a copy of the notices required by 1. a. (1) above and the names and addresses of the owners of property and the governmental officials to whom the required notices will be sent. Records maintained by the property Valuation Administrator may be relied upon to determine the identity and address of said owners. If the property is in a cooperative form of ownership or has co-owners. notice may be in the manner described in KRS 100.214 (2) for such ownership. The applicant shall obtain the name and address of the applicable governmental officials from the Planning Commission through its authorized representative.
  3. Notice of the filing of the request shall be posted conspicuously in a visible location on the proposed site of the telecommunications facility and in a visible location on the nearest public road at the same time that notice by first class mail is sent. The applicant shall certify that the postings have been made. The notices shall remain until the Planning Commission issues its final decision or sixty (60) days has passed since acceptance of the request by the Planning Commission, whichever occurs first. The posting shall be as follows:
    1. Each sign shall be at least two (2) feet by four (4) feet in size;
    2. Each sign shall state: "(Name of applicant) proposes to construct a telecommunications tower and/or facility on this site. If you have questions, please contact (name and address of applicant). Information on the Planning Commission's review of this proposal may be obtained by calling the Planning Commission at (859) 885-6415."
    3. In both posted notices, the words "proposes to construct a telecommunications tower and/or facility" shall be printed in letters at least four (4) inches in height, and the words "Jessamine County-City of Wilmore Joint Planning Commission at (859) 885-6415" shall be painted in letters at least one (1) inch in height. Both signs shall be constructed of durable, weatherproof material.
    4. Any such signs may also include any notices required to be made by regulations of the Kentucky public Service Commission including 807 KAR 5:063 (as now in effect, or as amended).
2. Documentation: Any request filed under this Section B, for review of a proposal to construct an antenna tower shall include the following:
  1. An indication that the information that the applicant is required by 807 KAR 5:063. (as now in effect, or as amended) to submit to the Commonwealth of Kentucky Public Service Commission is available to be sent promptly to the Planning Commission upon its written request;
  2. A copy of the applicant's FCC license, or, if the applicant is not an FCC license holder, a copy of at least one letter of commitment from an FCC license holder to locate at least one antenna on the applicant's tower.
  3. Unless co-locating, certification, supported by evidence, that co-location of the proposed telecommunications facility with an existing approved tower or facility cannot be reasonably accommodated or that a new facility configured for multiple carriers. The applicant's certification shall include a listing of all existing towers and facilities, a description of each existing site, and a discussion of the ability or inability to reasonably co-locate on each existing site according to the following table:
    - For a tower proposed to be 200 feet or more tall, all towers and facilities within a one (1.0) mile radius of the proposed site
    - For a tower proposed to be less than 200 feet tall, all towers and facilities within a one (1.0) mile radius of the proposed site
    - Notwithstanding the foregoing, for any size tower proposed to be located in the following zone(s): Commercial, Industrial, or Professional, all towers within a one half (0.5) mile radius of the proposed site

Reasons for not co-locating on a site would include, but not be limited to, the following:

a. No existing towers or facilities are located within the above radius of the site;

b.Existing towers or facilities are not of sufficient height to meet the applicant's engineering requirements.
c. Existing towers or facilities do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.

e. Unwillingness of the owner of the existing tower or facility to entertain a reasonable co-location proposal;

f. Existing towers or facilities do not have sufficient structural strength to support applicant's proposed antenna and related equipment;

(4) Unless co-locating, certification, supported by evidence, that there is no other site which is materially better from a land use perspective within the immediate area for the location of the telecommunications facility. The applicant's certification shall include a listing of potential sites, a description of each potential site, and a discussion of the ability or inability of the site to host a telecommunications facility according to the following table:

Notwithstanding the foregoing, for any size tower proposed to be located in the following zone(s): Commercial, Industrial, or Professional, all potential sites within a one half (0.5) mile radius of the proposed site.
For a tower proposed to be less than 200 feet tall, all potential sites within a one (1.0) mile radius of the proposed site.
For a tower proposed to be 200 or more feet tall, all potential sites within a one (1.0) mile radius of the proposed site;

