Amend Article 5 to add definitions of temporary structure and use. Amend Section 9.4C to require minimum setbacks for temporary structures

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1 Temporary Structure Exception Purpose: To define temporary structure and use, clarify setbacks for such structures, and eliminate the Zoning Compliance Permit requirement for temporary structures. Amend Article 5 to add definitions of temporary structure and use Temporary Structure: A structure that is removed when the designated time period, activity or use, for which the temporary structure was erected has ceased. These structures must comply with the setbacks requirements set forth in Section 9.4B of these Regulations. Temporary Use: A use established for a limited duration with the intent to discontinue such use upon the expiration of the time period. The time period for temporary use shall not exceed six (6) months. These uses include but are not limited to fireworks stands, tent sales, special promotion sales, portable storage units (PODS), greenhouses, and similar uses. Amend Section 9.4C to require minimum setbacks for temporary structures 9.4 (B) Accessory Structures. (1) Height. Accessory structures shall not exceed the height of the principal structure and shall be subordinate in scale to the principal structure. In cases where the accessory structure is installed or constructed prior to the principal structure, the accessory structure shall be subordinate and shall comply with maximum height provision for the specific zoning district in which the accessory structure is located. Commercial or industrial accessory buildings must meet the height requirements for principal use structures. (2) Separation & Setbacks. Accessory structures shall not be located within any required front yard setback. The minimum rear and side yard setbacks shall be five (5) feet. If an accessory structure is located along a platted alley, the minimum rear and side yard setback along a platted alley shall be six (6) feet. A detached accessory structure must be separated from the principal structure by six (6) feet, as measured between the eaves of both structures. If the accessory structure is less than six (6) feet from the principal structure or if it is erected as part of or attached to the principal structure or connected thereto by a breezeway or other similar structure, then the accessory structure must comply with all yard setback requirements for a principal structure in the applicable zoning district. Commercial or industrial accessory buildings must meet the height and setback requirements for principal use structures. 9.4C Temporary Structures. Unless otherwise set forth in these Regulations, temporary structures shall comply with the height and setback requirements of accessory structures set forth above in Section B above. Amend Section 3.2B to add an exception for temporary structures from Zoning Compliance Permit requirements. B. Exceptions. The following exceptions shall apply: (1) Temporary structures. No zoning compliance permit shall be required for temporary structures, as defined in Article 5 of these Regulations. Page 1

2 Fence Height Revision & Zoning Compliance Permit Exception Purpose: To amend the definition of structure to revise fence height to seven (7) feet, thereby eliminating the requirement for a Zoning Compliance Permit for any fence less than seven (7) feet in height. Amend Article 5 to revise height of fence from 5 feet to 7 feet. Structure: Anything constructed or erected, the use of which requires location on the ground or attached to something having a location on the ground, but not including fences up to sixty (60) inches seven (7) feet in height, or poles and appurtenances thereto used for the provisions of public utilities; includes buildings and mobile homes. 2/24/2015 Public hearing 2/24/2015 Recommended approval by the Planning Commission Page 2

3 Accessibility Improvements Definition & Setback Exception Purpose: To add definition of accessibility improvement and provide exceptions to setbacks for accessibility improvements. Amend Article 5 to add definition of accessibility improvement Accessibility Improvement: An unroofed and open structure, including a ramp or chairlift, that (1) allows a person with a physical disability access to a dwelling and (2) is exterior to a dwelling. Amend Section 9.8D to set forth setback exceptions for accessibility improvements 9.8D Accessibility Improvement Exceptions. Accessibility improvements may extend or project within ten (10) feet of front and rear property lines and within five (5) feet of side property lines. The accessibility improvement shall be permitted only for the access of a disabled resident of the dwelling and shall be removed if the dwelling is no longer occupied by a disabled resident. Accessibility improvements shall not be considered impervious area in the calculation of minimum open space. A variance shall not be required for accessibility improvements meeting these standards; however, the property owner shall be required to obtain a Zoning Compliance Permit to ensure compliance with these standards. 2/24/2015 Public hearing 2/24/2015 Recommended approval by the Planning Commission Page 3

4 As-Built Foundation Survey Requirement Purpose: To amend Zoning Compliance Permit requirements to require an as-built foundation survey for (1) professional office, commercial, and industrial uses and (2) any structure requiring a variance Amend Section 3.3J to add survey requirement 3.3J For professional office, commercial, and industrial structures and any structure requiring a variance, an as-built foundation survey signed and stamped by a licensed land surveyor and certifying the final setbacks of the structure; and, Page 4

