Article 4

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-1

ARTICLE 4

ZONING DISTRICTS

SEC. 4.1 ESTABLISHMENT OF DISTRICTS

For the purpose of this Zoning Ordinance, the area of jurisdiction of this Zoning Ordinance is

hereby divided into zoning districts which shall be designated as follows:

Zoning Districts

Page

Agriculture District

4-4

Single Family Residential Districts

R1-A

R1-B

R1-C

4-8

Manufactured Home Park District

MHP

4-8

Two-Family Residential District

RM-2

4-19

Multi-Family Residential District

RM-3

4-19

Multi-Family Residential District

RM-4

4-19

Neighborhood Business District

4-27

General Business District

4-27

Central Business District

4-27

Highway Business District

4-27

Office and Professional District

4-27

Institutional Campus Development District

ICD

4-27

Public District

4-27

Light Industrial District

4-51

Heavy Industrial District

4-51

Industrial Business Development District

IBD

4-51

General Flood District

4-57

Historic Overlay District

4-59

Airport Overlay District

4-60

Article 4

-----------------------------------------------

Zoning Districts – General

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-2

4.1.1 District Conversion Table

The District names in effect immediately prior to the effective date of this Ordinance

are hereby converted as follows:

Prior

Zoning Districts

Revised

Page

AR-1

Agricultural/ Residential

4-4

A-C

Agricultural/ Commercial

4-27

GR-A

General Residential/ Large Lot

R1-A

4-8

GR-B

General Residential/ Small Lot

RM-2

4-19

GR-C

General Residential/ Civic Uses

4-27

RMH

Residential Manufactured Housing

MHP

4-8

NCR-A

Neighborhood Center Residential

RM-3

4-19

NCR-B

Neighborhood Center Residential

RM-3

4-19

NCR-C

Neighborhood Center Commercial

4-27

NCC

Neighborhood Conservation Classification

RM-3

4-19

Highway Commercial

4-27

Rural Commercial

4-27

ICD

Institutional Campus Development

ICD

4-27

IBD

Industrial Business Development

IBD

4-51

Downtown

4-27

TND

Traditional Neighborhood

4-27

SEC. 4.2 OFFICIAL ZONING MAP

4.2.1 Established

The boundaries of these Zoning Districts are hereby established on Official Zoning

Map entitled "Zoning Map - Danville Corporate Limits, as amended”, “Zoning Map -

Junction City Corporate Limits, as amended”, "Zoning Map - Perryville Corporate

Limits, as amended”, and "Zoning Maps - Boyle County, as amended”, which shall

both be permanently located in the Danville-Boyle County Planning and Zoning

Commission offices. These official zoning maps together with all explanatory matter

thereon, are hereby adopted by reference and declared to be a part of this Zoning

Ordinance. Any territory hereafter annexed to any city shall remain in the same district

as legally existed before annexation unless the district is specifically changed by

ordinance according to the requirements of the relevant provisions of KRS or this

Zoning Ordinance pertaining to amendments.

Article 4

-----------------------------------------------

Zoning Districts – General

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-3

4.2.2 Replacement

In the event that either Official Zoning Map becomes damaged, destroyed, lost, or is

deemed necessary to be replaced due to age of the map, the Danville-Boyle County

Planning and Zoning Commission may by authorization through resolution adopted by

the Cities of Danville, Junction City, Perryville, and Boyle County, adopt a new Official

Zoning Map which shall supersede the prior Official Zoning Map. The new Official

Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning

Map, but no such correction shall have the effect of amending the original Official

Zoning Map or any subsequent amendment thereof. Unless the prior Official Zoning

Map has been lost, or has been totally destroyed, the prior map or any significant parts

thereof remaining, shall be preserved, together with all available records pertaining to

its adoption or amendment.

4.2.3 Rules for Interpretation of Zoning District Boundaries

The zoning district boundary lines on the Official Zoning Map are intended to follow lot

or tract lines, farm boundaries, the center lines of streets or the corporate limit lines,

all as they existed at the time of enactment of this Ordinance. Where uncertainty exists

as to the boundaries of Zoning Districts as shown on the Official Zoning Map, the

following rules shall apply.

A. Boundaries indicated as approximately following the center lines of streets,

highways or alleys shall be construed to follow such center lines; vacated

rights-of-way shall not effect the original zoning.

B. Boundaries indicated as approximately following platted lot lines shall be

construed as following such lot lines.

C. Boundaries indicated as approximately following political boundaries shall be

construed as following such boundaries.

D. Boundaries indicated as following railroad lines or rights-of-way shall be

construed to be midway between the main tracks.

E. Boundaries indicated as following shore lines shall be construed to follow such

shore lines, and in the event of change in the shore line shall be construed as

moving with the actual shore line; boundaries indicated as approximately

following the center lines of streams, rivers, lakes or other bodies of water shall

be construed to follow such center lines.

F. Boundaries indicated as approximately parallel to features indicated in the

paragraphs above shall be so construed. Distances not specifically indicated

on the Official Zoning Map shall be determined by the scale of the map, if an

accurate legal description cannot be determined.

G. Where the above stated rules do not indicate the exact location of the zoning

district boundaries, then said boundaries shall be determined by the Director

and may be subject to appeal to the Board of Adjustments.

Article 4

-----------------------------------------------

Zoning Districts – Agriculture

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-4

SEC. 4.3 AGRICULTURE DISTRICT (AG)

4.3.1 Purpose and Intent

The Agriculture District is intended to:

A. Maintain, preserve and enhance the prime agriculture lands of Boyle County;

B. Protect the decreasing supply of prime agriculture lands in Boyle County in

order to maintain one of the county's principal economic resources; the

agriculture economy of the county;

C. Discourage premature urban growth on land best suited for agriculture

purposes;

D. Control the indiscriminate infiltration of urban development into prime

agriculture areas which adversely affects agriculture operators;

E. Minimize urban-type development in rural areas until urban-type services and

utilities can be provided;

F. Preserve the natural beauty and open space character of the rural countryside.

4.3.2 Right to Farm Policy

In addition to the purposes set out above, there is hereby established a "Right-to-Farm"

policy.

A. Any agricultural operation or practice that is historical, traditional, legitimate

and reasonable shall be protected. Any new or expanded agricultural

operation or practice that is legitimate and reasonable shall be encouraged.

B. Agriculture, as a way of life, benefits all residents of Boyle County. It is an

important part of the economy and adds intrinsic value to life in Boyle County.

Agriculture, as a business, brings with it noise, odors, dust, mud, smoke and

other inconveniences such as weed burning, equipment and livestock on

public roads, odors from manure and feeds, odors from chemical applications,

lights and noises at all hours of the day and night, and on-farm processing

and marketing of crops and livestock. To maintain this way of life, Boyle

County intends to protect agricultural operators from unnecessary, intrusive

litigation. Therefore, no inconvenience shall be considered a nuisance as

long as it occurs as a part of non-negligent and legal agricultural practice.

4.3.3 Uses

Uses permitted in this District are shown in the Use Table in Section 5.1, Use Table.

This table employs broad use categories containing a variety of similar uses. The use

categories are described in Section 5.2, Use Categories. Additional standards for

specific uses, if any, can be found in each category.

4.3.4 Permitted Residential Unit Types

The following residential unit types shall be permitted in this District:

Article 4

-----------------------------------------------

Zoning Districts – Agriculture

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-5

A. Single-Family Detached;

B. Modular Home;

C. Manufactured Home; and

D. Accessory Apartments

4.3.5 Property Development Standards

A. Dimensional standards for this District are found in the following table.

B. Only one principal residential structure shall be permitted per platted lot.

C. Signs

1. Signage is allowed within Agriculture District on a limited basis and in

accordance with the following table. Non-residential uses and properly

permitted conditional uses in the Agriculture District may have a

maximum of one freestanding sign (monument) and limited wall

signage. No sign shall be internally illuminated.

Agriculture District (AG)

Lot Area (minimum)

Public Sewer

Septic System

217,800 sf

Lot Width (minimum at building line)

100 ft

Lot Frontage (minimum)

Public Street

Cul-de-Sac (bulb only)

40 ft

Lot Coverage (maximum)

25%

Setback (minimum)

Front Yard

Side Yard

Rear Yard

Accessory Structure

Front

Rear

Side

25 ft

10 ft

25 ft

5 ft

Height (maximum)

N/A

Off-Street Parking Spaces

Article 4

-----------------------------------------------

Zoning Districts – Agriculture

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-6

Freestanding Signs Allowed?

Yes

Maximum Number

Maximum Face Area

32 sf

Maximum Height

10 ft

Structure Type

Monument

Wall Signs Allowed?

Yes

Maximum Face Area

32 sf

2. Entrance Signs Standards.

a. The content of an entrance sign shall be limited to the name of

the agriculture use or the agriculture subdivision only.

b. No sign shall be internally illuminated.

c. All entrance signs shall be constructed of durable materials.

d. Structural Type and Size. Any entrance sign must be

monument type and the maximum sign face shall be 60 square

feet total. Maximum height shall be 5 feet.

e. Entrance signs may be allowed in public right-of-way only with

written permission of the applicable jurisdiction.

3. Temporary On-Premise Signs containing content of personal

expression, campaign, property sale or seasonal event shall not

require a permit. These signs are allowed provided they otherwise

comply with the following standards:

a. No sign shall be erected to obstruct free and clear vision of an

intersection and/or traffic signals. No sign may be placed in or

extended over a public right-of-way or utility easement without

the express written consent of the controlling jurisdiction or

utility.

b. The maximum sign face per sign shall be 4 square feet total.

Maximum height shall be 4 feet.

4. All permitted signs in the Agriculture District shall also comply with all

the General and Prohibited Sign Development Standards in Section

4.6.8.F.4 and 4.6.8.F.5.

Article 4

-----------------------------------------------

Zoning Districts – Agriculture

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-7

D. Accessory Structures. Accessory buildings and structures, except as

otherwise permitted by this Ordinance, shall require a Building Permit and shall

be subject to the following regulations in all Agriculture Districts:

1. Accessory buildings/structures shall be permanently affixed to the

ground and shall not include mobile home, bus, travel trailer, RV,

trailer, cooler, vehicle or freight container.

2. Accessory Apartments are allowed in the Agriculture District. An

Accessory Apartment may be attached or detached from the principal

residence. The floor area of the accessory apartment may not exceed

50 percent of the floor area of the principal structure. Accessory

apartments are allowed on lots of record that do not meet the minimum

lot area or width standards for the zoning district, but all yard

dimensions and other development standards must conform to the

district regulations.

3. Fences. For the purpose of determining yard setback, the accessory

structure setback shall not apply to fences.

4. Swimming Pools. All swimming pools with a water depth of 3 feet or

greater shall require a Building Permit. The swimming pool area shall

be enclosed by a fence or other suitable barrier with a minimum height

of not less than 4 feet. Openings in the fence shall be small enough to

prevent a child from entering the enclosure other than through the gate.

5. Solar Panels. A ground-mounted solar panel system is not permitted

as the primary use of a property in the Agriculture District on tracts less

than 10 acres in size.

6. No accessory structure that is not designated to breakaway on impact

shall be permitted in or extended over a public right-of-way or utility

easement without the express written consent of the controlling

jurisdiction or utility company. Such structures include, but are not

limited to, rock or brick mailbox structures.

Article 4

-----------------------------------------------

Zoning Districts – Multi-Family Residential

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-8

SEC. 4.4 SINGLE FAMILY RESIDENTIAL DISTRICTS

4.4.1 Rural Residential District (RR)

A. Purpose and Intent

The Rural Residential District is intended to provide opportunities for large-lot

rural residential development in unincorporated areas of Boyle County that

may or may not be served by public sanitary sewer. This area is intended to

serve as a transition between urban and rural areas.

B. Permitted Residential Unit Types

The following residential unit types shall be permitted in this District:

1. Single-Family Detached;

2. Modular home;

3. Manufactured Home; and

4. Accessory Apartments.

4.4.2 R1-A through R1-C

A. Purpose and Intent

The Single Family Residential Districts are intended to provide opportunities

for detached single family residential development. Occupancy in these

districts is limited to one family per residential unit. These districts shall be

served by public sanitary sewer.

B. Permitted Residential Unit Types

The following residential unit types shall be permitted in these Districts:

P = Permitted Unit Type

4.4.3 Manufactured Home Park (MHP)

A. Purpose and Intent

The Manufactured Home Park District is intended to:

R1-A

R1-B

R1-C

Single-Family Detached

Modular Home

Manufactured Home

Zero Lot Line Home

Single-Family Attached

Accessory Apartments

Article 4

-----------------------------------------------

Zoning Districts – Multi-Family Residential

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-9

1. Recognize the Manufactured and Mobile Home as a form of housing

for which specific provisions should be made and provide for the

development of properly located and planned facilities for

manufactured and mobile home lots. Provide a desirable residential

environment and provide access to public facilities equivalent to that

provided to other forms of permitted residential development.

2. Recognize that in urban and urbanizing areas of Boyle County, Mobile

Homes should be located in Manufactured Home Parks and that such

areas shall be carefully located and designed to meet the needs of the

residents and to achieve a satisfactory relationship with surrounding

neighborhoods. This district shall be served by public sanitary sewer.

B. Permitted Residential Unit Types

The following residential unit types shall be permitted in this District:

1. Manufactured Home; and Mobile Home.

4.4.4 General Residential Development Standards

A. Uses

Uses permitted in this District are shown in the Use Table in Section 5.1, Use

Table. This table employs broad use categories containing a variety of similar

uses. The use categories are described in Section 5.2, Use Categories.

Additional standards for specific uses, if any, can be found in each category.

B. Property Development Standards

Only one principal residential unit shall be allowed per platted lot in the RR,

and R1 districts. Development in each District shall comply with the general

residential development standards in the following table:

R1-A

R1-B

R1-C

MHP

Lot Area (minimum)

Public Sewer

Septic System

43,560 sf

10,000 sf

N/A

8,000 sf

N/A

5,000 sf

N/A

217,800 sf

N/A

Lot Width (minimum at building line)

100 ft

70 ft

60 ft

50 ft

100 ft

Lot Frontage (minimum)

Public Street

Cul-de-sac (bulb only)

50 ft

40 ft

50 ft

40 ft

50 ft

40 ft

50 ft

40 ft

50 ft

40 ft

Lot Coverage (maximum)

40%

50%

60%

70%

N/A

Setback (minimum)

Front Yard

Side Yard

Rear Yard

Accessory Structure

25 ft

10 ft

5 ft

25 ft

10 ft

5 ft

25 ft

8 ft

10 ft

5 ft

25 ft

5 ft

10 ft

5 ft

50 ft

25 ft

5 ft

Height (maximum)

42 ft

Off-Street Parking Spaces

Article 4

-----------------------------------------------

Zoning Districts – Multi-Family Residential

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-10

C. Other Standards

1. Corner lots. Corner lots shall be required to provide a front yard

setback along any lot line abutting a street.

2. Reduction in Lot Area Prohibited. No lot, although it may consist of

one or more adjacent lots of record, shall be reduced in area to the

extent that yards, lot area, lot width, building area, or other

requirements of this Ordinance are not maintained. Where a lot is

affected by acquisition or condemnation for government purposes, the

remaining lot may vary no more than 10 percent from these minimum

standards and requirements. Where a greater than 10 percent

variation occurs, it shall be considered a taking in entirety.

3. Minimum Lot Area Above 100-Year Flood Level Required. No lot

served by public sanitary sewer shall be created or developed which

does not have at least 5,000 square feet of lot area above the 100-year

frequency flood level. No lot served by on-site septic systems shall be

created or developed which does not have at least 20,000 square feet

of lot area above the 100-year frequency flood level.

4. Measurement of Lot Width. Minimum lot width shall be measured at

the building setback line. Curve or cul-de-sac lots shall be measured

along the chord distance at the front setback between side property

lines.

5. Minimum Lot Frontage Required. No building shall be erected on a

lot, nor shall a lot be created, which does not abut at least one

improved street for a distance of not less than 40 feet.

6. Measurement of Lot Coverage. Lot coverage shall include all areas

of the lot covered by buildings, structures (including accessory

structures), patios, walkways, travelways, and parking areas, including

gravel, pervious material or similar permeable paving material parking

areas. Lot coverage does not include outdoor pools. The percent of

lot coverage shall be determined by dividing the total covered area by

the gross area of the lot.

7. Setbacks and Yards.

a. Distance Greater than Minimum Required. Building setback

lines as established by this Section may be greater than the

minimums shown in the table in Section 4.4.4.B.; however, for

purposes of establishing minimum lot width, this distance shall

not exceed 100 feet.

b. Variable Front Yard Setback. A waiver from the strict

enforcement of the front yard setback shown for a specific

district may be granted by the Director where the majority of

existing development on the same block face is set back less

than the required setback. In such case, the front yard setback

may be the average setback line for that block face, or 10 feet,

whichever is greater.

Article 4

-----------------------------------------------

Zoning Districts – Multi-Family Residential

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-11

8. Height Limit Exceptions. The height limitations of this Ordinance

shall not apply to church spires, belfries, cupolas and domes not

intended for human occupancy; monuments; water towers;

observation towers; flag poles; or chimneys.

9. Parking Standard.

a. No parking shall be located in excess of 25 percent of the front

yard of the RR housing unit; 30 percent of the front yard of the

R1-A housing unit, 35 percent of the front yard of the R1-B

housing unit, or 40 percent of the front yard of the R1-C

housing unit; parking is also allowed, however, in front of a

garage or carport.

b. All parking areas, except in the RR district, shall be paved with

asphalt, concrete, brick pavers, pervious material or similar

permeable paving material.

D. Signs

1. Signage is allowed within Single Family Residential Districts on a

limited basis and in accordance with the following table. Single Family

Residential uses and properly permitted conditional uses in the Single

Family Residential District may have a maximum of one mailbox sign

or limited wall signage. No sign shall be externally or internally

illuminated.

RR & R1

MHP

Freestanding Signs Allowed?

Wall Signs Allowed?

Yes

Maximum Face Area

8 sf

32 sf

Entrance Sign Allowed?

Yes

2. Entrance Signs Standards.

a. The content of an entrance sign shall be limited to the name of

the neighborhood, subdivision or park only.

b. No sign shall be internally illuminated.

c. All entrance signs shall be constructed of durable materials.

d. Landscaping is encouraged around entrance signs, provided

the selected landscape materials will not grow to obscure sign

face. No landscaping shall be erected to obstruct free and clear

vision of an intersection and/or roadway.

Article 4

-----------------------------------------------

Zoning Districts – Multi-Family Residential

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-12

e. Structural Type and Size. Any entrance sign must be

monument type and the maximum sign face shall be 60 square

feet total. Maximum height shall be 5 feet.

f. Entrance signs may be allowed in public right-of-way only with

written permission of the applicable jurisdiction.

3. Temporary on-premise signs containing content of personal

expression, campaign, property sale or seasonal event shall not

require a permit. These signs are allowed provided they otherwise

comply with the following standards:

a. No sign shall be erected to obstruct free and clear vision of an

intersection and/or traffic signals. No sign may be placed in or

extended over a public right-of-way or utility easement without

the express written consent of the controlling jurisdiction or

utility.

b. The maximum sign face per sign shall be 4 square feet total.

Maximum height shall be 4 feet.

4. All permitted signs in the Single Family Residential District shall also

comply with all the General and Prohibited Sign Development

Standards in Section 4.6.8.F.4 and 4.6.8.F.5.

E. Accessory Structures. Accessory buildings and structures, except as

otherwise permitted by this Ordinance, shall require a Building Permit and shall

be subject to the following regulations in all Single Family Residential Districts:

1. No accessory building or structure shall extend beyond the front of the

principal structure, excluding fences 4 feet or less in height.

2. When a corner lot adjoins another lot in the rear which is used for

residential purposes, no accessory building or structure shall extend

beyond the front of the principal structure or be nearer to the side street

than the depth of any required front yard for a dwelling along such side

street, excluding fences 4 feet or less in height.

3. An accessory building may not exceed the height of the principal

structure.

4. The total area of all accessory buildings shall not exceed 75% of the

floor area of the principal building.

5. No detached accessory building, assessor structure, smokehouses or

fire pits, shall be located closer than 10 feet to any principal building,

and may require greater separation when requested by the Fire

Marshal/Building Inspector.

6. An accessory building may be connected to the principal building by a

breezeway or other similar structure but shall not project nearer the

side lot line than the minimum side yard required for the main building.

Article 4

-----------------------------------------------

Zoning Districts – Multi-Family Residential

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-13

An accessory building located on a through lot shall conform to the

required building setback line set forth for the District.

7. Accessory buildings/structures shall be permanently affixed to the

ground and shall not include mobile home, bus, travel trailer, RV,

trailer, cooler, vehicle, freight container or commercial ground mounted

storage container.

8. Accessory Apartments are allowed in the Rural Residential and R1-A

Single Family Residential District. An Accessory Apartment may be

attached or detached from the principal residence. The floor area of

the accessory apartment may not exceed 50 percent of the floor area

of the principal structure. Accessory apartments are allowed on lots of

record that do not meet the minimum lot area or width standards for

the zoning district, but all yard dimensions and other development

standards must conform to the district regulations. If attached to the

principal residence, any entrance into the accessory apartment shall

be located on the side or rear facade(s) of the building. The accessory

apartment must not alter the character of the single family residence

or the development pattern of the neighborhood. A minimum of 1

parking space (in addition to the parking required for the primary

residence) shall be provided for accessory apartment. The number of

bedrooms located within accessory apartment shall not exceed two (2).

9. Fences. For the purpose of determining side and rear yard setback,

the accessory structure setback shall not apply to fences. See 4.4.4 E

(1) and (2) for front setback for fences

10. Swimming Pools.

a. All swimming pools with a water depth of 3 feet or greater shall

require a building permit. The swimming pool area shall be

enclosed by a fence or other suitable barrier with a minimum

height of not less than 4 feet. Openings in the fence shall be

small enough to prevent a child from entering the enclosure

other than through the gate.

b. A swimming pool as an accessory use to a residential structure

shall be located no closer than 10 feet to the rear property line

and no closer than 10 feet to a side property line. On a corner

lot, the side yard setback shall be 25 feet. The setback shall be

measured from the wall of the swimming pool to the nearest

property line.

