WHEREAS the City of Winchester and Clark County, Kentucky, have been engaged in a joint planning effort to provide for the orderly development of the city and county, and

WHEREAS providing for such development requires the adoption of various types of land use regulations, and

WHEREAS it is desirable to revise the existing zoning order in order that it will conform to the existing Kentucky Revised Statutes with respect to planning and zoning,

NOW THEREFORE BE IT ORDAINED by the Board of Commissioners of the City of Winchester and ordered by the Fiscal Court of Clark County.

This order is entitled "Revised Zoning Ordinance, City of Winchester and Revised Zoning Order, Clark County, Kentucky," and may be referred to as the "Zoning Order." The zoning maps referred to herein are entitled "Zoning Map, City of Winchester," and "Zoning Map, Clark County, Kentucky" and may together be referred to as the "Zoning Map." The Zoning Map is hereby made a part of the Zoning Order, and a certified copy of this zoning order is on file with the Clark County Clerk.

The purpose of the Zoning Order is to promote the general welfare by establishing and regulating zoning districts throughout Winchester and Clark County for the specific purposes detailed in the Kentucky Revised Statutes. In establishing the zoning districts, this order seeks the general welfare by designating sufficient space for all necessary uses of the land, by protecting the permitted uses in each district from the undesirable effects of conflicting uses, and by ensuring the stable value of all permitted development. This order further seeks the general welfare by protecting the efficiency and encouraging the improvement of traffic circulation and access to the land in all districts in order that daily travel and commerce may increase in safety and may be carried forth with a minimum of delay for the benefit of all activities and persons in Winchester and Clark County.

In case of conflict between the Zoning Order or any part thereof and the whole or part of any existing or future ordinance of the City of Winchester or order of Clark County or the whole or part of any existing or future private covenants or deeds, the most restrictive in each case shall apply.

If any clause, sentence, subdivision, paragraph, section or part of this Zoning Order be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, subdivision, paragraph, section or part thereof directly involved in the controversy in which said judgment shall have been rendered.

Upon adoption, this Zoning Order shall supersede and take precedence over the ordinance entitled "Zoning Ordinance" for the City of Winchester, Kentucky adopted on October 1, 1965, together with all amendments thereto, the zoning order adopted by the fiscal court of Clark County on July 29, 1965, and all zoning regulations previously adopted by the City of Winchester or Clark County, but shall not be retroactive in force and effect except as otherwise provided in this zoning order.

All existing and future structures and uses of premises within the City of Winchester and the unincorporated area of Clark County shall conform with all applicable provisions of the Zoning Order. Each zoning district is established to permit only those uses specifically listed as permitted, except as provided under the nonconforming provisions, and is intended for the protection of those uses. No other uses are permitted except as provided elsewhere in this Zoning Order.

Notwithstanding any other provision of this Zoning Order, land which is used solely for agricultural, farming, dairying, stock-raising, or similar purposes shall have no regulations imposed as to building permits, certificates of occupancy, height, yard, location or courts requirements for agricultural buildings except that setback may be required for the protection of existing and proposed streets and highways and that all buildings or structures in a designated floodway or flood plain or which tend to increase flood heights or obstruct the flow of flood waters may be fully regulated.

The Zoning Order shall be in full force and effect at the date of its adoption by the legislative bodies of Clark County and the City of Winchester within their respective areas of jurisdiction.