6.11

Principal Uses Permitted

Agricultural, farming, dairying, stock-raising, horticulture, forestry, and related activities.

Single-family dwellings.

Class B and Class C manufactured homes.

Animal husbandry services, including veterinarians and animal hospitals. (Ord. No. 29-83, § 2, 12-27-83; Ord. No. 17-88, § 1, 7-26-88; Ord. No. 9-98, § 1, 6-2-98)

6.12

Accessory Uses Permitted

Accessory uses customarily associated with the permitted uses listed above.

Garage or other building not used as a dwelling and accessory to the principal use.

Private swimming pools, tennis courts and similar recreational facilities.

Renting of sleeping rooms provided that three sleeping rooms are the maximum that shall be rented in any residence.

Signs identifying the agricultural activity on the same premises.

Tenant houses, including Class A, B, and C Manufactured homes, provided that only one such tenant house is permitted for each increment of fifty acres in excess of the minimum lot size required for the principal dwelling.

Sales of agricultural products produced on the premises.

Temporary structures used in the sale of agricultural products produced on the premises.

Home offices as defined in Article 12.

Child-care facilities for not more than three (3) children located within an owner-occupied residence. (Ord. No. 29-83, § 3, 12-27-83; Ord. No. 42-90, 11-27-90; Ord. No. 9-98, § 2, 6-2-98)

6.13

Conditional Uses Permitted

Home occupations in accordance with the standards set forth in Section 12, Definitions. On a parcel of not less than seven (7) acres, one (1) Class A, B, or C single wide mobile/manufactured home (as defined in Article 8, § 8.5) in addition to the principal dwelling, when occupied by a member of the immediate family and spouse of the owner of the principal dwelling. Mobile/manufactured home shall comply with all of the following:

(1)

Board of Zoning Amendment (BZA) approval shall be given for a specific immediate family member and spouse; if that family member/spouse no longer resides in the home, the mobile/manufactured home shall be removed or the property owner shall request approval from the BZA for another immediate family member and spouse to move into the structure.

(2)

Structure shall not be altered in any way that prevents or impedes removal of the structure at a future time.

(3)

Structure shall not be converted from personal property to real property. Structure is not eligible for affidavit of conversion. (Ord. No. 22-81, § 1, 10-22-81; Ord. No. 29-83, § 4, 12-27-83; Ord. No. 1-2000, § 1, 2-1-00; Ord. No. 15-2014, § 2, 12-2-14)

Privately owned outdoor recreational facilities such as golf courses, country clubs, riding stables, campgrounds, fishing lakes, and sportsman's clubs.

Bed and breakfast home. The Board of Adjustments shall consider and make a finding that the number of rooms permitted shall not have an adverse effect on surrounding properties. In addition, the Board of Adjustments shall take into consideration the number of bed and breakfast homes, if any, within the general neighborhood, that is, within one mile of the property being considered for such use.

Churches, Sunday schools, parish houses and cemeteries.

Private schools and colleges for academic instruction.

Kennels, provided they are screened and fenced.

Kindergartens, nursery schools and child-care facilities for more than three (3) children when located in a permitted church, private school or owner-occupied residence. When located in a residence, enrollment shall be limited to twelve (12) children. Each such facility shall have a fenced and screened play area containing not less than twenty-five (25) square feet per child.

Commercial radio and television transmitting towers (except those regulated by the public service commission) and housing for related equipment.

Medical cannabis cultivators within City limits only, outside the City limits are allowed without a Conditional Use. Shall adhere to definition located in article 12 of this Zoning Ordinance.

Other appropriate uses as determined by the Board of Adjustments based on the Board's findings that the proposed use is of an agricultural character and a use that contributes to the agricultural economy; such as agritourism, agribusiness, value added agriculture activities or other alternative agriculture opportunities.

(Ord. No. 17-88, § 1, 7-26-88; Ord. No. 1-98, § 1, 1-20-98; Ord. No. 9-98, § 3, 6-2-98; Ord. No. 3-2008, § I, 3-18-08; Ord. No. 1-2017, 3-7-17; Ord. No. 8-2025, 4-15-25)

6.14

Special Uses

6.141

Reserved.

Editor's note— Ord. No. 17-2014, § 1, adopted Dec. 16, 2014, deleted § 6.141, pertaining to planned development project for a rural residential cluster development.

6.142

Family Farm Homesite as regulated by Article 8, Section 8.8.

6.143

Transfer of Development Rights as regulated by Article 8, Section 8.9. (Ord. No. 30-83, § 1, 1-11-84; Ord. No. 3-99, § 1, 3-16-99; Ord. No. 17-2014, § 1, 12-16-14)

6.15

Dimension and Area Requirements^[2]

Maximum Height:       35 feet

Minimum Lot Area:       43,560 sq. ft. (1 acre)

Maximum Lot Coverage:       30 per cent

Minimum Lot Width:       125 feet

Minimum Public Road Frontage:       250 feet*

Minimum Front Yard:       75 feet

Minimum Side Yard:       50 feet

Minimum Rear Yard:       50 feet

* Except as provided in Article 8, Section 8.7 and Section 8.8. (Ord. No. 3-99, § 2, 3-16-99)

6.16

Parking Requirements

Parking requirements may be found in Article 10 of this Zoning Order.

6.17

Sign Requirements

Sign requirements may be found in Article 11 of this Zoning Order.

6.21

Principal Uses Permitted

Single family dwellings.

6.22

Accessory Uses Permitted

Garage or other building not used as a dwelling and accessory to the principal use.