1. 1. 1. 1. Unwillingness of the site owner to entertain a telecommunications facility;
      2. Economically impractical;
      3. Topographic limitations of the site;
      4. Adjacent impediments that would obstruct adequate cellular telecommunications and/or personal communications transmission;
      5. Physical site constraints that would preclude the construction of a telecommunications facility;
      6. Technical limitations of the telecommunications system;
      7. Existing potential sites do not provide an acceptable location for requisite coverage for the applicant's communications network;
    1. At the time the applicant files an application for review under these regulations, a listing of the present locations of the applicant's telecommunications towers and/or facilities in Jessamine County, to include co location sites.
    2. A pictorial representation, such as a silhouette drawing, photograph, etc. of the proposed telecommunications facility from a point 150 to 600 feet from the facility for at least two (2) of the four (4) compass directions (to the extent practicable considering vegetation, buildings, or other obstructions) showing the relationship of the tower and/or facilities against the massing of surrounding structures, trees, and other intervening visual masses. Notwithstanding the foregoing, the applicant shall not be required to purchase temporary easement or license rights to allow it to make drawings or photographs from particular vantage points. A reasonable pictorial representation of the site may be substituted for the aforementioned specified compass direction representations if it is not practical to comply with the express terms of this paragraph and the Planning Commission is notified in writing of such practical difficulty.
    3. A justification statement demonstrating that the proposed construction is in agreement with the Comprehensive Plan.
    4. All new telecommunications facilities shall be configured to accommodate at least two (2) telecommunications providers.
1. Design Standards: At the time of filing of a request under this Section B., the applicant shall provide information demonstrating compliance with the requirements listed below. Where the Planning Commission finds that the conditions or circumstances relating to the particular application are such that one or more of the requirements listed below are not necessary or desirable for the protection of surrounding property or the public health, safety, or welfare, either at the time of application or in the foreseeable future, and that such special conditions and circumstances make one or more said requirements unduly burdensome, the Planning Commission may modify or waive such requirement, either permanently or on a temporary basis. Any such modification or waiver shall be requested by the applicant, and the applicant shall submit a written justification for each requested modification or waiver.
  1. The site shall be landscaped in accordance with the requirements of the Zoning Regulations, if any, for utility substations. If the site is an easement, the boundaries of the tract on which the easement is located shall be treated as the property boundaries.
  2. Any monopole, guyed, lattice, or similar type cellular antenna tower and any alternative cellular antenna tower structure similar to these towers, such as light poles, shall be maintained in either galvanized steel finish or be painted light gray or light blue in color. Alternate sections of aviation orange and aviation white paint may be used ONLY when the FAA finds that none of the alternatives to such marking are acceptable.
  3. Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA). Upon commencement of construction of a cellular tower, in cases where there are residential uses located within a distance which is three hundred (300) percent of the height of the cellular tower from the cellular tower and when required by federal law, dual mode lighting shall be requested from the FAA.
  4. The site shall be unstaffed. Personnel may periodically visit the site for maintenance, equipment modification or repairs. To accommodate such visits, access shall be only from access points approved by the applicable Works Department, and there shall be provided on site an area sufficient to accommodate the parking of the service vehicle.
  5. The site shall be enclosed by a security fence of a minimum height of six (6) feet, and the fence may be located in any required yard.
  6. If the use of any cellular antenna or cellular antenna tower or alternative cellular antenna tower structure is discontinued, the owner shall provide the Planning Commission with a copy of the notice to the FCC of intent to cease operations within thirty (30) days of such notice to the FCC. If the cellular antenna or cellular antenna tower or alternative cellular antenna tower structure will not be reused, the owner shall have one hundred eighty (180) days from submittal of the FCC notice to the Planning Commission to obtain a demolition permit and remove the antenna or tower that not be reused. If the cellular antenna or cellular antenna tower or alternative cellular antenna tower structure is to be reused, the owner shall have no more than twelve (12) months from submittal of the FCC notice to the Planning Commission in which to commence new operation of the antenna or tower to be reused. Upon failure to commence new operation of the antenna or tower that is to be reused within twelve (12) months, the cellular antenna or cellular antenna tower or alternative cellular antenna tower structure shall be presumed abandoned, and the owner shall obtain within ninety (90) days of the expiration of the twelve (12) month period, a demolition permit and remove the antenna or tower that is presumed abandoned within sixty (60) days of obtaining the demolition permit. If the owner fails to remove an antenna or tower in the time provided by this paragraph, the Planning Commission may, on grounds of public safety, health, and welfare, cause the demolition and removal of the antenna or tower and recover its costs of demolition and removal.
  7. The only signs allowed shall be emergency information signs, owner contact information, warning or safety instructions, and signs required by a federal, state, or local agency. Such signs shall not exceed five (5) square feet in area
2. Existing Telecommunications Facilities.
Telecommunications facilities in existence on the date of the adoption of this ordinance which do not comply with this ordinance ("existing telecommunications facilities") are subject to the following provisions:
1. Existing telecommunication facilities may continue in use for the purpose now used, but may not be expanded or replaced without complying with this ordinance, except as further provided in this section.
2. Existing telecommunications facilities which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location and physical dimensions subject to obtaining a building permit therefor, but without otherwise complying with this ordinance.
3. The owner of any existing telecommunications facility may replace, repair, rebuild and/or expand such telecommunications facility to accommodate co-located antennas or facilities, or to upgrade the facilities to current engineering, technological or communications standards by obtaining a building permit therefor, and without having to conform to the provisions of this ordinance (including, but not limited to, provisions of this ordinance regarding notice to local zoning authorities or posting of signs) or to otherwise request local zoning approvals, so long as such facilities are not increased in height by more than 50% and or setbacks are not decreased by more than 50%.
4. Any such replacement, repair, reconstruction or enlargement shall not violate the design standards described in B.2 above beyond that existing at the date of the adoption of this ordinance.

INCORPORATION BY REFERENCE OF HB#168 AS CODIFIED IN KRS 100.324, 100.985 and 100.987.
HB#168 as enacted, and as now codified at KRS 100.324, 100.985, and 100.987, is hereby incorporated by reference into this Regulation. The Planning Commission and City Council adopting this Regulation shall comply with said statute as it is applicable to such entity. Among other requirements, said statute requires that the Planning Commission advise the applying utility in writing of its final decision within sixty (60) days commencing from the date that the uniform application (as defined in said statute) is received by the Planning Commission or within a date certain specified in a written agreement between the local Planning Commission and the utility.
SEVERABILITY
That if any clause, section, or other part of this Regulation shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Regulation shall not be affected thereby, but shall remain in full force and effect.
CONFLICTS
That all Regulations or parts of Regulations in conflict herewith are hereby repealed.

SECTION 4.7 ADOPTED MAY 3, 1999

Effective on: 1/1/1901

4.21 MOBILE HOME DEFINED

Effective on: 1/1/1901

4.22 MOBILE HOME PARK

Effective on: 1/1/1901

4.23 MOBILE HOME SUBDIVISIONS

Effective on: 1/1/1901

4.24 MOBILE HOMES PERMITTED

Effective on: 1/1/1901

4.25 DEVELOPMENT STANDARDS

The following property development standards shall apply for all Mobile Home Parks:

Each mobile home lot or space shall not be less than five thousand (5,000) square feet in area and shall not be less than fifty (50) feet in width.
No mobile home shall be located closer than thirty (30) feet from the right-of-way line of any street nor any closer than twenty (20) feet from any other boundary line of the mobile home park.
There shall be a front yard setback often (10) feet from all access roads within the mobile home park.
There shall be a minimum side spacing between mobile homes of not less than thirty (30) feet and no mobile home shall be placed less than five (5) feet from the lot line, and the end-to-end spacing of not less than twenty (20) feet between mobile homes shall be adhered to.
No building or structure erected or altered in a mobile home park shall exceed one (1) story of fifteen (15) feet in height.
Each mobile home space shall be provided with a 4" concrete patio of at least two hundred (200) square feet and a storage locker of at least one hundred (100) cubic feet. Storage lockers may be located in locker compounds.
All mobile home spaces shall abut a paved driveway of not less than twelve (120) feet in width, which shall have unobstructed access to a public street.
There shall be at least two (2) asphalt or other suitable material off-street parking spaces for each trailer space, which shall be on the same site as the trailer served, and may be located in the rear or side yard of said trailer space.
There shall be established and maintained within each park an automobile parking area for the use of guests. The number of spaces within this area shall be equal to one (1) for every four (4) trailer sites.
Access roads within a mobile home park shall be all paved roads with a width of not less than twenty (20) feet.
Each mobile home space shall be provided with a connection to a city or county sanitary sewer line or septic system meeting city/county or state standards.
Trailers, with or without toilet facilities, that cannot be connected to a sanitary sewer line or septic system, shall not be permitted in a mobile home park.
Running water from a public or state tested and approved water supply shall be piped into each mobile home and shall be adequately protected from frost. All sources of water to each individual mobile home site shall be underground and in no event shall rubber hose or other temporary measures be used.
All electric lines leading to each mobile home space shall be underground and shall be provided with three (3) wire balanced 115 or 230 volts supply. When separate meters are installed, each meter shall be located on a uniform, standard post on the lot line of each mobile home space, wiring shall comply with applicable local and state electrical codes.
Street and yard lights, sufficient in number and intensity to permit the safe movement of vehicles and pedestrians at night, shall be provided and shall be effectively related to buildings, trees, walls, steps, and ramps. Said lighting shall be so located and arranged that it will not shine, reflect or glare into public streets or residential areas.
There shall be no storage of any kind underneath any mobile home, and each mobile home shall be maintained in a clean and presentable condition at all times.
Every lot shall be provided with a substantial fly-tight, metal garbage depository from which the contents shall be removed by the operator of the mobile home park. Said depository shall be provided with suitable dry well drainage.
All fuel, oil and gas tanks shall be located on each mobile home site in a uniform manner. All tanks shall be elevated on non-combustible stands placed on a concrete base if not of the underground type.
Cabanas and other similar enclosed structures are prohibited.
Mobile homes shall not be used for commercial, industrial, or other non-residential uses within the mobile home parks.
All mobile homes shall be attached to a permanent foundation with wheels removed.