5 Variance & CUP Statutory Findings Purpose: To amend the variance and CUP finding requirements to be consistent with KRS Amend Section 4.3B to reflect variance and CUP statutory findings. 4.3B. Variances: To authorize, upon appeal in specific cases such variance from the dimensional requirements of this ordinance, subject to terms, and conditions fixed by the Board, as will not be contrary to the public interest where, owing to exceptional and extraordinary circumstances, literal enforcement of the provisions of this ordinance will result in unnecessary hardship; provided however, that no variance shall be authorized unless the Board shall find that all of the following conditions exist: (1) That the variance will not authorize the operation of a use other than those uses specifically enumerated as permitted uses for the district in which is located the property for which the variance is sought; (2) That the development or use of the property for which the variance is sought, if limited by a literal enforcement of the provisions of this ordinance, cannot yield a reasonable return in service, use or income as compared to adjacent conforming property in the same district; (3) That the plight of the owner of the property for which the variance is sought is due to unique circumstances existing on the property, that the unique circumstances were not created by the owner of the property and are not due to or the result of general conditions in the district in which the property is located; (4) That the variance will not substantially or permanently injure the appropriate use of adjacent conforming property in the same district; (5) That the variance will not alter the essential character of the district in which is located the property for which the variance is sought; (6) That the variance will not weaken the general purposes of this ordinance or the regulations herein established for the specific district; (7) That the variance will be in harmony with the spirit and purposes of this ordinance; (8) That the variance will not adversely affect the public health, safety or general welfare. (1) To hear and decide on applications for variances. The Board of Adjustment may impose any reasonable conditions or restrictions on any variance it decides to grant. Before any variance is granted, the Board of Adjustment must find that the granting of the variance will not adversely affect the public health, safety or welfare, will not alter the essential character of the general vicinity, will not cause a hazard or a nuisance to the public, and will not allow an unreasonable circumvention of the requirements of these Regulations. In making these findings, the Board of Adjustment shall consider whether: (a) The requested variance arises from special circumstances which do not generally apply to land in the general vicinity, or in the same zone; (b) The strict application of the provisions of the regulation would deprive the application of the reasonable use of the land or would create an unnecessary hardship on the applicant; and, (c) The circumstances are the result of actions of the applicant taken subsequent to the Page 5

6 adoption of the Zoning Regulations from which relief is sought. (2) The Board of Adjustment shall deny any request for a variance arising from circumstances that are the result of the willful violations of the Zoning Regulations by the applicant subsequent to the adoption of the Zoning Regulations from which relief is sought. C. Conditional Use Permits: To hear and decide applications for conditional use permits to allow for the proper integration into the community of uses which are specifically named in the Zoning Regulations which may be suitable only in specific locations in the zone only if certain conditions are met. To hear and decide applications for conditional use permits. Conditional use permits, as defined in KRS , are granted by the Board of Adjustment within whose jurisdiction the site of the proposed conditional use is located. Conditional use permits are to be granted only after all applicable substantive and procedural requirements of KRS 100 and these regulations are met. Neither the approval or existence of a conditional use shall be deemed to alter the basic character of the area in which it is located and shall not be admissible for evidentiary purposes for any rezoning request. All requests for conditional use permits shall meet the following mandatory requirements as well as being reviewed for the requirements, if any, listed for the conditional use in each specific zone under conditional uses permitted : (1) The proposed use must blend in with surrounding uses and is not a detriment to the area; (2) Adequate public or private utilities are provided on site to serve the particular needs of the specific use proposed; (3) Traffic circulation is adequate both to and from the site; (4) Adequate parking and traffic flow areas are provided on site; and (5) When necessary to insure compliance with the forgoing requirements, limitations may be placed on the hours of operation and/or on the duration of the permit. Page 6

7 R&D, Corporate Headquarters, Regional Headquarters & Administrative Offices Purpose: To amend I-1 and I-1M permitted uses to include research and development, corporate headquarters, regional headquarters, and administrative offices. Amend Sections 6.17A and 6.18A add the following uses as permitted uses. Please note that Section 6.19A does not require amendment as I-2 zoning takes all uses in I-1M. Research and development facilities, corporate headquarters, regional headquarters, and administrative offices. These facilities may be part of a manufacturing use or stand-alone facilities and must be located within a platted industrial park. These facilities shall not be located on individual properties located outside of a platted industrial park. If such facilities are not part of a manufacturing facility and are stand-alone, then the facility must have and maintain a minimum of twenty (20) employees. Page 7

8 Specialty Skilled Shop CUP Requirements Purpose: To amend Section 6.1C(6) to revise the mandatory CUP requirements for specialty skilled shop to allow greater flexibility 6.1C(6) Owner-Operated, Specialty Skilled Shop. The intent of this section is to permit the resident craftsman to benefit from his specialty skill at his residence. Examples of the type of uses so permitted are welders, mechanics, wood workers, sawmills, re-upholsters, appliance repair persons, sign painters, etc. Conditions which may be imposed or which shall be mandatory (*) include: the business may be operated by the resident owner and immediate family members residing at the location; no outside employees are allowed(*); the use shall have no more than three (3) non-resident employees employed or associated with the business on-site (*); a specialty skilled shop must be located on the tract occupied by the property owner s principal residence; only one specialty skilled shop shall be permitted per tract (*); no person may own or operate more than one such business (*); no more than one structure be permitted for such operation; such structure not exceed 2,500 sq. ft. in area (*); storage of any equipment, necessities, or accessories to said business which incidentals to the business must be completely and entirely stored and contained within said structure (*); limits may be placed on hours of operation; impose special screening and buffering requirements; as well as any other requirement that allows the use to blend in with its unique surroundings. Page 8