Private swimming pools, tennis courts and similar recreational facilities.

Home offices as defined in Article 12.

Child-care facilities for not more than three (3) children located within an owner-occupied residence. (Ord. No. 42-90, 11-27-90; Ord. No. 9-98, § 4, 6-2-98)

6.23

Conditional Uses Permitted

Home occupations in accordance with the standards set forth in Article 12, Definitions.

Bed and breakfast home. The Board of Adjustments shall consider and make a finding that the number of rooms permitted shall not have an adverse effect on surrounding properties. In addition, the board of adjustments shall take into consideration the number of bed and breakfast homes, if any, within the general neighborhood, that is, within five hundred (500) feet of the property being considered for such use.

Kindergartens, nursery schools and child-care facilities for more than three (3) children when located in a permitted church, private school or owner-occupied residence. When located in a residence, enrollment shall be limited to twelve (12) children. Each such facility shall have fenced and screened play area containing not less than twenty-five (25) square feet per child. (Ord. No. 42-90, 11-27-90; Ord. No. 1-98, § 3, 1-20-98; Ord. No. 9-98, § 5, 6-2-98)

6.23A

Other Conditional Uses Permitted

Churches, libraries and country clubs are permitted conditional uses, subject, however, to the following special conditions:

(1)

Any other front and side yard limitations contained herein to the contrary notwithstanding, the minimum front and side yards permitted shall be the greater of:

(a)

[The principal structure at its highest point] (Exclusive of steeples, cupolas and the like multipliers by one and one-half (1½);

(b)

The width of the principal structure divided by two (2);

(2)

The minimum lot area required shall be double that required for principal permitted uses.

(3)

In addition to the parking requirements contained in Article 10, no parking shall be permitted in the required side yards or required front yard.

(4)

As a minimum, the site shall be landscaped and buffered in accordance with the Landscape and Buffer Guidelines of the Clark County Conservation District, provided however, that the board of adjustment may, in its discretion, require such reasonable additional buffering as circumstances may require.

(5)

The site shall be located so as to provide ingress and egress directly onto a public street and so as not to create a traffic hazard.

(6)

Nothing herein shall be deemed to limit the power of the board of adjustment to attach other conditions, or to exercise any of the other powers granted to it under Article 5. (Ord. No. 30-83, § 2, 1-11-84)

6.24

Reserved

(Ord. No. 30-83, § 1, 1-11-84)

6.25

Dimension and Area Requirements

6.26

Parking Requirements

Parking requirements may be found in Article 10 of this Zoning Order.

6.27

Sign Requirements

Sign requirements may be found in Article 11 of this Zoning Order.

6.31

Principal Uses Permitted

Single family dwellings.

6.32

Accessory Uses Permitted

Garage or other building not used as a dwelling accessory to the principal use.

Private swimming pools, tennis courts and similar recreational facilities.

Home offices as defined in Article 12.

Child-care facilities for not more than three (3) children located within an owner-occupied residence. (Ord. No. 42-90, 11-27-90; Ord. No. 9-98, § 6, 6-2-98)

6.33

Conditional Uses Permitted

Home occupations in accordance with the standards set forth in Article 12, Definitions.

Bed and breakfast home. The Board of Adjustments shall consider and make a finding that the number of rooms permitted shall not have an adverse effect on surrounding properties. In addition, the board of adjustments shall take into consideration the number of bed and breakfast homes, if any, within the general neighborhood, that is, within five hundred (500) feet of the property being considered for such use.

Kindergartens, nursery schools and child-care facilities for more than three (3) children when located in a permitted church, private school or owner-occupied residence. When located in a residence, enrollment shall be limited to twelve (12) children. Each such facility shall have fenced and screened play area containing not less than twenty-five (25) square feet per child. (Ord. No. 42-90, 11-27-90; Ord. No. 1-98, § 3, 1-20-98; Ord. No. 9-98, § 7, 6-2-98)

6.33A

Other Conditional Uses Permitted

Churches, libraries and country clubs are conditional uses permitted, subject, however, to the same conditions set forth in subsection 6.23A of section 6.2 of Article 6. (Ord. No. 30-83, § 3, 1-11-84)

6.34

Reserved. (Ord. No. 30-83, § 1, 1-11-84)

6.35

Dimension and Area Requirements

6.36

Parking Requirements

Parking requirements may be found in Article 10 of this Zoning Order.

6.37

Sign Requirements

Sign requirements may be found in Article 11 of this Zoning Order.

6.41

Principal Uses Permitted

Single family dwellings.

6.42

Accessory Uses Permitted

Garage or other building not used as a dwelling and accessory to the principal use.

Private swimming pools, tennis courts and similar recreational facilities.

Renting of sleeping rooms by a resident owner, provided that two sleeping rooms are the maximum that shall be rented in any residence.

Home offices as defined in Article 12.

Child-care facilities for not more than three (3) children located within an owner-occupied residence. (Ord. No. 42-90, 11-27-90; Ord. No. 9-98, § 8, 6-2-98)

6.43

Conditional Uses Permitted

Home occupations in accordance with the standards set forth in Article 12, Definitions.

Two family residences, provided that the property involved adjoins a district other than residential.

Bed and breakfast home. The Board of Adjustments shall consider and make a finding that the number of rooms permitted shall not have an adverse effect on surrounding properties. In addition, the board of adjustments shall take into consideration the number of bed and breakfast homes, if any, within the general neighborhood, that is, within five hundred (500) feet of the property being considered for such use.

