The regulations set by this Zoning Order within each zone and district shall be minimum or maximum limitation, as appropriate to the case, and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided:

9.11

No building, structure, or land shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the zone and district in which it is located unless otherwise specifically permitted in this Zoning Order.

9.12

No building or other structure shall hereafter be erected or altered:

a)

To exceed the height, bulk or floor area ratio;

b)

To accommodate or house a greater number of families;

c)

To occupy a greater percentage of lot area; or

d)

To have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required; or in any other manner contrary to the provisions of this Zoning Order, except as provided in Article 5, Board of Adjustment.

9.13

No part of a yard, open space, off-street parking, loading space or other special use area required about or in connection with any building or land for the purpose of complying with this Zoning Order, shall be included as part of a yard, open space, off-street parking, loading space or other special use area similarly required for any other building or land unless otherwise specifically permitted in this Zoning Order.

9.14

No yard or lot existing at the time of adoption of this Zoning Order shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the adoption of this Zoning Order shall meet at least the minimum requirements established by this Zoning Order.

9.15

There shall be no more than one principal structure and its accessory structures on any lot or parcel of land unless otherwise specifically permitted in this Zoning Order.

9.16

Only those uses specifically permitted or substantially similar to permitted uses are permitted in each zone or district.

9.17

No structure shall be erected on any lot or tract of land which does not adjoin and have direct access to a street or other public right-of-way for at least twenty (20) feet unless otherwise specifically permitted in this Zoning Order.

Along any zone boundary line, any abutting side yard or rear yard on a lot adjoining such boundary line in the less restricted zone shall have a minimum width and depth equal to the required minimum width and depth of such yards in the more restricted zone.

The conversion of any building into a dwelling, or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families shall be permitted only within a zone in which a new building for similar occupancy would be permitted under this Zoning Order and only when the resulting occupancy will comply with the requirements governing new construction in such zone with respect to minimum lot size, floor area, dimensions of yards and other open spaces, and off-street parking. Each version shall be subject also to such further requirements as may be specified after applying to such zone. The aforesaid requirements with respect to yards and other open spaces shall not apply if the conversion will not involve any exterior structural changes.

9.41

No accessory building shall be erected in any required court or in any yard other than a rear yard; provided, however, that an accessory building may be erected as a part of the principal building, or, if at least six (6) feet therefrom, may be connected thereto by a breezeway or similar structure, provided all yard and court requirements of this Zoning Order for a principal building are complied with; provided, further, however, that a temporary accessory structure may be permitted subject to the following conditions:

(1)

For any one business such structure may be permitted for not more than ten (10) consecutive days not more than twice in any calendar year.

(2)

Such structures shall be located so as not to interfere with the movement or safety of vehicle or pedestrian traffic, either on the public way or business premises.

(3)

A permit must be issued pursuant to the provisions of Article 3.2.

9.42

Accessory buildings shall not exceed one story in height, and shall be distant at least six (6) feet from alley lines and at least five and one-half feet from lot lines of adjoining lots in a Residence Zone provided, however, that an accessory building may be constructed on a side or rear lot line, not an alley lot line, by common consent of the adjoining property owners concerned.

9.43

Where a corner lot adjoins in the rear a lot in a Residence Zone, no part of an accessory building within twenty-five (25) feet of the common lot line in the rear shall be nearer a side street lot line than the least depth of any front yard existing or as required, whichever is less, along such side street for a principal building on such adjoining lot, and in no case shall any part of such accessory building be closer to the side street lot line than the main building to which it is accessory.

(Ord. No. 9-98, § 24, 6-2-98)

In any Residence Zone on any corner lot, no fence, structure or planting shall be erected or maintained within twenty (20) feet of the intersection of the two street pavement edges.

No existing building in the rear of a principal building on the same lot may be used for residential purposes unless such use is approved as a special exception by the Board of Zoning Adjustment which shall determine whether adequate vehicular access will be provided by a public street and that the criteria for group housing set forth in this zoning order are met.

No recreational vehicle shall be used for living, sleeping or housekeeping purposes on any lot in a residential zone; nor shall any recreational vehicle be parked or stored in or upon any public right-of-way in a residential zone, except for the purpose of loading or unloading same. For purposes of this section, the term "recreational vehicle" is defined to include boats, boat trailers, travel trailers, pick-up campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers and the like.

(Ord. No. 2-93, §§ 1, 2, 1-26-93)

Editor's note— Ord. No. 2-93, §§ 1 and 2, adopted Jan 26, 1993, amended the Code by repealing provisions contained in App. A, § 9.7. Prior to inclusion of said ordinance, App. A., § 9.7 pertained to the storage of mobile homes and carried no history note.

