In all cases where land is to be subdivided, a subdivision for the purpose of eventual development of lots of any kind—residential, commercial, or industrial—the provisions of the Winchester-Clark County Subdivision Regulations shall apply in addition to the provisions of the Zoning Order.

It is desirable that access points to arterial streets serving all zoning districts shall be located no more frequently than once every eighth to quarter mile. Topography and traffic volumes shall determine the exact locations. Heavy arterial traffic volumes demand greater access spacing. Along any arterial street where subdivided land and its minor streets are not sufficiently developed to permit acceptably spaced access points, the Winchester-Clark County Planning Commission (hereinafter known as the planning commission) may approve the platting of temporary access points and may require that temporary access points shall be eliminated by the developer when minor streets or marginal access streets are extended to the approved permanent access points. Such requirements shall be listed as special conditions on the recorded final plat. Access points shall also meet federal and state standards where applicable.

It shall be unlawful to construct any building or occupy any mobile home without water supply and sewage disposal facilities approved by the county health officer. Wherever water or sewer mains are accessible, buildings and mobile homes shall be connected to such mains. In every other case, individual water supply and sewage disposal must meet the requirements established by the Clark County Health Department and the Kentucky Department of Health.

Only one principal building and permitted accessory structures may be erected on any lot or parcel of land, unless a development plan has been approved by the commission pursuant to Article 8.6 allowing multiple principal structures. A billboard may be considered a principal structure if so designated in the zoning order. Temporary structures are permitted during construction only, and Class A, B, or C mobile homes may be utilized as temporary structures. Temporary occupancy shall not exceed one (1) year during construction of a residence nor two (2) years during construction of other projects, provided, however, that the enforcement officer may grant an extension of time for good cause shown.

(Ord. No. 29-83, § 6, 12-27-83; Ord. No. 9-88, § 1, 5-24-88)

The planned development project regulation is intended to permit the development of land for a purpose permitted within the zoning district in which located, and to increase the flexibility of design and encourage innovation by providing for the waiving of dimensional requirements.

A planned development project may be permitted in those zoning districts where it is designated as a special use under the zoning district regulations or may be permitted in any district after an amendment to the Zoning Map. A planned development project may depart from literal conformance with individual lot dimension and area regulations. A planned development project may be under single or divided ownership. All planned development projects shall be subject to the following regulations:

8.41

Procedure: When a planned development project is proposed, the procedure for subdivision approval as set forth in the Winchester-Clark County Subdivision Regulations shall be followed in its entirety even though the ownership of land may not be divided. A preliminary plat and final plat, both approved by the planning commission, shall be required for every planned development project. The planning commission may establish a schedule of reasonable fees to be charged for plat review. The project shall be developed according to the approved final plat. Zoning permits and certificates of occupancy shall be required for each building according to the requirements of this Zoning Order.

8.42

Uses and Densities: The uses of premises and development densities in a planned development project shall conform with the permitted uses and densities of the zoning district in which it is located when it is permitted as a special use. If a planned development project is proposed which includes uses or densities that are not permitted in the zoning district where it is proposed or not permitted in any zoning district, the project may be permitted after an amendment to the zoning district in conformance with the requirements of this Zoning Order. The amendment may be made after the conditional approval of the preliminary plat and shall be valid only for that project as approved.

8.43

Standards: In any planned development project, although it is permissible to depart from literal conformance with the individual lot dimension and area regulations, there shall be no reduction in the total equivalent lot area, parking area, and loading and unloading area requirements that would be necessary for the equivalent amount of individual lot development in the zoning district where it is located unless an amendment is made to permit a greater density according to the requirements of this Zoning Order.

8.44

Special Conditions: The planning commission shall attach reasonable special conditions to insure that there shall be no departure from the intent of this Zoning Order. The planned development project shall conform with all such conditions. Because a planned development project is inherently more complex than individual lot development and because each such project must be tailored to the topography and neighboring uses, the standards for such projects cannot be inflexible. The planning commission may attach special conditions based on all of the following standards in addition to imposing the standards for total area, parking area, and loading and unloading area. The planning commission may also attach any other reasonable special conditions.