Effective on: 1/1/1901

4.26 APPLICATION FOR MOBILE HOME PARK PERMIT

An application for a mobile home park permit shall be as regulated hereunder and as in the Uniform Building Code.

The location and legal description of the proposed mobile home park;
Plans and specifications of all buildings, improvements, and facilities constructed or to be constructed within the mobile home park;
The proposed use of buildings shown on the site;
The location and size of all mobile home spaces;
The location of all points of entry and exit for motor vehicles and internal circulation pattern;
The location of all lighting standards to be provided;
The location of all walls and fences and indication of their height and the materials of their construction;
The name and address of the applicant; and
Such other architectural and engineering data as may be required to permit the Building Inspector and Planning Commission to determine if the provisions of this Ordinance are being complied with.

Effective on: 1/1/1901

4.27 REVOCATION OF LICENSE

Effective on: 1/1/1901

4.28 NONCONFORMING MOBILE HOMES AND MOBILE HOME PARKS

Effective on: 1/1/1901

4.31

4.32

Effective on: 1/1/1901

4.33 MISCELLANEOUS SIGN PROVISIONS

Effective on: 1/1/1901

4.34 VIOLATIONS

Effective on: 1/1/1901

4.42 LOADING SPACE REQUIREMENTS

Effective on: 1/1/1901

4.51

4.52

A non-conformance is a building or lot or the use thereof which does not agree with the requirements of the Zoning District where situated.

4.62

Effective on: 1/1/1901

4.63

Effective on: 1/1/1901

4.65 INSPECTION

4.67 PROCEDURE FOR OBTAINING CERTIFICATE OF COMPLIANCE

Applicant must obtain application from the Planning Office of Administration.

Three (3) copies of the application are to be prepared and submitted, along with the plan for screening the junkyard, and fifteen (15) copies of a plat of land to be used.

The Planning Commission will receive the application and plans for screening and after review will hold a public hearing at which time discussion of the application and plan will take place.

Upon approval the applicant may proceed with plans as submitted.

Effective on: 1/1/1901

4.311

Effective on: 1/1/1901

4.312

Effective on: 1/1/1901

4.313

Effective on: 1/1/1901

4.314

Effective on: 1/1/1901

4.315

In any zone signs advertising the property on which they are located for sale, rent lease, or trade may be erected and set forth in area and distance as follows:

Area in Signs	Distance from Right-of-way Line
12 square feet or less	12 feet
13 to 20 square feet	50 feet
21 to 40 square feet	100 feet
41 to 60 square feet	150 feet

Provided, further, that no such sign in any zone shall exceed sixty (60) feet in area.

Effective on: 1/1/1901

4.316

Effective on: 1/1/1901

4.317

SECTION 4.317 AMENDED JUNE 8, 2009

Effective on: 1/1/1901

4.318

Effective on: 1/1/1901

4.319

Effective on: 1/1/1901

4.3110

Signs or other outdoor advertising which involve lighting or motion resembling traffic or directional signals, or warnings such as "stop" and "danger", are prohibited.

Effective on: 1/1/1901

4.3111

Effective on: 1/1/1901

4.3112 Professional Office

Identification signs, limited to one (1) freestanding sign per building and one (1) wall mounted sign per street frontage with a maximum of two (2) such wall mounted signs per building; free standing sign not to exceed forty (40) square feet in area; wall mounted signs not to exceed five (5%) of the wall area to which it is attached; minimum setback of twenty-five (25) feet from the front property line for a freestanding sign.
One (1) nameplate per tenant or lessee, not exceeding two (2) square feet in area; non-illuminated or indirectly illuminated only.
Informational signs, not exceeding twenty (20) square feet. Such signs shall be included in the computation for maximum square footage specified in 4.3112(1) above, and shall be freestanding only when included as a part of a permitted freestanding identification sign.
One (1) attraction board, wall mounted or attached to the permitted freestanding identification sign, the area of the attraction board to be included in the maximum permitted sign area.
Directional signs, not exceeding two (2) square feet in area shall be permitted only on major thoroughfare approaches; the top of which shall not exceed three (3) feet in height if freestanding. No such signs shall be permitted on minor residential streets.

SECTION 4.3112 AMENDED JUNE 8, 2009

Effective on: 1/1/1901

4.411

Effective on: 1/1/1901

4.412

Whenever a use is increased in floor area, such additional parking space shall be provided that the parking space specified herein for the whole area shall be available.

Effective on: 1/1/1901

4.413

For the purpose of these regulations, "Floor Area" in the case of offices, merchandising or service types of uses shall mean the gross floor area of the structure.

Effective on: 1/1/1901

4.414

Effective on: 1/1/1901

4.415

The off-street parking facilities for uses not specifically mentioned herein shall be the same as those required for uses of a similar nature.

Effective on: 1/1/1901

4.416

Collective off-street parking facilities may be provided; however, such facilities shall be no less than the sum of such facilities as would otherwise be individually required.

Effective on: 1/1/1901

4.417

Use		^{Required Off-Street Parking Space}
One and two-family dwellings		Two (2) parking spaces for each family unit.
Multiple dwellings		One and one-half (1 1/2) parking spaces per family unit.
Tourist homes, cabins or motels		One (10) parking space for each sleeping room or suite including that of the owner or manager of residence on the premises.
Hospitals, sanitariums, convalescent homes and homes for the aged or similar use.		One (1) space for each three (3) patients, plus one (1) space for each two (2) employees and staff members.
Orphanages or similar uses		One (1) space for each ten (10) beds.
Hotels		One (1) space for each three (3) guest sleeping rooms.
Private clubs, fraternities, boarding		One (1) space for each two (2) guest sleeping rooms.
Community centers, libraries, museums, post offices, civic clubs, etc.		One (1) space for each one hundred (100) square feet of floor space.
Theaters and auditoriums (other than incidental to schools)		One (1) space for each four (4) seats plus one (1) additional space for each two (2) employees.
Churches and schools		One (1) space for each four (4) seats in a principal auditorium or one (1) space for each seventeen (17) classroom seats, whichever is greater.
Dance halls, pool and billiard halls and exhibition halls without fixed seats		One (1) space for each one hundred (100) square feet of floor area used for dancing or assembly.
Stadium or sports arenas		One (1) space for each four (4) seats.
Bowling alleys		Five (5) parking spaces for each alley.
Mortuaries or funeral homes		One (1) space for each fifty (50) square feet of floor space in the slumber rooms, parlors, or individual funeral service rooms.
Establishments for sale and consumption on the premises of beverages, food, or other refreshments excluding drive-in restaurants.		One (1) space for each one hundred (100) square feet of floor area plus one (1) space for each four (4) employees.
Medical or dental clinics, banks, business or professional offices		One (1) space for each two hundred (200) square feet of floor area.
Beauty parlors and barber shops		Two (2) spaces per barber and/or beauty shop operator.
All retail stores, including drive-in restaurants and other similar establishments except as otherwise specified herein.		Highway Commercial Zone-Two (2) square feet of parking space for every one (1) square foot of ground floor area.
Industrial establishments, including manufacturing, research and testing		One (1) space for each two (2) employees on the maximum working shift.
Warehouses and storage buildings		Sufficient parking space to accommodate employees and the loading and unloading of material.