Kindergartens, nursery schools and child-care facilities for more than three (3) children when located in a permitted church, private school or owner-occupied residence. When located in a residence, enrollment shall be limited to twelve (12) children. Each such facility shall have a fenced and screened play area containing not less than twenty-five (25) square feet per child. (Ord. No. 42-90, 11-27-90; Ord. No. 1-98, § 4, 1-20-98; Ord. No. 9-98, § 9, 6-2-98)

6.43A

Other Conditional Uses Permitted

Churches, libraries and country clubs are conditional uses permitted, subject, however, to the same conditions set forth in subsection 6.23A of section 6.2 of Article 6. (Ord. No. 30-83, § 4, 1-11-84)

6.44

Reserved. (Ord. No. 30-83, § 1, 1-11-84)

6.45

Dimension and Area Requirements

6.46

Parking Requirements

Parking requirements may be found in Article 10 of this Zoning Order.

6.47

Sign Requirements

Sign requirements may be found in Article 11 of this Zoning Order.

6.51

Principal Uses Permitted

Single family dwellings.

6.52

Accessory Uses Permitted

Garage or other building not used as a dwelling and accessory to the principal use.

Private swimming pools, tennis courts and similar recreational facilities.

Renting of sleeping rooms by a resident owner, provided that two sleeping rooms are the maximum that shall be rented in any residence.

Home offices as defined in Article 12.

Child-care facilities for not more than three (3) children located within an owner-occupied residence. (Ord. No. 42-90, 11-27-90; Ord. No. 9-98, § 10, 6-2-98)

6.53

Conditional Uses Permitted

Home occupations in accordance with the standards set forth in Article 12, Definitions.

Two family residences, provided that the property involved adjoins a district other than residential.

Bed and breakfast home. The Board of Adjustments shall consider and make a finding that the number of rooms permitted shall not have an adverse effect on surrounding properties. In addition, the board of adjustments shall take into consideration the number of bed and breakfast homes, if any, within the general neighborhood, that is, within five hundred (500) feet of the property being considered for such use.

Kindergartens, nursery schools and child-care facilities for more than three (3) children when located in a permitted church, private school or owner-occupied residence. When located in a residence, enrollment shall be limited to twelve (12) children. Each such facility shall have a fenced and screened play area containing not less than twenty-five (25) square feet per child. (Ord. No. 42-90, 11-27-90; Ord. No. 1-98, § 5, 1-20-98; Ord. No. 9-98, § 11, 6-2-98)

6.53A

Other Conditional Uses Permitted

Churches, libraries and country clubs, are conditional uses permitted, subject, however, to the same conditions set forth in subsection 6.23A of section 6.2 of Article 6. (Ord. No. 30-83, § 5, 1-11-84)

6.54

Reserved. (Ord. No. 30-83, § 1, 1-11-84)

6.55

Dimension and Area Requirements

6.56

Parking Requirements

Parking requirements may be found in Article 10 of this Zoning Order.

6.57

Sign Requirements

Sign requirements may be found in Article 11 of this Zoning Order.

6.5A1

Principal Uses Permitted

Single-Family Detached Dwellings

6.5A2

Accessory Uses Permitted

Garage or other building not used as a dwelling and accessory to the principal use.

Private swimming pools, tennis courts and similar recreational facilities.

Renting or sleeping rooms by a resident owner, provided that two (2) sleeping rooms are the maximum that shall be rented in any residence.

Home offices as defined in Article 12. (Ord. No. 42-90, 11-27-90).

Child-care facilities for not more than three (3) children located within an owner-occupied residence.

6.5A3

Conditional Uses Permitted

Home occupations in accordance with the standards set forth in Article 12, Definitions.

Two family residences, provided that the property involved adjoins a district other than residential. (Ord. No. 42-90, 11-27-90).

Bed and breakfast home. The Board of Adjustments shall consider and make a finding that the number of rooms permitted shall not have an adverse effect on surrounding properties. In addition, the Board of Adjustments shall take into consideration the number of bed and breakfast homes, if any, within the general neighborhood, that is, within five hundred (500) feet of the property being considered for such use.

Kindergarten, nursery schools and child-care facilities for more than three (3) children when located in a permitted church, private school or owner-occupied residence. When located in a residence, enrollment shall be limited to twelve (12) children. Each facility shall have a fenced and screened play area containing not less than twenty-five (25) square feet per child.

6.5A3A

Other Conditional Uses Permitted

Churches, libraries and country clubs, are conditional uses permitted, subject, however, to the same conditions set forth in subsection 6.23A of section 6.2 of Article 6. (Ord. No. 30-83, Section 5, 1-11-84).

6.5A4

Reserved

(Ord. No. 30-83, Section 1, 1-11-84).

6.5A5

Dimension and Area Requirements

6.5A6

Parking Requirements

Parking requirements are found in Article 10.

6.5A7

Sign Requirements

Sign requirements are found in Article 11.

6.5A8

Special Provisions

There shall be not less than six (6) feet at any point between the walls of each single-family residence. Side yards shall be determined as follows:

(1)

Where one wall of the structure is to be located on the side lot line, the yard on the opposite side shall be at least six (6) feet.

(2)

The final record plat shall designate the lots which are to have zero-lot-line structures under this provision.

(3)

A three (3) foot wall maintenance easement shall be provided on the lot adjacent to the zero-lot-line easement.

(4)

No wall, air conditioning unit, structure, or any other obstruction shall be located within the required side yard.