11. Solar Panels. Roof-mounted and ground-mounted solar panel systems

shall comply with the following:

a. Solar panel systems shall be permitted on the roof of a building

provided that the panels are not located on a front or side roof

slope facing any public street or a rear roof slope facing a

street.

Article 4

-----------------------------------------------

Zoning Districts – Multi-Family Residential

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-14

b. Solar panel systems shall have a top edge that is parallel to the

roof ridge and shall conform to the slope of the roof. Solar panel

systems shall be positioned on the roof so as not to extend

above or beyond the edge of any ridge, hip, valley, or eave.

c. A ground-mounted solar panel system is not permitted as the

primary use of a property.

d. Ground-mounted solar panel systems shall comply with the

maximum square footage and minimum setback requirements

for residential accessory buildings and structures.

e. Ground-mounted solar panel systems shall not be located

between a property line abutting a street and the building.

f. Ground-mounted solar panel systems on residential property

shall be screened from view of the street or adjacent properties

by an opaque screening fence. The maximum height of ground

mounted solar panel systems shall not exceed the height of the

required opaque fence and in no case shall exceed eight (8)

feet.

g. Supporting equipment for solar panel systems, including power

conditioning equipment such as batteries for electricity storage

and stand-by generators shall be screened by an opaque

screening device, except that wall-mounted inverters may be

located next to the electric meter. Long lengths of conduit and

wiring associated with the system's connection to the primary

electrical panel shall be placed underground.

12. No accessory structure that is not designated to breakaway on impact

shall be permitted in or extended over a public right-of-way or utility

easement without the express written consent of the controlling

jurisdiction or utility company. Such structures include, but are not

limited to, rock or brick mailbox structures.

4.4.5 Residential Development Standards by Housing Type

A. Zero Lot Line Home

1. Development of a Zero Lot Line Home shall occur only on a lot that

has been specifically platted to accommodate such a use.

2. Zero Lot Line dwellings shall meet the following requirements:

a. One side yard must be a minimum of 10 feet.

b. The remaining side yard may range from 0 feet, up to a

maximum of one foot, except for lots where minimum setbacks

required from side streets or from adjoining lots in other zoning

districts necessitate this remaining side yard to be a minimum

of 5 feet. In no circumstance shall the separation between a

Article 4

-----------------------------------------------

Zoning Districts – Multi-Family Residential

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-15

Zero Lot Line Home and any dwelling on an adjoining lot be

less than 10 feet.

c. Any side yard abutting a street right-of-way must be a minimum

of 25 feet.

d. Any side yard abutting a lot in a different zoning district must

be a minimum of 5 feet or the width of the required side yard in

the adjacent district, whichever is greater.

e. A maximum 2-foot eave overhang is allowed within these

required side yards.

f. A perpetual easement with a minimum width of four feet shall

be provided on the adjacent lot, for the maintenance of the wall

of the dwelling with the Zero Lot Line. This required easement

shall be in favor of the lot on which a Zero Lot Line is planned

at or near the boundary to which this easement is adjacent.

This required easement shall extend along the entire length of

the side boundary to which the easement is adjacent.

g. No doors, windows, air conditioning units, utility meters,

electric panel boxes or openings of any kind shall be allowed

on the wall of a dwelling or accessory building that lies on a

Zero Lot Line, with the exception of translucent windows

approved by the Building Inspector.

h. Any portion of an exterior wall which lies less than 3 feet from

and substantially parallel to a side boundary shall be

considered on the Zero Lot Line.

i. Any portion of an exterior wall which lies less than 3 feet from

and substantially perpendicular to a side boundary shall be

considered on the Zero Lot Line.

j. The roof of each unit must be designed to prevent stormwater

runoff from draining onto the adjacent lot.

k. Required easements shall be shown on the Final Plat. If

required easements are not shown on the Final Plat of lots for

Zero Lot Line Homes, then such easements shall be created

by means of a re-plat or other separate recorded legal

instrument before permits for building are granted.

l. In no case shall the owner of any Zero Lot Line dwelling be

granted an easement on the adjoining property for the use or

enjoyment of any portion of that property.

B. Single Family Attached - Townhomes and Patio Homes

1. Platted Lot Required. Each unit or home shall be developed on a

separately platted and recorded lot, designated as a Single Family

Use.

Article 4

-----------------------------------------------

Zoning Districts – Multi-Family Residential

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-16

2. Maximum Number of Units. The maximum number of units per

building shall be 4.

3. Townhome Lot Size. The minimum lot size per building shall be 5,000

sf, with a minimum platted lot size for unit of 1,200 square feet,

exclusive of floodplain. The minimum lot width and frontage shall be 16

feet for each Townhome unit.

4. Patio Home Lot Size. The minimum lot size per building shall be 5,000

sf, exclusive of floodplain. The minimum lot width and frontage shall be

50 feet for each Patio Home.

5. Setbacks. Front yard setback, minimum 25 feet with no garage, 20

feet with a garage.

6. Off-Street Parking and Drives. Each Townhome Unit or Patio Home

shall have at least 2 paved off-street parking spaces located on the lot

or located within 100 feet of the unit.

7. Party Walls and Roofs.

a. Party walls shall be constructed in conformance with the

Kentucky Building Code provisions.

b. Party walls and roofs shall be perpetually maintained, repaired

and replaced through a party wall and roof agreement with

provisions for arbitration. Such agreement shall be recorded in

the office of the County Court Clerk of Boyle County, Kentucky.

c. All dwelling units sharing a common wall shall have a minimum

24-inch offset in the front and rear building lines.

8. Subdivision Regulation Coordination. Any development approved

under this section shall be considered a Subdivision Plat With

Improvements.

9. Condominium (Horizontal Property) The intent and application of this

Ordinance is to implement and reaffirm the Horizontal Property Law of

Kentucky (KRS 381). A master deed or lease or floor plans meeting

the standards set forth in KRS 381 shall not be filed in the Office of the

Boyle County Clerk without having first been reviewed and approved

by the Planning Commission.

The maximum permitted overall densities and floor area ratios and the

minimum outdoor area, living space, and recreation area ratios shall

be controlled by the zoning district classification in which the project is

located. The establishment, expansion or diminution of a horizontal

property regime shall be subject to review and approval by the

Planning Commission.

Article 4

-----------------------------------------------

Zoning Districts – Single Family Residential

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-17

C. Manufactured Home Park

1. General Property Development Standards. Each area proposed to

be zoned MHP District shall meet the standards set forth in the

Subdivision Regulations, prior to issuance of Building Permits.

2. Minimum Area of Park.

a. Each Manufactured Home Park shall contain a minimum of 5

contiguous acres of land and minimum of 25 home spaces.

b. Development of a smaller tract of land adjacent to an existing

Manufactured Home Park may be permitted, provided that:

(1) The proposed development conforms to and extends

the original Manufactured Home Park;

(2) The proposed development site is properly zoned;

(3) The proposed development otherwise conforms to all

of the standards and requirements of this Ordinance.

3. Space Standards. Minimum space standards for the Manufactured

Home Park are as follows:

Space Standard

Requirement

Home Space Size (minimum)

5,000 sf

Front Setback (minimum from pavement)

20 ft

Unit Separation (minimum from other units,

buildings or accessory structures)

15 ft

4. Setbacks, Buffer Strips and Screening.

a. All spaces and permitted accessory uses and structures shall

be located at least 50 feet from any park property boundary line

abutting upon a public street and at least 25 feet from other

park property boundary lines.

b. There shall be a minimum distance of 20 feet between the

housing unit and the edge of the abutting internal park street.

c. All Manufactured Home Parks shall be provided with visual

perimeter screening in accordance with the Commercial

Development landscaping provisions in Section 4.6.8.D.

5. Minimum Frontage. The Manufactured Home Park shall be located

with direct access to an arterial or collector street as designated by the

Kentucky Transportation Cabinet or the applicable City and shall have

a minimum of 50 feet of frontage.

Article 4

-----------------------------------------------

Zoning Districts – Single Family Residential

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-18

6. Internal Park Streets. All unit spaces and permitted accessory uses

and structures shall front on an internal park street only. All internal

streets shall meet the following minimum requirements:

a. All internal streets shall be 18 feet in width with no on-street

parking or 24 feet with on-street parking.

b. Dead-end streets shall be limited in length to 600 feet and shall

be provided at the closed end with a cul-de-sac having a

minimum diameter of 80 feet.

c. All Manufactured Home Park shall be equipped with street

lights on all streets.

d. All streets within the mobile home park shall conform to the

street construction and design standards of the Subdivision

Regulations of Boyle County except as herein modified.

7. Off-Street Parking. Off-street parking areas or on-street parking lanes

shall be provided for the use of park occupants and guests. Such

areas shall be accessible by motor vehicles from the internal park

street and two (2) parking spaces per housing space is required.

8. Design Standards.

a. All housing unit spaces shall be designed so that the unit can

be moved on or off the site without moving any other unit.

b. All units must meet the HUD Code for Manufactured Housing

or be affixed with a Commonwealth of Kentucky “B” Seal.

c. All units must be in good repair at the time of their placement

and shall be maintained in good repair thereafter.

d. Each unit shall be placed on a permanent foundation and

skirted to enclose the area below the unit.

9. Water Supply. All Manufactured Home Parks shall be served by a

public water system that can provide 600 GPM at 20 PSI residual

pressure and meet any applicable fire hydrant ordinance.

10. Sewage Disposal. All Manufactured Home Parks shall be connected

to the public sewer system. Individual septic systems may not be used.

11. Existing Nonconforming Parks. For existing parks which are located

in any zoning district other than Manufactured Home Park, any plans

to extend or to expand onto contiguous property, shall necessitate a

zoning change in accordance with Section 3.10 Map Amendment

(Rezoning), and the filing of a Development Plan on the entire property.

Article 4

-----------------------------------------------

Zoning Districts – Multi-Family Residential

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-19

SEC. 4.5 MULTI-FAMILY RESIDENTIAL DISTRICTS

4.5.1 Two-Family Residential District (RM-2)

A. Purpose and Intent. The Two-Family Residential District is intended to

provide housing opportunities for two-family residential development,

including, Twinhomes and Duplexes. This district shall be served by public

sanitary sewer.

B. Permitted Residential Unit Types. The following residential unit types shall

be permitted in this District:

1. Twinhomes;

2. Duplexes; and

3. Residential unit types permitted in R1-A district (utilizing R1-A property

development standards).

4.5.2 Multi-Family Residential District (RM-3)

A. Purpose and Intent. The RM-3 Multi-Family Residential District is intended to

provide housing opportunities for multi-family development of up to 8 units in a

single building. This district shall be served by public sanitary sewer.

B. Permitted Residential Unit Types. The following residential unit types shall

be permitted in this District:

1. Apartments or Townhomes containing 3 to 8 units per building;

2. Condominiums containing 3 to 8 units per building;

3. Two-family residential unit types permitted in RM-2 district; and

4. Residential unit types permitted in R1-B district (utilizing R1-B property

development standards).

4.5.3 Multi-Family Residential District (RM-4)

A. Purpose and Intent. The RM-4 Multifamily Residential District is intended to

provide housing opportunities for multi-family development with greater than

eight (8) units per building. This district shall be served by public sanitary

sewer.

B. Permitted Residential Unit Types. The following residential unit types shall

be permitted in this District:

1. Apartments containing greater than 8 units per building;

2. Condominiums containing greater than 8 units per building;

3. Residential unit types permitted in the RM-3 district;

4. Two-family residential unit types permitted in RM-2 district; and

5. Residential unit types permitted in R1-C district (utilizing R1-C property

development standards).

Article 4

-----------------------------------------------

Zoning Districts – Multi-Family Residential

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-20

4.5.4 General Residential Development Standards

A. Uses. Uses permitted in this District are shown in the Use Table in Section 5.1,

Use Table. This table employs broad use categories containing a variety of

similar uses. The use categories are described in Section 5.2, Use Categories.

Additional standards for specific uses, if any, can be found in each category.

Properties which have recorded development conditions limiting their use to

single family residential shall be limited to one family occupancy per residential

unit.

B. Property Development Standards. Development in each Multi-family

Residential District shall comply with the general residential development

standards in the following tables:

RM-2

Duplex

RM-2

Twinhome

RM-3

RM-4

Lot Area (minimum)

Public Sewer

Septic System

10,000 sf

N/A

5,000 sf / unit

N/A

8,000 sf + 1,500 sf

for each unit >1

N/A

6,000 sf

N/A

Lot Width (min at bldg line)

80 ft

40 ft/ unit

50 ft

Lot Frontage (minimum)

Public Street

Cul-de-Sac (bulb only)

50 ft

40 ft

25 ft/ unit

20 ft/ unit

50 ft

40 ft

50 ft

40 ft

Lot Coverage (maximum)

75%

80%

85%

Setback (minimum)

Front Yard

Side Yard

Rear Yard

Accessory Structure

25 ft

10 ft

5 ft

25 ft

10 ft

5 ft

25 ft

10 ft

5 ft

25 ft

10 ft

5 ft

Height (maximum)

42 ft

6 stories

Off-Street Parking Spaces

(Per Unit)

Bed Spaces

1 1.0

2 2.0

3 3.0

4 4.0

5 5.0

2 Spaces

Bed Spaces

1 1.5

2 2.5

3 3.25

4 4.25

5 5.0

Bed Spaces

1 1.5

2 2.5

3 3.25

4 4.25

5 5.0

C. Other Standards

1. Corner lots. Corner lots shall be required to provide a front yard

setback along any lot line abutting a street.

2. Reduction in Lot Area Prohibited. No lot, although it may consist of

one or more adjacent lots of record, shall be reduced in area to the

extent that yards, lot area, lot width, building area, or other

requirements of this Ordinance are not maintained. Where a lot is

affected by acquisition or condemnation for government purposes, the

remaining lot may vary no more than 10 percent from these minimum

Article 4

-----------------------------------------------

Zoning Districts – Multi-Family Residential

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-21

standards and requirements. Where a greater than 10 percent

variation occurs, it shall be considered a taking in its entirety.

3. Minimum Lot Area Above 100-Year Flood Level Required. No lot

served by public sanitary sewer shall be created or developed which

does not have at least 5,000 square feet of lot area above the 100-year

frequency flood level.

4. Measurement of Lot Width. Minimum lot width shall be measured at

the building setback line. Curve or cul-de-sac lots shall be measured

along the chord distance at the front setback between side property

lines.

5. Minimum Lot Frontage Required. No building shall be erected on a

lot, nor shall a lot be created, which does not abut at least one

improved street for a distance of not less than 40 feet.

6. Measurement of Lot Coverage. Lot coverage shall include all areas

of the lot covered by buildings, structures (including accessory

structures), patios, walkways, travelways, and parking areas, including

gravel, pervious material or similar permeable paving material parking

areas. Lot coverage does not include outdoor pools. The percent of

lot coverage shall be determined by dividing the total covered area by

the gross area of the lot.

7. Setbacks and Yards.

a. Lots Abutting Highways. Lots that abut a fully controlled

access highways which allow no direct access shall have a

minimum building setback line from the right-of-way of said

highway of 25 feet. This building line shall be the same

whether considered as front, side or rear setback.

b. Distance Greater than Minimum Required. Building setback

lines as established by this Section may be greater than the

minimums shown in the table in Section 4.5.4.B; however, for

purposes of establishing minimum lot width, this distance shall

not exceed 100 feet.

c. Variable Front Yard Setback. A waiver from the strict

enforcement of the front yard setback shown for a specific

district may be granted by the Director where the majority of

existing development on the same block face is set back less

than the required setback. In such case, the front yard setback

may be the average setback line for that block face, or 20 feet,

whichever is greater.

8. Height Limit Exceptions. The height limitations of this Ordinance

shall not apply to church spires, belfries, cupolas and domes not

intended for human occupancy; monuments; water towers;

observation towers; flag poles; or chimneys.

Article 4

-----------------------------------------------

Zoning Districts – Multi-Family Residential

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-22

9. Parking Standard.

a. All parking areas shall be paved with asphalt, concrete, brick

pavers, or similar material. For any Single Family Residential

use in RM-2, RM-3, or RM-4, no parking shall be located in

excess of 25 percent of the front yard of the housing unit;

parking is also allowed, however, in front of a carport or garage.

b. Required parking shall be provided according to the

Development Standards table found in this section and the Off-

Street Parking and Loading in Section 4.6.8.E.

D. Landscaping. All multi-family residential development in the RM-3 and RM-4

district shall comply with the minimum landscaping standards as set forth in

Section 4.6.8.D.

E. Signs

1. Signage is allowed within Multi-Family Residential Districts on a limited

basis and in accordance with the following table. Multi-Family

Residential uses and properly permitted conditional uses in the Multi-

Family Residential Districts may have a maximum of one freestanding

or wall sign. No sign shall be externally or illuminated.

RM-2, RM-3 & RM-4

Freestanding Signs Allowed?

Yes*

Maximum Number

Maximum Face Area

32 sf

Maximum Height

7 ft

Structure Type

Monument

Wall Signs Allowed?

Yes

Maximum Face Area

32 sf

*RM-3 and RM-4 Only

2. Entrance Signs Standards.

a. The content of an entrance sign shall be limited to the name of

the development or subdivision only.

b. No sign shall be internally illuminated.

c. All entrance signs shall be constructed of durable materials.

d. Landscaping is encouraged around entrance signs, provided

the selected landscape materials will not grow to obscure sign

Article 4

-----------------------------------------------

Zoning Districts – Multi-Family Residential

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-23

face. No landscaping shall be erected to obstruct free and clear

vision of an intersection and/or roadway.

e. Structural Type and Size. Any entrance sign must be

monument type and the maximum sign face shall be 60 sq. ft.

total. Maximum height shall be 5 feet.

f. Entrance signs may be allowed in public right-of-way only with

written permission of the applicable jurisdiction.

3. Temporary on-premise signs containing content of personal

expression, campaign, property sale or seasonal event shall not

require a permit. These signs are allowed provided they otherwise

comply with the following standards:

a. No sign shall be erected to obstruct free and clear vision of an

intersection and/or traffic signals. No sign may be placed in or

extended over a public right-of-way or utility easement without

the express written consent of the controlling jurisdiction or

utility.

b. The maximum sign face per sign shall be 4 square feet total.

Maximum height shall be 4 feet.

4. All permitted signs in the Multi-Family Residential District shall also

comply with all the General and Prohibited Sign Development

Standards in Section 4.6.8.F.4 and 4.6.8.F.5.

F. Accessory Structures. Accessory buildings and structures, except as

otherwise permitted by this Ordinance, shall require a building permit and shall

be subject to the following regulations in all Multi-Family Residential districts.

1. No accessory building or structure shall extend beyond the front of the

principal structure, excluding fences 4 feet or less in height.

2. When a corner lot adjoins another lot in the rear which is used for

residential purposes, no accessory building or structure shall extend

beyond the front of the principal structure or be nearer to the side street

than the depth of any required front yard for a dwelling along such side

street, again excluding fences 4 feet or less in height.

3. An accessory building may not exceed the height of the principal

structure or 42 feet, whichever is less.

4. Accessory buildings shall not exceed 75 percent of the ground floor

area of the principal building.

5. No detached accessory building, assessor structure, smokehouses or

fire pits, shall be located closer than 10 feet to any principal building,

and may require greater separation when requested by the Fire

Marshal/Building Inspector.

6. An accessory building may be connected to the principal building by a

breezeway or other similar structure but shall not be considered as an

Article 4

-----------------------------------------------

Zoning Districts – Multi-Family Residential

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-24

attached accessory building, carport, or similar structure. Said

breezeway shall not project nearer the side lot line than the minimum

side yard required for the main building. An accessory building located

on a through lot shall conform to the required building setback line set

forth for the District.

7. Accessory buildings/structures shall be permanently affixed to the

ground and shall not include mobile home, bus, travel trailer, RV,

trailer, cooler, vehicle or freight container or commercial ground

mounted storage container.

8. Fences. For the purpose of determining the yard setback, the

accessory structures setback shall not apply to fences. See 4.5.4.E (1)

and (2) for front setback for fences.

9. Swimming Pools.

a. All swimming pools with a water depth of 3 feet or greater shall

require a building permit. The swimming pool area shall be

enclosed by a fence or other suitable barrier with a minimum

height of not less than 4 feet. Openings in the fence shall be

small enough to prevent a child from entering the enclosure

other than through the gate.

b. A swimming pool as an accessory use to a residential structure

shall be located no closer than 10 feet to the rear property line

and no closer than 10 feet to a side property line. On a corner

lot, the side yard setback shall be 25 feet. The setback shall be

measured from the wall of the swimming pool to the nearest

property line.

10. Solar Panels. Roof-mounted and ground-mounted solar panel

systems shall comply with the following:

a. Solar panel systems shall be permitted on the roof of a building

provided that the panels are not located on a front or side roof

slope facing any public street or a rear roof slope facing a

street.

b. Solar panel systems shall have a top edge that is parallel to the

roof ridge and shall conform to the slope of the roof. Solar panel

systems shall be positioned on the roof so as not to extend

above or beyond the edge of any ridge, hip, valley, or eave.

c. A ground-mounted solar panel system is not permitted as the

primary use of a property.

d. Ground-mounted solar panel systems shall comply with the

maximum square footage and minimum setback requirements

for residential accessory buildings and structures.

e. Ground-mounted solar panel systems shall not be located

between a property line abutting a street and the building.

Article 4

-----------------------------------------------

Zoning Districts – Multi-Family Residential

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-25

f. Ground-mounted solar panel systems on residential property

shall be screened from view of the street or adjacent properties

by an opaque screening fence. The maximum height of ground

mounted solar panel systems shall not exceed the height of the

required opaque fence and in no case shall exceed eight (8)

feet.

g. Supporting equipment for solar panel systems, including power

conditioning equipment such as batteries for electricity storage

and stand-by generators shall be screened by an opaque

screening device, except that wall-mounted inverters may be

located next to the electric meter. Long lengths of conduit and

wiring associated with the system's connection to the primary

electrical panel shall be placed underground.