Effective on: 1/1/1901

4.418 Off-street parking and loading regulations for all zones are as follows:

No building or structure of any kind shall be erected in any off-street parking space except a parking garage containing parking spaces equal to the requirements of these regulations.

No signs shall be displayed in any such vehicle standing space except signs to direct the orderly use of such space.

The design of all off-street parking lots and means of access thereto shall be subject to the approval of the Board of Adjustment.

The vehicle parking space on any lot as set forth and designated in these regulations shall be deemed to be required open space on such lot, and shall not be reduced or encroached upon in any manner.

All parking spaces, drives, and isles in commercial and industrial zones shall be surfaced with a bituminous or other dust-free surface.

Effective on: 1/1/1901

4.419

In all commercial and industrial zones, a minimum area of three hundred (300) square feet per car shall be required in computing the total area to be devoted to parking.

Effective on: 1/1/1901

4.511

No structure or premises containing a non-conforming use shall hereinafter be expanded.

Effective on: 1/1/1901

4.512

Effective on: 1/1/1901

4.513

No non-conforming use may be re-established after it has been discontinued for one (1) year. Vacating of premises or building or non-operative status shall be evidence of a discontinued use.

Effective on: 1/1/1901

4.514

SECTION 4.514 AMENDED JUNE 8, 2009

Effective on: 1/1/1901

4.521

Effective on: 1/1/1901

4.522

A building may be non-conforming if it encroaches into the restricted area, i.e., it is not within the Comprehensive Plan for that area.

Effective on: 1/1/1901

4.523

A building may also exceed the permitted lot coverage; it may have a forbidden usage or occupancy; it may have insufficient parking facilities.

Effective on: 1/1/1901

4.524

SECTION 4.524 ADOPTED FEBRUARY 17, 2014

SECTION 4.524 ADOPTED APRIL 15, 2019

Effective on: 1/1/1901

automobile, vehicle or machinery junkyard

Effective on: 1/1/1901

Material junkyard

Effective on: 1/1/1901

4.641

Effective on: 1/1/1901

4.642

4.651

Effective on: 1/1/1901

4.652

Effective on: 1/1/1901

4.661

Effective on: 1/1/1901

4.662

Effective on: 1/1/1901

4.663

Effective on: 1/1/1901

4.6421

Effective on: 1/1/1901

4.6422

Effective on: 1/1/1901

4.6431

Height - the fence must be of sufficient height to achieve the screening necessary according to the individual situation, and it shall be of uniform height throughout its length unless the Planning Commission approves a variation in such height. A minimum of six (6) feet in height will be set.
Supports - poles or supports shall be placed on the inside of the fence away from the highway or roadway, unless hidden by evergreen foliage.

Effective on: 1/1/1901

4.6432

Effective on: 1/1/1901

Wilmore City Zoning Code

ARTICLE IV

REGULATIONS

4.1 PLANNED UNIT DEVELOPMENT

SECTION 4.1 PLANNED UNIT DEVELOPMENT WAS DELETED IN IT'S ENTIRETY BY RECOMMENDATION OF THE JOINT PLANNING COMMISSION AND BY FINAL APPROVAL OF THE WILMORE CITY COUNCIL, ON JULY 19, 2010

Effective on: 1/1/1901

4.4 OFF-STREET PARKING AND LOADING

4.7

DEFINITIONS:

CELLULAR ANTENNA: Any structure or device used to collect or radiate electromagnetic waves, including both directional antennas, such as panels, microwave dishes and satellite dishes, and omnidirectional antennas, such as whips, at frequencies on the electromagnetic spectrum as the FCC from time to time may designate, used for cellular telecommunications services and/or personal communications services, but not including such structures or devices when used for the broadcast of television of AM or FM radio stations or for citizens' band or amateur radio use. Examples of cellular telecommunications or personal communications services include, but are not limited to, cellular telephone, paging, public safety, data transmission. Specialized Mobile Radio, Enhanced Specialized Mobile Radio, and other commercial private radio services.
CELLULAR ANTENNA TOWER: Any structure that is designed and constructed primarily for the purpose of supporting one or more cellular antennas. This includes guyed towers, lattice towers, monopoles, alternative cellular antenna tower structures and towers taller than 15 feet constructed on the top of another building, along with any separate building on the lot used to house any supporting electronic equipment.
CO-LOCATION: Locating one or more cellular antennas for more than one provider on a single cellular antenna tower or alternative cellular antenna tower structure on a single lot.
HEIGHT, ANTENNA TOWER: The distance from the anchored base of the tower, whether on the top of another building or at grade, to the highest point of the structure, even if the highest point is the top of an antenna.
TELECOMMUNICATIONS FACILITY: The lot, tract, or parcel of land that contains the telecommunications antenna, its support structure, any accessory buildings, and parking, and may include other uses associated with and ancillary to telecommunications transmission.

ANTENNA TOWERS FOR CELLULAR TELECOMMUNICATIONS SERVICES OR PERSONAL COMMUNICATIONS SERVICES (Cellular antenna towers or alternative tower structures):