(5)

Any fence located in a required side yard must be entirely to the rear of the principal structure on the lot.

(Ord. No. 20-98, § 1, 12-1-98)

6.61

Principal Uses Permitted

Single family residences.

Two family residences.

6.62

Accessory Uses Permitted

Garage or other building not used as a dwelling and accessory to the principal use.

Private swimming pools, tennis courts and similar recreational facilities.

Renting of sleeping rooms by a resident in a single family dwelling, provided that two sleeping rooms are the maximum that shall be rented in any residence.

Home offices as defined in Article 12.

Child-care facilities for not more than three (3) children located within an owner-occupied residence. (Ord. No. 42-90, 11-27-90; Ord. No. 9-98, § 12, 6-2-98)

6.63

Conditional Uses Permitted

Home occupations in accordance with the standards set forth in Article 12, Definitions.

Bed and breakfast home. The Board of Adjustments shall consider and make a finding that the number of rooms permitted shall not have an adverse effect on surrounding properties. In addition, the board of adjustments shall take into consideration the number of bed and breakfast homes, if any, within the general neighborhood, that is, within five hundred (500) feet of the property being considered for such use.

Kindergartens, nursery schools and child-care facilities for more than three (3) children when located in a permitted church, private school or owner-occupied residence. When located in a residence, enrollment shall be limited to twelve (12) children. Each such facility shall have a fenced and screened play area containing not less than twenty-five (25) square feet per child. (Ord. No. 42-90, 11-27-90; Ord. No. 1-98, § 6, 1-20-98; Ord. No. 9-98, § 13, 6-2-98)

6.63A

Other Conditional Uses Permitted

Churches, libraries, country clubs, recreational and/or social clubs operated not for profit, subject, however, to the same conditions set forth in subsection 6.23A of section 6.2 of Article 6. (Ord. No. 30-83, § 6, 1-11-84)

6.64

Reserved. (Ord. No. 30-83, § 1, 1-11-84)

6.65

Dimension and Area Requirements

6.66

Parking Requirements

Parking requirements may be found in Article 10 of this Zoning Order.

6.67

Sign Requirements

Sign requirements may be found in Article 11 of this Zoning Order.

6.71

Principal Uses Permitted

Single family dwellings.

Two family dwellings.

Multi-family dwellings.

6.72

Accessory Uses Permitted

Garage or other building not used as dwelling and accessory to the principal use.

Private swimming pools, tennis courts and similar recreational facilities.

Renting of sleeping rooms by a resident in a single family dwelling, provided that three sleeping rooms are the maximum that shall be rented in any residence.

Home offices as defined in Article 12.

Child-care facilities for not more than three (3) children located within an owner-occupied residence. (Ord. No. 42-90, 11-27-90; Ord. No. 9-98, § 14, 6-2-98)

6.73

Conditional Uses Permitted

Bed and breakfast home. The Board of Adjustments shall consider and make a finding that the number of rooms permitted shall not have an adverse effect on surrounding properties. In addition, the board of adjustments shall take into consideration the number of bed and breakfast homes, if any, within the general neighborhood, that is, within five hundred (500) feet of the property being considered for such use.

Kindergartens, nursery schools and child-care facilities for more than three (3) children when located in a permitted church, private school or owner-occupied residence. When located in a residence, enrollment shall be limited to twelve (12) children. Each such facility shall have a fenced and screened play area containing not less than twenty-five (25) square feet per child. (Ord. No. 1-98, § 7, 1-20-98; Ord. No. 9-98, § 15, 6-2-98)

6.73A

Other Conditional Uses Permitted

Churches, libraries, country clubs, recreational and/or social clubs operated not for profit, nursing homes, convalescent or extended care facilities, and rest homes, subject, however, to the same conditions set forth in subsection 6.23A of section 6.2 of Article 6. (Ord. No. 30-83, § 7, 1-11-84)

6.74

Reserved. (Ord. No. 30-83, § 1, 1-11-84)

6.75

Dimension and Area Requirements

6.76

Parking Requirements

Parking requirements may be found in Article 10 of this Zoning Order.

6.77

Sign Requirements

Sign requirements may be found in Article 11 of this Zoning Order.

6.81

Principal Uses Permitted

Single family dwellings.

Two family dwellings.

Multi-family dwellings.

6.82

Accessory Uses Permitted

Garage or other building not used as dwelling and accessory to the principal use.

Private swimming pools, tennis courts and similar recreational facilities.

Renting of sleeping rooms by a resident in a single family dwelling, provided that three sleeping rooms are the maximum that shall be rented in any residence.

Home offices as defined in Article 12.

Child-care facilities for not more than three (3) children located within an owner-occupied residence.

(Ord. No. 42-90, 11-27-90)

6.83

Conditional Uses Permitted

Bed and breakfast home. The Board of Adjustments shall consider and make a finding that the number of rooms permitted shall not have an adverse effect on surrounding properties. In addition, the board of adjustments shall take into consideration the number of bed and breakfast homes, if any, within the general neighborhood, that is, within five hundred (500) feet of the property being considered for such use.

Kindergartens, nursery schools and child-care facilities for more than three (3) children when located in a permitted church, private school or owner-occupied residence. When located in a residence, enrollment shall be limited to twelve (12) children. Each such facility shall have a fenced and screened play area containing not less than twenty-five (25) square feet per child.