9 Contracting Business CUP Requirements Purpose: To amend Section 6.1C(8) to revise the mandatory CUP requirements for specialty skilled shop to allow greater flexibility 6.1C(8) Contracting Businesses (electrical, general, plumbing excavation, concrete, etc.) at the contractor s place of residence: Conditions that may be imposed or that are mandatory (*) include: that the lot or parcel on which the business is located must be at least five (5) acres in size (*);the contracting business must be located on the tract occupied by the property owner s principal residence; (3) only one contracting business shall be permitted on the property owner s principal tract; no activity related to the business shall occur within 100 feet of any adjoining property (*); that the use involve one building only being no more than 2500 square feet in size; that the area of the lot or tract to be used for the purposes of the conditional use, excluding a driveway, is to be no more than 25,000 square feet; that there are no more than five (5) three (3) non-resident employees, including the landowner and other resident employees, employed or associated with the business on-site; that there are no more than four (4) pieces of business equipment or vehicles (trailer to carry a piece of equipment not counting as a separate piece of equipment) allowed on-site (*); and special screening or buffering may be required; as well as any other condition that allows the particular use to blend with its unique surroundings. Page 9

10 Accessory Dwellings in A-1 Zoning Purpose: To add definition of accessory dwelling, to clarify size by delineating maximum 1,000 square feet of living area and 1,500 square foot total gross floor area of the structure, delete Section 6.1C(14) requiring a conditional use permit for accessory dwellings, and amend Section 6.1B to allow an accessory dwelling on 2+ acres as an allowed accessory use *NOTE: The public hearing notice stated that the accessory dwelling would be limited to 600 square feet in living area and overall 1,000 square feet gross floor area. After further reviewing, the proposed areas may be too small. It is recommended that the maximum living area remain as the current requirement of 1,000 square feet in living area and allowing up to 1,500 square feet non-living area for garages, basements, etc. If different from public hearing, it must be revised and readvertised and considered at the next public hearing. Amend Article 5 to add definition of accessory dwelling and clarify the size by delineating maximum 600 square feet of living area and 1,000 square foot total gross floor area Accessory Dwelling: An accessory dwelling is a habitable living unit detached from a single-family dwelling that provides basic requirements for independent living, cooking, sleeping, and sanitation facilities. An accessory dwelling must be of permanent construction and must have no more than 600 square feet in living area and 1,000 square feet in total gross floor area. The accessory dwelling must be served by public sanitary sewer or an approved individual on-site septic system approved for both principal and accessory dwellings. Accessory dwellings may be garage apartment, ancillary apartment, mother-in-law unit, guesthouse, carriage house, or granny flat. Delete Section 6.1C(14) eliminating the requirement for a CUP. 6.1C(14) One (1) accessory dwelling unit of permanent construction having no more than 1000 square feet in living area provided that the parcel on which the accessory dwelling is located has approved onsite sewage disposal for both the principal use dwelling and the accessory dwelling and that the lot or tract is at least two (2) acres in size. Amend Section 6.1B to allow accessory dwelling on 2+ acres as a permitted accessory use, thereby eliminating the requirement for a CUP. 6.1B. Accessory Uses Permitted Agricultural structures as defined in Article 5 (Definitions). An accessory manufactured home (mobile home) with one dimensional width, when finally installed, of 18 feet or less, on lots or parcels of one (1) acre or greater An accessory dwelling. on lots or parcels of two (2) acres or greater and as defined in Article 5 (Definitions). Home Occupations: Must obtain HO permit in City of Bardstown. Garage or other accessory building Private recreational facilities Page 10

11 Single-Wide Manufactured Homes on 1+ Acre Parcels Purpose: To delete Section 6.1C(7) requiring a conditional use permit for a single-wide manufactured home as the principal use on parcels of 1 acre or more and amend Section 6.1A to allow a single-wide manufactured home on 1+ acre as a permitted accessory use Delete Section 6.1C(14) eliminating the requirement for a CUP. 6.1C(7) Manufactured Home (mobile home), with one dimensional width of 18 feet or less when finally installed, on lots or parcels 1 acre in size or greater: These homes may be either accessory dwelling units, principal use dwelling units or both so long as no more than two dwelling units are located on any one parcel, an the occupant of an accessory mobile home must be an immediate family member of the landowner\resident. The intent of this section is to provide, with special approval, additional opportunities for affordable housing while Protecting adjoining properties from devaluation. Conditions that may be imposed or which are mandatory (*) include: that at the time of granting the first conditional use permit for a mobile home under this section that the subject parcel is not within the corporate limits of any city (*); that the mobile home must be well maintained, landscaped, tied down or firmly anchored and skirted; that the parcel is to be kept clean and free of trash, junk items with outside storage being reasonably limited to lawn and garden or recreational equipment (*); that the permit be granted for a two year period but subject to renewal if meeting the requirements contained herein; as well as any other condition allowing the use to blend in with its particular surroundings. Amend Section 6.1A to allow accessory single-wide manufactured home as a permitted accessory use, thereby eliminating the requirement for a CUP. 6.1B. Accessory Uses Permitted Agricultural structures as defined in Article 5 (Definitions). An accessory manufactured home (mobile home) with one dimensional width, when finally installed, of 18 feet or less, on lots or parcels of one (1) acre or greater An accessory dwelling. on lots or parcels of two (2) acres or greater and as defined in Article 5 (Definitions). Home Occupations: Must obtain HO permit in City of Bardstown. Garage or other accessory building Private recreational facilities Page 11