General Provisions:
1. Notice of Filing:
  1. Notice of any request filed under this section shall be sent by the applicant by first class mail to the owner of every parcel of property within 1000 feet of the tower, to the owner of every parcel of property adjoining at any point the property from which the applicant proposes to create the tower site, and to the owner of every parcel of property directly across the street from said property. Notice shall also be sent by the applicant to the Mayor of the City in which the tower site is proposed, if the tower is proposed to be located within the corporate limits of a City or to the County Judge/Executive, if the tower is proposed to be located in the unincorporated area of Jessamine County.
    Such notices shall include the address and telephone number of the Planning Commission's office, and a statement that the recipient has the right to submit testimony to the Planning Commission, either in writing or by appearance at any Committee or Commission meeting scheduled for review of the request. Such notices by first class mail shall be mailed no sooner than the date of acceptance of the application by the Planning Commission and no later than two (2) work days subsequent to the application. An attorney shall certify within five (5) days of mailing that the required notices have been sent.
  2. The applicant shall furnish to the Planning Commission with the attorney certification a copy of the notices required by 1. a. (1) above and the names and addresses of the owners of property and the governmental officials to whom the required notices will be sent. Records maintained by the property Valuation Administrator may be relied upon to determine the identity and address of said owners. If the property is in a cooperative form of ownership or has co-owners. notice may be in the manner described in KRS 100.214 (2) for such ownership. The applicant shall obtain the name and address of the applicable governmental officials from the Planning Commission through its authorized representative.
  3. Notice of the filing of the request shall be posted conspicuously in a visible location on the proposed site of the telecommunications facility and in a visible location on the nearest public road at the same time that notice by first class mail is sent. The applicant shall certify that the postings have been made. The notices shall remain until the Planning Commission issues its final decision or sixty (60) days has passed since acceptance of the request by the Planning Commission, whichever occurs first. The posting shall be as follows:
    1. Each sign shall be at least two (2) feet by four (4) feet in size;
    2. Each sign shall state: "(Name of applicant) proposes to construct a telecommunications tower and/or facility on this site. If you have questions, please contact (name and address of applicant). Information on the Planning Commission's review of this proposal may be obtained by calling the Planning Commission at (859) 885-6415."
    3. In both posted notices, the words "proposes to construct a telecommunications tower and/or facility" shall be printed in letters at least four (4) inches in height, and the words "Jessamine County-City of Wilmore Joint Planning Commission at (859) 885-6415" shall be painted in letters at least one (1) inch in height. Both signs shall be constructed of durable, weatherproof material.
    4. Any such signs may also include any notices required to be made by regulations of the Kentucky public Service Commission including 807 KAR 5:063 (as now in effect, or as amended).
2. Documentation: Any request filed under this Section B, for review of a proposal to construct an antenna tower shall include the following:
  1. An indication that the information that the applicant is required by 807 KAR 5:063. (as now in effect, or as amended) to submit to the Commonwealth of Kentucky Public Service Commission is available to be sent promptly to the Planning Commission upon its written request;
  2. A copy of the applicant's FCC license, or, if the applicant is not an FCC license holder, a copy of at least one letter of commitment from an FCC license holder to locate at least one antenna on the applicant's tower.
  3. Unless co-locating, certification, supported by evidence, that co-location of the proposed telecommunications facility with an existing approved tower or facility cannot be reasonably accommodated or that a new facility configured for multiple carriers. The applicant's certification shall include a listing of all existing towers and facilities, a description of each existing site, and a discussion of the ability or inability to reasonably co-locate on each existing site according to the following table:
    - For a tower proposed to be 200 feet or more tall, all towers and facilities within a one (1.0) mile radius of the proposed site
    - For a tower proposed to be less than 200 feet tall, all towers and facilities within a one (1.0) mile radius of the proposed site
    - Notwithstanding the foregoing, for any size tower proposed to be located in the following zone(s): Commercial, Industrial, or Professional, all towers within a one half (0.5) mile radius of the proposed site

Reasons for not co-locating on a site would include, but not be limited to, the following:

a. No existing towers or facilities are located within the above radius of the site;

b.Existing towers or facilities are not of sufficient height to meet the applicant's engineering requirements.
c. Existing towers or facilities do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.

e. Unwillingness of the owner of the existing tower or facility to entertain a reasonable co-location proposal;

f. Existing towers or facilities do not have sufficient structural strength to support applicant's proposed antenna and related equipment;

(4) Unless co-locating, certification, supported by evidence, that there is no other site which is materially better from a land use perspective within the immediate area for the location of the telecommunications facility. The applicant's certification shall include a listing of potential sites, a description of each potential site, and a discussion of the ability or inability of the site to host a telecommunications facility according to the following table:

Notwithstanding the foregoing, for any size tower proposed to be located in the following zone(s): Commercial, Industrial, or Professional, all potential sites within a one half (0.5) mile radius of the proposed site.
For a tower proposed to be less than 200 feet tall, all potential sites within a one (1.0) mile radius of the proposed site.
For a tower proposed to be 200 or more feet tall, all potential sites within a one (1.0) mile radius of the proposed site;