(Ord. No. 1-98, § 8, 1-20-98; Ord. No. 9-98, § 17, 6-2-98)

6.83A

Other Conditional Uses Permitted

Churches, libraries, country clubs, recreational and/or social clubs operated not for profit, nursing homes, convalescent or extended care facilities, and rest homes, subject, however, to the same conditions set forth in subsection 6.23A of section 6.2 of Article 6.

(Ord. No. 30-83, § 8, 1-11-84)

6.84

Reserved. (Ord. No. 30-83, § 1, 1-11-84)

6.85

Dimension and Area Requirements

6.86

Parking Requirements

Parking requirements may be found in Article 10 of this Zoning Order.

6.87

Sign Requirements

Sign requirements may be found in Article 11 of this Zoning Order.

6.91

Principal Uses Permitted

Multi-family dwellings.

6.92

Accessory Uses Permitted

Garage or other building not used as dwelling and accessory to the principal use.

Private swimming pools, tennis courts and similar recreational facilities.

Renting of sleeping rooms by a resident of a single family dwelling, provided that three sleeping rooms are the maximum that shall be rented in any residence.

Home offices as defined in Article 12.

Child-care facilities for not more than three (3) children located within an owner-occupied residence.

(Ord. No. 42-90, 11-27-90; Ord. No. 9-98, § 18, 6-2-98)

6.93

Conditional Uses Permitted

Home occupations in single family residences only, in accordance with the standards set forth in Section 12, Definitions.

Bed and breakfast home. The Board of Adjustments shall consider and make a finding that the number of rooms permitted shall not have an adverse effect on surrounding properties. In addition, the board of adjustments shall take into consideration the number of bed and breakfast homes, if any, within the general neighborhood, that is, within five hundred (500) feet of the property being considered for such use.

Kindergartens, nursery schools and child-care facilities for more than three (3) children when located in a permitted church, private school or owner-occupied residence. When located in a residence, enrollment shall be limited to twelve (12) children. Each such facility shall have a fenced and screened play area containing not less than twenty-five (25) square feet per child. (Ord. No. 1-98, § 9, 1-20-98; Ord. No. 9-98, § 19, 6-2-98)

6.93A

Other Conditional Uses Permitted

Churches, libraries, country clubs, recreational and/or social clubs operated not for profit, nursing homes, convalescent or extended care facilities, and rest homes, subject, however, to the same conditions set forth in subsection 6.23A of section 6.2 of Article 6. (Ord. No. 30-83, § 9, 1-11-84)

6.94

Reserved

(Ord. No. 30-83, § 1, 1-11-84)

6.95

Dimension and Area Requirements

6.96

Parking Requirements

Parking requirements may be found in Article 10 of this Zoning Order.

6.97

Sign Requirements

Sign requirements may be found in Article 11 of this Zoning Order.

6.9A1

Principal Uses Permitted

Single-family attached dwellings, except that not more than six (6) units shall be attached.

Multi-family dwellings

6.9A2

Accessory Uses Permitted

Garage or other building not used as dwelling and accessory to the principal use.

Private swimming pools, tennis courts and similar recreational facilities.

Renting or sleeping rooms by a resident of a single-family dwelling, provided that three (3) sleeping rooms are the maximum that shall be rented in any residence.

Home offices as defined in Article 12. (Ord. No. 42-90, 11-27-90).

Child-care facilities for not more than three (3) children located within an owner-occupied residence.

6.9A3

Conditional Uses Permitted

Home occupations in a single family residence only, in accordance with the standards set forth in Section 12, Definitions.

Bed and breakfast home. The Board of Adjustments shall consider and make a finding that the number of rooms permitted shall not have an adverse effect on surrounding properties. In addition, the Board of Adjustments shall take into consideration the number of bed and breakfast homes, if any, within the general neighborhood, that is, within five hundred (500) feet of the property being considered for such use.

Kindergartens, nursery school and child-care facilities for more than three (3) children when located in a permitted church, private school or owner-occupied residence. When located in a residence, enrollment shall be limited to twelve (12) children. Each such facility shall have a fenced and screened play area containing not less than twenty-five (25) square feet per child.

6.9A3A

Other Conditional Uses Permitted

Churches, libraries, country clubs, recreational and/or social clubs operated not for profit, nursing homes, convalescent or extended car facilities, and rest homes, subject, however, to the same conditions as set forth in subsection 6.23A of Section 6.2 of Article 6. (Ord. No. 30-83, Section 9, 1-11-84).

6.9A4

Reserved

(Ord. No. 30-83, Section 1, 1-11-84).

6.9A5

Dimensional and Area Requirements

6.9A6

Parking Regulations

Parking requirements are found in Article 10.

6.9A7

Sign Regulations

Sign regulations are found in Article 11.

6.9A8

Special Provisions

(1)

No more than two (2) contiguous townhouse units may be established at the same setback. A variation of at least three (3) feet shall be required where a break in setback occurs. Buildings may penetrate up to eighteen (18) inches over the building line into the required front yard, but the average setback of the contiguous units shall be at least as great as the required front yard.

(2)

Not less than ten (10) per cent of the total lot area for any townhouse shall be devoted to private usable open space either on each lot or on land adjacent and directly accessible to each lot. Such open space shall be for the private use of the residents of each individual townhouse and shall be physically separated from the other private open space or common open space by planting, fences, or walls. The least dimension of the private open space shall be eight (8) feet.

(3)

Any development containing more than two (2) rows of townhouse units shall provide rear access via a public or private alley as provided for within the subdivision regulations.

(Ord. No. 20-98, § 2, 12-1-98)

6.101

Principal Uses Permitted

Single family dwellings.