12 Accessory Single-Wide Manufactured Homes on 1+ Acre Parcels Purpose: To delete Section 6.1C(7) requiring a conditional use permit for single-wide manufactured home as an accessory use on parcels of 1 acre or more and amend Section 6.1B to allow a single-wide manufactured home on 1+ acre as a permitted accessory use Delete Section 6.1C(14) eliminating the requirement for a CUP. 6.1C(7) Manufactured Home (mobile home), with one dimensional width of 18 feet or less when finally installed, on lots or parcels 1 acre in size or greater: These homes may be either accessory dwelling units, principal use dwelling units or both so long as no more than two dwelling units are located on any one parcel, an the occupant of an accessory mobile home must be an immediate family member of the landowner\resident. The intent of this section is to provide, with special approval, additional opportunities for affordable housing while Protecting adjoining properties from devaluation. Conditions that may be imposed or which are mandatory (*) include: that at the time of granting the first conditional use permit for a mobile home under this section that the subject parcel is not within the corporate limits of any city (*); that the mobile home must be well maintained, landscaped, tied down or firmly anchored and skirted; that the parcel is to be kept clean and free of trash, junk items with outside storage being reasonably limited to lawn and garden or recreational equipment (*); that the permit be granted for a two year period but subject to renewal if meeting the requirements contained herein; as well as any other condition allowing the use to blend in with its particular surroundings. Amend Section 6.1B to allow accessory single-wide manufactured home as a permitted accessory use, thereby eliminating the requirement for a CUP. 6.1B. Accessory Uses Permitted Agricultural structures as defined in Article 5 (Definitions). An accessory manufactured home (mobile home) with one dimensional width, when finally installed, of 18 feet or less, on lots or parcels of one (1) acre or greater An accessory dwelling. on lots or parcels of two (2) acres or greater and as defined in Article 5 (Definitions). Home Occupations: Must obtain HO permit in City of Bardstown. Garage or other accessory building Private recreational facilities Page 12

13 Residential Lots Less than 5 Acre Exception Purpose: To delete Section 6.1C(12) requiring a CUP for subdividing lots less than 5 acres and amending Section 6.1E to allow the exception as a permitted area requirement. Delete Section 6.1C(12) eliminating the requirement for a CUP. 6.1C(12) Residential lots, less than the otherwise required minimum lot or tract size: Conditions that may be imposed or that are mandatory (*) include: that the lot must be at least 1 acre (43,560 sq. ft.) In size (*); that each parent tract is allowed one such tract division, further divisions requiring a change to another, appropriate zoning classification that allows such divisions (*); that the proposed lot does not adjoin, along a roadway, a tract/lot that is less than 5 acres in size that also adjoins a tract less than 5 acres in size unless such location is deemed by the Board of Adjustment to be the best location for the tract in order to preserve the agricultural character of the area (*); that the basic agricultural character of the area remain unaltered (*); that other minimum requirements of these Zoning Regulations and the Subdivision Regulations for All of Nelson County are met (*); that a finding is made by the Board of Adjustment that the resulting development pattern is in compliance with the adopted comprehensive plan, in particular, recommended residential densities (*). Amend Section 6.1E to allow the lot area exception E. Dimension and Area Requirements (1) Dimensional & Area. Unless otherwise allowed herein, the following dimension and area requirements apply: Standard Height (maximum) Lot Area (minimum) Lot Width (minimum) Front Yard Setback (minimum) Side Yard Setback (minimum) Rear Yard Setback (minimum) Requirement 35 feet 217,800 square feet Note: Subject to the provisions of Sections C(12) 6.1E(2) below and D(1) above. 1/5 of lot depth Note: The absolute minimum lot width required is 200 feet with the maximum required lot width of 250 feet. 50 feet 15 feet 50 eet (2) Minimum Lot Area Exception. The minimum lot area may be reduced to one (1) acre (43,560 square feet) for no more than one (1) lot being subdivided from a parent tract as defined in Article 5: Definitions of these Regulations. This division must meet the following minimum standards: (a) The residual, or remaining, tract must be a minimum of five (5) acres and meet the minimum dimension and area requirements above, unless otherwise rezoned to an appropriate zoning divisions that allows such divisions, and, (b) The proposed division does not adjoin, along a public roadway, a lot less than 5 acres in size n order to maintain the rural character Page 13