1. 1. 1. 1. Unwillingness of the site owner to entertain a telecommunications facility;
      2. Economically impractical;
      3. Topographic limitations of the site;
      4. Adjacent impediments that would obstruct adequate cellular telecommunications and/or personal communications transmission;
      5. Physical site constraints that would preclude the construction of a telecommunications facility;
      6. Technical limitations of the telecommunications system;
      7. Existing potential sites do not provide an acceptable location for requisite coverage for the applicant's communications network;
    1. At the time the applicant files an application for review under these regulations, a listing of the present locations of the applicant's telecommunications towers and/or facilities in Jessamine County, to include co location sites.
    2. A pictorial representation, such as a silhouette drawing, photograph, etc. of the proposed telecommunications facility from a point 150 to 600 feet from the facility for at least two (2) of the four (4) compass directions (to the extent practicable considering vegetation, buildings, or other obstructions) showing the relationship of the tower and/or facilities against the massing of surrounding structures, trees, and other intervening visual masses. Notwithstanding the foregoing, the applicant shall not be required to purchase temporary easement or license rights to allow it to make drawings or photographs from particular vantage points. A reasonable pictorial representation of the site may be substituted for the aforementioned specified compass direction representations if it is not practical to comply with the express terms of this paragraph and the Planning Commission is notified in writing of such practical difficulty.
    3. A justification statement demonstrating that the proposed construction is in agreement with the Comprehensive Plan.
    4. All new telecommunications facilities shall be configured to accommodate at least two (2) telecommunications providers.
1. Design Standards: At the time of filing of a request under this Section B., the applicant shall provide information demonstrating compliance with the requirements listed below. Where the Planning Commission finds that the conditions or circumstances relating to the particular application are such that one or more of the requirements listed below are not necessary or desirable for the protection of surrounding property or the public health, safety, or welfare, either at the time of application or in the foreseeable future, and that such special conditions and circumstances make one or more said requirements unduly burdensome, the Planning Commission may modify or waive such requirement, either permanently or on a temporary basis. Any such modification or waiver shall be requested by the applicant, and the applicant shall submit a written justification for each requested modification or waiver.
  1. The site shall be landscaped in accordance with the requirements of the Zoning Regulations, if any, for utility substations. If the site is an easement, the boundaries of the tract on which the easement is located shall be treated as the property boundaries.
  2. Any monopole, guyed, lattice, or similar type cellular antenna tower and any alternative cellular antenna tower structure similar to these towers, such as light poles, shall be maintained in either galvanized steel finish or be painted light gray or light blue in color. Alternate sections of aviation orange and aviation white paint may be used ONLY when the FAA finds that none of the alternatives to such marking are acceptable.
  3. Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA). Upon commencement of construction of a cellular tower, in cases where there are residential uses located within a distance which is three hundred (300) percent of the height of the cellular tower from the cellular tower and when required by federal law, dual mode lighting shall be requested from the FAA.
  4. The site shall be unstaffed. Personnel may periodically visit the site for maintenance, equipment modification or repairs. To accommodate such visits, access shall be only from access points approved by the applicable Works Department, and there shall be provided on site an area sufficient to accommodate the parking of the service vehicle.
  5. The site shall be enclosed by a security fence of a minimum height of six (6) feet, and the fence may be located in any required yard.
  6. If the use of any cellular antenna or cellular antenna tower or alternative cellular antenna tower structure is discontinued, the owner shall provide the Planning Commission with a copy of the notice to the FCC of intent to cease operations within thirty (30) days of such notice to the FCC. If the cellular antenna or cellular antenna tower or alternative cellular antenna tower structure will not be reused, the owner shall have one hundred eighty (180) days from submittal of the FCC notice to the Planning Commission to obtain a demolition permit and remove the antenna or tower that not be reused. If the cellular antenna or cellular antenna tower or alternative cellular antenna tower structure is to be reused, the owner shall have no more than twelve (12) months from submittal of the FCC notice to the Planning Commission in which to commence new operation of the antenna or tower to be reused. Upon failure to commence new operation of the antenna or tower that is to be reused within twelve (12) months, the cellular antenna or cellular antenna tower or alternative cellular antenna tower structure shall be presumed abandoned, and the owner shall obtain within ninety (90) days of the expiration of the twelve (12) month period, a demolition permit and remove the antenna or tower that is presumed abandoned within sixty (60) days of obtaining the demolition permit. If the owner fails to remove an antenna or tower in the time provided by this paragraph, the Planning Commission may, on grounds of public safety, health, and welfare, cause the demolition and removal of the antenna or tower and recover its costs of demolition and removal.
  7. The only signs allowed shall be emergency information signs, owner contact information, warning or safety instructions, and signs required by a federal, state, or local agency. Such signs shall not exceed five (5) square feet in area
2. Existing Telecommunications Facilities.
Telecommunications facilities in existence on the date of the adoption of this ordinance which do not comply with this ordinance ("existing telecommunications facilities") are subject to the following provisions:
1. Existing telecommunication facilities may continue in use for the purpose now used, but may not be expanded or replaced without complying with this ordinance, except as further provided in this section.
2. Existing telecommunications facilities which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location and physical dimensions subject to obtaining a building permit therefor, but without otherwise complying with this ordinance.
3. The owner of any existing telecommunications facility may replace, repair, rebuild and/or expand such telecommunications facility to accommodate co-located antennas or facilities, or to upgrade the facilities to current engineering, technological or communications standards by obtaining a building permit therefor, and without having to conform to the provisions of this ordinance (including, but not limited to, provisions of this ordinance regarding notice to local zoning authorities or posting of signs) or to otherwise request local zoning approvals, so long as such facilities are not increased in height by more than 50% and or setbacks are not decreased by more than 50%.
4. Any such replacement, repair, reconstruction or enlargement shall not violate the design standards described in B.2 above beyond that existing at the date of the adoption of this ordinance.

INCORPORATION BY REFERENCE OF HB#168 AS CODIFIED IN KRS 100.324, 100.985 and 100.987.
HB#168 as enacted, and as now codified at KRS 100.324, 100.985, and 100.987, is hereby incorporated by reference into this Regulation. The Planning Commission and City Council adopting this Regulation shall comply with said statute as it is applicable to such entity. Among other requirements, said statute requires that the Planning Commission advise the applying utility in writing of its final decision within sixty (60) days commencing from the date that the uniform application (as defined in said statute) is received by the Planning Commission or within a date certain specified in a written agreement between the local Planning Commission and the utility.
SEVERABILITY
That if any clause, section, or other part of this Regulation shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Regulation shall not be affected thereby, but shall remain in full force and effect.
CONFLICTS
That all Regulations or parts of Regulations in conflict herewith are hereby repealed.

SECTION 4.7 ADOPTED MAY 3, 1999

Effective on: 1/1/1901

4.21 MOBILE HOME DEFINED

Effective on: 1/1/1901

4.22 MOBILE HOME PARK

Effective on: 1/1/1901

4.23 MOBILE HOME SUBDIVISIONS

Effective on: 1/1/1901

4.24 MOBILE HOMES PERMITTED

Effective on: 1/1/1901

4.25 DEVELOPMENT STANDARDS

The following property development standards shall apply for all Mobile Home Parks:

Each mobile home lot or space shall not be less than five thousand (5,000) square feet in area and shall not be less than fifty (50) feet in width.
No mobile home shall be located closer than thirty (30) feet from the right-of-way line of any street nor any closer than twenty (20) feet from any other boundary line of the mobile home park.
There shall be a front yard setback often (10) feet from all access roads within the mobile home park.
There shall be a minimum side spacing between mobile homes of not less than thirty (30) feet and no mobile home shall be placed less than five (5) feet from the lot line, and the end-to-end spacing of not less than twenty (20) feet between mobile homes shall be adhered to.
No building or structure erected or altered in a mobile home park shall exceed one (1) story of fifteen (15) feet in height.
Each mobile home space shall be provided with a 4" concrete patio of at least two hundred (200) square feet and a storage locker of at least one hundred (100) cubic feet. Storage lockers may be located in locker compounds.
All mobile home spaces shall abut a paved driveway of not less than twelve (120) feet in width, which shall have unobstructed access to a public street.
There shall be at least two (2) asphalt or other suitable material off-street parking spaces for each trailer space, which shall be on the same site as the trailer served, and may be located in the rear or side yard of said trailer space.
There shall be established and maintained within each park an automobile parking area for the use of guests. The number of spaces within this area shall be equal to one (1) for every four (4) trailer sites.
Access roads within a mobile home park shall be all paved roads with a width of not less than twenty (20) feet.
Each mobile home space shall be provided with a connection to a city or county sanitary sewer line or septic system meeting city/county or state standards.
Trailers, with or without toilet facilities, that cannot be connected to a sanitary sewer line or septic system, shall not be permitted in a mobile home park.
Running water from a public or state tested and approved water supply shall be piped into each mobile home and shall be adequately protected from frost. All sources of water to each individual mobile home site shall be underground and in no event shall rubber hose or other temporary measures be used.
All electric lines leading to each mobile home space shall be underground and shall be provided with three (3) wire balanced 115 or 230 volts supply. When separate meters are installed, each meter shall be located on a uniform, standard post on the lot line of each mobile home space, wiring shall comply with applicable local and state electrical codes.
Street and yard lights, sufficient in number and intensity to permit the safe movement of vehicles and pedestrians at night, shall be provided and shall be effectively related to buildings, trees, walls, steps, and ramps. Said lighting shall be so located and arranged that it will not shine, reflect or glare into public streets or residential areas.
There shall be no storage of any kind underneath any mobile home, and each mobile home shall be maintained in a clean and presentable condition at all times.
Every lot shall be provided with a substantial fly-tight, metal garbage depository from which the contents shall be removed by the operator of the mobile home park. Said depository shall be provided with suitable dry well drainage.
All fuel, oil and gas tanks shall be located on each mobile home site in a uniform manner. All tanks shall be elevated on non-combustible stands placed on a concrete base if not of the underground type.
Cabanas and other similar enclosed structures are prohibited.
Mobile homes shall not be used for commercial, industrial, or other non-residential uses within the mobile home parks.
All mobile homes shall be attached to a permanent foundation with wheels removed.