11. No accessory structure that is not designated to breakaway on impact

shall be permitted in or extended over a public right-of-way or utility

easement without the express written consent of the controlling

jurisdiction or utility company. Such structures include, but are not

limited to, rock or brick mailbox structures.

4.5.5 Residential Development Standards by Housing Type

A. Twinhome. Only one Twinhome dwelling unit shall be allowed on a single lot.

B. Townhome.

1. Platted Lot Required. Each unit shall be developed on a separately

platted and recorded lot.

2. Lot Size. The minimum lot size for each platted lot shall be 1,200

square feet, exclusive of floodplain. The minimum lot width shall be 16

feet for each unit.

3. Setbacks. Front yard setback, minimum 25 feet with no garage, 20

feet with a garage, or 15 feet with designated off-site or rear parking.

4. Off-Street Parking and Drives.

a. Each townhome unit shall have at least 2 paved off-street

parking spaces located on the lot or located within 100 feet of

the unit.

b. Parking spaces that do not have a private access from a public

way shall have access via a private drive for which perpetual

maintenance shall be provided. Perpetual maintenance shall

be provided through an agreement or covenant which is

properly recorded and which runs with the land. Such

agreement shall be recorded in the office of the County Court

Clerk of Boyle County, Kentucky.

Article 4

-----------------------------------------------

Zoning Districts – Multi-Family Residential

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-26

5. Party Walls and Roofs.

a. Party walls shall be constructed in conformance with the Kentucky

Building Code provisions.

b. Party walls and roofs shall be perpetually maintained, repaired

and replaced through a party wall and roof agreement with

provisions for arbitration. Such agreement shall be recorded in the

office of the County Court Clerk of Boyle County, Kentucky.

c. All units sharing a common wall shall have a minimum 24-inch

offset in the front and rear building lines.

6. Subdivision Regulation Coordination. Any development approved

under this section shall be considered a Subdivision Plat With

Improvements.

7. Condominium (Horizontal Property) The intent and application of

this Ordinance is to implement and reaffirm the Horizontal Property

Law of Kentucky (KRS 381). A master deed or lease or floor plans

meeting the standards set forth in KRS 381 shall not be filed in the

office of the Boyle County Clerk without having first been reviewed

and approved by the Planning Commission.

The maximum permitted overall densities and floor area ratios and the

minimum outdoor area, living space, and recreation area ratios shall

be controlled by the zoning district classification in which the project

is located. The establishment, expansion or diminution of a horizontal

property regime shall be subject to review and approval by the

Planning Commission in the same manner as approval of a Site

Development Plan.

Article 4

-----------------------------------------------

Zoning Districts – Commercial and Office/Professional

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-27

SEC. 4.6 COMMERCIAL DISTRICTS

4.6.1 Neighborhood Business District (NB)

The Neighborhood Business District is intended to provide opportunities for

neighborhood-scale commercial development that provides daily services and goods

to the immediately surrounding area.

4.6.2 General Business District (GB)

The General Business District is intended to provide opportunities for commercial

development that serves the entire community or region.

4.6.3 Central Business District (CB)

The Central Business District is intended to provide for the continued vitality of

downtown areas and the maintenance and re-use of existing historic structures.

4.6.4 Highway Business District (HB)

The Highway Business District is intended for the development of businesses that

require a high volume of vehicular traffic due to the nature of the products or services

offered by the business. This District is appropriate for parcels having frontage on

collector or arterial streets.

4.6.5 Office and Professional District (OP)

This district is established with the purpose and intent of providing space for

professional offices in appropriate locations to accommodate the needs of the

community. The district is intended to serve as the transition between commercial

areas and adjacent residential development.

4.6.6 Institutional Campus Development District (ICD)

This district is established with the purpose and intent of providing

for the continued

and future use, expansion, and new development of academic campuses,

religious campuses and healthcare facilities. The district is designed to promote

the varied uses associated with such institutions while maintaining the overall

design integrity of the traditional campus setting.

4.6.7 Public District (P)

The Public District is intended to provide for public and quasi-public development,

including open lands such as parks, and developed uses including government

building, hospitals, and schools. Use of the Public District is limited to agencies and

entities receiving or utilizing public funding.

4.6.8 General Commercial Development Standards

A. Uses. Uses permitted in this District are shown in the Use Table in Section 5.1,

Use Table. This table employs broad use categories containing a variety of

similar uses. The use categories are described in Section 5.2, Use Categories.

Additional standards for specific uses, if any, can be found in each category.

B. Property Development Standards.

1. Development in each District shall comply with the general commercial

development standards in the following table:

Article 4

-----------------------------------------------

Zoning Districts – Commercial and Office/Professional

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-28

ICD

Lot Area (minimum)

Public Sewer

Septic System

5,000 sf

43,560 sf

5,000 sf

N/A

0 sf

N/A

5,000 sf

N/A

5,000 sf

43,560 sf

217,800 sf

N/A

5,000 sf

43,560 sf

Lot Width (min at Bldg Line)

50 ft

0 ft

50 ft

Lot Frontage (minimum)

50 ft

0 ft

50 ft

Lot Coverage (maximum)

70%

80%

100%

90%

70%

80%

Setback (minimum)

Front Yard

Side Yard

Rear Yard

Accessory Structure

25 ft

10 ft

0 ft

25 ft

0 ft

25 ft

0 ft

25 ft

10 ft

0 ft

25 ft

0 ft

25 ft

0 ft

Height (maximum)

42 ft

None

42 ft

None

Building Size (maximum)

4,000 sf

N/A

Parking

See specific use chart in 4.6.8.E for parking requirements.

Landscaping required?

See Section 4.6.8.D for landscaping requirements.

Residential uses allowed?

Yes

What standard?

R1-C

RM-3

Mixed

RM-3

Mixed

N/A

R1-C

RM-3

Accessory

Use

2. Minimum Lot Area Above 100-Year Flood Level Required. No lot

served by public sanitary sewer shall be created or developed which

does not have at least 5,000 square feet of lot area above the 100-year

frequency flood level. No lot served by on-site septic systems shall be

created or developed which does not have at least 20,000 square feet

of lot area above the 100-year frequency flood level.

3. Measurement of Lot Coverage. Lot coverage shall include all areas

of the lot covered by buildings, structures (including accessory

structures), patios, walkways, travelways, and parking areas, including

gravel parking areas. Lot coverage does not include pervious material

or similar permeable paving material. The percent of lot coverage shall

be determined by dividing the total covered area by the gross area of

the lot.

4. Variable Front Yard Setback. A waiver from the strict enforcement

of the front yard setback shown for a specific district may be granted

by the Director where the majority of existing development on the same

block face is set back less than the required setback. In such case,

Article 4

-----------------------------------------------

Zoning Districts – Commercial and Office/Professional

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-29

the front yard setback may be the average setback line for that block

face, or 15 feet, whichever is greater.

C. Additional Setback Adjacent to Single-Family Residential District/ Uses.

Development in any commercial district adjacent to the boundary of a Single-

Family residential zoning district or a Single-Family Residential Use shall

require the following setback:

1. Commercial Districts (GB, HB and ICD). A rear yard shall have a

minimum 25-foot rear yard setback, and a side yard shall have a

minimum 20-foot side yard setback.

2. Commercial Districts (NB, CB, OP and CB). A rear yard shall have

a minimum 20-foot rear yard setback, and a side yard shall have a

minimum 10-foot side yard setback.

D. Landscaping. All commercial development shall comply with the minimum

landscaping standards as follows:

1. Applicability

a. No new site development, building, structure, or vehicle use

area (VUA) shall hereafter be constructed or used unless

landscaping is provided as required by the provisions of this

Section, regardless of the need for a building permit.

b. No building, structure or VUA shall be expanded or moved

unless the minimum landscaping is provided as required by the

provisions of this Section.

c. No building, structure, or VUA shall be reconstructed unless

the minimum landscaping is provided as required by the

provisions of this Section.

d. No use shall be changed to another use for which this

Ordinance requires additional parking over that which was

required for the previous use, unless the VUA perimeter and

interior VUA landscaping as required by this Section is

provided for such additional parking, where the previous use

had no required parking, perimeter and interior VUA

landscaping shall be provided for all new VUA serving the new

use. Interior landscaping shall not be required where only the

use of the property is changed and no new construction or

reconstruction of any VUA is proposed.

e. No use of an existing building, structure, or VUA shall be

commenced subsequent to a change in zoning unless all

landscaping as required by this Section is provided.

f. All uses in the Central Business (CB) District, except parking

lots and vehicle use areas, shall be exempt from the

landscaping provisions of this Ordinance.

Article 4

-----------------------------------------------

Zoning Districts – Commercial and Office/Professional

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-30

2. Buffers between incompatible land uses. Land uses that are

determined to be incompatible by the Director of the Planning

Commission shall be buffered at the following rate:

a. Three deciduous shade trees and six evergreen trees per each

100 linear feet of buffer, or two deciduous shade trees, three

evergreen trees and twelve shrubs per 100 linear feet of buffer.

b. Up to one-half of the deciduous shade trees and evergreens

may be substituted with ornamental trees. The substitution

rate shall be two ornamental trees for each shade or evergreen

tree.

c. The required buffer shall be located along the property

boundary adjacent to the incompatible land use.

d. All buffers located between incompatible land uses must be an

average of ten feet in width with the minimum dimension being

five feet.

3. Screening of Vehicle Use Areas (VUA).

a. When a VUA is located adjacent to any property line other than

a public right-of-way, the screen shall be planted at the

following rate:

(1) Three deciduous shade trees and two evergreen trees

per 100 linear feet of screening, for the area where the

VUA is adjacent to, and within 100 feet of a common

property line, or two deciduous shade trees, 20 shrubs

per 100 linear feet of screening.

(2) Up to one-half of the deciduous shade trees and

evergreens may be substituted with ornamental trees.

The substitution rate shall be two ornamental trees for

each shade or evergreen tree.

(3) All screening between a VUA and a common property

line must be an average of ten (10) feet in width with

the minimum dimension being five (5) feet.

(4) When a VUA is located adjacent to any public right-of-

way, the screen shall contain:

i. A minimum of 70 percent of the distance where

a VUA is adjacent to a right-of-way or common

property line shall be screened with shrubs to

be maintained at a minimum of 24 inches and

a maximum of 42 inches in height, with one-

half of the shrubs used for this being of an

evergreen species.

Article 4

-----------------------------------------------

Zoning Districts – Commercial and Office/Professional

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-31

ii. Two deciduous shade trees per 100 linear feet

of screen. Shade trees may be substituted with

ornamental trees at the rate of two ornamental

trees per shade tree. All screens between a

VUA and right-of-way must be a minimum of

ten feet in width.

4. Interior VUA Landscaping. Any open VUA (excluding loading,

unloading and storage areas in an industrial zone) containing 6,000

square feet of parking area shall provide interior landscaping in

addition to the previously required VUA perimeter landscaping. Where

a VUA is altered or expanded to increase to 6,000 or more square feet

of area, interior landscaping shall be provided for the entire VUA area.

Planting adjacent to or within ten feet of a building is considered

foundation planting and is not counted towards the requirements of this

section. All interior VUA shall be planted at the following rate:

a. A minimum of five percent interior VUA landscaping shall be

provided in planting islands or peninsulas.

b. The minimum landscape area to be counted towards the

requirements of this section shall be 64 square feet, with a

minimum island or peninsula width of six feet.

c. Required landscape areas shall be dispersed throughout the

VUA, with no area being larger than 400 square feet, areas

over this amount are permitted when in excess of the required

five percent.

d. Landscape islands shall be required at the ends of all parking

bays.

e. A minimum of one tree shall be planted within each landscape

island or peninsula for each 250 square feet of required interior

VUA landscaping.

f. There shall be no more than 20 parking spaces between

islands or peninsula in a VUA. This is to include parking

adjacent to common property lines or public rights-of-way.

5. Screening of Service Structures. All service structures shall be fully

screened.

a. A continuous planting, fence, wall, or earth berm shall enclose

any service structure on all sides unless such structure must

be frequently moved, in which case screening on all but one

side is required. The average height of the screening material

shall be one foot more than the height of the enclosed structure

but shall not be required to exceed eight feet in height. No

screening shall be required if the service structure is interior to

loading or vehicle servicing area.

Article 4

-----------------------------------------------

Zoning Districts – Commercial and Office/Professional

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-32

b. When plant material is to be used for the screening of service

structures, the plant material must be able to provide 100

percent screening within three years.

c. All trash disposal units and ground level storage units shall be

enclosed within walls, vegetation, or earthen berm on all sides

with an opening door for the removal of trash or stored items.

The height of the screening shall be 18 inches higher than the

structure to be screened but shall not be required to exceed

eight feet in height.

6. Landscape materials. Screening material shall consist of plant

material, wood, stone, masonry material, or earthen berm.

a. All plants material to be installed as required shall conform to

the standards of the American Association of Nurserymen and

shall have passed any inspection required under State

regulations. All material shall come from the plant list available

from the Planning Commission. If plant material not on the

plant list is to be used, it must have the prior approval of the

Planning Commission.

b. All deciduous trees must be a minimum of one-and-three-

quarter inches in caliper at planting, all evergreen trees shall

be a minimum of six feet planted height, and shrubs shall be a

minimum of 18-24 inches planted height. Ornamental trees

shall have a minimum height of six feet planted height.

TYPE

Minimum Size

Shade and Ornamental Trees

1-3/4" caliper

Evergreen and Ornamental

6' height

Shrub Material

18-24" height

c. Fence or Wall material shall consist of either board-on-board

wooden fence, masonry, or stone or any combination of the

above. The use of such wall or fence material used between

incompatible land uses must be to a height of six feet and may

be used in place of the evergreen trees and shrub material.

The minimum buffer widths are still to be maintained and the

deciduous tree requirements are encouraged be used in

conjunction with the wall or fence. All wood used is to be

treated with water-borne preservatives to the American Wood

Preservers Institute standards. All hardware is to be galvanized

or otherwise rustproof. Chain link fencing may not be used to

satisfy the requirements of this Section.

d. Earthen berms shall be constructed to a maximum slope ratio

of three to one (3:1) and covered with a ground cover or turf.

A difference in elevation between areas requiring screening

Article 4

-----------------------------------------------

Zoning Districts – Commercial and Office/Professional

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-33

does not constitute an earth berm. The minimum buffer widths

are still to be maintained and the deciduous tree requirements

are to be used in conjunction with the wall or fence.

7. Credit for existing vegetation. Existing vegetation which is proposed

to be used to fulfill the landscape requirements shall be shown on the

required landscape plan and may only be used with written approval of

the Planning Commission after a site visit. All vegetation to be used

must be on the property requiring the landscape plan. If in the future,

the existing vegetation is removed, the property owner will be required

to replace the vegetation with the quantity as outlined elsewhere in this

section.

8. Requirements of a Landscape Plan.

a. Site plan, drawn to an scale not to exceed one inch to fifty feet,

showing all existing structures, proposed structures, proposed

VUA and travel lanes, property lines, easements, existing

topography, proposed grading at a minimum of two-foot

contours and the proposed location of all plant material keyed

to the plan.

b. Plant schedule including common name, botanic name,

cultivar, size and quantity, condition (balled and burlaped,

container size or bare root), and planting details using the

standards of the American Society of Landscape Architects.

c. All landscape plans must be prepared by an Engineer,

Architect, or Landscape Architect licensed to practice in the

State of Kentucky, or Certified Nurserymen and in accordance

with all state laws.

9. Landscape plans required for Building and Zoning Permit.

When a landscape plan is required, no Building or Zoning Permit shall

be issued until the required landscape plan has been submitted and

approved, all required landscape improvements must be installed prior

to receipt of a Certificate of Occupancy. A surety must be posted for

any landscape improvements that will installed after the issuance of a

Certificate of Occupancy. A surety must be submitted to the Planning

Commission in the amount of the cost to install the landscaping

according to the approved landscape plan plus an additional ten (10)

percent inflationary factor.

10. Maintenance. All landscaping required by this Section and any

landscape material planted as part of any approved Development Plan,

must be maintained in a healthy and growing condition for a period of

thirty-six (36) months, and all plant material that dies must be replaced

in the next appropriate planting season to the specifications of the

originally approved landscape plan.

Article 4

-----------------------------------------------

Zoning Districts – Commercial and Office/Professional

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-34

E. Off-Street Parking and Loading. Off-street vehicle storage or parking space

shall be provided for all uses allowed in the districts in this Section. Such

space shall be provided with vehicular access to a street or alley and shall be

designated on any required Site Development Plan or Zoning Permit.

1. Required Spaces. The following are minimum requirements for

specific uses. All measurements utilizing square feet shall be square

feet of gross floor area unless otherwise expressly stated. Combined

uses shall be required to provide parking equal to the total

requirements for the individual uses. Where necessary, calculations

shall be based on Kentucky Building Code Occupancy load

requirements. Uses in the CB district are exempt from the on-site

parking requirements of this Section.

Use

Minimum Spaces Required

Auto Showroom or Dealer, New or Used

1 per 400 square feet of showroom and office

space, plus two spaces per service bay

Bed and Breakfast, Short Term Rental

1 per bedroom

Conference Center or Student Center

1 per 150 square feet of meeting room space

Day Care

1 space per 400 square feet

Group Living

2 spaces per 3 occupant beds, plus 1 space

per employee

Hospital

1 space per 4 authorized beds, plus 1 space

per 1,000 square feet

Outpatient Surgery Center, Urgent Clinics

1 space per 250 square feet

Medical Office, Health Clinic, Pharmacy

1 space per 250 square feet

Hotel or Motel, Extended Stay

1 per bedroom plus 1 per 400 square feet of

banquet, office, or meeting space

Library, Museum, Art Gallery

1 per 500 square feet

Nursing Home, Assisted Living

1 space per 3 occupant beds, plus 1 space

per employee, max shift

Office

1 space per 300 square feet

Place of Public Assembly, Place of Worship

1 space per 4 seats maximum capacity

Sit-Down Restaurant

1 space per 100 square feet, plus 1 space per

employee, max shift

Drive-Thru Restaurant

1 space per 200 square feet plus 1 space per

employee, max shift

Retail or Commercial Use

1 space for each 400 square feet

Mixed Use Commercial

1 space for each 400 square feet

School, Elementary or Middle

2 spaces per classroom

School, Secondary or Post-Secondary

4 spaces per classroom or 1 space for 4 seats

in auditorium, gym, arena or stadium,

whichever is greater

Article 4

-----------------------------------------------

Zoning Districts – Commercial and Office/Professional

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-35

2. Rules for Computing Requirements. The following rules apply when

computing off-street parking and loading requirements.

a. Multiple Uses. Lots containing more than one use must

provide parking and loading in an amount equal to the total of

the requirements for all uses. For commercial development

where multiple uses may be located (such as a strip center with

multiple tenants), unless uses are restricted by plat or other

recorded instrument, parking requirements will be based on the

most intense use.

b. Fractions. When measurements of the number of required

spaces result in a fractional number, any fraction of ½ or less

will be rounded down to the next lower whole number and any

fraction of more than ½ will be rounded up to the next higher

whole number.

c. Occupancy-Based Standards. For the purpose of computing

parking requirements based on employees, students,

residents or occupants, calculations shall be based on the

largest number of persons working on any single shift, the

maximum enrollment or the maximum fire-rated capacity,

whichever is applicable and whichever results in the greater

number of spaces.

d. Change in Use. Where the principal use is changed to a use

for which additional parking is required under the provisions of

this ordinance, it shall be unlawful to begin or maintain such

altered use until the required off-street parking is provided and

the site is brought into compliance with all other applicable

provisions of this ordinance including, paving and landscaping.

e. Unlisted Uses. For a use not specifically listed in the table

above, the Director shall apply the off-street parking standard

specified for the listed use that is deemed most similar to the

proposed use or require an alternative parking study in

accordance with this section.

3. Alternative Parking Study. Some uses have widely varying parking

demand characteristics, making it impossible to specify a single off-

street parking standard. A developer proposing to develop or expand

such a use may submit an alternative parking study that provides

justification for the number of off-street parking spaces proposed.

a. A parking study must include estimates of parking demand

based on recommendations of the Institute of Traffic Engineers

(ITE), or other acceptable estimates as approved by the

Planning Commission and should include other reliable data

collected from uses or combinations of uses that are the same

as or comparable with the proposed use. Comparability will be

determined by density, scale, bulk, area, type of activity, and

location. The study must document the source of data used to

develop the recommendations.

Article 4

-----------------------------------------------

Zoning Districts – Commercial and Office/Professional

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-36

b. The Planning Commission shall review the parking study and

any other traffic engineering and planning data relevant to the

establishment of an appropriate off-street parking standard for

the proposed use. After reviewing the parking study, the

Planning Commission shall establish a minimum off-street

parking standard for the proposed use.

4. Parking Space Design

a. Space Size. The following minimum standards shall apply to

the width and length of parking spaces.

Type

Width

Length

Standard Parking Space

9 feet

18 feet

Parallel Parking Space

8 feet

22 feet

b. Angle Parking Size. The standards for the minimum width of

parking spaces plus the aisle are shown in the following table.

These standards apply to a single row of head-in parking or

two rows of head-in parking sharing an aisle.