1.

It is desirable that access points to all arterial streets shall be located no more frequently than once every eighth or quarter mile. The planning commission may approve the plotting of temporary access points in conformance with the Subdivision Regulations.

2.

Wherever there is an abrupt change in uses—i.e., residential to commercial—it is desirable that a buffer area of open space or protective planting be placed between them which will protect each use from the undesirable effects of the other.

3.

Parking and other areas used at night shall be adequately lighted, and private areas shall be adequately protected from such lighting and any other lighting from public areas. Public streets may also require protection from excessive glare of lighted areas.

8.45

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 as the procedure required for the original approval of said plan.

For the purposes of this ordinance, manufactured homes are divided into four (4) classes as follows:

8.51

Class A Manufactured Homes

A Class A manufactured home is one which

8.511

Is certified by the Mobile Home Manufacturers Association and the Kentucky Department of Housing, Building and Construction as meeting all Federal and Kentucky Construction and Safety Standards, (herein called "construction and safety standards");

8.512

Is installed in accordance with the following requirements (herein called "acceptable installation standards");

(1)

It shall be permanently attached and installed on a permanent foundation in accordance with the manufacturers installation specifications, which installation specification shall have been approved by the U.S. Department of Housing and Urban Development, and in accordance with the local building code applicable to single-family dwellings;

(2)

All wheel, trailer-tongue and hitch assemblies shall be removed prior to installation;

(3)

It shall be permanently connected to an approved water and sewer system and shall comply with all public health requirements governing plumbing installations; and

8.513

When installed, meets all of the following standards (herein called "acceptable appearance standards") designed to achieve acceptable similarity in appearance between the manufactured home and the site-built home in this community:

(1)

A poured concrete or masonry block skirting wall shall be constructed beneath and along the entire perimeter of the manufactured home, even if said wall is not structurally required by the manufacturer's installation specifications;

(2)

The minimum width of the main body of the manufactured home as assembled on the site shall not be less than twenty-four (24) feet as measured across sixty-five (65) per cent of the total length of the home;

(3)

The roof shall have a pitch of not less than two and one-half (2½) feet of rise for each twelve (12) feet of horizontal run, and eaves that shall overhang six (6) inches on the gable sides and twelve (12) inches on the eave sides, is constructed of roofing materials acceptable under, and installed in accordance with, the local code applicable to single-family dwellings.

(4)

All exterior walls shall be constructed of nonreflective siding materials which will have the appearance of wood or masonry, regardless of their actual composition, and shall be applied in accordance with the local building code applicable to residential construction.

8.52

Class B Manufactured Home

A Class B Manufactured Home is one which meets the "construction and safety standards" and the "acceptable installation standards", but which fails to meet the "acceptable appearance standards".

8.53

Class C Manufactured Home

A Class C Manufactured Home is one which fails to meet either the "construction and safety standards" or the "acceptable installation standards", or both, but is nevertheless found on inspection to be safe and fit for residential occupancy.

[8.54

Class D Manufactured Home

A Class D Manufactured Home is one which fails to meet the "construction and safety standards" or the "acceptable installation standards," or both and is found on inspection to be unfit for human occupancy.] (Ord. No. 28-83, § 7, 12-27-83)

Editor's note— Ord. No. 28-83, § 7, adopted Dec. 27, 1983, did not set out provisions relative to Class D, but the city advises that such provisions were intended to be included and designated as subsection 8.54.

8.61

Intent and Purpose

The purpose of this section is to establish and define development plans which may be utilized for a wide variety of planning related procedures. This section outlines the content and procedure for submission, review, and approval, of all development plans required by the Zoning Ordinance and Subdivision Regulations unless another procedure or different contents are specified elsewhere in this Zoning Ordinance.