Multi-family dwellings.

Professional, business and governmental offices.

Research, development or testing laboratories.

Studios for the production or teaching of fine arts, such as photography, music, dance and drama.

Ticket and travel agencies.

Medical and dental offices, laboratories and clinics.

Schools and colleges for academic, technical, vocational or professional instruction.

Bed and breakfast homes.

Hospitals.

Kindergartens, nursery schools and child-care facilities provided that each such facility shall have a fenced and screened play area containing not less than twenty-five (25) square feet per child. (Ord. No. 1-98, § 10, 1-20-98; Ord. No. 9-98, § 21, 6-2-98)

6.102

Accessory Uses Permitted

Garage or other building not used as a dwelling and accessory to the principal use.

Private swimming pools, tennis courts and similar recreational facilities.

Renting of sleeping rooms by a resident family.

Three sleeping rooms are the maximum that shall be rented in any building.

Dwelling units occupying the same building as a principal use.

6.103

Conditional Uses

Drive-in type banks and business offices, provided that access to such establishments is approved by the city or county engineer or by any other appropriate official designated by the Board, and does not create a hazardous traffic situation.

Heliports, provided that all state and federal regulations are met.

Pet-grooming, provided that the pet-grooming activity shall take place entirely within the principal dwelling or other principal building: and that no overnight boarding, nor any outdoor facilities such as pens or dog runs shall be permitted.

(Ord. No. 9-98, § 21, 6-2-98; Ord. No. 21-2001, 12-18-01)

6.103A

Other Conditional Uses Permitted

Churches, libraries, country clubs, recreational and/or social clubs operated not for profit, nursing homes, convalescent or extended care facilities, rest homes, mortuaries and funeral homes, subject, however, to the same conditions set forth in subsection 6.23A of section 6.2 of Article 6.

(Ord. No. 30-83, § 10, 1-11-84)

6.104

Reserved

(Ord. No. 30-83, § 1, 1-11-84)

6.105

Dimension and Area Requirements

6.106

Parking Requirements

Parking requirements may be found in Article 10 of this Zoning Order.

6.107

Sign Requirements

Sign requirements may be found in Article 11 of this Zoning Order.

6.111

Principal Uses Permitted

Those uses permitted and as regulated in the Professional Office District (P-1).

Retail sales establishments for the sale of food, food products and general merchandise.

Personal service establishments such as barber shops, beauty shops and shoe repair shops.

Restaurants.

6.112

Accessory Uses Permitted

Parking lots and structures.

Garage or other building not used as a dwelling and accessory to the principal use.

Only that wholesaling of merchandise which is clearly incidental and subordinate to the principal retail use on the premises.

6.113

Conditional Uses Permitted

Car wash establishments, provided that surface water from such establishments shall not drain onto adjacent property, and that adequate on-site storage lanes and parking facilities shall be provided so that no public way shall be used for such purposes.

Churches, libraries, country clubs, recreational and/or social clubs operated not for profit, nursing homes, convalescent or extended care facilities, rest homes, mortuaries, funeral homes, automobile service stations, drive-in banks and business offices. (Ord. No. 30-83, § 11, 1-11-84)

6.114

Reserved

(Ord. No. 30-83, § 1, 1-11-84)

6.115

Dimension and Area Requirements

6.116

Parking Requirements

Parking requirements may be found in Article 10 of this Zoning Order.

6.117

Sign Requirements

Sign requirements may be found in Article 11 of this Zoning Order.

6.121

Principal Uses Permitted

Those uses permitted and as regulated in the Neighborhood Business District (B-1).

Hotels, motels, motor hotels.

Theatres.

Billiard parlors, bowling alleys and similar indoor amusement enterprises.

Multi-family dwellings.

Newspaper plant, printing and publishing. (Ord. No. 21-77, § 2, 12-12-77)

6.122

Accessory Uses Permitted

Parking lots and structures.

Garage or other building not used as a dwelling and accessory to the principal use.

Only that wholesaling of merchandise which is clearly incidental and subordinate to the principal retail use on the premises.

6.123

Conditional Uses Permitted

Microbreweries, microdistilleries, microwineries, and brewpubs. Car wash establishments, provided that surface water from such establishments shall not drain onto adjacent property, and that adequate on-site storage lanes and parking facilities shall be provided so that no public way shall be used for such purposes.

Churches, libraries, country cubs, recreational and/or social clubs operated not for profit, nursing homes convalescent or extended care facilities, rest homes, mortuaries, funeral homes, automobiles services stations, drive-in banks and business offices. (Ord. No. 30-83, § 12, 1-11-84; Ord. No. 4-2014, 5-6-14)

6.124

Reserved

(Ord. No. 30-83, § 1, 1-11-84)

6.125

Dimension and Area Requirements

None

6.126

Parking Requirements

Parking requirements may be found in Article 10 of this Zoning Order.

6.127

Sign Requirements

Sign requirements may be found in Article 11 of this Zoning Order.

6.131

Principal Uses Permitted

Those uses permitted and as regulated in the Downtown Business District (B-2). (Ord. No. 8-79, § 1, 9-10-79)

Automobile service stations.

Restaurants.

Drive-in restaurants, provided that all outside food service areas are located at least 100 feet from any residence district.

Motel or hotel.

Indoor amusements, such as billiard or pool halls, dancing halls, skating rinks, theatres or bowling alleys.

Drive-in theatres.

Mobile home sales and service.