Effective on: 1/1/1901

4.26 APPLICATION FOR MOBILE HOME PARK PERMIT

An application for a mobile home park permit shall be as regulated hereunder and as in the Uniform Building Code.

The location and legal description of the proposed mobile home park;
Plans and specifications of all buildings, improvements, and facilities constructed or to be constructed within the mobile home park;
The proposed use of buildings shown on the site;
The location and size of all mobile home spaces;
The location of all points of entry and exit for motor vehicles and internal circulation pattern;
The location of all lighting standards to be provided;
The location of all walls and fences and indication of their height and the materials of their construction;
The name and address of the applicant; and
Such other architectural and engineering data as may be required to permit the Building Inspector and Planning Commission to determine if the provisions of this Ordinance are being complied with.

Effective on: 1/1/1901

4.27 REVOCATION OF LICENSE

Effective on: 1/1/1901

4.28 NONCONFORMING MOBILE HOMES AND MOBILE HOME PARKS

Effective on: 1/1/1901

4.31

4.32

Effective on: 1/1/1901

4.33 MISCELLANEOUS SIGN PROVISIONS

Effective on: 1/1/1901

4.34 VIOLATIONS

Effective on: 1/1/1901

4.42 LOADING SPACE REQUIREMENTS

Effective on: 1/1/1901

4.51

4.52

A non-conformance is a building or lot or the use thereof which does not agree with the requirements of the Zoning District where situated.

4.62

Effective on: 1/1/1901

4.63

Effective on: 1/1/1901

4.65 INSPECTION

4.67 PROCEDURE FOR OBTAINING CERTIFICATE OF COMPLIANCE

Applicant must obtain application from the Planning Office of Administration.

Three (3) copies of the application are to be prepared and submitted, along with the plan for screening the junkyard, and fifteen (15) copies of a plat of land to be used.

The Planning Commission will receive the application and plans for screening and after review will hold a public hearing at which time discussion of the application and plan will take place.

Upon approval the applicant may proceed with plans as submitted.

Effective on: 1/1/1901

4.311

Effective on: 1/1/1901

4.312

Effective on: 1/1/1901

4.313

Effective on: 1/1/1901

4.314

Effective on: 1/1/1901

4.315

In any zone signs advertising the property on which they are located for sale, rent lease, or trade may be erected and set forth in area and distance as follows:

Area in Signs	Distance from Right-of-way Line
12 square feet or less	12 feet
13 to 20 square feet	50 feet
21 to 40 square feet	100 feet
41 to 60 square feet	150 feet

Provided, further, that no such sign in any zone shall exceed sixty (60) feet in area.

Effective on: 1/1/1901

4.316

Effective on: 1/1/1901

4.317

SECTION 4.317 AMENDED JUNE 8, 2009

Effective on: 1/1/1901

4.318

Effective on: 1/1/1901

4.319

Effective on: 1/1/1901

4.3110

Signs or other outdoor advertising which involve lighting or motion resembling traffic or directional signals, or warnings such as "stop" and "danger", are prohibited.

Effective on: 1/1/1901

4.3111

Effective on: 1/1/1901

4.3112 Professional Office

Identification signs, limited to one (1) freestanding sign per building and one (1) wall mounted sign per street frontage with a maximum of two (2) such wall mounted signs per building; free standing sign not to exceed forty (40) square feet in area; wall mounted signs not to exceed five (5%) of the wall area to which it is attached; minimum setback of twenty-five (25) feet from the front property line for a freestanding sign.
One (1) nameplate per tenant or lessee, not exceeding two (2) square feet in area; non-illuminated or indirectly illuminated only.
Informational signs, not exceeding twenty (20) square feet. Such signs shall be included in the computation for maximum square footage specified in 4.3112(1) above, and shall be freestanding only when included as a part of a permitted freestanding identification sign.
One (1) attraction board, wall mounted or attached to the permitted freestanding identification sign, the area of the attraction board to be included in the maximum permitted sign area.
Directional signs, not exceeding two (2) square feet in area shall be permitted only on major thoroughfare approaches; the top of which shall not exceed three (3) feet in height if freestanding. No such signs shall be permitted on minor residential streets.

SECTION 4.3112 AMENDED JUNE 8, 2009

Effective on: 1/1/1901

4.411

Effective on: 1/1/1901

4.412

Whenever a use is increased in floor area, such additional parking space shall be provided that the parking space specified herein for the whole area shall be available.

Effective on: 1/1/1901

4.413

For the purpose of these regulations, "Floor Area" in the case of offices, merchandising or service types of uses shall mean the gross floor area of the structure.

Effective on: 1/1/1901

4.414

Effective on: 1/1/1901

4.415

The off-street parking facilities for uses not specifically mentioned herein shall be the same as those required for uses of a similar nature.

Effective on: 1/1/1901

4.416

Collective off-street parking facilities may be provided; however, such facilities shall be no less than the sum of such facilities as would otherwise be individually required.

Effective on: 1/1/1901

4.417

Use		^{Required Off-Street Parking Space}
One and two-family dwellings		Two (2) parking spaces for each family unit.
Multiple dwellings		One and one-half (1 1/2) parking spaces per family unit.
Tourist homes, cabins or motels		One (10) parking space for each sleeping room or suite including that of the owner or manager of residence on the premises.
Hospitals, sanitariums, convalescent homes and homes for the aged or similar use.		One (1) space for each three (3) patients, plus one (1) space for each two (2) employees and staff members.
Orphanages or similar uses		One (1) space for each ten (10) beds.
Hotels		One (1) space for each three (3) guest sleeping rooms.
Private clubs, fraternities, boarding		One (1) space for each two (2) guest sleeping rooms.
Community centers, libraries, museums, post offices, civic clubs, etc.		One (1) space for each one hundred (100) square feet of floor space.
Theaters and auditoriums (other than incidental to schools)		One (1) space for each four (4) seats plus one (1) additional space for each two (2) employees.
Churches and schools		One (1) space for each four (4) seats in a principal auditorium or one (1) space for each seventeen (17) classroom seats, whichever is greater.
Dance halls, pool and billiard halls and exhibition halls without fixed seats		One (1) space for each one hundred (100) square feet of floor area used for dancing or assembly.
Stadium or sports arenas		One (1) space for each four (4) seats.
Bowling alleys		Five (5) parking spaces for each alley.
Mortuaries or funeral homes		One (1) space for each fifty (50) square feet of floor space in the slumber rooms, parlors, or individual funeral service rooms.
Establishments for sale and consumption on the premises of beverages, food, or other refreshments excluding drive-in restaurants.		One (1) space for each one hundred (100) square feet of floor area plus one (1) space for each four (4) employees.
Medical or dental clinics, banks, business or professional offices		One (1) space for each two hundred (200) square feet of floor area.
Beauty parlors and barber shops		Two (2) spaces per barber and/or beauty shop operator.
All retail stores, including drive-in restaurants and other similar establishments except as otherwise specified herein.		Highway Commercial Zone-Two (2) square feet of parking space for every one (1) square foot of ground floor area.
Industrial establishments, including manufacturing, research and testing		One (1) space for each two (2) employees on the maximum working shift.
Warehouses and storage buildings		Sufficient parking space to accommodate employees and the loading and unloading of material.