Angle Width:

Parking Space

Angle Type

Aisle

Width

One-Way

Aisle

Width

Two-Way

Parking/Aisle

One-Way

One Row

Parking/Aisle

One-Way Two

Row

Parking/Aisle

Two-Way One

Row

Parking/Aisle

Two-Way

Two Row

90 Degree Parking

24 feet

42 feet

60 feet

42 feet

60.0 feet

60 Degree Parking

14.5 feet

24 feet

34.6 feet

54.7 feet

44.1 feet

64.2 feet

45 Degree Parking

12 feet

24 feet

31.1 feet

50.2 feet

43.1 feet

62.2 feet

30 Degree Parking

12 feet

24 feet

28.8 feet

45.6 feet

40.8 feet

57.6 feet

0 Degree Parking

12 feet

24 feet

20 feet

28 feet

32 feet

40 feet

c. Driveways. When driveways are less than 20 feet in width,

marked separate entrances and exits shall be provided so that

traffic shall flow in one direction only. Entrances and exits to

an alley may be provided if prior approval is obtained in writing

from the Planning Commission. Driveways designated as fire

lanes shall meet the standards of the Fire Code.

d. Maneuvering Space. Maneuvering space shall be located

completely off the right-of-way of a public street, place or court,

and have a minimum width of 22 feet. Parking areas that would

require the use of public right-of-way for maneuvering shall not

be acceptable as required off-street parking spaces other than

for one- and two-family dwellings. Parking parallel to the curb

Article 4

-----------------------------------------------

Zoning Districts – Commercial and Office/Professional

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-37

on a public street shall not be substituted for off-street parking

requirements.

e. Parking Surface. Drives and parking areas must be paved

with concrete, asphalt, brick pavers, pervious material or

similar permeable paving material.

5. Off-Site (Remote) Parking. If sufficient parking is not available on the

premises, a private parking lot may be provided within 500 feet, either

on property zoned for that purpose subject to the following conditions:

a. The parking shall be subject to the front yard setback

requirements of the district in which it is located.

b. The parking area must be paved with concrete, asphalt, or

brick pavers.

c. The parking area must be landscaped in accordance with the

provisions of this Section.

d. Area lights must be directed away from adjacent properties.

e. Agreement for Remote Parking. A remote parking plan will be

enforced through written agreement among all owners of

record. An attested copy of the agreement between the owners

of record must be submitted to the Planning Commission for

recording and recording of the agreement must take place

before issuance of a Building or Zoning Permit for any use to

be served by the off-site parking area. A remote parking

agreement may be revoked only if all required off-street

parking spaces will be provided in accordance with this

Section.

6. Shared Parking. Developments or uses with different operating hours

or peak business periods may share off-street parking spaces if

approved as part of a Parking Plan and if the shared parking complies

with the all of following standards.

a. Location. Shared parking spaces must be located within 500

feet of the primary entrance of all uses served, unless remote

parking shuttle bus service is provided.

b. Zoning District Classification. Shared parking areas require

the same or a more intensive zoning classification than

required for the use served.

c. Shared Parking Study. Those wishing to use shared parking

as a means of satisfying off-street parking requirements must

submit a shared parking analysis to the Planning Commission

that clearly demonstrates the feasibility of shared parking. The

study must address, at a minimum, the size and type of the

proposed development, the composition of tenants, the

anticipated rate of parking turnover and the anticipated peak

Article 4

-----------------------------------------------

Zoning Districts – Commercial and Office/Professional

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-38

parking and traffic loads for all uses that will be sharing off-

street parking spaces.

d. Agreement for Shared Parking. A shared parking plan will be

enforced through written agreement among all owners of

record. An attested copy of the agreement between the owners

of record must be submitted to the Planning Commission for

recording and recording of the agreement must take place

before issuance of a building permit for any use to be served

by the off-site parking area. A shared parking agreement may

be revoked only if all required off-street parking spaces will be

provided in accordance with this Section.

7. Stacking Spaces for Drive-Thru Facilities. In addition to meeting the

off-street parking requirements of this section, drive-thru facilities shall

comply with the following minimum stacking space per lane standards:

Use Type

Minimum Spaces

Measured From

Automated Teller Machine

Teller

Bank Teller Lane

Teller or Window

Car Wash Stall, Automatic

Entrance

Car Wash Stall, Self-Service

Entrance

Gasoline Pump Island

Each end of Island

Restaurant Drive-Thru

Menu Board

Other Drive-Thru

Pick up window

Other

As approved by the Planning Commission

Stacking spaces shall be subject to the following design and layout

standards.

a. Stacking spaces shall be a minimum of 8 by 20 feet in size.

b. Stacking spaces shall be designed so as not to impede

pedestrian circulation or on- and off-site traffic movements or

movements into or out of parking spaces.

c. Stacking spaces shall be separated from other internal

driveways with raised medians, if deemed necessary by the

Planning Commission for traffic movement or safety.

8. Off-Street Loading Space. Every building or structure hereafter

constructed for business or trade use shall provide adequate space for

the loading or unloading of delivery vehicles on site. Such space shall

have access to a public alley, or if there is no alley, to a public street.

Article 4

-----------------------------------------------

Zoning Districts – Commercial and Office/Professional

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-39

The Central Business and Office Professional districts shall be exempt

from the off-street loading space requirements.

District

Minimum Off-Street Loading Space

NB, GB, HB

1 space per 10,000 sf of building

P, ICD

1 space per building

F. Signs

1. The purpose of this Section is to create the legal framework for a

comprehensive, but balanced, system of signs of all types and thereby

to facilitate an easy and pleasant communication between the people

and their environment. It is the intention of this Ordinance to regulate

the number, location, size, height, and illumination of on-premises

signs.

2. The effect of this Section is:

a. To allow signs in all commercial zoning districts on a limited

basis, subject to the standards and the procedures of this

Section;

b. To prohibit signs not expressly permitted by this Section; and

c. To provide for the administration of the provisions of this

Section.

3. Application and Permits for On-Premise Signs

a. All permanent and temporary on-premise signs shall require a

Sign Permit. Permits shall be obtained from the Planning

Commission.

b. The following On-Premise Signs shall not require a permit:

(1) On-Premise Signs which are in the public or

community interest and contain no commercial

reference. These signs may advertise events of public

or community interest that occur off the premises of the

commercial establishment. These signs may be placed

only with the consent of the property owner. These

signs shall also comply with Section 4, On-Premise

Sign General Provisions, with regard to visibility and

may not be placed on public right-of way.

(2) On-Premise Signs, such as safety signs, pedestrian

and motor vehicle control signs; signs of historical

significance; clocks; flags (including government,

political subdivision, or other official designated flags of

an institution). These signs may be placed only with the

Article 4

-----------------------------------------------

Zoning Districts – Commercial and Office/Professional

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-40

consent of the property owner. These signs shall,

however, otherwise comply with Section 4, On-

Premise Sign General Provisions, with regard to

visibility and right-of ways.

(3) Personal Expression Signs and Seasonal Event Signs.

(4) Campaign Signs.

(5) Property Sale Signs.

4. On-Premise Sign General Provisions

a. All On-Premise Signs shall conform to the sign standards

provided in the Sign Standards Summary Table unless

otherwise excepted in this Section. The sum of all sign faces

on a freestanding sign shall not exceed twice the maximum

permitted sign area as set forth in this Section or the Sign

Standards Summary Table (below).

b. Freestanding Signs. The area of a sign shall include all

lettering, wording, designs and symbols, together with a

background, on which they are displayed. The supporting

structure or bracing of a sign shall be omitted in measuring the

area of the sign unless such structure or bracing is made part

of the message or face of the sign.

c. Wall Signs. Where a sign consists of individual letters, words

or symbols attached to a surface, building, canopy, awning or

wall and such elements are located in the same plane, the sign

area shall be the area of the smallest rectangle which

completely encompasses all such letters, words or symbols

and any accompanying background of a color different than the

natural color of the wall.

d. Changeable letter boards may make up no more than 20

percent of the area of a freestanding sign. Letters/numbers

shall be no more than 12 inches in height.

e. No sign shall be erected to obstruct free and clear vision of an

intersection and/or traffic signals. No sign may be placed in or

extended over a public right-of-way or utility easement without

the express written consent of the controlling jurisdiction or

utility.

f. All freestanding signs shall be set back a minimum of 10 feet

from the edge of pavement. If the principal structure is located

less than 10 feet from the edge of pavement, the sign shall be

affixed to the flat surface of the building.

g. Nonconforming businesses shall be allowed to have or to

replace existing on-premise signs, except when such signs

violate the provisions of this Section.

Article 4

-----------------------------------------------

Zoning Districts – Commercial and Office/Professional

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-41

h. No On-Premise Sign shall be erected within 25 feet of an

abutting Single Family Residential district.

i. No on-premise signs shall be permitted which exceed the

intensity of illumination of 0.5 foot candles above ambient light

(0.5 lumens per square foot, 5.382 lux or candelas per square

meter or comparable measuring unit) measured at five feet

above grade at 20 feet from the sign. No sign shall have a

flashing light or a light resembling any law enforcement or

emergency vehicle light or revolving lights that resemble any

traffic light.

j. No on-premise sign shall contain commercial advertising which

is unrelated to the existing use of the property.

k. Wall or building signs may be placed on the vertical facade or

the roof of the building but shall not extend above the roof line

and shall be permitted in addition to any other permitted sign

except in the office and professional districts.

l. Temporary signs such as: Banners, pennants, posters, flags

(excluding government, political subdivision, or other official

designated flags of an institution), fixed balloons, or similar

devices shall be permitted if the devices are solely affixed to a

window or the principal facade of the building and does not

extend above the roof line. These signs shall be permitted in

all commercial zoning districts for a 30 day period not to exceed

3 times per calendar year.

m. The height of a sign shall be computed as the distance from

the base of the sign at a computed grade to the top of the

highest attached component of the sign (including the sign

face, sign structure, or any other appurtenance). The

computed grade shall be the elevation of the nearest point of

the closest public street right-of-way.

n. All signs shall be constructed of durable materials such as:

high quality plastic, finished metal, stone, brick, decorative

block, finished wood or EFIS. Pylon pole covers are

encouraged for freestanding pole signs.

o. All freestanding signs shall be shown on any required

landscape plan and site development plan. The area

immediately surrounding any ground signs shall be kept

cleared of unsightly debris. Landscaping is encouraged in this

area, provided that the selected landscape materials will not

grow to obscure the sign face or building address.

p. Electronic Message Display (EMD) Signs shall have a

minimum display time of six (6) seconds per message.

Article 4

-----------------------------------------------

Zoning Districts – Commercial and Office/Professional

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-42

SIGN STANDARDS TABLE 4.6.8.F.4.a

5. Prohibited On-Premise Signs

a. On-premise signs erected, maintained, or continued which

cause any interference to sight distance;

b. Portable signs (signs with no permanent attachment to a

building or the ground, including but not limited to, A-frame

signs, pole attachments, searchlights, and stands) on wheels

or freestanding, shall not be allowed permanently on any site;

c. Banners, posters, pennants, flags (excluding, government,

political subdivision, or other official designated flags of an

institution), large fixed balloons, or similar devices affixed to

any independent support, fence, awning, pump canopy,

curbstone, lamp post, utility pole, hydrant, bridge, culvert,

public drinking fountain, public trash container, building, tree,

or in or on any portion of any public sidewalk, street, or sign

shall be prohibited as permanent on-premise signs.

d. Signs with externally moving parts or messages are prohibited.

Official signs for safety purposes shall be exempt from this

restriction.

NB, CB

GB, HB

OP, P

ICD

LI, HI

IBD

Freestanding Signs

Allowed?

Yes

Maximum No.

Maximum Total Sign

Face Area

(Freestanding)

96 sf

128 sf

64 sf

Per Site

Dev Plan

96 sf

Per Site

Dev Plan

Maximum Height

15 ft

24ft

10 ft

15 ft

Structure Type

Pole

Pylon

Monument

Pole

Pylon

Monument

Only

Monument

Only

Pole

Pylon

Monument

Only

Wall Signs Allowed?

Yes

Maximum Total Sign

Face Area

(Wall Signs)

96 sf or

5% of

Facade,

whichever

is greater

96 sf or

10% of

Facade,

whichever

is greater

96 sf or

5% of

Facade,

whichever

is greater

96 sf or

5% of

Facade,

whichever

is greater

96 sf or

10% of

Facade,

whichever

is greater

96 sf or

10% of

Facade,

whichever

is greater

Article 4

-----------------------------------------------

Zoning Districts – Commercial and Office/Professional

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-43

e. Roof signs, defined as a sign erected, constructed and

maintained wholly upon or over the roof of any building are

prohibited. Mansard roof signs that do not extend above the

parapet wall of the roof shall be considered wall signs.

f. Signs (other than those erected by a governmental agency or

required to be erected by a governmental agency or its

contractual agent) erected on the right-of-way of any public

street, road, or way, or signs overhanging or infringing upon

the right-of-way of any public street, road, or way, are

prohibited except as specifically provided in this Section.

g. Signs erected on public property other than signs erected by

public authority for public purposes are prohibited.

h. Signs so located as to prevent free ingress or egress from any

door, window, or fire escape are prohibited. No sign shall be

attached to a standpipe or fire escape.

i. Signs that emit any sound, visible or invisible gases, or odor as

part of any message.

j. Signs incorporated into trucks, motor vehicles, trailers and

similar equipment bearing advertising visible from off-site and

parked at the business location for the intended purpose of

advertising a business, service or product, are considered

vehicle signs and are prohibited. Delivery and service vehicles

or trailers used on a daily basis in conjunction with an on-site

business are exempt.

k. Any sign that is not expressly permitted in section 4.6.8.F is

prohibited.

l. Any off-premise advertising signs are prohibited.

m. Electronic Message Display (EMD) Signs that have a display

time of less than six (6) seconds per message are prohibited.

Official signs for safety purposes shall be exempt from this

restriction.

6. Temporary On-Premise Signs

Temporary Signs that are used for any special occasion or business

grand opening such as: banners, posters, pennants, flags (excluding

government, political subdivision, or other official designated flags of

an institution or business), wind signs, gas, cold air or hot air balloons,

streamers, rotating devices, fixed balloons, or similar devices which

are not solely affixed to a window or the principal facade, and portable

signs on wheels or freestanding shall be permitted in all commercial

zoning districts for a 30 day period not to exceed 3 times per calendar

year. All temporary on-premise signs shall require a Sign Permit.

Article 4

-----------------------------------------------

Zoning Districts – Commercial and Office/Professional

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-44

7. Other Permanent On-Premise Signs

a. Historic District. Signs in any Local Historic District shall

require a Certificate of Appropriateness. All on-premise signs

shall conform to the sign standards provided in the Sign

Standards Summary Table and the Historic Overlay adopted

Design Guidelines. The more restrictive standard of the

Historic District Overlay or the underlying district shall apply.

Electronic Message Display (EMD) Signs are prohibited in the

Local Historic Districts.

b. Entrance Signs. The content of an entrance sign shall be

limited to the name of the commercial subdivision only. No sign

shall be internally illuminated. All entrance signs shall be

constructed of durable materials. Landscaping is encouraged

around entrance signs, provided the selected landscape

materials will not grow to obscure sign face. Structural Type

and Size. Any entrance sign must be monument type and the

maximum sign face shall be 60 square feet total. Maximum

height shall be 5 feet. Entrance signs may be allowed in public

right-of-way only with written permission of the applicable

jurisdiction.

8. Dangerous, Defective, Destroyed, Damaged, Removed or

Abandoned On-Premise Signs. Signs which are deemed dangerous

or defective by the Building Inspector or other authorized Code

Enforcement Officer shall be removed at the sole cost and expense of

the property owner.

9. Existing On-Premise Non-Conforming Signs

a. Destroyed, Damaged, Removed, or Abandoned Signs.

Whenever a non-conforming sign collapses, burns, or is

removed from its location, it shall not be replaced or

reconstructed, except in full compliance with the provisions of

this Section. Signs which have been abandoned or which

advertise an establishment, service, or product which has not

existed or been available at that location for a period of one

year shall be removed by the property owner at their sole cost

and expense.

b. Freestanding signs which are not prohibited on-premise signs

and in legal existence on the effective date of this Section and

not in conformity with the provisions may remain in place and

shall be referred to as nonconforming signs. Only routine

maintenance may be performed on the sign and its structure

until such time as the sign is brought into conformance with

these regulations. Routine maintenance is limited to

replacement of nuts and bolts, cleaning and painting, or

manipulating to level or plumb the device but not to the extent

of adding struts or guys for the stabilization of the sign or

structure or substantially changing the sign. The routine

Article 4

-----------------------------------------------

Zoning Districts – Commercial and Office/Professional

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-45

changing of messages is considered to be routine

maintenance but the replacement of new casing/ framing or

additional panels or replacing of facing shall not be considered

routine maintenance.

c. If the sign is destroyed beyond 55 percent of its replacement

value, such sign can only be replaced or reconstructed in

accordance with the requirements of this Ordinance and the

Subdivision Regulations, as well as any recorded subdivision

plat or development plan. Any sign which cannot be replaced

or reconstructed in compliance with this Section shall be

removed by the property owner at owner's sole cost and

expense.

10. Off-Premise Signs.

Off-Premise Signs, including outdoor or billboard advertising signs are

prohibited throughout Boyle County except as Consolidated Shopping

Center Signs allowed in Sec. 4.6.8.F.11.

11. Consolidated Shopping Center Signs

The following special regulations shall apply to on and off-premise

signs for large scale Shopping Centers zoned HB.

a. Permitted Areas. Any Retail Shopping Center (combined

retail space of a minimum of 100,000 sf and a minimum of 6

tenants) zoned HB shall be allowed one freestanding

identification sign at each entrance into the development from

a collector or arterial street provided that:

(1) no identification sign shall be spaced closer than 500

feet from another identification sign for the same

Shopping Center Development.

(2) location of the sign must be within 500 feet of the

Shopping Centers Development, and

(3) no identification sign shall be placed so as to obstruct

the sight distance.

b. Maximum Area. The total area of the sign face for each side

of the identification sign shall not exceed 200 square feet.

c. Maximum Height of Sign. The maximum height of the

identification sign shall not exceed 30 feet.

d. Maintenance and Easement. No off-premise identification

sign shall be permitted before first having established an

easement by plat or ownership of the property where the sign

is to be located by fee simple absolute for the purpose of

location of the sign. Further, said easement must include

provisions for the maintenance, landscaping, and removal of

the sign.

Article 4

-----------------------------------------------

Zoning Districts – Commercial and Office/Professional

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-46

e. Content of Identification Sign. Any Consolidated Shopping

Center identification sign may carry the name, or a combination

of names, of the major enterprise(s) or firm(s) located within

the Shopping Center Development. No sign less than twelve

(12) square feet in sign face area or sign that contains lettering

less than eight inches in height shall be allowed on the

identification sign.

f. Illumination. Signs may be illuminated provided such

illumination shall be effectively shielded so as to prevent

beams or rays of light from being directed at any travel way, or

which are of such intensity or brilliance as to cause glare or to

impair the vision of the driver of any motor vehicle, or which

otherwise interfere with any driver’s operation of a motor

vehicle. No sign shall be so illuminated that it interferes with

the effectiveness of or obscures an official traffic sign, device,

or signal. Electronic Message Display (EMD) Signs are

prohibited on Consolidated Shopping Center Signs when

located off-premise.

g. Sign Plan Required.

(1) No Sign Permit for a Consolidated Shopping Center

sign may be issued without there having been

approved an agreement between the affected property

owners providing for the ongoing maintenance,

construction standards and plan for locating the on-

premise and off-premise signs. Any such agreement

shall be in the form to be recorded in the office of the

Boyle County Clerk and shall contain provisions

requiring it to run with the land for all purposes. Any

such agreement shall contain a provision that it cannot

be amended or repealed without the prior approval of

the Planning Commission.

G. Outdoor Storage. Outdoor storage and display shall be allowed in any

commercial district in accordance with this Section. Any merchandise, material

or equipment situated outdoors shall be subject to the requirements of this

Section. Such storage shall not include junk, trash, garbage or other general

debris. For the purpose of this section, outdoor storage and display shall be

broken down into four (4) types, as follows:

1. Type 1: Outdoor Display. Type 1 Outdoor Display shall be allowed

adjacent to a principal building wall and extending to a distance no

greater than 5 feet from the wall. Such storage shall not be permitted

to block windows, entrances or exits, and shall not impair the ability of

pedestrians to use the building.

2. Type 2: Limited Outdoor Storage. Type 2 Limited Outdoor Storage

shall not exceed 5 percent of the total site area.

Article 4

-----------------------------------------------

Zoning Districts – Commercial and Office/Professional

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-47

3. Type 3: General Outdoor Storage. Type 3 General Outdoor Storage

shall not be allowed in commercial districts.

4. Type 4: Temporary/Seasonal Outdoor Storage. Type 4

Temporary/Seasonal Outdoor Storage may exceed the limits for

Outdoor Storage and shall be limited to a 30 day period no more than

3 times per year.

5. Exceptions.

a. Vehicles for sale (including boats) shall not be considered

merchandise, material or equipment subject to the restrictions

of this Section. However, all vehicle storage shall be located

on the property and not on public right-of-way.

b. Waste generated on-site and deposited in ordinary refuse

containers shall not be subject to the restrictions of this

Section.

c. Areas enclosed by solid, opaque walls on at least three sides

and covered by a solid, opaque roof shall not be considered

outdoor storage.

6. Location of Outdoor Storage and Display.

a. All outdoor storage and display shall be located outside the

public right-of-way and/or at least 15 feet from the back edge

of the adjacent curb or street pavement.

b. Outdoor storage and display areas shall be paved and meet all

landscaping requirements of the ordinance.

c. No outdoor storage or display shall be allowed in required side

yard setback.

d. Any temporary/seasonal outdoor storage shall not utilize any

parking space required for the principal use of the property.

7. Allowed Storage Table. The three types of storage shall be allowed

in the districts designated in the Table below:

TYPE

OP, P

ICD

Type 1: Outdoor Display

✓

Type 2: Limited Outdoor Storage

✓

Type 3: General Outdoor Storage

Type 4: Temporary/Seasonal

✓

Article 4

-----------------------------------------------

Zoning Districts – Commercial and Office/Professional

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-48

H. Outdoor Lighting and Speakers.

1. All lighting fixtures designed or placed so as to illuminate any portion

of a site shall meet the following requirements.

a. Fixtures. All light sources shall be concealed within an

opaque housing and shall not be visible from any public right-

of-way or residential district boundary.

b. Mounting. Fixtures must be mounted in such a manner that

the cone of light does not cross any property line of the site.

c. Illumination Levels. All site lighting shall be designed so that

the level of illumination, measured in footcandles (fc) at any

one point meets the standards for the specific use below.