8.62

Approval of Development Plan Before Building Permit

For any case where a development plan is required by this Zoning Ordinance, no building permits shall be issued until a final development plan is approved by the planning commission. The approval of a development plan shall limit and control the issuance of all building and occupancy permits, and restrict the construction, location and use of all land and structures to the conditions as set forth in the plan.

8.63

Where Required

Development plans shall be required as follows:

8.63(a) Development Plans in Conjunction with Zone Map Amendment Requests—Development plan approval shall be required with any zoning map amendment request.

8.63(a)(1) All applications for zoning map amendments shall require the submission and approval of both a preliminary development plan and a final development plan prior to development of the property. The preliminary development plan may be submitted in conjunction with the zoning map amendment request, but is not required. However, a certified plat, identifying the parcel to be rezoned and indicating bearings and distance with the accompanying written boundary description must be submitted with the Zone Map Amendment request.

8.63(a)(2) The commission in its discretion may waive the requirement for the submission and approval of a preliminary development plan, a final development plan, or both, if the commission finds that there will be minimal impact on the neighborhood or the subject property.

8.63(b) Development Plans Required for Multiple Principle Structures As Permitted By Section 8.3—Development plans required by section 8.3 to permit more than one principal structure and its accessory structures on a lot or a parcel of land shall be submitted to the commission, in accordance with the provisions of this article.

(Ord. No. 18-2008, § 9-2-08)

8.64

Development Plan Procedures

The following shall be the procedure for Planning Commission consideration of any development plan.

8.64(a) Filing—To formally request planning commission action on the development plan, the developer shall file three (3) completed copies of the plans required by the commission.

8.64(b) Review—The planning commission staff and concerned agencies shall review the development plan, and make recommendations to the commission's subdivision committee. The subdivision committee will review all recommendations, and then forward their recommendations to the commission.

8.64(c) Commission Action—No development plans shall be considered for action by the commission until they have been reviewed by the subdivision committee. All development plans shall be approved or disapproved within ninety (90) days of the date they are formally filed for commission action. However, in case of a development plan filed in conjunction with a map amendment request, the planning commission may postpone action of the development plan until after the legislative body has made its decision on the map amendment request.

The commission will review the subdivision committee's recommendation and then act for approval, conditional approval with conditions noted, postponement, or disapproval. The commission may modify or disapprove the development plan if it finds the plan does not comply with the requirements of the Zoning Ordinance, and when applicable, the land subdivision regulations or if it finds there are existing or potential substantial flood, drainage, traffic, topographic or other similar problems relating to the development of the subject property.

8.65

Types of Development Plans

There shall be a preliminary development plan and a final development plan, defined as follows:

8.65(a) Preliminary Development Plans—A preliminary development plan is a site plan by which, at the early stages of development design, the commission may consider, approve and restrict many major aspects of the development without requiring an undue amount of final design work on the part of the developer. The preliminary development plan is less detailed and specific than a final development plan in terms of exact arrangement of buildings, parking areas, open spaces, access points and any other site design features. No building permits can be issued based upon a preliminary development plan.

8.65(a)(1) Contents Of Preliminary Development Plan—A preliminary development plan shall contain the following information at a minimum:

(1)

A title block containing the plan name, development plan type, name and address of developer and plan preparer; and written scale,

(2)

The boundary of the subject property and the record plan name or owner's name of all adjoining property.

(3)

A vicinity sketch, oriented in the same direction as the design scheme.

(4)

Topography with contour intervals as shown on the available USGS sheets.

(5)

Location, arrangement, and approximate dimensions of existing and proposed driveways, walkways, parking areas and arrangement of spaces, points of ingress and egress, and other vehicular and pedestrian right-of-way.

(6)

Location of any proposed or existing streets within or abutting the subject property.

(7)

Screening, landscaping, buffering, recreational, and other open space areas.

(8)

Approximate size, location, height, floor area, area arrangement and use of proposed existing buildings and signs.

