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Winchester City Zoning Code

ARTICLE 7

- SPECIAL ZONING DISTRICTS

7.1 - Mobile Home District

7.11

Principal Uses Permitted

Manufactured home parks, complexes and subdivisions containing manufactured homes of classes A, B, or C or any combination thereof.

7.12

Accessory Uses Permitted

Community open spaces, recreational areas, management or office headquarters, swimming pools, tennis courts and other uses clearly incidental to a manufactured home park.

7.13

Conditional Uses Permitted

Incidental retail uses such as barber and beauty shops, self-service laundries, news and novelty stands, snack bars, commissaries, and the like, operated solely for the convenience of the residents of the park;

Nursery schools, day nurseries, provided a fenced-in play area is provided;

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

7.14

Minimum Area for Park, Subdivision, or Complex

No manufactured home park, complex or subdivision shall be developed on a site of less than ten (10) acres in area. Development may be permitted in stages in accordance with an approved development plan, provided that at least ten (10) spaces are to be developed for use initially.

7.15

Density

The number of manufactured homes permitted in a park, subdivision or complex shall not exceed eight (8) per gross acre.

7.16

Dimension and Area Requirements for Individual Lots

Maximum height 35 feet
Minimum lot area with sanitary sewer 2,400 square feet
Minimum lot area without sanitary sewer 1 acre
Maximum lot coverage 30 per cent
Minimum lot width 35 feet
Minimum front yard 20 feet
Minimum rear yard 20 feet
Minimum side yard 10 feet

 

7.17

Procedure

Application for the creation or enlargement of a manufactured home park, complex or subdivision shall be made to the Winchester-Clark County Planning Commission. The application shall include a development plan. The application and development plan shall be in the form and contain such information as the planning commission may require. When the application and development plan shall have been approved, the project shall be developed in accordance with the plan approved, and no substantial change may be made without the prior approval of the planning commission. A zoning permit shall not be issued until a permit has been issued by the Commonwealth of Kentucky pursuant to the Kentucky Mobile Home and Recreation Vehicle Park Act, 1972, as amended from time to time, or its successor. In addition to the zoning permit for the entire park, a building permit or certificate of occupancy is required for each individual lot.

7.18

Enlargement

Any enlargement or extension of an existing manufactured home park, complex or subdivision shall be in accordance with the requirements of this article and a zoning permit shall be obtained for such enlargement or extension in the same manner as for a new park complex or subdivision.

7.19

Streets

All manufactured home parks shall have access to an existing public street, and all lots within the park shall have access to a public street or to an interior street within the park. A manufactured home park may have either public or private interior streets, but in either instance, the streets shall be constructed in accordance with the requirements for public streets contained in the Land Subdivision Regulations of Winchester and Clark County.

(Ord. No. 29-83, §§ 1, 5, 12-27-83)

7.2 - Planned Recreation District

7.21

Intent—The intent of this district is to provide for the timely and appropriate development of those areas of the county which, because of natural or manmade physical features such as forest or wilderness area, streams, lakes, unique topography or particular forms of development, are an asset which requires special consideration by the planning commission.

7.22

Principal Uses Permitted

Uses permitted and as regulated in the R-1 District.

Commercial campground or camping area.

Marina or boat dock, including the servicing and storage of boats.

Public parks and recreation areas.

7.23

Accessory Uses Permitted

Accessory uses permitted and as regulated in the R-1 District.

7.24

Conditional Uses Permitted

Retail uses such as self-service laundries, snack bars, commissaries and the sale of gasoline, oil and marine supplies when incidental and accessory to a permitted principal use.

Motels and recreational vehicle parks, private commercial recreational areas other than those permitted as principal use, and restaurants. (Ord. No. 30-83, § 15, 1-11-84)

7.25

Reserved

(Ord. No. 30-83, § 1, 1-11-84)

7.26

Dimension and Area Requirements

The dimension and area requirements shall be the same as those associated with the district in which the use involved is first permitted, except that the requirements for residential uses shall be those associated with the R-1 District.

7.27

Parking Requirements

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

7.28

Sign Requirements

The sign requirements shall be the same as those associated with the district in which the use involved is first permitted, except that the requirements for residential uses shall be those associated with the R-1 District.

7.3 - Planned Development District

The purpose of the Planned Development District is to permit the combination of a variety of uses in a single planned project and thus encourage innovating design and economy of space for urban development. The dimension area requirements involved shall not be varied unless a planned development project is approved by the planning commission.

7.31

Principal Uses Permitted

A.

Agriculture and accessory agricultural structures.

B.

Farm Dwellings.

7.32

Special Uses Permitted

A.

Planned development project for residential, professional office, commercial, or light industrial uses. The procedure for planned development projects shall be followed.

B.

Residential or commercial subdivision.

C.

Planned development project for designated public uses.

7.33

Special Regulations

A.