(1)

Yards Generally

Except as otherwise specified herein, every lot shall have a front yard and a rear yard the least depths of which shall not be less than those specified for the respective zone and every lot shall have a side yard on each side, which shall not be less than the side yard as specified for the zoning district in which it is located.

(2)

Front Yards

(A)

Double frontage lots—Double frontage lots shall meet the front yard requirements of the district or districts in which they are located on both of the streets upon which they front.

(B)

Exceptions for Existing Alignment—In any zoning district except Business or Industrial zones, where any lot lies between and adjacent to two (2) lots with existing buildings, and all of the following conditions exist:

1.

All three (3) of said lots lie within the same block;

2.

The average depth of the front yards of the two (2) adjacent lots is less than the minimum permitted within the zoning district; and

3.

At least one of the existing buildings lies within one hundred (100) feet of the side lot line of the subject lot;

then the minimum front yard permitted for such lot shall be the average of the front yards of the two (2) adjacent lots, but in no event less than ten (10) feet.

(C)

Yard on Street Side on Lot Adjoining or Facing Residential Zoning—On a lot in any nonresidential zone sharing the same block front with a lot in any Residential Zone the minimum front yard required shall equal in depth the front yard required for that Residential Zone.

(D)

Front yards on Through Lots—On any lot which runs through a block from street to street, a front yard as otherwise required in the zone shall be provided along each street lot line.

(E)

Front Yards Which May be Varied—Where the front wall of a building is not parallel with the front lot line or is broken or otherwise irregular, the average depth of the front yard shall not be less than the otherwise required front yard; provided, however, that such front wall shall at all points be within five (5) feet of the otherwise required front yard depth.

(3)

Side Yards

(A)

Reserved.

(B)

Side Yards Decreased for Narrow Lot—For each foot by which an existing lot of record at the time of enactment of this zoning Ordinance is narrower than fifty (50) feet and where the owner of record does not own any adjoining property one and one-half (1½) inches may be deducted from the required least width of any side yard for building not exceeding two and one-half (2½) stories in height; provided, however, that no side yard shall be narrower at any point than three (3) feet in any case.

(C)

Side Yards Increased for Deep Buildings—In any zone where a side yard is required, the least width of each side yard shall be increased by one inch for each foot by which the side wall of a building adjacent to a side yard exceeds fifty (50) feet in depth.

(D)

Side Yard Exceptions for Row Dwellings—In the case of attached dwelling units, the entire structure shall be considered as a single building with respect to side yard requirements.

(E)

Side Yards Which May be Varied—Where the side wall of a building is not parallel with the side lot line or is broken or otherwise irregular, the average width of the side yard shall not be less than the otherwise required least width; provided, however, that such side yard shall not be narrower at any point than one-half the otherwise required side yard nor narrower than three (3) feet in any case.

(F)

Side Yard For an Addition To An Existing Building—On any lot in a residential zone, where the principal structure does not meet the minimum required side yard for that zone, and the side yard is legally nonconforming, additions to the principal structure may be made which have the same side yard as the original structure. In no case shall the addition be closer than three (3) feet to the adjoining lot line.

(4)

Rear Yards

Where the rear wall of a building is not parallel with the rear lot line or is broken to otherwise irregular, the average depth of the rear yard shall not be less than the otherwise required rear yard; provided, however, that such rear yard shall not be less than one-half the otherwise required rear yard at any point, or less than twenty (20) feet in any case.

(5)

Projections

(A)

Covered porches, stairways, terraces or other similar features, the floor level of which is not over three (3) feet above the average finished grade and which do not extend above the level of the first floor of the building, when open and unclosed, may project into a required front, side or rear yard not more than eight (8) feet, provided that such covered porches, stairways, terraces, or other similar features conform to the provisions of subsection (D).

(B)

Outside stairways may extend not more than three (3) feet into any required side yard; nor more than five (5) feet into any required rear yard.

(C)

Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, gutters and the like, may extend not more than twenty-four (24) inches into any required yard, provided they are at least three (3) feet from all lot lines.

(D)

Notwithstanding any other provision of this section no projection as listed above shall extend into any required side yard more than one-half the width of such yard nor within ten (10) feet of the front lot line nor five (5) feet of the rear lot line, nor within three (3) feet of accessory building, provided, however, that such limitations shall not apply to terraces and steps within required yards, or to a loading dock, or tailboard in connection with an industrial siding.

(6)

Front Yard Driveways in Residential Zones.

(A)

On any lot containing a detached single-family dwelling, (1) where no enclosed garage is provided, and (2) where the width of the driveway exceed twenty-five (25) per cent of the width of the lot at the established building line, the driveway shall extend beyond the front wall of the residence into the side yard for a distance of at least twenty (20) feet.