Minimum and maximum levels are measured at a single point.

Average level is the not-to-exceed value calculated using only

the area intended to receive illumination.

d. Canopy Lighting. Any lighted canopy (fuel sales, automated

teller machines, etc.) shall be illuminated with an average 12

fc, a minimum of 2 fc, and a maximum of 20 fc.

e. Commercial Parking Lots. All commercial parking lots shall

be lighted with an average 1.5 fc, a minimum of 0.2 fc, and a

maximum of 10 fc.

I. Height Limit Exceptions. The height limitations of this Ordinance shall not

apply to church spires, belfries, cupolas and domes not intended for human

occupancy; monuments, water towers, observation towers, flag poles, radio

and television towers, masts, aerials, chimneys and smoke stacks.

J. Accessory Building Standards. Accessory buildings, except as otherwise

permitted by this Ordinance, shall require a Building Permit and shall be

subject to the following regulations in all commercial zoning districts.

1. When a corner lot adjoins another lot in the rear which is used for

residential purposes, no accessory building or structure shall extend

beyond the front of the principal structure or be nearer to the side street

than the depth of any required front yard for a dwelling along such side

street, again excluding fences 4 feet or less in height.

2. Where the accessory building is structurally attached to the principal

building, it shall be subject to, and shall conform to, all regulations of

this Ordinance applicable to the principal building.

3. An accessory building may not exceed the height of the principal

structure.

4. No detached accessory building shall be located closer than 10 feet to

any principal building and may require greater separation when

requested by the Fire Marshal.

5. An accessory building may be connected to the principal building by a

breezeway or other similar structure but shall not project nearer the

side lot line than the minimum side yard required for the main building.

Article 4

-----------------------------------------------

Zoning Districts – Commercial and Office/Professional

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-49

6. Accessory buildings/structures shall be permanently affixed to the

ground and shall not include mobile home, bus, travel trailer, RV,

trailer, cooler, vehicle or freight container. Ground level storage units

are excluded from the requirement to be permanently affixed to the

ground and shall be allowed in commercial districts with appropriate

screening as outlined in Sec. 4.6.8.D.

7. Accessory Apartments are allowed in the Neighborhood Business,

Central Business and Public districts. An Accessory Apartment may

be attached or detached from the principal structure. The floor area of

the an accessory apartment may not exceed 25 percent of the floor

area of the principal structure; however, in the Neighborhood Business

and Central Business district, the floor area may exceed 25 percent of

the principal structure floor area if the apartment(s) is a second or

higher story of the principal structure in the Central Business district.

Accessory apartments are allowed on lots of record that do not meet

the minimum lot area or width standards for the zoning district, but all

yard dimensions and other development standards must conform to

the district regulations.

K. Fences. For the purpose of determining side and rear yard setback, the

accessory structure setback shall not apply to fences.

L. Solar Panels. Roof-mounted and ground-mounted solar panel systems shall

comply with the following:

1. Solar panel systems shall be permitted on the roof of a building

provided that the panels are not located on a front or side roof slope

facing any public street or a rear roof slope facing a street.

2. Solar panel systems shall have a top edge that is parallel to the roof

ridge and shall conform to the slope of the roof. Solar panel systems

shall be positioned on the roof so as not to extend above or beyond

the edge of any ridge, hip, valley, or eave.

3. A ground-mounted solar panel system is not permitted as the primary

use of a property.

4. Ground-mounted solar panel systems shall comply with the maximum

square footage and minimum setback requirements for residential

accessory buildings and structures.

5. Ground-mounted solar panel systems shall not be located between a

property line abutting a street and the building.

6. Supporting equipment for solar panel systems, including power

conditioning equipment such as batteries for electricity storage and

stand-by generators shall be screened by an opaque screening device,

except that wall-mounted inverters may be located next to the electric

meter. Long lengths of conduit and wiring associated with the system's

connection to the primary electrical panel shall be placed underground.

Article 4

-----------------------------------------------

Zoning Districts – Commercial and Office/Professional

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-50

M. No accessory structure that is not designated to breakaway on impact shall be

permitted in or extended over a public right-of-way or utility easement without

the express written consent of the controlling jurisdiction or utility company.

Such structures include, but are not limited to, rock or brick mailbox structures.

N. Horizontal Property (Condominium)

1. The intent and application of this Ordinance is to implement and

reaffirm the Horizontal Property Law of Kentucky (KRS 381).

2. A master deed or lease or floor plans meeting the standards set forth

in KRS 381 shall not be filed in the Office of the Boyle County Clerk

without having first been reviewed and approved by the Planning

Commission.

3. The maximum permitted overall densities and floor area ratios and the

minimum outdoor area, living space, and recreation area ratios shall

be controlled by the zoning district classification in which the project is

located.

4. The establishment, expansion or diminution of a horizontal property

regime shall be subject to review and approval by the Planning

Commission in the same manner as approval of a Site Development

Plan.

Article 4

-----------------------------------------------

Zoning Districts – Industrial

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-51

SEC. 4.7 INDUSTRIAL AND MIXED-USE DISTRICTS

4.7.1 Light Industrial District (LI)

The Light Industrial District is intended to provide areas segregated for industrial use

where processes and equipment employed and goods processed are limited to those

which are not objectionable by reason of odor, dust, smoke, cinders, gas fumes, noise,

vibration, refuse matter or water-carried waste.

4.7.2 Heavy Industrial District (HI)

The Heavy Industrial District is intended to provide opportunities for the development

of industry which may have significant external impacts due to noise, glare, heat, odor,

dust, vibration or hazardous materials.

4.7.3 Industrial Business Development District (ICD)

The Industrial Business Development District is intended to provide

attractive and

viable environment for businesses and residents in Boyle County. This district to

promote larger-scale industrial, business and mixed-use developments.

The

Industrial Business Development Distr

ict encourages high-quality site design that is

better planned, contains more amenities and is more desirable to live and work in

and, provides substantial benefits to the community and environment.

4.7.4 General Industrial Development Standards

A. Uses. Uses permitted in this District are shown in the Use Table in Section 5.1,

Use Table. This table employs broad use categories containing a variety of

similar uses. The use categories are described in Section 5.2, Use Categories.

Additional standards for specific uses, if any, can be found in each category.

B. Property Development Standards.

1. Development in each District shall comply with the industrial

development standards in the following table:

IBD

Lot Area (minimum)

Public Sewer

Septic System

5,000 sf

N/A

5,000 sf

N/A

217,800 sf

N/A

Lot Width (min at bldg line)

50 ft

100 ft

Lot Frontage (minimum)

50 ft

5 ft0

Lot Coverage (maximum)

90%

80%

Setback (minimum)

Front Yard

Side Yard

Rear Yard

25 ft

0 ft

25 ft

0 ft

25 ft

0 ft

Height, (maximum)

100 ft

None

100 ft

Residential Uses Allowed?

Yes

Article 4

-----------------------------------------------

Zoning Districts – Industrial

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-52

2. Minimum Lot Area Above 100-Year Flood Level Required. No lot

served by public sanitary sewer shall be created or developed which

does not have at least 5,000 square feet of lot area above the 100-year

frequency flood level.

3. Measurement of Lot Coverage. Lot coverage shall include all areas

of the lot covered by buildings, structures (including accessory

structures), patios, walkways, travelways, and parking areas, including

gravel parking areas. Lot coverage does not include pervious material

or similar permeable paving material. The percent of lot coverage shall

be determined by dividing the total covered area by the gross area of

the lot.

C. Additional Setback Adjacent to Residential District/ Use. Development in

any industrial district adjacent to the boundary of a residential zoning district or

a residential use shall require the following setback:

1. The LI District shall require a 25-foot side and a 50-foot rear yard where

abutting a residential district/use.

2. The HI District shall require a 50-foot side and rear yard where abutting

a residential district/use.

3. The IBD District shall require a 50-foot side and rear yard where

abutting a residential district/use.

D. Landscaping. All industrial development shall comply with the minimum

landscaping standards as set forth in the Commercial Development Standards

in Section 4.6.8.D.

E. Off-Street Parking and Loading. Off-street vehicle storage or parking space

shall be provided on any lot on which any of the following uses are hereafter

established; such space shall be provided with vehicular access to a street or

alley.

1. Required Spaces. The following are minimum requirements for

specific industrial uses. See specific use chart in 4.6.8.E for other

parking requirements in the Industrial District. All measurements

utilizing square feet shall be square feet of gross floor area unless

otherwise expressly stated. Combined uses shall be required to

provide parking equal to the total requirements for the individual uses.

Where necessary, calculations shall be based on Kentucky Building

Code Occupancy load requirements.

Industrial Use

Spaces Required

Industrial Plant

1 space per employee, maximum shift

Wholesale, Storage or Warehousing

1 space per employee, maximum shift

Industrial Service

1 space per 300 square feet

All other Industrial Uses

See Sec 4.6.8.E

Article 4

-----------------------------------------------

Zoning Districts – Industrial

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-53

2. Computation and Design. All parking required under this Section

shall comply with Section 4.6.8.E. of the Commercial Development

Standards with regard to computing parking requirements, alternative

parking study, parking space design, off-site parking, and shared

parking.

3. Parking Surface. Drives and parking areas must be paved with

concrete, asphalt, brick pavers, pervious material or similar permeable

paving material.

4. Alternative Parking Surface. At the time of the filing of any application

for a Building Permit or Zoning (Paving Only) Permit, the Parking

Surface Standards for truck and heavy equipment parking areas, only,

in the Light Industry (LI) and Heavy Industry (HI) districts may be

waived by the the Public Works Director or his or her designee with the

following conditions:

a. Travelways and all other parking areas must be paved with

concrete, asphalt, brick pavers, pervious material or similar

permeable paving material.

b. Truck and Heavy Equipment parking areas utilizing an alternative

parking surface must provide curbing in order to minimize the

spreading of alternative paving materials into landscaping areas,

travelways and other parking areas.

c. Truck and Heavy Equipment parking areas utilizing an alternative

parking surface must not extend beyond the front of the principal

structure and shall not be visible from any public right-of-way or

adjoining residential use.

d. Truck and Heavy Equipment parking areas utilizing an alternative

parking surface may not be located within designated building

setback areas and must meet all landscape requirements of the

Zoning Ordinance.

e. Alternative parking surfaces shall not exceed the maximum

permitted lot coverage in the LI (Light Industry) and HI (Heavy

Industry) zoning districts.

f. Truck and Heavy Equipment parking areas utilizing an alternative

parking surface shall conform to the Stormwater Management

Program and must be designed and constructed so as to direct

stormwater runoff to the appropriate drainage facility.

g. The above alternative parking surface standards for truck and

heavy equipment parking in industrial districts are not variable.

5. Off-Street Loading Space. Every building or structure hereafter

constructed for business or trade use shall provide adequate space for

the loading or unloading of delivery vehicles on site. Such space shall

have access to a public alley, or if there is no alley, to a public street.

Article 4

-----------------------------------------------

Zoning Districts – Industrial

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-54

District

Minimum Off-Street Loading Space

LI, HI

1 space per each 20,000 sf of building.

6. Signs. All signs in the Industrial Districts shall comply with Section

4.6.8.F. of the Commercial Development Standards.

7. Outdoor Storage. Outdoor storage and display shall be allowed in any

industrial district in accordance with this Section. Any merchandise,

material or equipment situated outdoors shall be subject to the

requirements of this Section. Such storage shall not include junk,

trash, garbage or other debris. For the purpose of this section, outdoor

storage and display shall be broken down into four (4) types, as follows.

a. Type 1: Outdoor Display. Type 1 Outdoor Display shall be

allowed adjacent to a principal building wall and extending to a

distance no greater than 5 feet from the wall. Such storage shall

not be permitted to block windows, entrances or exits, and shall

not impair the ability of pedestrians to use the building.

b. Type 2: Limited Outdoor Storage. Type 2 Limited Outdoor

Storage shall not exceed 1,000 square feet or 10 percent of the

total site area (whichever is greater) in addition to any Type 1

Outdoor Display on the site.

c. Type 3: General Outdoor Storage. Type 3 General Outdoor

Storage shall be allowed in unlimited quantity, subject only to the

location restrictions below.

d. Type 4: Temporary/Seasonal Outdoor Storage. Type 4

Temporary/Seasonal Outdoor Storage may exceed the limits for

Outdoor Storage but shall require a permit from the Building

Inspector and shall be limited to a 30 day period no more than 3

times per year.

e. Exceptions.

1) Waste generated on-site and deposited in ordinary refuse

containers shall not be subject to the restrictions of this

Section.

2) Areas enclosed by solid, opaque walls on at least three sides

and covered by a solid, opaque roof shall not be considered

outdoor.

f. Location of Outdoor Storage and Display.

1) All outdoor storage and display shall be located outside the

public right-of-way and/or at least 15 feet from the back edge

of the adjacent curb or street pavement.

Article 4

-----------------------------------------------

Zoning Districts – Industrial

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-55

2) No outdoor storage or display shall be allowed in required

side yards.

3) Any temporary/seasonal outdoor storage shall not utilize any

parking space required for the principal use of the property.

g. Allowed Storage Table. The three types of storage shall be

allowed in the districts designated in the Table below:

TYPE

LI, HI

IBD

Type 1: Outdoor Display

✓

Type 2: Limited Outdoor Storage

✓

Type 3: General Outdoor Storage

✓

Type 4: Temporary/Seasonal Storage

✓

F. Outdoor Lighting and Speakers.

1. All lighting fixtures designed or placed so as to illuminate any portion

of a site shall meet the following requirements.

a. Fixtures. All light sources shall be concealed within an

opaque housing and shall not be visible from any public right-

of-way or residential district boundary.

b. Mounting. Fixtures must be mounted in such a manner that

the cone of light does not cross any property line of the site.

c. Illumination Levels. All site lighting shall be designed so that

the level of illumination, measured in footcandles (fc) at any

one point meets the standards for the specific use below.

Minimum and maximum levels are measured at a single point.

Average level is the not-to-exceed value calculated using only

the area intended to receive illumination.

G. Height Limit Exceptions. The height limitations of this Ordinance shall not

apply to church spires, belfries, cupolas and domes not intended for human

occupancy; monuments, water towers, observation towers, flag poles, radio

and television towers, masts, aerials, chimneys or smokestacks.

H. Accessory Building Standards. Accessory buildings, except as otherwise

permitted by this Ordinance, shall require a Building Permit and shall be

subject to the following regulations in all industrial zoning districts.

1. Where the accessory building is structurally attached to the principal

building, it shall be subject to, and shall conform to, all regulations of

this Ordinance applicable to the principal building.

Article 4

-----------------------------------------------

Zoning Districts – Industrial

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-56

2. No detached accessory building shall be located closer than 10 feet to

any principal building and may require greater separation when

requested by the Fire Marshal.

3. An accessory building may be connected to the principal building by a

breezeway or other similar structure but shall not be considered as an

attached accessory building, carport, or similar structure. Said

breezeway shall not project nearer the side lot line than the minimum

side yard required for the main building.

4. Accessory buildings/structures shall be permanently affixed to the

ground and shall not include mobile home, bus, travel trailer, RV,

trailer, cooler, vehicle or freight container. Ground level storage units

shall be exempt from the requirement to be permanently affixed and

shall be allowed in industrial districts with appropriate screening as

outlined in 4.6.8.D.

5. Fences. For the purpose of determining side and rear yard setback,

the accessory structure setback shall not apply to fences.

6. Solar Panels. Roof-mounted and ground-mounted solar panel systems

are permitted in all industrial districts.

7. No accessory structure that is not designated to breakaway on impact

shall be permitted in or extended over a public right-of-way or utility

easement without the express written consent of the controlling

jurisdiction or utility company. Such structures include, but are not

limited to, rock or brick mailbox structures.

Article 4

-----------------------------------------------

Zoning Districts – Special Purpose

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-57

SEC. 4.8 SPECIAL PURPOSE DISTRICTS

4.8.1 General Flood Plain District (F)

A. Land to Which Flood Plain Designation Applies. All lands determined to:

1. Be inundated by a storm event equal to a 100-year return period or

included in the area inundated by the 100-year flood.

2. Be subject to inundation by directed runoff from short return period

events.

3. The originally designated areas shall include those areas shown on

either the Flood Insurance Studies for areas in Boyle County prepared

by the Federal Emergency Management Administration (FEMA) or as

is from time to time amended and the Flood Hazard Boundary Maps

and Flood Insurance Rate Maps (FIRM) contained therein or U.S. Soil

Conservation Services, Soils Maps.

4. Nothing contained herein shall prohibit the application of these

regulations to lands which can be certified to the Commission by a

Kentucky registered professional engineer to lie within any area

subject to periodic flooding, impaction by storm drainage or containing

an opening into a subterranean water channel.

B. Permitted Structures. No principal or accessory structures shall be permitted

within any area designated as a part of a Flood Plain District. Structures

located on lots partially included within the Flood Plain District shall be

permitted provided they are located outside of the limits of the Flood Plain

District and the first floor and basement floor are at least 1.5 feet above the

regulatory flood-projection elevation and is utilized in conjunction with a

permitted use carried on within the adjacent district. The area designated as

Flood Plain District may be used to meet yard and setback requirements of

adjoining districts for lots owned under single ownership.

C. Permitted Uses. The following open space uses shall be permitted provided

they do not require structures or fill or cause obstruction of flood flows or restrict

the capacity of the channel or floodways of any main stream, tributary, or any

other drainage facility or structure or cause erosion and are used in conjunction

with a permitted use carried on within an adjacent district on lots owned under

single ownership.

1. Agriculture Uses: General farming, outdoor plant nurseries, sod

farming, animal brooding and breeding, wild crop farming, apiary,

crops, dairy, forestry, livestock, orchards, poultry, pasture, grazing,

horticulture, viticulture and truck farming, detention basins, and ponds

or lakes.

2. Residential Uses: Lawns, play areas, and gardens.

Article 4

-----------------------------------------------

Zoning Districts – Special Purpose

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-58

3. Public Uses: Arboretum or botanical garden, recreation uses, nursery

including agriculture and florists, detention basins, ponds or lakes, and

hiking and horseback riding trails, playgrounds both public and private,

airplane beacons and markers, zoological gardens, marinas, boat

rentals, docks, piers, wharfs and boat ramps.

D. Standards for All Uses in District

1. All Uses: No fill (including fill for roads), deposit, obstruction, storage

of materials or equipment, or other use may be allowed which, acting

alone, or in combination with existing or future uses, would cause any

decrease in the capacity of the floodway or would cause any increase

in flood heights, cause erosion or obstruction of water course, natural

drainage crevices, sinkholes, ditches and known subterranean water

channels. Consideration of the effects of a proposed use shall be

based on a reasonable assumption that there will be an equal degree

of encroachment extending for a significant reach on both sides of the

watercourse.

a. Fill: Any fill or material proposed to be deposited in the

floodway must be shown to have some beneficial purpose and

the amount thereof not greater than is necessary to achieve

that purpose, nor will it cause any increase in the flood heights.

These conditions must be demonstrated by a plan submitted

by the owner and prepared by registered engineer showing the

uses to which the filled land will be put and the final dimensions

of the proposed fill or other materials and how such fill will be

placed and compacted.

b. Storage of Material and Equipment: The storage or

processing of materials that, in time of flooding, are buoyant,

flammable, explosive, or could be injurious to human, animal,

or plant life is prohibited. Storage of other material or

equipment may be allowed if not subject to major damage by

floods and firmly anchored to prevent flotation or if readily

removable from the area within the time available after flood

warning.

c. Other General Standards: Electrical, heating, ventilation,

plumbing, air conditioning equipment, ductwork, and other

service facilities shall be located at least 1.5 feet above the

regulatory flood-projection elevation. New and replacement

water supply systems shall be designed to minimize or

eliminate infiltration of flood waters into the system. New and

replacement sanitary sewage systems shall be designed to

minimize or eliminate infiltration of flood waters into the system

and discharges from the systems into flood waters. On-site

waste disposal systems shall be located outside the base flood

elevation and constructed so as to avoid impairment to them

or contamination from them during flooding.

Article 4

-----------------------------------------------

Zoning Districts – Overlay Districts

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-59

SEC. 4.9 OVERLAY DISTRICTS

4.9.1 Historic Overlay District

A. Purpose and Intent.

1. To maintain and preserve the unique historic and architectural

characteristics of areas and buildings having special or

distinctive features or having special historic, architectural,

aesthetic or cultural interest and value to the community, state

and nation.

2. To establish standards to review the rehabilitation of existing

structures and new construction to ensure that it is compatible

with the character of the historic district and discourage growth

or alterations that will negatively impact the historic character

of the districts.

3. To protect historic buildings and districts in Danville in order to

maintain one of the county’s principal economic development

and heritage tourism resources.

4. To enhance the appeal of Danville’s historic neighborhoods as

distinctive areas and to enhance property values within these

Districts.

5. To encourage and promote the public health, safety and

general welfare of the citizens of Danville by ensuring that

changes in the designated districts enhance the historic

qualities that are enjoyed by all members of the community and

which makes the area a special place in which to live and work.

B. Description of the Area. Local Historic Districts and Local Historic

Sites designated as part of the Historic Overlay District requiring review

from the Danville Architectural Heritage Board:

C. Permitted Uses. Except as prohibited in item D below, uses permitted

in this District are shown in the Use Table in Section 5.1, Use Table.

This table employs broad use categories containing a variety of similar

uses. The use categories are described in Section 5.2, Use

Categories. Additional standards for specific uses, if any, can be found

in each category.