The initial final plat of a planned development project or subdivision in a planned development district shall comprise at least five acres wholly within a planned development district and shall show the purposed design for development and use of that entire project area. Such a project may thereafter be expanded on adjacent land according to the planned development or subdivision procedure as applicable with no minimum acreage required provided the expansion is for the same principal use as the initial five-acre development and may be incorporated as an integral extension of the original plan. The effect of a planned development project on surrounding uses and the recommendations of all officially adopted plans shall be considered in determining the approval or disapproval of a project.

B.

The planning commission shall require the dedication or reservation of right-of-way, as authorized by the subdivision regulations to provide access to interior land in planned development districts.

All access to arterial streets serving planned development districts shall be approved according to the standards contained in the Zoning Order.

C.

When a tract of land under five acres in a planned development district is under one ownership and that owner has owned no adjoining land at any time since the effective date of the Zoning Order, such a tract may be platted as a planned development project or subdivision.

7.34

Dimension and Area Regulations

The dimension and area requirements for each use involved shall be those associated with the zoning district within the use is first permitted.

7.35

Amendment

An approved development plan may be amended only by the planning commission after a public hearing has been held on said proposed amendment. The procedure to be followed in amending a development plan shall be the same procedure as the procedure required for the original approval of said plan.

7.36

A copy of the approved development plan shall be filed in the office of the enforcement officer and shall be used thereafter as a basis for the issuance of all building permits and certificates of occupancy, and such building permits and certificates of occupancy shall be issued only in conformance with said development plan or any properly approved amendment to said plan.

7.4 - Hazardous Development District

7.41

Intent

To protect persons and property from the hazards of development within areas which are subject to flooding or water inundation, landslides or unstable soil conditions, by limiting the uses permitted within such areas to those which do not involve human habitation and are generally not affected by the aforementioned hazardous conditions.

7.42

Principal Uses Permitted

Agriculture, including dairying and animal and poultry husbandry;

Public parks and recreation areas, open spaces;

Equipment and material storage yards and salvage yards, provided that they are enclosed on all sides by a solid fence or wall not less than six (6) feet high;

Private recreation areas, uses and facilities such as hunting and shooting clubs, excluding structures used for temporary or permanent human residency;

Parking areas.

7.43

Conditional Uses Permitted

Sanitary landfill area or dumps, mineral extraction, mines, quarries, gravel pits, airports, landing strips, and petroleum or inflammable liquid storage. (Ord. No. 30-83, § 16, 1-11-84)

7.44

Prohibited Uses

Residential structures

7.5 - Crossroads Community District

7.51

Purpose

The purpose of this district is to enable rural settlements to continue to exist and allow for limited residential growth and commercial expansion necessary to fulfill the daily need of the residents. This district is further intended to be a receiving area for development rights to permit increased density while creating less development in the farm oriented areas.

7.52

Uses Permitted

Those uses permitted and as regulated in the following districts: R1-A through R-1E, R-2 through R-6, P-1 and B-1. Dimension and area requirements as well as sign requirements shall be the same as those associated with the district in which the use is first permitted.

7.53

Minimum Area Requirement for New Development

Any parcel within an identified crossroad community is eligible for the crossroad community zoning classification. However, the minimum site for any new development shall be five (5) acres and may be under single or multiple ownership. Development may be permitted in stages and include a mixture of land uses.

7.54

Existing Parcels

Existing parcels containing less than five (5) acres shall also be eligible for crossroad community zoning classification in instances where a change in use is requested.

7.55

Minimum Area Requirement for Each Individual Use

Each individual use shall be located on a parcel of not less than one acre, unless density is increased by the use of Transferred Development Rights (TDRs).

7.56

Design Standards

Each crossroad community development shall include a plan to insure orderly growth, street interconnectivity and provisions for storm water runoff control. Adequate public facilities shall be available to provide fire protection and the treatment of sanitary sewer waste. Any single use on a parcel of one or more acres shall utilize a disposal system reviewed and approved by the Clark County Health Department. On those parcels where density is greater than one per acre and the disposal system is mechanical in nature this system must be accepted for maintenance by an approved agency. The location of the expanded residential and commercial uses shall fill in around the existing community by construction of connecting streets. The growth of the crossroads community shall be consistent with the small village character of the area.

7.57

Applicability

A Crossroads Community District shall be utilized only in areas designated by the Planning Commission after amending the Comprehensive Plan. Prior to this designation a committee of eight (8) shall be formed to receive comment from the residents and owners of the affected area to determine the appropriateness of a Crossroads Community designation. The committee shall be appointed jointly by the County Judge Executive and the Planning Commission Chairman and shall be composed of four (4) persons who either reside or own property within two (2) miles of the crossroads, one citizen at large, one member of the Clark County Fiscal Court, one Planning Commission Member and one member of the Comprehensive Plan Update Committee existing at the time of the appointment. The committee shall elect its own chairman. If a Crossroads Community is determined to be appropriate, then the committee shall determine the boundaries of the district.

(Ord. No. 3-99, § 4, 3-16-99)