(B)

No front-facing garage may be located within twenty-five (25) feet of the public street or road right-of-way.

(C)

In any case, the width of a front yard driveway shall not exceed forty (40) per cent of the width of the lot at the established building line.

(D)

No front yard driveway shall have a finished grade slope greater than one (1) foot to eight (8) feet.

(Ord. No. 4-92, § 1, 3-11-92; Ord. No. 20-98, § 3, 11-17-98; Ord. No. 2-2002, 2-5-02; Ord. No. 22-2002, 2-27-02; Ord. No. 13-2004, 7-19-04)

Editor's note— Ord. No. 15-2007, § I, adopted Dec. 4, 2007, repealed former § 9.9 in its entirety, which pertained to garages in residential zones and derived from Ord. No. 25-2002, adopted Nov. 11, 2002.

Telecommunications towers shall be permitted in all zoning districts subject to the following standards:

(1)

Any legally permitted and constructed telecommunications towers, as of (the effective date of this section [Ord. No. 1-2000]) shall be exempt from these regulations; except when discontinued for a period of twelve (12) months in accordance with section 4.2 of this appendix. In such cases, the applicant or utility shall be required to follow the procedures listed herein.

(2)

All applications for telecommunications towers and related equipment shall be in accordance with KRS 100, KRS 278 and KAR 807.

(3)

All applicants for telecommunications tower approval shall file a development plan in accordance with section 8.62 for public hearing before the Planning Commission, except where co-location is proposed as hereinafter provided.

(4)

In residential districts, the following setbacks shall apply to telecommunications towers and related structures:

(A)

The minimum front, side and rear yards in the applicable district, or twenty-five (25) feet, whichever is greater.

(B)

For each two (2) feet of height the tower exceeds the maximum allowable building height within the district, one foot shall be added to the minimum setback.

(C)

The total height shall not exceed one hundred fifty (150) feet.

(D)

The tower shall be a monopole structure.

(5)

In agricultural districts, the minimum front, side and rear yard requirements shall be increased by one foot for each two (2) feet in height the tower exceeds the maximum allowable building height.

(6)

In all residential and agricultural districts, and wherever possible, all telecommunications towers shall be designed and constructed so as to minimize any potential negative aesthetic, environmental, or visual impacts. This may include the use of camouflage and/or additional screening techniques.

(7)

In commercial, industrial and professional office districts, the following requirements shall apply:

(A)

The minimum front, side and rear yard requirements shall be increased by one foot for each two (2) feet in height the tower exceeds fifty (50) feet.

(B)

Where adjacent to residential or agricultural district, the setback requirements for the adjacent district shall apply with respect to the property line adjacent to the residential or agricultural district.

(C)

In those districts where no setbacks are required, the minimum front, side and rear yards shall be twenty-five (25) feet plus one foot for each two (2) feet of height the tower exceeds fifty (50) feet.

(8)

The following method shall be used to measure the height of the telecommunications towers: beginning at the base of the tower, at ground level and including any support structures, to the top of the main tower structure, excluding the antenna(e) assembly.

(9)

Co-location of antenna(e) on existing structures (i.e., telecommunications towers, buildings and water towers) is encouraged. Where co-location is proposed, the applicant must file with the application a written consent executed by the owner of the existing structure; and in such case, no development plan shall be required.

(10)

The Planning Commission shall review and approve or deny an application in accordance with KRS 100. Such review and approval or denial shall be made, in writing, within sixty (60) days of the date the application is submitted for Planning Commission review, unless the applicant or utility requests, in writing, an extension of time.

(11)

The following landscaping requirements shall apply:

(A)

All telecommunications towers shall have one or more rows of evergreen trees or shrubs capable of forming a continuous hedge six (6) feet in height. The hedge shall screen the base of the tower and related structures from public view. A break in the hedge, not to exceed fifteen (15) feet in width, shall be allowed for access of maintenance personnel and vehicles.

(B)

New or existing vegetation, earth berms, existing topographic features, wall opaque fences and features other than those listed may be used to meet these requirements upon finding by the Planning Commission that the same degree of screening required above is achieved by the proposed alternative.

(C)

No screening shall be required where explicitly prohibited by the Federal Communications Commission regulations. In such cases, the applicant or utility shall provide the Planning Commission with a written statement of the facts explaining the prohibition of locally required screening.

(Ord. No. 1-2000, § 3, 2-1-00; Ord. No. 25-2002, 11-19-02)

Editor's note— Formerly numbered as section 9.9.

Construction of structure(s) contain(s) fifty thousand (50,000) square feet or more shall comply with the Winchester—Clark County Big Box Design Standards. (Separate document available in the office of the Winchester—Clark County Planning and Zoning Commission.)

(Ord. No. 20-2003, 12-2-03)