(9)

Storm drainage areas, floodplains, conceptual drainage controls and storm water retention and any other designated environmentally sensitive or geologic hazard area.

(10)

Proposed and existing easements for utilities or other purposes.

(11)

Areas of substantial existing trees including those located along fence rows and drainage areas along with a general description of the type and size of such trees.

(12)

A statistical summary of all pertinent site data, including site area, zoning, building coverage and floor area, parking, open space, etc.

(13)

An owner's certification, signed and witnessed as follows: "I (We) do hereby certify that I am (we are) the only owner(s) of the property shown hereon, and do adopt this as my (our) development plan for the property."

(14)

A commission's certification to be signed by the commission's secretary if and when the plan is fully approved, as follows: "I do hereby certify that this development plan was approved by the planning commission."

8.65(b) Final Development Plan—A development plan from which a building permit will be sought. A final development plan is intended to deal with site design issues at a detailed level and to actually dictate the approved locations of building, parking areas, open spaces, access points and any other site design features, that vary from those requirements for the uses permitted and regulated by the dimension and area requirements for that zoning classification.

8.65(b)(1) Contents of Final Development Plan—All information required for preliminary development plans as required under sections 8.65(a), numbers 1 through 14 above; and that the plan information shall be of an exact nature, rather than approximate or general.

8.66

Amendments to Development Plans

Amendments to approved development plans can be made only by official planning commission action. Content and format and procedures shall be as for the original submission. However, amendments which fully meet the requirements set forth hereinafter for minor amendments may be approved and certified by the commission's staff without further action by the commission.

8.66(a) Minor Amendments Defined—Minor amendments are intended to expedite approval in those situations where amendments are of minor significance and generally relate to the shifting of previously approved spaces. Such amendments (1) shall not decrease the overall land area in yards, or other open spaces; (2) shall not increase building ground area coverage, floor area, or height; or increase the number of dwelling units; (3) shall not increase the number or size of signs; (4) shall not change the location of any street and shall not increase the number, or change the location of street access points; except that shifts in the approved access location not exceeding twenty-five (25) feet may be approved as a minor amendment where the access point is not located on an arterial street.

8.67

Development Plans and Preliminary Subdivision Plan May be Combined

It is recognized that for certain development situations it can be advantageous to both the developer and the commission to combine the functions and requirements for development plans and preliminary subdivision plans in order to streamline the development approval process while not reducing the quality of the review.

8.68

Preliminary or Final Subdivision Plan May be Substituted for Development Plans Required in Conjunction with Map Amendment Request

It is recognized that in certain cases, a preliminary or final subdivision plan would be as appropriate or more appropriate to be considered in conjunction with a map amendment request than a development plan. Generally, such situations involve developments where placements of structures will be tightly controlled by the streets, lot pattern, and the requirements for placement of structures within the zone, and where the developer sees fit to have plans prepared at the required level of detail for subdivision plans prior to receiving a zone change approval.

(Ord. No. 36-87, § 1, 12-10-87)

Editor's note— Ord. No. 17-2014, § 1, adopted Dec. 16, 2014, repealed § 8.7, which pertained to rural residential cluster development regulations and derived from Ord. No. 3-99, § 4, adopted March 16, 1999.

Family farm homesites are permitted under the following requirements and conditions:

8.81

Qualifying Farm

Two classes of qualifying farms are created for the construction of family farm home site:

(a)

Class 1— The farm must be at least seven (7) acres and less than twenty-five (25) acres in size and have been owned by the owner/applicant for at least five (5) years.

(b)

Class 2— The farm must be at least 25 acres in size and have been owned by the owner/applicant for at least five (5) years.

8.82

Qualifying Grantee

The grantee of a family farm homesite must be an immediate family member of the grantor.

8.83

Size and Maximum Number of Home Sites

Each home site shall contain not less than one (1) acre.