14 Agricultural & Accessory Structure Height & Setbacks Purpose: To add Section 9.4A to clarify height and setback requirements for agricultural structures and to amend Section 9.4B to clarify height and setback requirements for accessory structures. Add Section 9.4A to clarify height and setback requirements for agricultural structures. 9.4 Location And Height Of Agricultural, Accessory, and Temporary Structures 9.4A Agricultural Structures. (1) Height. Height restrictions shall not apply to agricultural structures. (2) Separation & Setbacks. Agricultural structures shall not be located within any required front yard setback. The minimum rear and side yard setbacks for accessory structures shall be five (5) feet. An agricultural structure must be set back a minimum of six (6) feet from any principal structure located on the property. Amend Section 9.4B to eliminate the maximum height of one story and require an accessory structure height to be less than the principal structure and to clarify the separation requirement between principal and accessory structures 9.4 Location And Height Of Accessory Building A. No accessory building shall be erected in any required front yard setback but may be erected in a side or rear yard in accordance with the dimension and area requirements of this Zoning Regulation. An accessory building may be erected as part of or attached to the principal building or may be connected thereto by a breeze way or similar structure, provided all yard requirements of this Zoning Regulation for a principal building are observed. B. 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 (5) feet from plot lines of adjoining lots in a Residential Zone. However an accessory building may be constructed up to a side or rear lot line, not an alley lot line, by common consent of the adjoining property owners concerned and applicable utility interests where easements apply, such consent to be evidenced in writing, signed and sworn to before a Notary Public and filed in the office of the administrative official of the Planning Commission. Commercial or industrial accessory buildings must meet setback and height requirements for principal use structures. 9.4 Location And Height Of Agricultural, Accessory, and Temporary Structures (B) Accessory Structures. (1) Height. Accessory structures shall not exceed the height of the principal structure and shall be subordinate in scale to the principal structure. In cases where the accessory structure is installed or constructed prior to the principal structure, the accessory structure shall be subordinate and shall comply with maximum height provision for the specific zoning district in which the accessory structure is located. Commercial or industrial accessory buildings must meet the height requirements for principal use structures. (2) Separation & Setbacks. Accessory structures shall not be located within any required front yard setback. The minimum rear and side yard setbacks shall be five (5) feet. If an Page 14

15 Article 9: General Zoning District Regulations accessory structure is located along a platted alley, the minimum rear and side yard setback along a platted alley shall be six (6) feet. However an accessory building may be constructed up to a side or rear lot line, not an alley lot line, by common consent of the adjoining property owners concerned and applicable utility interests where easements apply, such consent to be evidenced in writing, signed and sworn to before a Notary Public and filed in the office of the administrative official of the Planning Commission. Commercial or industrial accessory buildings must meet the height and setback requirements for principal use structures. (3) A detached accessory structure must be separated from the principal structure by six (6) feet, as measured between the eaves of both structures. If the accessory structure is less than six (6) feet from the principal structure or if it is erected as part of or attached to the principal structure or connected thereto by a breezeway or other similar structure, then the accessory structure must comply with all yard setback requirements for a principal structure in the applicable zoning district. Page 15

16 Height Exceptions Purpose: To amend Section 9.10B to add structures for height exceptions and eliminate requirement for variance for such structures if under 75 feet in height Amend Section 9.10B to add structures for height exception, thereby eliminating the requirement for a variance for such structures under 75 feet in height 9.10B Height Exceptions: Height regulations apply to structures buildings occupied regularly by persons or their activities and to signs. They do not apply to other structures or portions of buildings such as radio or transmission towers, church or ornamental spires, cupolas, domes, belfries, observation, hose, cooling or water towers, silos, windmills, chimney, smokestacks, derricks, conveyors, barns or other agricultural structures, grain elevators, or other manufacturing structures requiring greater height, and flag poles, all of which are not occupied regularly by persons except for maintenance unless otherwise stipulated in the Zoning Regulations. No such structure, however, shall exceed 75 feet without approval of the Board of Adjustment. The Board of Adjustment shall interpret whether or not height regulations apply upon application by the administrative officer in doubtful cases. Federal Aviation Agency and Kentucky Airport Zoning Commission height regulations in the vicinity of the airport shall take precedence over all other height regulations. Page 16

17 Zoning Compliance Permit Exceptions Purpose: To delete Section 9.10C as it is repetitive language to Section 3.2B and to eliminate any signage reference Amend Section 9.10C as stated above. 9.10C Exceptions to Building Permit and Certificates of Occupancy Requirement: No building Permit or certificate of occupancy is required for the following: (1) Local public utility distributing and collecting structures such as pipes and transmission lines, transformers, meters, etc. Large utility structures such as substations are permitted only as special uses. (2) Public streets and all official appurtenances necessary for traffic direction and safety. All street and traffic control signs shall conform to the code established and adopted by the Kentucky Department of Highways. (3) Private drives, private parking areas, and the parking of vehicles incident to the principal use on the same premises. (4) Real estate signs not larger than ten square feet located on the premises or subdivision being advertised for sale or for rent. (5) Signs not over four square feet in area identifying permitted home occupations or the renting of sleeping rooms on the same premises. (6) Horticulture and landscaping of any premises; fences under 7 feet in height and other normal accessory uses. Page 17