Automobile-truck sales and/or service.

Minor automobile and truck repair.

Boat and marine supplies.

Used car lots.

Veterinary offices, laboratories and clinics for the treatment and care of small animals only; provided, however, such animals shall be kept on the premises within confined kennels or buildings.

Mini-warehouses, provided that no auctions, flea markets, bazaars, retail sales, or other similar commercial activity shall be conducted on the premises.

Medical cannabis dispensary within City and County limits, it shall be illegal to sell medical cannabis within one thousand (1000) feet of elementary and secondary public and private schools, state-certified daycares, and parks - as referenced in City of Winchester Ordinance No. 17-2024. Shall adhere to definition located in article 12 of this Zoning Ordinance.

(Ord. No. 20-77, § 2, 11-22-77; Ord. No. 17-86, § 1(1), 7-24-86; Ord. No. 19-86, § 2, 9-15-86; Ord. No. 8-2025, 4-15-25)

6.132

Accessory Uses Permitted.

Parking lots and structures.

Dwelling units occupying the same building as the principal commercial use.

Garage or other building not used as a dwelling and accessory to the principal use.

Wholesale of merchandise or services which is clearly incidental and subordinate to the principal retail use on the premises.

6.133

Conditional Uses

Microbreweries, microdistilleries, microwineries, and brewpubs. Car wash establishments provided that surface water from such establishments shall not drain onto adjacent property, and that adequate on-site storage lanes and parking facilities shall be provided so that no public way shall be used for such purposes. Churches, libraries, country clubs, recreational and/or social clubs operated not for profit, nursing homes, convalescent or extended care facilities, rest homes, mortuaries, funeral homes, automobile service stations, drive-in banks, and business offices. (Ord. No. 30-83, § 13, 1-11-84; Ord. No. 4-2014, 5-6-14)

Those uses permitted in the B-4 zoning district, provided the findings necessary for a proposed map amendment are determined by the planning commission pursuant to K.R.S. 100.213. Dimensions and area requirements for the conditional use are substantially similar to and compatible with uses permitted in the B-3 zone. Notices shall be provided as required for a zone change. (Ord. No. 8-2010, 5-26-10)

6.134

Reserved

(Ord. No. 30-83, § 1, 1-11-84)

6.135

Dimension and Area Requirements

6.136

Parking Requirements

Parking requirements may be found in Article 10 of this Zoning Order.

6.137

Sign Requirements

Sign requirements may be found in Article 11 of this Zoning Order.

6.141

Principal Uses Permitted

Those principal uses permitted in the Highway Business District (B-3), provided, however, that with respect to such uses the front yard requirements set forth in subsection 6.135 shall apply.

Wholesale business.

Laundry, cleaning and dyeing plants.

Mobile home and travel trailer sales and service.

Dairy or other food product bottling plants.

Tire retreading or recapping.

Truck terminals and freight yards.

Shops of special trade and general contractors such as electrical, plumbing, roofing, heating, carpentry, masonry, painting, plastering, metal work, printing, publishing, lithographing, engraving, sign painting, upholstering, tile mosaic and terrazzo work and electroplating.

Warehouses and storage facilities.

Sale of building materials.

Sale of feed, grain or agricultural supplies.

Greenhouses and plant nurseries.

Machine shops.

Automobile service stations.

Major or minor automobile and truck repair.

Establishments and lots for the display, rental, sale and repair of farm equipment, contractors' equipment and trucks.

Automobile and truck sales or service.

Used car lots.

Boat and marine supplies sales and service.

Billboards, subject to setback and other restrictions associated with principal permitted uses.

Restaurants. Indoor theatres. Retail sales establishments. Personal service establishments, such as barbershops, beauty shops and shoe repair shops.

Medical cannabis dispensary within City and County limits, it shall be illegal to sell medical cannabis within one thousand (1000) feet of elementary and secondary public and private schools, state-certified daycares, and parks - as referenced in City of Winchester Ordinance No. 17-2024. Shall adhere to definition located in article 12 of this Zoning Ordinance.

(Ord. No. 5-79, § 1, 6-12-79; Ord. No. 10-88, 5-24-88; Ord. No. 8-2025, 4-15-25)

6.142

Accessory Uses Permitted

Parking lots and structures.

Dwelling units occupying the same building as the principal commercial use.

Outdoor storage of materials.

Garage or other building not used as a dwelling and accessory to the principal use.

6.143

Conditional Uses Permitted

Car wash establishments, provided that surface water from such establishments shall not drain onto adjacent property, and that adequate on-site storage lanes and parking facilities shall be provided so that no public way shall be used for such purposes.

Churches, libraries, country clubs, recreational and/or social clubs operated not for profit, nursing homes, convalescent or extended care facilities, rest homes, mortuaries, funeral homes, automobile service stations, drive-in banks and business offices. (Ord. No. 30-83, § 14, 1-11-84; Ord. No. 19-86, § 3, 9-15-86)

6.144

Reserved

(Ord. No. 30-83, § 1, 1-11-84)

6.145

Dimension and Area Requirements

6.146

Parking Requirements

Parking requirements may be found in Article 10 of this Zoning Order.

6.147

Sign Requirements

Sign requirements may be found in Article 11 of this Zoning Order.

The intent of this district is to provide manufacturing, industrial and related uses which are clean, quiet and free from objectionable nuisances such as noise, air pollution, odor, and vibration.

All operations must be conducted entirely within an enclosed structure and generate little industrial traffic (except employee traffic).