Effective on: 1/1/1901

4.418 Off-street parking and loading regulations for all zones are as follows:

No building or structure of any kind shall be erected in any off-street parking space except a parking garage containing parking spaces equal to the requirements of these regulations.

No signs shall be displayed in any such vehicle standing space except signs to direct the orderly use of such space.

The design of all off-street parking lots and means of access thereto shall be subject to the approval of the Board of Adjustment.

The vehicle parking space on any lot as set forth and designated in these regulations shall be deemed to be required open space on such lot, and shall not be reduced or encroached upon in any manner.

All parking spaces, drives, and isles in commercial and industrial zones shall be surfaced with a bituminous or other dust-free surface.

Effective on: 1/1/1901

4.419

In all commercial and industrial zones, a minimum area of three hundred (300) square feet per car shall be required in computing the total area to be devoted to parking.

Effective on: 1/1/1901

4.511

No structure or premises containing a non-conforming use shall hereinafter be expanded.

Effective on: 1/1/1901

4.512

Effective on: 1/1/1901

4.513

No non-conforming use may be re-established after it has been discontinued for one (1) year. Vacating of premises or building or non-operative status shall be evidence of a discontinued use.

Effective on: 1/1/1901

4.514

SECTION 4.514 AMENDED JUNE 8, 2009

Effective on: 1/1/1901

4.521

Effective on: 1/1/1901

4.522

A building may be non-conforming if it encroaches into the restricted area, i.e., it is not within the Comprehensive Plan for that area.

Effective on: 1/1/1901

4.523

A building may also exceed the permitted lot coverage; it may have a forbidden usage or occupancy; it may have insufficient parking facilities.

Effective on: 1/1/1901

4.524

SECTION 4.524 ADOPTED FEBRUARY 17, 2014

SECTION 4.524 ADOPTED APRIL 15, 2019

Effective on: 1/1/1901

automobile, vehicle or machinery junkyard

Effective on: 1/1/1901

Material junkyard

Effective on: 1/1/1901

4.641

Effective on: 1/1/1901

4.642

4.651

Effective on: 1/1/1901

4.652

Effective on: 1/1/1901

4.661

Effective on: 1/1/1901

4.662

Effective on: 1/1/1901

4.663

Effective on: 1/1/1901

4.6421

Effective on: 1/1/1901

4.6422

Effective on: 1/1/1901

4.6431

Height - the fence must be of sufficient height to achieve the screening necessary according to the individual situation, and it shall be of uniform height throughout its length unless the Planning Commission approves a variation in such height. A minimum of six (6) feet in height will be set.
Supports - poles or supports shall be placed on the inside of the fence away from the highway or roadway, unless hidden by evergreen foliage.

Effective on: 1/1/1901

4.6432

Effective on: 1/1/1901

Wilmore City Zoning Code

ARTICLE IV

4.1 PLANNED UNIT DEVELOPMENT

4.4 OFF-STREET PARKING AND LOADING

4.7

4.21 MOBILE HOME DEFINED

4.22 MOBILE HOME PARK

4.23 MOBILE HOME SUBDIVISIONS

4.24 MOBILE HOMES PERMITTED

4.25 DEVELOPMENT STANDARDS

4.26 APPLICATION FOR MOBILE HOME PARK PERMIT

4.27 REVOCATION OF LICENSE

4.28 NONCONFORMING MOBILE HOMES AND MOBILE HOME PARKS

4.31

4.32

4.33 MISCELLANEOUS SIGN PROVISIONS

4.34 VIOLATIONS

4.42 LOADING SPACE REQUIREMENTS

4.51

4.52

4.62

4.63

4.65 INSPECTION

4.67 PROCEDURE FOR OBTAINING CERTIFICATE OF COMPLIANCE

4.311

4.312

4.313

4.314

4.315

4.316

4.317

4.318

4.319

4.3110

4.3111

4.3112 Professional Office

4.411

4.412

4.413

4.414

4.415

4.416

4.417

Use

Required Off-Street Parking Space

One and two-family dwellings

Two (2) parking spaces for each family unit.

Multiple dwellings

One and one-half (1 1/2) parking spaces per family unit.

Tourist homes, cabins or motels

One (10) parking space for each sleeping room or suite including that of the owner or manager of residence on the premises.

Hospitals, sanitariums, convalescent homes and homes for the aged or similar use.

One (1) space for each three (3) patients, plus one (1) space for each two (2) employees and staff members.

Orphanages or similar uses

One (1) space for each ten (10) beds.

Hotels

One (1) space for each three (3) guest sleeping rooms.

Private clubs, fraternities, boarding

One (1) space for each two (2) guest sleeping rooms.

Community centers, libraries, museums, post offices, civic clubs, etc.

One (1) space for each one hundred (100) square feet of floor space.

Theaters and auditoriums (other than incidental to schools)

One (1) space for each four (4) seats plus one (1) additional space for each two (2) employees.

Churches and schools

One (1) space for each four (4) seats in a principal auditorium or one (1) space for each seventeen (17) classroom seats, whichever is greater.

Dance halls, pool and billiard halls and exhibition halls without fixed seats

One (1) space for each one hundred (100) square feet of floor area used for dancing or assembly.

Stadium or sports arenas

One (1) space for each four (4) seats.

Bowling alleys

Five (5) parking spaces for each alley.

Mortuaries or funeral homes

One (1) space for each fifty (50) square feet of floor space in the slumber rooms, parlors, or individual funeral service rooms.

Establishments for sale and consumption on the premises of beverages, food, or other refreshments excluding drive-in restaurants.

One (1) space for each one hundred (100) square feet of floor area plus one (1) space for each four (4) employees.

Medical or dental clinics, banks, business or professional offices

One (1) space for each two hundred (200) square feet of floor area.

Beauty parlors and barber shops

Two (2) spaces per barber and/or beauty shop operator.

All retail stores, including drive-in restaurants and other similar establishments except as otherwise specified herein.

^{Required Off-Street Parking Space}