18 Zoning Regulations Text Amendments & Zone Change Steps Purpose: To reduce the timeframe for the zoning map amendment (zone change) process by adopting an alternative amendment process. Amend Article 13 to ensure compliance with KRS 100 In order to make any amendment of the Zoning Regulation, either to the text or to the map, the following procedures set forth in KRS 100 and outlined below shall be followed. If any use or density is not permitted in a zoning district by the provisions of the Zoning Regulation, it may not be permitted by any agency unless the Zoning Regulation is amended according to the Amendment procedure. Renumber sections and divide sections for Zoning Regulations Text Amendments and one for Zoning Map Amendment (Zone Changes) 13.1 Zoning Regulations Text Amendment 13.1 A. Review by Planning Commission: No text amendment shall be made without first being reviewed by the Planning Commission. The Planning Commission may refuse to review proposed amendments which have been proposed and rejected within the past year B. Public Hearing: The Planning Commission shall present every proposed text amendment to the public at a public hearing. Public hearing on text amendments to the Zoning Regulations shall be scheduled at the discretion of the Planning Commission. The Planning Commission shall publish notice once, not less than seven days nor more than twenty days prior to said public hearing, in a newspaper having general circulations throughout the county, indicating the time and place of each public hearing on proposed text amendments to the Zoning Regulation. All adjacent property owners to the site of a proposed map amendment shall be notified of said public hearing by first class letter with certification of mailing. The Planning Commission may establish a schedule of reasonable fees to be paid by the applicant for a zoning map or text amendment. The Planning Commission may also issue notification of the public hearings by any additional means that it may determine to be reasonable and effective C. Special Public Hearing: The Planning Commission may call a special public hearing at any time to consider a text amendment to the Zoning Regulations zoning amendment, and shall conform with the notice requirements for such special meetings as set forth in KRS and KRS 424.l30 (l) (B). A fee covering the cost of adequate advertisement and other costs of the special hearing (see Article 17) shall be paid by the applicant D. Planning Commission Recommendation to the City Council or Fiscal Court: The Planning Commission shall submit its recommendations to the appropriate City Council or Fiscal Court within sixty days after the public hearing. The Planning Commission may revise proposed amendments, in which case such amendments shall be presented again at a public hearing according to KRS Kentucky Revised Statutes l00.2ll. The Planning Commission, as well as the legislative bodies of the city and county, may also initiate proposed amendment. Page 18

19 E. Legislative Body Action (1) Each legislative body The City Council or Fiscal Court may each act independently of the other to amend the Zoning Regulation within its respective area of jurisdiction. (2) The legislative body shall not act upon a proposed text amendment until it shall has received the written recommendation thereon from the Planning Commission. (3) If the proposed amendment originated with the Planning Commission, it shall take a majority of the entire legislative body to override the recommendation of the Planning Commission. (4) If the proposed amendment originated with a legislative body, it shall take an affirmative vote of the majority of the legislative body to adopt the proposed amendment. (5) The legislative body shall take final action within ninety (90) days of the date upon which the Planning Commission takes its final action upon such proposal. Amend Zoning Map Amendment (Zone Changes) process to allow for alternative final action, thereby reducing the timeframe for zone change decisions 13.2 Zoning Map Amendment (Zone Change) A. Review by Planning Commission: No zoning map amendment shall be made without first being reviewed by the Planning Commission. The Planning Commission may refuse to review proposed amendments which have been proposed and rejected within the past year. B. Public Hearing: The Planning Commission shall present every proposed zoning map amendment to the public at a public hearing. Public hearing on zoning map amendments to the Zoning Regulations shall be scheduled at the discretion of the Planning Commission. The Planning Commission shall publish notice once, not less than seven days nor more than twenty days prior to said public hearing, in a newspaper having general circulations throughout the county, indicating the time and place of each public hearing on proposed zoning map amendments to the Zoning Regulation. All adjacent property owners to the site of a proposed zoning map amendment shall be notified of said public hearing by first class letter with certification of mailing. The Planning Commission may establish a schedule of reasonable fees to be paid by the applicant for a zoning map or text amendment. The Planning Commission may also issue notification of the public hearings by any additional means that it may determine to be reasonable and effective. C. Special Public Hearing: The Planning Commission may call a special public hearing at any time to consider a zoning map amendment, and shall conform with the notice requirements for such special meetings as set forth in KRS and KRS 424.l30 (l) (B). A fee covering the cost of adequate advertisement and other costs of the special hearing (see Article 17) shall be paid by the applicant. D. Planning Commission Recommendation: (1) The Planning Commission shall submit its recommendations to the appropriate City Council or Fiscal Court within sixty days after the public hearing. The Planning Commission may revise proposed amendments, in which case such amendments shall be Page 19