D. Prohibited Uses. The following uses are expressly prohibited in the

following areas of the Historic Overlay District:

1. Adult Entertainment Establishments;

2. Eating Establishments with Drive-Thru;

3. RV Parks and Campgrounds;

4. Indoor Firing Ranges;

5. Fuel Stations;

6. Vehicle or Equipment Sales;

7. Group Living;

Article 4

-----------------------------------------------

Zoning Districts – Overlay Districts

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

4-60

8. Vehicle Repair;

9. Other Limited Vehicle Service; or

10. Telecommunications Tower.

E. Historic Overlay Standards, Secretary of the Interior’s Standards

and Guidelines for the Rehabilitation of Historic Properties. The

Historic Overlay shall include General Development Standards

adopted as outlined in Section 3.12 and may also incorporate other

Local Standards, the Secretary of the Interior’s Standards and

Guidelines for the Treatment of Historic Properties as applicable, as

well as the Secretary of the Interior’s Guidelines on Sustainability for

Rehabilitating Historic Buildings.

F. Redevelopment of Existing Site. It is recognized that certain

properties in the Historic Overlay District were developed prior to

incorporation and/or adoption of technical and development standards

for the district. When an existing site is redeveloped as defined in

Article 6, the site shall be brought into conformance with the technical

and development standards of this district to the greatest extent

feasible or possible.

4.9.2 Airport Overlay District

The Airport Overlay District outlines the area within proximity of the Boyle

County Airport that is under the jurisdiction of the Kentucky Airport Zoning

Commission (KAZC). The underlying zoning is governed by this ordinance;

however, there may be additional restrictions on development in this area

placed by the KAZC. Any person developing property in this area should

consult with KAZC in addition to all approvals necessary under this ordinance.

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-1

ARTICLE 5

USE REGULATIONS

SEC. 5.1 USE TABLE

The table on the following pages lists the uses allowed within zoning districts.

5.1.1 Use Categories

All of the Use Categories and Specific Use Types listed in the following Use

Table are explained in Section 5.2, Use Categories, additionally Section 5.2

includes any Exceptions or Specific Use Standards for the uses contained in

the Use Table.

5.1.2 Uses Permitted By-Right

A “P” indicates that a use category is allowed by-right in the respective zoning

district. These permitted uses are subject to all other applicable regulations of

this Zoning Ordinance.

5.1.3 Conditional Uses

A “C” indicates that a use category is allowed only if reviewed and approved

as a conditional use, in accordance with the Conditional Use Permit

procedures of Section 3.8, Conditional Use Permit. Conditional uses are

subject to all other applicable regulations of this Zoning Ordinance.

5.1.4 or Uses Subject to Specific Conditions

A “P” or a “C” that is accompanied by the symbol “*” indicates that the listed

use type is subject to use-specific conditions. The standards are listed in each

category in Section 5.2.

5.1.5 Uses Not Allowed

A blank or empty cell indicates that a use type is not allowed in the respective

zoning district, unless it is otherwise expressly allowed by other regulations of

this Zoning Ordinance. Any use not allowed is deemed prohibited.

5.1.6 New or Unlisted Uses

If an application is submitted for a use type that is not listed in the use table,

the Planning Commission Director shall be authorized to make a similar use

interpretation based on the use category descriptions of Section 5.2, Use

Categories, and the similar use interpretation criteria of Section 5.2B. If the

Director determines that the proposed use does not fit any of the use category

descriptions of Section 5.2, no similar use interpretation shall be made. The

Director shall make a determination as to the use category for the application

which has been made.

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-2

AG (Agriculture)

RR (Rural Residential)

R1 (Single Family Residential)

RM-2 (Two Family Residential)

RM-3 (Multi-Family Residential)

RM-4 (Multi-Family Residential)

NB (Neighborhood Business)

GB (General Business)

CB (Central Business)

HB (Highway Business)

OP (Office and Professional)

ICD (Institutional Campus Development)

P (Public)

LI (Light Industrial)

HI (Heavy Industrial)

IBD (Industrial Business Development)

HD (Historic Overlay)

Use Category

Page #

Specific Use Type

P = Permitted Use C = Conditional Use * = Specific Use Standards Apply

RESIDENTIAL (See Section 5.2.2)

Household Living

5-7

Single Family Detached

Single Family Attached

Multi-Family

Home Office/ Occupation

Accessory Apartment

Group Living

5-9

Fraternity/ Sorority

All Other Group Living

Facilities

INSTITUTIONAL (See Section 5.2.3)

College

5-10

Community Services

5-11

Day Care

5-11

Detention Facility

5-13

Health Care Facility

5-13

Parks and Open Areas

5-14

Religious Institution

5-14

Safety Services

5-15

School

5-15

Utilities, Basic

5-15

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-3

AG (Agriculture)

RR (Rural Residential)

R1 (Single Family Residential)

RM-2 (Two Family Residential)

RM-3 (Multi-Family Residential)

RM-4 (Multi-Family Residential)

NB (Neighborhood Business)

GB (General Business)

CB (Central Business)

HB (Highway Business)

OP (Office and Professional)

ICD (Institutional Campus Development)

P (Public)

LI (Light Industrial)

HI (Heavy Industrial)

IBD (Industrial Business Development)

HD (Historic Overlay)

Use Category

Page #

Specific Use Type

P = Permitted Use C = Conditional Use * = Specific Use Standards Apply

COMMERCIAL (See Section 5.2.4)

Eating Establishment

5-18

5-19

No Drive-Through

With Drive-Through

Bar /Lounge w/

Restaurant

Craft Beverage

Production w/ Restaurant

Office

5-20

Overnight

Accommodation

5-21

5-23

B&B/ Short Term Rental

(Cities of Danville,

Junction City, Perryville)

B&B/Short Term Rental

(Unincorporated Area of

Boyle County)

Hotel, Motel, Inn,

Extended Stay Facility

Recreational Vehicle

Park

Parking, Commercial

5-25

Recreation and

Entertainment

5-26

Active Outdoor

Passive Outdoor

Indoor

Sportsmen’s Farms,

Firearm Ranges

Entertainment Event,

Major

Retail Sales and Service

5-29

Animal Hospital, Kennel

or Veterinarian

Adult Retail or

Entertainment

Bar or Lounge

Greenhouse or Nursery

Animal or Poultry Sales

Retail up to 5,000 s.f.

Retail over 5,000 s.f.

Retail with DriveThrough

or Pick Up Window

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-4

AG (Agriculture)

RR (Rural Residential)

R1 (Single Family Residential)

RM-2 (Two Family Residential)

RM-3 (Multi-Family Residential)

RM-4 (Multi-Family Residential)

NB (Neighborhood Business)

GB (General Business)

CB (Central Business)

HB (Highway Business)

OP (Office and Professional)

ICD (Institutional Campus Development)

P (Public)

LI (Light Industrial)

HI (Heavy Industrial)

IBD (Industrial Business Development)

HD (Historic Overlay)

Use Category

Page #

Specific Use Type

P = Permitted Use C = Conditional Use * = Specific Use Standards Apply

Retail Sales and Service

(con’t)

5-29

Retail Shopping Center

up to 50,000 s.f.

Retail Shopping Center

over 50,000 s.f.

Other Retail Sales and

Service

Vehicle & Heavy Equip.

Sales

Manufactured & Mobile

Home Sales

Self-Service Storage

5-32

Vehicle Repair

5-33

Vehicle Service, Limited

5-33

Fuel Stations or Sales

Other Limited Vehicle

Service

INDUSTRIAL (See Section 5.2.5)

Industrial Service

5-34

Light

Heavy

Fuel Stations Heavy

(Truck Stop)

Manufacturing and

Production

5-35

Light

Heavy

Concrete Batch Plant

Mulch/Wood Operations

Craft Brewery or Distilled

Spirit Production/Storage

5-36

Above Ground Storage

Tanks

5-39

Warehouse and Freight

Movement

5-39

Storage or Movement of

Goods

5-40

Storage of Explosives,

Ammunition, etc

Waste-Related Use

5-40

Landfill, C & D Debris

Landfill

5-40

Recycling or Transfer

Station

5-40

Land Farming

Wholesale Sales

5-40

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-5

AG (Agriculture)

RR (Rural Residential)

R1 (Single Family Residential)

RM-2 (Two Family Residential)

RM-3 (Multi-Family Residential)

RM-4 (Multi-Family Residential)

NB (Neighborhood Business)

GB (General Business)

CB (Central Business)

HB (Highway Business)

OP (Office and Professional)

ICD (Institutional Campus Development)

P (Public)

LI (Light Industrial)

HI (Heavy Industrial)

IBD (Industrial Business Development)

HD (Historic Overlay)

Use Category

Page #

Specific Use Type

P = Permitted Use C = Conditional Use * = Specific Use Standards Apply

OTHER (See Section 5.2.6)

Agriculture

5-41

Farming Crop and

Livestock Production

Confined Animal Feeding

Operation, Livestock

Auction

Roadside Stand

Agritourism Uses

permitted under KRS

247.800

Limited Meat or Poultry

Processing

Aviation, Surface

Passenger Terminals

5-44

Light Aviation

Commercial Aviation

Ground

Transportation

Burial Related Use

5-44

Commercial Cemeteries

and Crematories

Merchant Electric

Generating Facility

5-45

Wind or Solar Electricity

Generating Facility

Mining and Pipelines

5-49

5-46

5-47

Mine, Quarry, Borrow Pit

Oil or Gas Production,

Storage

Hazardous Liquids

Pipelines

(New or Converted)

Telecommunications

Facilities

5-49

Telecommunications

Support Structure

Telecommunications

Facility (attached)

TEMPORARY USES (See Section 5.3)

Temporary Use

5-51

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-6

SEC. 5.2 USE CATEGORIES

5.2.1 Basis for Classifications

Use categories classify land uses and activities into use categories based on

common functional, product or physical characteristics. Characteristics include

the type and amount of activity, the type of customers or residents, how goods

or services are sold or delivered and site conditions. The use categories

provide a systematic basis for assigning present and future land uses into

appropriate zoning districts.

A. Principal Uses. Principal uses are assigned to the category that most

closely describes the nature of the principal use. The "Characteristics"

subsection of each use category describes the common characteristics

of each principal use.

1. Developments with Multiple Principal Uses. When all

principal uses of a development fall within one use category,

the entire development is assigned to that use category. When

the principal uses of a development fall within different use

categories, each principal use is classified in the applicable

category and each use is subject to all applicable regulations

for that category.

2. Accessory Uses. Accessory uses are allowed by-right in

conjunction with a principal use unless otherwise stated in the

regulations. Also, unless otherwise stated, accessory uses are

subject to the same regulations as the principal use. Common

accessory uses are listed as examples in the use category

descriptions.

3. Use of Examples. The "Examples" subsection of each use

category lists common examples of uses included in the

respective use category. The names of these sample uses are

generic. They are based on common meanings and not on

what a specific use may call itself.

B. Similar Use Interpretation Criteria. The following considerations may

be used in making similar use interpretations.

1. The actual or projected characteristics of the activity in

relationship to the stated characteristics of each use category;

2. The relative amount of site area or floor space and equipment

devoted to the activity;

3. Relative amounts of sales from each activity;

4. The customer type for each activity;

5. The relative number of employees in each activity;

6. Hours of operation;

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-7

7. Building and site arrangement;

8. Vehicles used with the activity;

9. The relative number of vehicle trips generated by the use;

10. How the use advertises itself;

11. Parking needs;

12. Noise level, odor, dust, vibrations, or smoke generated; and

13. Utility use.

5.2.2 Residential Use Categories

A. Household Living

1. Characteristics. Household Living is characterized by the

residential occupancy of a dwelling unit by a household.

Tenancy is arranged on a month-to-month or longer basis.

Uses where tenancy may be arranged for a shorter period are

not considered residential; they are considered to be a form of

transient lodging (see the Overnight Accommodations and

Community Service categories).

2. Accessory Uses. Accessory uses commonly associated with

Household Living are recreational activities, raising of pets

(including non-commercial kennels), hobbies, parking of the

occupants' vehicles, certain home occupations and accessory

apartments as defined in Article 4 of this ordinance.

3. Examples. Uses include living in houses, duplexes, triplexes,

fourplexes, other multi-dwelling structures, manufactured

housing and other structures with self-contained dwelling units.

4. Exceptions.

a. Lodging uses, including Short Term Rental and Bed

and Breakfast uses where tenancy may be arranged

for periods of less than 30 days is to be considered a

hotel or motel use and classified in the Overnight

Accommodations category.

5. Specific Use Standards.

a. Home Offices meeting the following standards are

permitted as accessory uses by right in agriculture and

residential districts:

(1) No signage;

(2) No additional parking;

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-8

(3) Must be clearly incidental to the principal use

of the residence;

(4) Operated by and employs only residents of the

property;

(5) No on-premise merchandise storage;

(6) No customer/clientele/public visits to the home

office; and

(7) Must maintain residential character of the

property.

b. Home Occupations permitted only after first obtaining

a Conditional Use Permit include:

(1) Academic Tutoring;

(2) Music Lessons;

(3) Catering, Baking or Home-Based Processor

(products limited under the Kentucky Cottage

Food Law);

(4) Child Care (3 to 6 children);

(5) Sewing/Alterations;

(6) Personal Services such as: hair salon, nail

salon, cosmetologist and associated massage

therapy;

(7) Family Owned and Operated Limited

Contractor-Related Services (only in the

Agricultural District of at least five (5) acres in

size) such as: general contractor, specialty

contractor, lawn care or landscaping services

and equipment excavation services; or

(8) Limited Hobby-Making such as: art studio,

photography studio, woodworking and craft-

making.

c. Home occupations listed in 5.2.2.A.5.b. shall meet the

following standards:

(1) Operated by and employs only persons

residing on the premises;

(2) The use of the dwelling unit for the home

occupation shall be clearly incidental and

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-9

subordinate to its use for residential purposes

by its occupants;

(3) No more than one Conditional Use Permit shall

be granted per premises;

(4) There shall be no change in the outside

appearance of the dwelling or premises, or

other visible evidence of the conduct of such

home occupation;

(5) There may be limited sales on the premises in

connection with such home occupation;

(6) No traffic shall be generated by such home

occupation in greater volumes than would be

expected in residential neighborhood;

(7) No equipment or process shall be used in such

home occupation which creates noise,

vibration, glare, fumes, odors or electrical

interferences, outside the dwelling unit;

(8) Additional parking or other items may be

required as a condition granted by the Board of

Adjustment; and

(9) A Change of Use Zoning Permit is required

prior to commencement of the business.

d. For the keeping of any Non-Commercial Kennel or

domestic pets such as a dog or cat, an Outdoor Pet

Containment Area shall be required in the

unincorporated area of Boyle County, in the RR and R1

zoning classifications. For the purposes of this

standard, an Outdoor Pet Containment Area shall

mean animals shall remain on the premises of the

owner, or if off the premises of the owner, under

restraint by means of a lead, leash, harness,

appropriate animal carrier or other reasonable method

and under the control of a responsible person.

B. Group Living.

1. Characteristics. Group Living is characterized by the

residential occupancy of a structure by a group of people who

do not meet the definition of Household Living. The size of the

group may be larger than the average size of a household.

Tenancy is arranged on a monthly or longer basis. Generally,

Group Living structures have a common eating area for

residents. The residents may receive care, training or

treatment, as long as the care givers also reside at the site.

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-10

2. Accessory Uses. Accessory uses commonly associated with

Group Living are recreational facilities and parking of vehicles

for occupants and staff.

3. Examples. Examples of Group Living include dormitories;

fraternities and sororities; monasteries and convents; group

homes for the physically or mentally disabled; some residential

programs for drug and alcohol treatment; halfway, alternative

or post-incarceration facilities; transitional homes; and some

rooming/boarding houses.

4. Exceptions.

a. Lodging where tenancy may be arranged for periods of

less than 30 days is to be considered a hotel or motel

use and classified in the Overnight Accommodations

category.

b. Facilities for people who are under judicial detainment

and under the supervision of sworn officers are

included in the Detention Facilities category.

5. Specific Use Standards. Fraternities/Sororities are allowed

only in the Institutional Campus Development District and must

comply with all requirements of that District.

5.2.3 Institutional and Civic Use Categories

A. Colleges and Institutions of Higher Learning.

1. Characteristics. This category includes colleges and other

institutions of higher learning that offer courses of general or

specialized study leading to a degree. Colleges tend to be in

campus-like settings or on multiple blocks.

2. Accessory Uses. Accessory uses include offices, housing for

students, food service, laboratories, health and sports facilities,

theaters, meeting areas, parking, maintenance facilities and

supporting commercial operations.

3. Examples. Examples include universities, liberal arts colleges,

community colleges, public vocational-technical schools,

nursing and medical schools not accessory to health care

facilities and seminaries.

4. Exceptions. Personal service-oriented instruction (martial

arts, dance, music) are classified as Retail Sales and Service.

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-11

B. Community Services.

1. Characteristics. Community Services are uses of a public,

nonprofit or charitable nature generally providing a local

service to people of the community. Generally, they provide the

service on-site or have employees at the site on a regular

basis. The service is ongoing, not just for special events.

Community centers or facilities that have membership

provisions are open to the general public to join at any time.

The use may provide special counseling, education or training

of a public, nonprofit or charitable nature.

2. Accessory Uses. Accessory uses may include offices;

meeting areas; food preparation areas; parking, health and

therapy areas; and athletic facilities.

3. Examples. Examples include the following public or nonprofit

uses: libraries, museums, senior centers, community centers,

swimming pools, youth club facilities, hospices, social service

facilities, temporary shelters, vocational training for persons

with physical or mental disabilities, cemeteries, columbarium

and mausoleums.

4. Exceptions.

a. Private lodges, clubs and private or commercial athletic

or health clubs are classified as Retail Sales and

Service.

b. Commercial museums are classified as Retail Sales

and Service.

c. Parks are classified as Parks and Open Areas.

d. Commercial cemeteries, columbarium, storage vaults

mausoleums and crematories are classified as Burial

Related Use.

C. Day Care.

1. Characteristics. Day Care uses provide care, protection and

supervision for children or adults on a regular basis away from

their primary residence for less than 24 hours per day. Eligible

facilities shall have proper license from the Kentucky Cabinet

for Families and Children.

2. Accessory Uses. Accessory uses include offices, recreation

areas and parking.

3. Examples. Examples include preschools, child care centers,

nursery schools, latch key programs and adult day care

programs.

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-12

4. Exceptions. Day Care does not include public or private

schools or facilities operated in connection with shopping

center or other principal use, where children are cared for while

parents or guardians are occupied on the premises or in the

immediate vicinity.

5. Specific Use Standards. Child care centers, nurseries, day

care centers, kindergartens or any facility or operation

providing adult or child care, guidance or supervision for which

a license is required from the Kentucky Cabinet for Families

and Children, with the exception of religious organizations

providing child care, guidance or supervision while religious

services are being conducted or to kindergarten programs

operated as a part of a public educational system require

compliance with the following requirements:

a. The lot shall contain a minimum open space area as

required by the Kentucky Cabinet for Health and

Family Services;

b. A solid wall or adequate security fence not less than 6

feet high is maintained along all interior lot lines which

separate play areas from adjacent properties and

parking areas. Outdoor play areas shall be contiguous

with the building so children can safely walk from the

building to the play area. Outdoor play area which lies

within or adjoins a residential district shall be buffered

by landscaping or a solid privacy fence. The Board of

Adjustments, if applicable, may set hours or otherwise

limit outdoor play times for any facility located within a

residential district or adjacent to a residential structure;

c. A letter from the fire marshal and the Kentucky Cabinet

for Families and Children, or their successor agency

certifying that the use complies with the requirements

of that agency. This documentation must be supplied

to the Planning Commission prior to issuance of a

Certificate of Occupancy by the Building Inspector;

d. Adequate and safe on-site parking, loading and

unloading areas and driveways providing for safe

ingress and egress with backing into the street

specifically prohibited;

e. If the proposed use will be located within any

agriculture or residential district, then the structure

shall remain or shall be constructed so that the exterior

design and ornamentation is residential in character

and compatible with the immediate neighborhood, so

that there is no evidence from the street that the use is

other than residential (except for the sign); and

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-13

f. All buildings and structures shall conform to the

requirements of the zoning district in which they are

located. Signage shall be limited as outlined by each

Use Category in Article 4.

D. Detention Facilities.

1. Characteristics. Facilities for the judicially required detention

or incarceration of people. Inmates and detainees are under

24-hour supervision by sworn officers, except when on an

approved leave.

2. Accessory Uses. Accessory uses include offices, recreational

and health facilities, therapy facilities, maintenance facilities

and hobby and manufacturing activities.

3. Examples. Examples include prisons, jails, probation centers,

supervised or court-ordered halfway homes and juvenile

detention homes.

4. Exceptions.

a. Programs that provide care and training or treatment

for psychiatric, alcohol or drug problems, where

patients are residents of the program, but where

patients are not supervised by sworn officers are

classified as Group Living.

b. Programs that provide transitional living experience for

former offenders, such as halfway houses, where

residents are not supervised by sworn officers, are also

classified as Group Living.

c. Home incarceration is considered Household Living.

E. Health Care Facilities.

1. Characteristics. Health Care Facilities include uses providing

medical or surgical care to patients and offering overnight care.

2. Accessory Uses. Accessory uses include out-patient clinics,

offices, laboratories, teaching facilities, meeting areas,

cafeterias, parking, maintenance facilities and housing

facilities for staff or trainees.

3. Examples. Examples include medical centers, hospitals

outpatient surgery centers, nursing homes, convalescent

homes, hospices, and assisted living facilities.

4. Exceptions.

a. Uses that provide exclusive care and planned

treatment or training for psychiatric, alcohol or drug

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-14

problems, where patients are residents of the program,

are classified in the Group Living category.

b. Medical clinics or offices that provide care where

patients are generally not kept overnight are classified

as Offices.

c. Urgent care and walk-in treatment centers are

classified as Retail Sales and Service.

F. Parks and Open Areas.

1. Characteristics. Parks and Open Areas are uses of land

focusing on natural areas, large areas consisting mostly of

vegetative landscaping or outdoor recreation, community

gardens or public squares. Lands tend to have few structures.

2. Accessory Uses. Accessory uses may include play

equipment, restrooms, trails and gardens.

3. Examples. Examples include parks, public squares,

recreational trails, botanical gardens, and nature preserves.