6.151

Noise Level Requirement

Noise levels emitted from any activities or operations within this district shall not at any receiving real property line exceed:

as measured with a sound level meter conforming to ANSI type II specifications or better.

Air pollutant levels emitted from the activities or operations shall not exceed the guidelines set up by the Department of Natural Resources Environmental Protection.

6.152

Principal Uses Permitted

Those principal uses permitted in the General Business District (B-4) as set forth in Subsection 6.141.

Manufacturing, fabricating, casting, assembling, machining, packaging, processing or similar treatment of materials for the production of goods, parts, products or merchandise, including but not limited to furniture, tools, jewelry, wearing apparel, instruments, optical goods, food products, auto parts, pharmaceuticals, plastics, fiber, boxes and crates.

Retail sale of any product or commodity manufactured, fabricated or processed on the premises.

Building material sales yard and lumber yard, including the sale of rock, sand and gravel when incidental to the principal use.

Billboards and advertising signs, subject to setback and other restrictions associated with principal uses.

Union halls, including officers and recreational facilities when incidental to the principal use.

Personal service establishments.

Medical cannabis cultivators, producers, processors, and dispensaries within the City and County limits. It shall be illegal to sell medical cannabis within one thousand (1000) feet of elementary and secondary public and private schools, state-certified daycares, and parks - as referenced in City of Winchester Ordinance No. 17-2024. Shall adhere to definition(s) located in article 12 of this Zoning Ordinance.

(Ord. No. 1-80, § 1, 1-8-80; Ord. No. 22-80, § 1, 7-22-80; Ord. No. 20-82, § 1, 9-28-82; Ord. No. 17-90, 5-10-90; Ord. No. 8-2000, 6-20-00; Ord. No. 8-2025, 4-15-25)

6.153

Accessory Uses Permitted

Parking lots and structures.

Garage or other building not used as a dwelling and accessory to the principal use.

Outside storage of goods incidental to the principal use provided that the storage is enclosed on all sides by a solid wall or fence at least (6) six feet in height or an alternate method of screening subject to the review by and approval of the Board of Adjustments.

(Ord. No. 20-82, § 1, 9-28-82; Ord. No. 19-86, § 3A, 9-15-86)

6.154

Conditional Uses Permitted

Commercial radio and television transmitting towers (except those regulated by the Public Service Commission) and housing for related equipment.

(Ord. No. 20-82, § 1, 9-28-82; Ord. No. 30-83, § 1, 1-11-84; Ord. No. 1-2000, § 4, 2-1-00)

6.155

Dimension and Area Requirements

(Ord. No. 20-82, § 1, 9-28-82; Ord. No. 8-2000, 6-20-00)

6.156

Parking Requirements

Parking requirements may be found in Article 10 of this Zoning Order.

(Ord. No. 20-82, § 1, 9-28-82)

6.157

Sign Requirements

Sign requirements may be found in Article 11 of this Zoning Order.

(Ord. No. 20-82, § 1, 9-28-82)

The intent of this district is to provide manufacturing, industrial and related uses which may potentially involve nuisance factors such as noise, air pollution, odor, vibration.

6.161

Noise Level Requirements

Noise levels emitted from any activities or operations within this district shall not at any receiving real property exceed:

as measured with a sound level meter conforming to ANSI type II specifications or better.

Air pollutant levels emitted from the activities operation shall not exceed the guidelines set up by the Department of Natural Resources Environmental Protection.

(Ord. No. 20-82, § 2, 9-28-82)

6.162

Principal Uses Permitted

Any use permitted in the I-1 zone provided that all provisions outlined herein shall apply.

Manufacturing or industrial uses provided that any building or outside storage, loading or working areas except accessory parking areas shall be located at least three hundred (300) feet from any residential land use and one hundred (100) feet from any other use except I-1.

Manufacturing including but not limited to foundries, brick kilns, curing and tanning, glue manufacturers, fertilizer manufacturers, stockyard, slaughterhouses, rendering plants, junk or wrecking material yards, gasoline storage areas, refuse dumps, sanitary landfill areas, or automobile racetracks. The manufacturer and/or sale of rock, sand or gravel when a principal use.

Contractor's equipment storage yard or plant.

Billboards and advertising signs.

Medical cannabis cultivators, producers, processors, and dispensaries within the City and County limits. It shall be illegal to sell medical cannabis within one thousand (1000) feet of elementary and secondary public and private schools, state-certified daycares, and parks - as referenced in City of Winchester Ordinance No. 17-2024. Shall adhere to definition(s) located in article 12 of this Zoning Ordinance

(Ord. No. 20-82, § 2, 9-28-82; Ord. No. 8-2025, 4-15-25)

6.163

Accessory Uses Permitted

Parking lots and structures.

Garage or other building not used as a dwelling and accessory to the principal use.

Outside storage of goods incidental to the principal use provided that the storage is enclosed on all sides by a solid wall or fence at least six (6) feet in height or an alternative method of screening subject to the review by and approval of the Board of Adjustments. (Ord. No. 20-82, § 2, 9-28-82)

6.164

Dimension and Area Requirements

None, except as provided in Articles 9.2 and 9.8. (Ord. No. 20-82, § 2, 9-28-82)

6.165

Parking Requirements

Parking requirements may be found in Article 10 of this Zoning Order. (Ord. No. 20-82, § 2, 9-2-82)

6.166

Sign Requirements

Sign requirements may be found in Article 11 of this Zoning Order.

(Ord. No. 20-82, § 2, 9-28-82)