20 presented again at a public hearing according to KRS l00.2ll. The Planning Commission, as well as the legislative bodies of the city and county, may also initiate proposed amendment. (2) Before any zoning map amendment is granted, the Planning Commission must find that the map amendment is in agreement with the adopted Comprehensive Plan, or in the absence of such a finding, that: (a) The original zoning classification given to the property was inappropriate or improper, and that the proposed classification is proper, or (b) That there have been major changes of an economic, physical or social nature within the area involved which were not anticipated in the adopted Comprehensive Plan adopted by the Planning Commission and which have substantially altered the basic character of the area. E. Legislative Body Action (1) Each legislative body may each act independently of the other to amend the Zoning Regulation within its respective area of jurisdiction (2) A legislative body shall not act upon a proposed amendment to the Official Zoning Map until it has received the written findings of fact, minutes, and the recommendation thereon from the Planning Commission. (3) The Planning Commission recommendation relating to the proposed zoning map amendment shall become final and the map amendment shall be automatically implemented subject to the provisions of KRS , as set forth in the Planning Commission recommendations, unless within twenty-one (21) days after the final action by the Planning Commission: (a) Any aggrieved person files a written request with the Planning Commission that the final decision shall be made by the appropriate legislative body; or (b) The appropriate legislative body files a notice with the Planning Commission that the legislative body shall decide the map amendment. (4) It shall take a majority of the entire legislative body to override the recommendation of the Planning Commission and it shall take a majority of the entire legislative body to adopt a zoning map amendment whenever the Planning Commission forwards the application to the legislative body without a recommendation of approval or disapproval due to a tie vote. (5) Unless a majority of the entire legislative body votes to override the Planning Commission's recommendation, such recommendation shall become final and effective and if a recommendation of approval was made by the Planning Commission, the ordinance of the legislative body adopting the zoning map amendment shall be deemed to have passed by operation of law. (6) If the legislative body chooses to decide the map amendment, the legislative body shall take final action upon a proposed zoning map amendment within ninety (90) days of the date upon which the Planning Commission takes its final action upon such proposal. The legislative body shall also notify the Planning Commission as to when the proposed map amendment will be heard by the legislative body prior to the legislative body's final action. (7) The legislative body shall also notify the Planning Commission of its final action. Upon notification of final action, the Planning Commission shall complete and file for recording with the County Clerk, a Certificate of Land Use Restriction for all approved zoning map amendments. Page 20

21 Agricultural Enterprise CUP in A-1 Zoning Purpose: To allow agricultural enterprises as a conditional use permit in A-1 zoning. Amend Article 5 to add definitions of agricultural enterprise and value-added agricultural products, to revise definition of agricultural operation for compliance with KRS definitions, and amend definition of roadside stands to allow value-added agricultural products Agricultural Enterprise: A commercial enterprise at a working farm or agricultural operation, as defined in Article 5 of these Regulations, conducted for the enjoyment of visitors that generates supplemental income for the owners. These uses include: agricultural tourism uses providing visitors with enjoyment, education, or active involvement in the activities of the farm or operation; on-farm markets selling agricultural products or value-added agricultural products directly to the consumer; roadside or farm stands where the farmer sells agricultural and value-added agricultural products directly to consumers at a stand or kiosk located on the farm; and, agricultural plant where the value-added processing of agricultural products occurs. Agricultural Operation: The use of land for agricultural, farming, dairying, or stock raising in which a minimum of five (5) acres is used, as defined in KRS Roadside Stand: A temporary structure designed or used in compliance with the requirements of these regulations for the display or sale of agricultural or other value-added agricultural products grown or produced on the premises directly to the consumers at a stand or kiosk located on the farm. upon which such a stand is located. Also referred to as farm stand. Value-Added Agricultural Products: Any product derived from an activity or process that allows farmers to retain ownership and that alters the original agricultural product or commodity for the purpose of gaining a marketing advantage. Value-added may include bagging, packaging, bundling, pre-cutting, cooking, chilling, and other processes to alter the original agricultural product to a finished product. Amend Section 6.1C(1) to allow agricultural enterprises, including roadside stands (1) Roadside stands as defined in Article 5 (Definitions). Conditions may be imposed that limit the size of the structure, hours/seasons of operation, and other conditions that help the use blend in to its unique surroundings. (1) Agricultural enterprise as defined in Article 5 (Definitions). The Board of Adjustment when approving a Conditional Use Permit for such use must consider the impact of the proposed use on the surrounding area, specifically the adjoining properties. The BOA must ensure that the rural character of the area is protected, while allowing orderly and reasonable occurrence of such events. The BOA may impose conditions that ensure compatibility of the proposed use with the adjoining properties. This type of establishment shall not be considered as altering the agricultural or residential character of its particular area and shall not be justification for zoning map amendments. The following minimum standards are mandatory and must be satisfied: (1) the subject property must be a minimum five (5) acres and must be used as an working farm or agricultural operation, as defined in Article 5 of the Definitions; (2) the use must be owned and operated by the property owner and any resident employees; (3) the enterprise must use or add value to agricultural products grown or produced on the subject property and shall not involve products grown or produced off-site, unless the off-site property is owned by the conditional use permit applicant/owner; (4) the use shall have no Page 21

22 more than five (5) non-resident employees solely employed in the agricultural enterprise; (5) the use shall have an approved entrance and meet parking standards, as forth in these Regulations; (6) the use shall have specific plan for noise mitigation; (8) the use shall maintain the viewshed along the public right-of-way; (7) the use shall be limited to an approved development plan, as defined in Article 5 of these Regulations; (8) the use shall be limited to one (1) structure, not exceeding 2,500 square feet in gross floor area, unless otherwise determined by the BOA, and such structures shall be constructed to blend with the rural character of the area; (9) the use must have specified hours /seasons of operation and maximum number of events and participants; (10) the use shall not involve the retail sale of any products grown, produced, or processed off-site, and (11) As part of the application process, the property owner shall agree that if the use ever exceeds the conditions of an approved permit, the property owner must take the necessary steps to come into compliance, cease operations, and/or relocate to an appropriately zoned location. Page 22