4. Exceptions.

a. Golf courses are considered Recreation and

Entertainment.

b. Public or nonprofit Cemeteries are considered

Community Services.

c. Lighted outdoor and other active recreation use are

classified as Recreation/Entertainment.

G. Religious Institutions.

1. Characteristics. Religious Institutions primarily provide

meeting areas for religious activities.

2. Accessory Uses. Accessory uses include Sunday School

facilities, parking, cemetery, caretaker's housing, and

residential living facilities such as a convent, abbey, or

parsonage.

3. Examples. Examples include churches, temples, synagogues

mosques, monasteries and convents.

4. Exceptions.

a. Preschools are classified as Day Care uses.

b. Schools are classified as Schools.

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-15

c. Lighted outdoor athletic fields are classified as

Recreation/Entertainment.

H. Safety Services.

1. Characteristics. Safety Services are uses that provide public

safety and emergency response services. They often need to

be located in or near the area where the service is provided.

Employees are regularly present on-site.

2. Accessory Uses. Accessory uses include offices and parking.

3. Examples. Examples include fire stations, police stations, 911

centers, emergency medical service and ambulance stations.

4. Exceptions.

a. Private security guards are classified as personal

service oriented Retail Sales and Service.

b. Vehicle towing is classified as Vehicle Repair.

I. Schools.

1. Characteristics. This category includes public and private

schools at the primary, elementary, middle, junior high or high

school level that provide state-mandated basic education.

2. Accessory Uses. Accessory uses include play areas,

cafeterias, recreational and sport facilities, auditoriums,

before- or after-school day care, and greenhouses.

3. Examples. Examples include public and private daytime

schools, boarding schools and military academies.

4. Exceptions.

a. Preschools are classified as Day Care uses.

b. Business and trade schools are classified as Retail

Sales and Service.

c. Personal service-oriented instruction is classified as

Retail Sales and Service.

J. Utilities, Basic.

1. Characteristics. Basic Utilities are infrastructure services that

need to be located in or near the area where the service is

provided. Basic Utility uses generally do not regularly have

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-16

employees at the site. Services may be public or privately

provided.

2. Accessory Uses. Accessory uses may include parking and

control, monitoring, data or transmission equipment.

3. Examples. Examples include water and sewage pump

stations, electrical substations, water towers and reservoirs,

storm water retention/detention facilities, radio transmission

facilities, and telephone exchanges.

4. Exceptions.

a. Services where people are generally present are

classified as Community Services, Offices or Safety

Services.

b. Utility offices where employees or customers are

generally present are classified as Offices.

c. Bus barns are classified as Warehouse and Freight

Movement.

d. Telecommunications structures are classified as

Telecommunication Facilities.

e. Utility storage facilities are classified as Warehouse

and Freight Movement.

5. Specific Use Standards

a. Transmission Towers and Accessory Facilities.

The provisions of this section shall apply to the

construction, erection, alteration, use, and location of

transmission towers and accessory facilities in the

Agriculture, Commercial and Industrial zoning districts.

Transmission towers and accessory facilities in legal

existence on the effective date of this Zoning

Ordinance that are not in conformity with this section

may remain in place. Unless otherwise permitted by

this Zoning Ordinance, no new transmission tower or

accessory facility may be erected or constructed

unless all provisions of this Section and the

requirements of the Kentucky Public Service

Commission are met.

(1) Exceptions. An antenna and supporting

structure for the following uses are permitted in

any zoning district if accessory to a permitted

use and if they comply with applicable

regulations of the district in which situated and

are otherwise permitted by law:

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-17

(a) Amateur radios.

(b) Citizen band radios.

receives radio frequency signals.

(d) Portable, hand-held, and vehicular

transmissions.

(e) Industrial, scientific, and medical

equipment operating at frequencies

designated for that purpose by the

FCC.

(f) Transmission towers used for remote

control of municipal or public facilities.

(g) Low power (100 watts or less)

Transmission towers.

(2) Minimum Location Standards. The following

minimum standards shall be met in the

approval of a Building and Zoning Permit:

(a) All self-supporting transmission towers

will be setback from the property line on

which it is located 60 percent of the

overall height of the transmission

tower;

(b) All guyed transmission towers will be

setback from the property line on which

it is located 60 percent of the overall

height of the transmission tower;

shall comply with the setback standard

in the adjacent zoning district;

(d) At least two off-street parking spaces

and one additional space for each on-

site personnel will be provided;

(e) Existing on-site vegetation shall be

preserved to the maximum extent

practicable;

(f) Transmission towers shall not be

artificially lighted unless required by the

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-18

Federal Aviation Administration or

appropriate State authority;

(g) Transmission tower accessory facilities

in an Agriculture district zone and other

such districts where transmission

towers are permitted, accessory

buildings and structures may not

include offices, long-term vehicle

storage, other outdoor storage or

broadcast studios, except for

emergency purposes, or other uses

that are not needed to send or receive

transmissions, and in no event may

exceed 25 percent of the floor area

used for wireless transmission

equipment; and

(h) Transmission towers shall be

consistent with applicable Federal and

State regulations and shall have

secured and submitted copies of

compliance with these regulations.

(3) Color of Towers. Unless otherwise required

by state or federal regulations, all transmission

towers shall be white or light gray in color.

5.2.4 Commercial Use Categories

A. Eating Establishments.

1. Characteristics. Establishments that sell food and beverages

for on-premise or off-premise consumption.

2. Accessory Uses. Accessory uses may include decks and

patios for outdoor seating, drive-through facilities, customer

and employee parking areas, and valet parking facilities.

3. Examples. Examples include restaurants, drive-ins, fast food

establishments, coffee or ice-cream shops, pizza delivery, bar

and lounges.

4. Exceptions. Nightclubs, dance halls, and dinner theaters are

classified as Recreation and Entertainment.

5. Specific Use Standards

a. Restaurants with Outdoor Activity Areas. Any

restaurant providing outdoor activities such as outdoor

dining areas, sports areas such as volleyball courts,

live music or similar activities shall be required to

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-19

screen such areas from view from any adjacent

residential use. Any such outdoor activity area shall be

separated by a minimum of 100 feet from any

residential district.

b. Drive-Through and Drive-In Eating Establishments.

Must be located at least 100 feet from any residential

use or district. This standard may be reduced to 50 feet

if no outdoor speaker system is used.

c. Outdoor Areas. Eating establishments with outdoor

patios or dining areas deigned for year-round use must

incorporate the additional outdoor square footage of

such space when calculating the required minimum

parking for the business.

d. Craft Beverage/ Distilled Spirit Production. Craft

beverage or distilled spirit production, including

breweries, distilleries and wineries in conjunction with

a restaurant, are subject to the following Specific Use

Standards:

(1) Must adhere to all applicable local and state

alcoholic beverage control license

requirements;

(2) The use and any associated use on the

property shall only serve alcohol by the drink or

sell packaged alcohol in accordance with the

underlying zoning requirements;

(3) Production activities and the area devoted to

such activities may be in conjunction with a

restaurant or an on-site tasting room;

(4) Parking shall be provided in accordance with

the requirements for a restaurant as outlined in

Section 4.6.8.E.1 of this Ordinance;

(5) All processing, production, manufacturing,

distilling, brewing, bottling associated with such

distillery shall be located within a fully enclosed

building;

(6) Outdoor storage of materials, equipment, or

supplies associated with such use is not

allowed, unless otherwise allowed by the

underlying zoning; and

(7) All loading and unloading areas shall be

oriented away from public streets.

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-20

B. Office.

1. Characteristics. Office uses are characterized by activities

conducted in an office setting and generally focusing on

business, government, professional, medical or financial

services.

2. Accessory Uses. Accessory uses may include cafeterias, day

care, health facilities, parking or other amenities primarily for

the use of employees in the firm or building.

3. Examples. Examples include professional services such as

lawyers, accountants, engineers or architects; financial

businesses such as lenders, brokerage houses, bank

headquarters (without drive-through) or real estate agents;

data processing and telemarketing; sales offices; government

offices and public utility offices; TV and radio studios; medical

and dental clinics, medical and dental labs; counseling offices,

sports and fitness/ diet clinics, and blood-collection facilities.

4. Exceptions.

a. Offices that are part of and located with a principal use

in another category are considered accessory to the

firm's primary activity. Headquarters offices, when in

conjunction with or adjacent to a principal use in

another category, are considered part of the other

category.

b. Contractors and others who perform services off-site

are included in the Office category if equipment and

materials are not stored on the site and fabrication,

services or similar work is not carried on at the site.

C. Overnight Accommodations

1. Characteristics. Dwelling units arranged for short-term stays

of less than 30 days for rent or lease. Also includes other

arrangements for stays of less than 30 days such as

Recreational Vehicle (RV) parks.

2. Accessory Uses. Accessory uses may include pools and

other recreational facilities, gift shops, limited storage, laundry

facilities, offices, meeting facilities comprising less than 25

percent of the total gross floor area, offices and business

centers, restaurant, bar and lounge.

3. Examples. Examples include Bed and Breakfast

establishments, Short Term Rentals, Hotels, Motels, Inns,

Extended Stay facilities, and Recreational Vehicle Parks.

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-21

4. Exceptions. Primitive Campgrounds for tent and rv camping

are considered Recreation and Entertainment.

5. Specific Use Standards.

a. Bed and Breakfast Establishments.

(1) Bed and Breakfast establishments shall be

required to meet Fire and Building codes;

(2) Incorporated Area of the Cities of Danville,

Junction City and Perryville - A Conditional Use

Permit is required in the RR, R1 and RM-2

zoning districts prior to commencement of the

business;

Unincorporated Area of Boyle County - Bed

and Breakfast Homes, Inns and Farmstays are

not permitted in the RR or the R1 zoning

districts. A Conditional Use Permit is required

in the AG and the RM-2 zoning districts prior to

commencement of the business;

(3) A Change of Use Zoning Permit is required

prior to commencement of the business. All

Bed and Breakfast Homes, Inns and

Farmstays shall be required to list the facility

Zoning Permit number assigned by the

Planning Commission on all advertisements

and on all home-sharing platforms;

(4) Each room to be rented shall be designed and

intended to accommodate no more than two

persons;

(5) Each room shall be rented for no longer than

30 days;

(6) The use shall not adversely affect the uses

permitted in the area and in the immediate

neighborhood by excessive traffic generation,

noise and light;

(7) One parking space shall be required for each

guest room available for rent. All off-street

parking areas shall be completely screened

with landscaping;

(8) The use shall be in compliance with all other

applicable state and local laws, including the

Boyle County District Health Department Rules

and Regulations;

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-22

(9) Bed and Breakfast establishments shall be

limited to the following number of guest rooms:

Bed and Breakfast Home, Maximum (5) guest

rooms; Bed and Breakfast Inn, Minimum (6)

guest rooms, Maximum (8) guest rooms; Bed

and Breakfast Farmstay, no guest room

maximum;

(10) The Board of Adjustments, in considering

approval of required Conditional Use Permit,

shall make a finding that the number of rooms

granted shall not have adverse effect on

surrounding properties. In addition, the Board

of Adjustment shall take into consideration the

number of Bed and Breakfast facilities, if any,

within the general neighborhood of the property

being considered for such use; and

(11) Bed and Breakfast establishments, shall be

required to obtain a Conditional Use Permit to

conduct additional Agritourism uses or

commercial uses such as meetings, seminars,

tea/ garden parties, weddings, receptions, or

concerts.

b. Short Term Rentals.

(1) Short Term Rental establishments shall be

required to meet Fire and Building codes;

(2) Incorporated Area of the Cities of Danville,

Junction City and Perryville - A Conditional Use

Permit is required in the RR, R1 and RM-2

zoning districts for Short Term Rentals prior to

commencement of the business;

Unincorporated Area of Boyle County - Short

Term Rental establishments are not permitted

in the RR or the R1 zoning districts. A

Conditional Use Permit is required in the AG

and the RM-2 zoning districts for Short Term

Rentals prior to commencement of the

business;

(3) A Change of Use Zoning Permit is required

prior to commencement of the business. All

Short Term Rental establishments shall be

required to list the facility Zoning Permit

number assigned by the Planning Commission

on all advertisements and on all home-sharing

platforms;

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-23

(4) Each room to be rented shall be designed and

intended to accommodate no more than two

persons;

(5) Each room shall be rented for no longer than

30 days;

(6) The use shall not adversely affect the uses

permitted in the area and in the immediate

neighborhood by excessive traffic generation,

noise and light;

(7) One parking space shall be required for each

guest room available for rent. All off-street

parking areas shall be completely screened

with landscaping;

(8) The use shall be in compliance with all other

applicable state and local laws, including the

Boyle County District Health Department Rules

and Regulations;

(9) Short Term Rental establishments shall be

limited to the following number of guest rooms:

Hosted Home-Sharing, Maximum (5) guest

rooms; Un-hosted Home-Sharing, Maximum

(8) guest rooms and Dedicated Short Term

Rental establishments, no guest room

maximum;

(10) The Board of Adjustments, in considering

approval of required Conditional Use Permit,

shall make a finding that the number of rooms

granted shall not have adverse effect on

surrounding properties. In addition, the Board

of Adjustment shall take into consideration the

number of Short Term Rental facilities, if any,

within the general neighborhood of the property

being considered for such use; and

(11) Short Term Rental establishments, shall be

required to obtain a Conditional Use Permit to

conduct additional commercial uses such as

meetings, seminars, tea/ garden parties,

weddings, receptions, or concerts.

c. Recreational Vehicle (RV) Park. An RV Park may be

established and maintained in accordance with the Use

Table in Section 5.1, state regulations (KRS 219) and

the following regulations:

(1) Minimum Park Area. Five (5) acres;

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-24

(2) All RV Parks shall be connected to public

sanitary sewer and shall conform to

appropriate Commonwealth of Kentucky

Plumbing Code and Boyle County Health

Department Rules and Regulations;

(3) Location and access. No RV Park shall be

located except with direct access to an arterial

highway or major collector with a minimum of

50 feet of frontage thereon in order to permit

appropriate design of entrances and exits. No

entrance or exit from an RV Park shall be

permitted through a residential district, nor

require movement of traffic from the park

through a residential district;

(4) Occupancy Permitted. Spaces in an RV Park

may be used by recreational vehicles, travel

trailers, equivalent facilities constructed in or

on automotive vehicles or other short-term

housing or shelter arrangements or devices.

No mobile homes or permanent dwellings shall

be permitted except for a single unit for the

purpose of security/maintenance of the park;

(5) Relation of Spaces to Exterior Streets. In

addition to yard requirements applying

generally within districts, the following

limitations shall apply with respect to an RV

Park. No space shall be so located that any

part intended for occupancy for sleeping

purposes shall be within 50 feet of the right-of-

way line of any street or thoroughfare or within

25 feet of any adjoining public or private

property;

(6) Design of Access to Park. Entrances and exits

to RV Parks shall be designed for safe and

convenient movement of traffic into and out of

the park and to minimize marginal friction with

free movement of traffic on adjacent streets. All

traffic into and out of the park shall be through

such entrances and exits. No entrance or exit

shall require a turn at an acute angle for

vehicles moving in the direction intended, and

radii of curbs and pavements at intersections

shall be such as to facilitate easy turning

movements for vehicles with trailers attached;

(7) Off-street Parking, Loading, and Maneuvering

Space. In connection with use of any RV Park,

no parking, loading or maneuvering incidental

to parking or loading shall be permitted on any

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-25

public street or right-of-way or any public

grounds or on any private grounds not part of

the park. Each RV Park shall provide off-street

parking, loading and maneuvering space

located and scaled so that the prohibitions

above may be observed, and park owners shall

be held responsible for violations of these

requirements;

(8) Length of Stay. Spaces shall be rented by the

day only, and the occupant of such space shall

not remain in the same RV Park more than 30

days; and

(9) Accessory Uses. Management headquarters,

recreational facilities, coin-operated laundry

facilities and other uses and structures

customarily incidental to operation of an RV

Park are permitted as accessory uses. In

addition, stores, restaurants, beauty parlors,

barber shops and other convenience

establishments shall be permitted as

accessory uses in an RV Park in zoning

districts where such uses are not permitted as

accessory uses, subject to the following

restrictions:

(a) Such establishments and the parking

areas primarily related to their

operations shall not occupy more than

five percent of the area of the park;

(b) Such establishments shall be restricted

in their use to occupants of the park;

visible evidence of their commercial

character which would attract

customers other than occupants of the

park; and

(d) Toilets, showers, and other essential

plumbing fixtures shall be connected to

public sanitary sewer and shall

conform to appropriate Commonwealth

of Kentucky Plumbing Code.

D. Parking, Commercial

1. Characteristics. Commercial Parking facilities provide parking

that is not accessory to a specific use. A fee may or may not

be charged. A facility that provides both accessory parking for

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-26

a specific use and regular fee parking for people not connected

to the use is also classified as a Commercial Parking facility.

2. Accessory Uses. In a parking structure only, accessory uses

may include gasoline sales, car washing and vehicle repair

activities if these uses provide service only to vehicles parked

in the garage.

3. Examples. Examples include short-term and long-term fee

parking facilities and mixed parking lots (partially accessory to

a specific use, partly for rent to others).

4. Exceptions.

a. Parking facilities that are required for use, but that

charge the public to park for occasional events nearby,

are not considered Commercial Parking facilities.

b. Parking facilities that are required for a principal use

are not considered Commercial Parking uses, even if

the operator leases the facility to the principal use or

charges a fee to the individuals who park in the facility.

c. Parking for vehicles with more than two axles and/or

unhitched semi-trailers is classified as freight

movement and shall only be located in industrial zones.

E. Recreation and Entertainment

1. Characteristics. Generally commercial uses that provide

recreation or entertainment-oriented activities. They may take

place indoors or outdoors.

2. Accessory Uses. Accessory uses may include clubhouses,

concessions, restaurants, parking, primitive camping,

caretaker's quarters and maintenance facilities.

3. Examples.

a. Active Outdoor. These include amusement parks,

theme parks, lighted golf courses golf driving ranges,

miniature golf facilities, zoos, lighted soccer fields,

lighted baseball/softball fields, and go-cart or other

commercial motorized tracks and commercial

motorized riding trails.

b. Passive Outdoor. Golf courses, riding stables, non-

motorized riding trails, primitive campgrounds, fishing

lakes and unlighted golf courses.

c. Indoor. Indoor continuous entertainment activities

such as bowling alleys, ice rinks and game arcades,

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-27

pool halls, dance halls, theaters, health clubs, gyms,

membership clubs, lodges and go-cart tracks.

d. Sportsmen’s. Sportsmen’s farms, indoor or outdoor

firearm ranges, shooting ranges, and paintball

facilities.

e. Major Entertainment Events. Uses that draw large

numbers of people to periodic events, rather than on a

continuous basis.

4. Exceptions. Exhibition and meeting areas with less than

20,000 square feet of total event area and banquet halls that

are part of hotels or restaurants accessory to those uses are

classified as Retail Sales and Service.

5. Specific Use Standards

a. Primitive Campground.

(1) All buildings and structures shall be at least 50

feet from any property line;

(2) An open space buffer strip shall be maintained

along all property lines in which campfires, or

any other camping appurtenances shall not be

located. The open space buffer strip shall be a

minimum of 10 feet along any side or rear

property line and a minimum of 50 feet along

any front property line;

(3) Off-street parking areas shall be provided to

accommodate one vehicle for each cabin and

camp site;

(4) All driveways and off-street parking areas shall

be surfaced with a hard and durable material

and properly drained; and

(5) No property, camp or individual campsite that

does not conform to the minimum lot area

established for the district in which it is located

shall be sold or leased for a longer period than

3 months.

b. Sportsmen’s. Sportsmen's farms and skeet, shotgun,

rifle, pistol, air rifle, air pistol, paintball, or other indoor

or outdoor firearm ranges shall be in conformance with

the following regulations:

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-28

(1) Outdoor Facilities.

(a) Minimum lot size for any outdoor range

facility shall be ten (10) acres;

(b) A 200-foot open space buffer shall be

provided for outdoor range facilities

along each property line. No outdoor

range activities shall be permitted

within such buffer;

least 100 feet from any property line;

(d) All roads and parking areas shall be

surfaced with a hard and durable

material and properly drained;

(e) All outdoor ranges shall be of sufficient

length and be provided with an earthen

back stop of sufficient height and

thickness to safely stop all projectiles

from the various types of weapons used;

and

(f) All outdoor ranges shall be enclosed by

a fence at least six feet in height to

prevent animals and people from

entering the property. Warning signs

shall be placed at intervals of 50 feet

along all range fences.

(2) Indoor Facilities.

(a) Indoor ranges shall have one warning

sign at each entrance and at any

windows, doors or other openings in

the walls;

(b) Indoor ranges shall have sufficient

sound proofing to prevent the sound of

firearm discharge from being heard

outside the walls of the range facilities;

materials to be used, including the

exterior walls and any air quality

monitoring devices, shall be provided

for new construction, as well as for

existing sites/buildings that are

repurposed for such use, and must be

properly permitted through the Building

Inspector; and

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-29

(d) Indoor firing ranges are allowed in LI

(Light Industry) and HI (Heavy

Industry) zoning districts.

F. Retail Sales and Service

1. Characteristics. Retail Sales and Service firms are involved in

the sale, lease or rent of new or used products to the general

public. They may also provide personal services or

entertainment or provide product repair or services for

consumer and business goods.

2. Accessory Uses. Accessory uses may include offices,

storage of goods, manufacture or repackaging of goods for on-

site sale and parking.