(a)

If the farm meets the criteria for Class 1, then each home site shall contain not less than one (1) acre. The maximum number of family home sites shall be limited to one (1) in addition to the parent tract. The recorded plat shall state that no additional family farm home sites may be created on the parent tract.

(b)

If the farm meets the criteria for Class 2, then each home site shall contain not less than one (1) acre. The maximum number of family farm home sites shall be limited to three (3) in addition to the parent tract. The recorded plat shall state that no additional family farm home sites may be created on the parent tract.

8.84

Access

All family farm home sites shall be located on an access easement at least twenty (20) feet in width providing access to a public road. The access easement shall be shown on the record plat. No new entrances shall be permitted on county roads.

Editor's note— Ord. No. 15-2014, § 2, adopted Dec. 2, 2014, amended § 8.84 in its entirety to read as herein set out; said section formerly pertained to size and economic viability of farm.

8.85

Reserved

Editor's note— Ord. No. 15-2014, § 2, adopted Dec. 2, 2014, amended and renumbered § 8.85, pertaining to access, as § 8.84.

(Ord. No. 3-99, § 6, 3-16-99; Ord. No. 15-2014, § 2, 12-2-14)

8.91

Purpose

The purpose of this section is to provide means by which the development rights may be transferred from sending parcels to receiving parcels.

8.92

A development right is calculated as being equal to an area of land having 250 feet of road frontage on an existing (at the date of adoption of this regulation) county road with a minimum depth of two hundred (200) feet within an A-1 zoning district; provided, however, that there are no transferable development rights in the urban planning area as set in the community's comprehensive plan. In those instances where a parcel of land has no road frontage on an existing county road, but was on a recognized county road on Feb. 27, 1994 and was owned by an immediate family member on or before Dec. 31, 1966, development rights shall be calculated at the rate of one per ten (10) acres.

8.93

For the purpose of determining TDR multiples, the county is divided into four (4) areas as follows:

(1)

Area #1: Bordered on the west by Fayette County, the north by I-64, the east by a CSX Rail Road line that runs from Winchester to Ford and on the south by Madison County.

(2)

Area #2: Bordered on the west by Fayette County, north by Bourbon County, the east by an overhead electric transmission line that runs from the Montgomery/Bourbon County line to the Mountain Parkway near Morris Rd. and bordered on the south by I-64 and the Mountain Parkway.

(3)

Area #3: Bordered on the west by an electric transmission line and Area #2, the north and east by Montgomery County and Powell County and on the south by the Mountain Parkway.

(4)

Area #4: Bordered on the north by the Mountain Parkway, the east by Powell County, the south by Estill and Madison County and the west by the CSX Railroad and Area #1.

Note—Not included in any of these areas is the portion of land designated as the urban planning area.

8.94

TDR Multiples

(1)

The following chart shall be used to determine TDR Multiples:

(2)

A transfer from one property to another within the same area has a TDR multiple of 1.0.

(3)

Development rights may not be transferred from a higher numbered area to a lower numbered area.

8.95

Procedures

(1)

Sending parcels. The following procedure must be followed by the owner of the sending parcel.

(a)

The owner shall file with the planning commission a statement certified by a registered surveyor or engineer as to the length of the owner's frontage on the applicable public road, and may be required to furnish such other information as the commission may require in order to identify the property and determine the number of development rights attributable to the property.

(b)

Development rights may be transferred only by deed and the transfer shall be effective only if approved by the planning commission. The deed must state the total number of development rights contained in the sending parcel, the number of development rights transferred by the deed, and the number of development rights remaining in the sending parcel. A transfer of development rights shall be effective only upon recording of the deed transferring same, with planning commission approval endorsed thereon.

(2)

Receiving parcels. Prior to approval of the deed the planning commission must first approve the grantee's plan for incorporating the transferred development rights (TDRs).

8.95[6]

Planning commission shall adopt subdivision regulations to permit TDRs to be used to increase densities use in crossroads community districts.

(Ord. No. 3-99, § 6, 3-16-99)