23 Event Facility CUP in A-1 Zoning Purpose: To allow event facilities as a conditional use permit in A-1 zoning. Amend Article 5 to add definition of event facility Event Facility: A facility located on private property and allowing meetings, weddings, receptions, or other related events or gatherings. Amend Section 6.1C(12) to allow event facilities (12) Event facilities allowing meetings, weddings, receptions, and other related events or gatherings on private property. The Board of Adjustment when approving a Conditional Use Permit for such facilities must consider the impact of the proposed use on the surrounding area, specifically the adjoining properties. The BOA must ensure that the character of the neighborhood and surrounding is protected, while allowing orderly and reasonable occurrence of such events. All of the following minimum standards are mandatory and must be satisfied: (1) that the lot or parcel on which the facility business is located must be at least five (5) acres in size; (2) the facility shall involve one structure not exceeding 2,500 square feet in size; (3) no more than one event per day shall be allowed, and frequency of events on monthly and annual basis shall be based on the capacity of the site and shall be specified in the application; (4) the maximum number of guests shall be based on the capacity of the site and structure and shall be specified in the application, but the maximum number of guests shall be limited to 300 guests at any one event; (5) if a facility is located within 100 feet from the property line of an adjoining residential use, no event shall take place outside the hours of 7:00 a.m. and 10:00 p.m.; (6) all driveways must be approved for commercial use through an entrance/encroachment permit by the appropriate agency; (7) parking areas must comply with the standards set forth in the Zoning Regulations, and these areas must be set back a minimum of 100 feet from any adjoining residential structures and must be buffered by solid screening; (8) the design of the facility shall include features that acoustically shield any noise from the surrounding property; (9) all exterior structure and site lighting shall be limited to full-cutoff fixtures and light intensity shall not exceed 0.5 foot candles at the property line adjoining agricultural and residential use and zoning or 1.0 foot candles adjoining any non-residential zoning or use to minimize glare and trespass onto adjoining properties; and (10) as part of the application process, the property owner shall agree that if the use ever exceeds the conditions of the approved permit, the property owner shall take the necessary steps to come into compliance, cease operations, and/or relocate to an appropriately zoned location. The BOA may impose conditions that ensure compatibility of the proposed use with the adjoining properties. Additional conditions may include, but are not limited to, placing limitations on hours of operation and imposing screening and buffering, requirements. NOTE: It is recommended that the Regulations Review Committee and Planning Commission considering allowing such facilities as CUPs in R-1A through R-1C zoning districts. Page 23

24 Micro-Brewery and Craft Distillery as CUPs in B-2, B-3, B-4, LIP, and I-1 and as permitted uses in I-1M and I-2 Purpose: To allow micro-breweries and craft distilleries as conditional uses in commercial and light industrial zoning districts and allow as permitted uses in moderate industrial and heavy industrial districts. Please note: Public hearing indicated micro-brewery and craft distilleries as possible permitted uses. Upon further review, CUPs for such uses in the commercial zoning districts are more appropriate. The Planning Commission should refer this proposed amendment to the Regulations Review Committee for further consideration. Amend Article 5 to add definitions of micro-brewery and craft distillery Craft distillery: A small operation that produces distilled spirits up to a maximum 50,000 gallons per year of finished product, including any product distilled off-site and/or shipped in to be blended and/or bottled on site and which may be associated with a restaurant or tasting room, under the terms and conditions of applicable laws, rules, and regulations. Micro-brewery: A facility within a completely enclosed building which is intended for the production and packaging of up to 25,000 barrels per calendar year of malt beverages, which may be associated with a restaurant or tasting room, under the terms and conditions specified by KRS , KRS and other applicable laws. Add Sections 6.12C(4), 6.13C(4), 6.14C(3), 6.16C(3), and 6.17C(2) to allow micro-brewery and craft distillery as conditional use in B-2, B-3, B-4, LIP, and I-1 Micro-Brewery or Craft Distillery. The intent of this conditional use is to allow micro-breweries or craft distilleries as accessory uses to the permitted eating and drinking uses and such uses shall be nondistributed. The Board of Adjustment when approving a Conditional Use Permit for such use must consider the impact of the proposed use on the surrounding area, specifically the adjoining properties. The BOA may impose conditions that ensure compatibility and appropriateness of the proposed use. This type of establishment shall not be considered as altering the agricultural or residential character of its particular area and shall not be justification for zoning map amendments. The following minimum standards are mandatory and must be satisfied: (1) the use shall have an approved entrance and meet parking standards, as forth in these Regulations; (2) the use shall be limited to an approved development plan, as defined in Article 5 of these Regulations; and (9) As part of the application process, the property owner shall agree that if the use ever exceeds the conditions of an approved permit, the property owner must take the necessary steps to come into compliance, cease operations, and/or relocate to an appropriately zoned location. The BOA may impose conditions that ensure compatibility of the proposed use with the adjoining properties. Additional conditions may include, but are not limited to, placing limitations on hours of operation and imposing screening and buffering, requirements. Page 24