3. Examples. Examples include uses from the following groups:

a. Sales-Oriented: Stores selling, leasing or renting

consumer, home and business goods including art, art

supplies, bicycles, clothing, dry goods, electronic

equipment, fabric, furniture, garden supplies, gifts,

groceries, hardware, home improvements, household

products, jewelry, pets, pet food, pharmaceuticals,

plants, printed material, stationary and videos; food

sales and sales or leasing of consumer vehicles

including passenger vehicles, motorcycles, light and

medium trucks and other recreational vehicles,

construction equipment, manufactured housing/mobile

home sales, heavy trucks.

b. Personal Service-Oriented: Branch banks;

laundromats and dry cleaners; urgent and emergency

medical care; photographic studios; photocopy

services; hair, tanning, nail, massage, reflexology, and

personal care services; health clubs and gyms,

business, martial arts and other trade schools; dance

or music classes; taxidermists; funeral homes;

mortuaries; veterinarians; and animal grooming.

c. Repair-Oriented: Repair of televisions, bicycles,

clocks, watches, shoes, guns, appliances and office

equipment; photo or laundry or dry-cleaner drop-off;

tailor; locksmith; and non-vehicle upholsterer.

4. Exceptions.

a. Lumberyards and other building material sales that sell

primarily to contractors and do not have a retail

orientation are classified as Wholesale Sales.

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-30

b. Sales facilities that use greater than 50 percent of the

gross floor area for storage are classified as Wholesale

Sales.

c. Repair and service of consumer motor vehicles,

motorcycles and light and medium trucks is classified

as Vehicle Repair or Limited Vehicle Service. Repair

and service of industrial vehicles and equipment and

heavy trucks is classified as Industrial Service.

5. Specific Use Standards.

a. Animal Hospital, Commercial Kennel or Veterinary

Clinic. An animal hospital, kennel or veterinary clinic

may be permitted in accordance with the Use Table in

Section 5.1, provided that any building or area used for

such purposes, including pens or exercise runways,

shall be at least 500 feet from any residential use or

district.

b. Adult Entertainment Establishments. Adult

entertainment establishments may be permitted in

accordance with use table in Section 5.1, provided that

they meet the following standards:

(1) The public entrance to an adult entertainment

establishment will not be located nearer than

750 feet from any church, synagogue, or other

permanent place of worship, licensed day care

center, public or private elementary, middle, or

secondary school, institution of higher learning,

or business college, or any park, mall, or park-

like area of open space under the control of a

governmental agency;

(2) The public entrance to an adult entertainment

establishment will not be located nearer than

750 feet from any residential use or district;

(3) The public entrance to an adult entertainment

establishment will not be located nearer than

500 feet from the public entrance of another

adult entertainment establishment;

(4) Such distance shall be measured along a

straight line, without regard to intervening

structures or objects, from the nearest property

line of the real estate on which the building or

park-like area, residential zone, or entrance to

another adult entertainment establishment is

located to the entrance of the adult

entertainment establishment and

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-31

(5) A 25 foot landscaping/ buffer strip/ screened

area will be maintained along all property lines

in view from any adjacent residential use.

c. Retail Sales with Drive-Through or Pick-Up

Window. Any establishment (such as dry cleaners,

pharmacy, bank, package liquor store, etc.) with a

drive-through or pick-up window must be located at

least 100 feet from any residential use or district.

d. Greenhouse or Nursery.

(1) Commercial greenhouses and plant nurseries

may be permitted in accordance with the Use

Table in Section 5.1, provided that no building

or structure shall be located within 100 feet of

a residential use or district; and

(2) Adequate and safe on-site parking, loading,

and unloading areas and driveways shall be

provided for safe ingress and egress, with

backing into the street specifically prohibited.

e. Vehicle and Heavy Vehicle/Equipment Sales. The

sale of all vehicles and heavy vehicles/equipment shall

be subject to the following.

(1) All heavy vehicle/equipment sales operations

shall have direct access to at least a collector

street;

(2) All vehicle and heavy vehicle/ equipment sales

operations shall be required to provide a paved

display area with appropriate drainage. Heavy

vehicle/ equipment display areas located in the

industrial zoning districts may utilize the

alternative parking surface as outlined in

Section 4.7.4.E.4;

(3) All lighting for vehicle and heavy

vehicle/equipment sales operations shall not

create glare visible from any adjacent lot line;

and

(4) All vehicle and heavy vehicle/ equipment sales

operations shall be screened from view of any

adjacent residential use or district with a

minimum 6-foot high opaque decorative fence

or an opaque evergreen planting strip that is a

minimum of 5 feet high upon planting and can

be expected to be 8 feet high within two years

of planting.

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-32

f. Manufactured/Mobile/Model Home Sales Lot.

When located in the Highway Business District, home

sales lots shall be subject to the following:

(1) Location. All sales operations shall have direct

access to at least a collector street;

(2) Paving. All sales operations shall be required

to provide a paved area, with appropriate

drainage, for the storage of units. Homes that

are displayed in a semi-permanent state with

skirting and landscaping installed are not

required to be placed on pavement;

(3) Lighting and Screening. All lighting for sales

operations shall not create glare visible from

any adjacent lot line and the operation shall be

screened in accordance with the landscaping

provisions of 4.6.8.D; and

(4) Outdoor Paging. Outdoor paging systems are

prohibited in any neighborhood business

district; for any industrial business

development district.

G. Self-Service Storage

1. Characteristics. Self-Service Storage uses provide separate

storage areas for individual or business uses. The storage

areas are designed to allow private access by the tenant for

storing or removing personal property.

2. Accessory Uses. Accessory uses may include living quarters

for a resident manager or security and leasing offices; storage

areas for sales, service and repair operations or

manufacturing; and the rental of trucks or equipment.

3. Examples. Examples include facilities that provide individual

storage areas for rent. These uses are also called mini-

warehouses.

4. Exceptions. A transfer and storage business where there are

no individual storage areas or where employees are the

primary movers of the goods to be stored or transferred is in

the Warehouse and Freight Movement category.

5. Specific Use Standards. All self-service storage facilities

shall be completely screened with a minimum 6-foot high

opaque decorative fence or an opaque evergreen planting strip

that is a minimum of 5 feet high upon planting and can be

expected to be 8 feet high within two years of planting.

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-33

H. Vehicle Repair

1. Characteristics. Vehicle Repair firms service or repair

passenger vehicles, light and medium trucks and other

consumer motor vehicles such as motorcycles, boats and

recreational vehicles. Generally, the customer does not wait at

the site while the service or repair is being performed.

2. Accessory Uses. Accessory uses may include offices, sales

of parts and vehicle storage.

3. Examples. Examples include vehicle repair, transmission or

muffler shop, alignment shop, window tint shop, auto

upholstery shop, auto detailing, vehicle body work (that does

not include any outdoor storage of parts or vehicles) and tire

sales and mounting.

4. Exceptions. Repair and service of industrial vehicles and

equipment and of heavy trucks; towing and vehicle storage;

vehicle wrecking; salvage; body work (that does include any

outdoor storage of parts or vehicles) are classified as Industrial

Service.

I. Vehicle Service, Limited

1. Characteristics. Limited Vehicle Service uses provide direct

services to motor vehicles where the driver or passengers

generally wait in the car or nearby while the service is

performed.

2. Accessory Uses. Accessory uses may include auto repair and

tire sales.

3. Examples. Examples include full-service, mini-service and

self-service gas stations; car washes; and quick lubrication

services.

4. Exceptions. Truck stops are classified as Industrial Service.

Refueling facilities for vehicles that belong to a specific use

(fleet vehicles) are considered accessory uses if they are

located on the site of the principal use.

5. Specific Use Standards.

a. Fuel Station for Motor Vehicles. Motor vehicle fuel

stations or fuel sales (not including truck stops) may be

permitted in accordance with the Use Table in Section

5.1 and the following standards and criteria:

(1) Any establishment with an outdoor speaker

system must be located at least 100 feet from

any residential use or district;

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-34

(2) All parking and internal drive areas shall be

paved;

(3) Drains from vehicle wash or cleanup stands

shall be connected to the public sanitary sewer

system in accordance with the serving utility's

specifications;

(4) The site shall front at least a collector street;

(5) Pump islands for gasoline service stations shall

have a minimum required setback of 20 feet

from the right-of-way; and

(6) In the Neighborhood Business and General

Business districts, the number of pumps shall

be limited to service for a maximum of eight

vehicles (4 pumps) at a time.

5.2.5 Industrial Use Categories

A. Industrial Service

1. Characteristics. Industrial Service firms are engaged in the

repair or servicing of industrial, business or consumer

machinery, equipment, products or by-products. Firms that

service consumer goods do so by mainly providing centralized

services for separate retail outlets. Contractors and building

maintenance services and similar uses perform services off-

site. Few customers, especially the general public, come to the

site.

2. Accessory Uses. Accessory activities may include offices,

parking, employee day care, and storage. Lounges,

restaurants and other services that are part of a truck stop are

considered accessory to the truck stop.

3. Examples.

a. Light Industrial - welding; machine shop; tool repair;

electric motor repair; repair of scientific or professional

instruments; towing/ vehicle storage; heavy truck

service/ repair; truck stop; general and other

contractors; building, heating, plumbing or electrical

contractors; exterminator; janitorial/ business

maintenance services; research/ development

laboratory; vehicle repair and vehicle body work (that

does not include outdoor storage of parts or vehicles);

recycling operations (that have limited or no outdoor

storage).

b. Heavy Industrial - Sales, repair, storage, salvage or

wrecking of heavy machinery, metal and building

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-35

materials; auto and truck salvage and wrecking; auto

and truck body shop; tire retreading or re-capping;

recycling operations; fuel oil distributors; solid fuel

yards; laundry, dry-cleaning, or carpet cleaning plants.

4. Exceptions. Contractors and others who perform services off-

site are included in the Office category, if equipment and

materials are not stored at the site and fabrication or similar

work is not carried on at the site.

5. Specific Use Standards.

a. Fuel Stations for Heavy Trucks (Truck Stop)

(1) Shall front an arterial or major collector

roadway;

(2) Located a minimum 500 feet from any

residential use or district, office and

professional use or district, neighborhood

business district;

(3) Drains from vehicle wash or cleanup stands

shall be connected to the public sanitary sewer

system in accordance with the serving utility's

specifications;

(4) Landscape buffering requirement of 30 feet

along the right-of-way and 20 feet adjacent to

other land uses; and

(5) Overnight Truck Parking is limited to a

maximum of 50 spaces per Truck Stop

location.

B. Manufacturing and Production

1. Characteristics. Manufacturing and Production firms are

involved in the manufacturing, processing, fabrication,

packaging or assembly of goods. Natural, man-made, raw,

secondary or partially completed materials may be used.

Products may be finished or semi-finished and are generally

made for the wholesale market, for transfer to other plants or

to order for firms or consumers. Goods are generally not

displayed or sold on site, but if so, they are a subordinate part

of sales. Relatively few customers come to the manufacturing

site.

2. Accessory Uses. Accessory activities may include offices,

cafeterias, parking, employee day care, employee recreational

facilities, warehouses, storage yards, repair facilities, truck

fleets and caretaker's quarters.

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-36

3. Examples.

a. Light Industry. Custom woodworking and cabinet

making, printing, publishing, lithography, movie

production, sign making, mulch and other wood

products manufacturing, and other manufacturing

processing, craft beverage or distilled spirit production;

fabrication, packaging or assembly of goods (Light

Industrial uses) where processes and equipment

employed and goods processed are limited to those

which are not objectionable by reason of odor, dust,

smoke, cinders, gas fumes, noise, vibration, refuse

matter or water-carried waste.

b. Heavy Industry. Processing of food and related

products; craft beverage or distilled spirit production;

slaughterhouses and meat packing; weaving or

production of textiles or apparel; lumber mills, pulp and

paper mills. and other wood products manufacturing;

production of chemical, rubber, leather, clay, bone,

plastic, stone or glass materials or products; concrete

batching and asphalt mixing; production or fabrication

of metals or metal products including enameling and

galvanizing; manufacture or assembly of machinery,

equipment, instruments, including musical

instruments, vehicles, appliances, precision items and

other electrical items; production of artwork and toys;

and production of prefabricated structures, including

manufactured homes.

4. Exceptions.

a. Manufacturing of goods to be sold primarily on-site and

to the general public are classified as Retail Sales and

Service.

b. Manufacture and production of goods from composting

organic material is classified as Waste-Related uses.

c. Printing, publishing and sign-making operations where

there is no outdoor component or outdoor storage

associated with such use are classified as retail sales

and service and are permitted in the GB, and HB

zones.

5. Specific Uses Standard. Craft Beverage/ Distilled Spirit

Production/Storage. Craft beverage or distilled spirit

production/storage, including breweries, distilleries, rickhouses

and wineries are subject to the following Specific Use

Standards:

a. Must adhere to all applicable local and state alcoholic

beverage control license requirements;

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-37

b. The use and any associated use on the property shall

only serve alcohol by the drink or sell packaged

alcohol in accordance with the underlying zoning

requirements;

c. Production activities and the area devoted to such

activities may be in conjunction with an on-site tasting

room;

d. Parking shall be provided in accordance with the

requirements for a restaurant as outlined in Section

4.6.8.E.1 of this Ordinance;

e. All processing, production, manufacturing, distilling,

brewing, bottling associated with such distillery shall

be located within a fully enclosed building;

f. Outdoor storage of materials, equipment, or supplies

associated with such use is not allowed, unless

otherwise allowed by the underlying zoning; and

g. All loading and unloading areas shall be oriented

away from public streets.

h. Craft Beverage or Distilled Spirit Storage in the

Unincorporated Area of Boyle County - A Conditional

Use Permit is required in the Agriculture (AG) district

for Craft Beverage or Distilled Spirit Storage prior to

use or construction of the storage only structures.

Craft Beverage or Distilled Spirit Storage facilities

shall not be located on Agriculture tracts of property

less than 20 acres in size. Prior to the approval of a

Conditional Use Permit hereunder, the BOA must

consider the impact of the proposed use upon

surrounding properties so that the character of the

area is protected. This type of establishment shall not

alter the agricultural or residential character of the

proposed area. Any Conditional Use Permit request

shall meet the mandatory requirements set out in KRS

100.237, Section 3.8 of this Ordinance, as well as the

following standards:

(1) Craft Beverage or Distilled Spirit Storage in the

Unincorporated Area of Boyle County are

permitted in the Agriculture District only after

obtaining a Conditional Use Permit from the

Board of Adjustments;

(2) The portion of the property to be developed

shall not be located within a floodplain or

naturally sensitive area;

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-38

(3) Measures must be taken to ensure that all Craft

Beverage or Distilled Spirit Storage in the

Unincorporated Area of Boyle County is

undertaken in a manner which minimizes

increased traffic congestion on existing streets,

roads and intersections. All developments shall

be located on at least a collector road/street

and have a pavement width of at least 18 feet

and should be improved with shoulders at least

three feet in width;

(4) At the time of the filing of any application for a

Building Permit and/or Zoning Permit, public

water lines and hydrants shall be available to

the site sufficient to meet the fire protection

standards in accordance with the following: All

property located within the designated City of

Danville Utility Service Area: 600 gallons per

minute at 20 pounds of residual pressure. All

property located outside the designated City of

Danville Utility Service Area: 300 gallons per

minute with 20 pounds of residual pressure. In

lieu of meeting these requirements, an

alternative fire protection plan, prepared by a

professional engineer meeting the appropriate

specifications of NFPA 13, 750 and/or 1142,

may be approved by the appropriate Fire

Department;

(5) The maximum size of any single structure shall

not exceed a footprint of 40,000 square feet,

excluding stairwells and open docks, and shall

not exceed 60 feet in height;

(6) All structures shall be setback a minimum of

200 feet from property lines. All structures shall

be at least 500 feet from any residential use or

district;

(7) Craft Beverage or Distilled Spirit Storage in the

Unincorporated Area of Boyle County shall not

be located nearer than 1,000 feet from any

church, synagogue, or other permanent place

of worship, licensed day care center, public or

private elementary, middle, or secondary

school, institution of higher learning, or

business college, or any park, mall, or park-like

area of open space under the control of a

governmental agency. The setback distance

may be increased by the Board of Adjustments

as determined to be necessary to assure

compatibility with other land uses depending

on case-specific factors;

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-39

(8) At least 50 percent of the property shall be

dedicated to agricultural uses as defined in

KRS 100 and/or preserved as a conservation

area; and

(9) Outdoor storage of materials, equipment, or

supplies associated with such use is not

allowed, unless otherwise allowed by the

underlying zoning.

C. Above Ground Storage Tanks

1. Characteristics. All tanks consisting of at least 1,000 gallons

located on site and above grade and containing either

flammable or hazardous substances shall be included in this

category.

2. Accessory Uses. Storage buildings and fences.

3. Examples. Gasoline or diesel fuel tanks, crude oil tanks, or

propane tanks.

4. Exceptions. Tanks containing only water are exempt.

5. Specific Use Standards. Any above ground storage tank

must be located a minimum of 1,000 feet from any residential

use or district.

D. Warehouse and Freight Movement

1. Characteristics. Warehouse and Freight Movement firms are

involved in the storage or movement of goods for themselves

or other firms. Goods are generally delivered to other firms or

the final consumer, except for some will-call pickups. There is

little on-site sales activity with the customer present.

2. Accessory Uses. Accessory uses may include offices,

employee day care, truck fleet parking and maintenance areas.

3. Examples. Examples include separate warehouses used by

retail stores such as furniture and appliance stores; household

moving and general freight storage; cold storage plants,

including frozen food lockers; storage of weapons and

ammunition; major wholesale distribution centers; truck or air

freight terminals; bus barns; parcel services; major post offices;

grain terminals; and train switch yards or freight yards.

4. Exceptions.

a. Uses that involve the transfer or storage of solid or

liquid wastes are classified as Waste-Related uses.

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-40

b. Mini-warehouses are classified as Self-Service

Storage uses.

5. Specific Use Standards. A Conditional Use Permit is required

for storage facility for weapons, ammunition, explosives, or

similar materials and any such facility must be located a

minimum of 500 feet from any structure and 1,000 feet from

any residential use or district.

E. Waste-Related

1. Characteristics. Characterized by uses that receive solid or

liquid wastes from others for disposal on the site or for transfer

to another location, uses that collect sanitary wastes or uses

that manufacture or produce goods or energy from the

composting of organic material.

2. Accessory Uses. Accessory uses may include recycling of

materials, offices and repackaging and transshipment of by-

products.

3. Examples. Examples include sanitary landfills, waste

composting, energy recovery plants, sewage treatment plants,

hazardous-waste-collection sites, transfer station, construction

and demolition debris landfill.

4. Exceptions.

a. Disposal of dirt, concrete, asphalt and similar non-

decomposable materials is considered fill.

b. Recycling collection centers are considered Industrial

Service (Heavy).

c. Mulch or wood operations are considered Industrial

Manufacturing and Production.

5. Specific Use Standards.

a. Waste Land Spreading or Land Farming Operations:

(1) Must meet all applicable state and federal

regulations; and

(2) Must obtain a Conditional Use Permit.

F. Wholesale Sales

1. Characteristics. Wholesale Sales firms are involved in the

sale, lease or rent of products primarily intended for industrial,

institutional or commercial businesses. At least 50 percent of

the gross area of the structure is devoted to the storage of

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-41

materials. The uses emphasize on-site sales or order taking

and often include display areas. Businesses may or may not

be open to the general public, but sales to the general public

are limited. Products may be picked up on-site or delivered to

the customer.

2. Accessory Uses. Accessory uses may include offices, product

repair, warehouses, parking, minor fabrication services and

repackaging of goods.

3. Examples. Examples include sale or rental of machinery,

equipment, building materials, special trade tools, welding

supplies, machine parts, electrical supplies, janitorial supplies,

restaurant equipment and store fixtures; mail order houses;

agriculture sales such as fertilizer, and wholesalers of food,

clothing, auto parts, building hardware.

4. Exceptions.

a. Firms that engage primarily in sales to the general

public or on a membership basis are classified as

Retail Sales and Service.

b. Firms that are primarily storing goods with little on-site

business activity are classified as Warehouse and

Freight Movement.

5.2.6 Other Use Categories

A. Agriculture

1. Characteristics. Agriculture includes activities that primarily

involve raising, producing or keeping plants or animals.

2. Accessory Uses. Accessory uses include accessory

structures, fences and accessory apartments.

3. Examples. Examples include breeding, raising, or limited

processing of fowl or other animals; dairy farms; livestock

auctions; confined animal feeding operation; stables; riding

academies; farming, truck gardening, forestry, tree farming;

wholesale plant nurseries; and Agritourism uses permitted

under KRS 247.800. A single family dwelling is permitted in

the Agricultural District.

4. Exceptions.

a. Uses involved in the processing of animal or plant

products, except limited meat or poultry processing,

are classified as Manufacturing and Production.

b. Greenhouses and Nurseries that are oriented to retail

sales are classified as Retail Sales and Service.

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-42

5. Specific Use Standards.

a. Confined Animal Feeding Operation and

Consignment Livestock Auctions

(1) Separation Standards:

(a) No confined animal feeding operation

(including livestock barn, poultry

house, lagoon or land application area)

or consignment livestock auction

facility shall be located within 750 feet

of the boundary of any residential use

or district; and

(b) No confined animal feeding operation

(including livestock barn, poultry house

or lagoon) or consignment livestock

auction facility shall be located within

1,000 feet of an existing residence,

school or park.

(2) Measurements. The separation distances

established in this Section shall be measured

from the perimeter of the animal holding pin

feedlot, brooder house or animal waste area

lagoon to the nearest referenced boundary or

exterior wall of the principal structure

containing the referenced use.

(3) State Permit. All confined animal feeding

operations shall acquire and maintain a valid

permit from the Commonwealth of Kentucky.

b. Roadside Stands. Roadside stands offering for sale

only agricultural products produced on the premises, or

on premises owned by the same person. Such stands

shall be located at least 10 feet from the established

right-of-way.

c. Agritourism

(1) Agritourism uses permitted under KRS

247.800 are permitted in the Agriculture District

only after obtaining a Conditional Use Permit

from the Board of Adjustments, as well as

certification as an agritourism business through

the Kentucky Department of Agriculture.

Agritourism uses are defined as any

agricultural, horticultural or agribusiness

operation for the purpose of enjoyment,

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-43

education or active involvement in the activities

of the farm, ranch or operation;

(2) Applications for a Conditional Use Permit for

any agritourism use must include an exhibit

showing the location of all existing and

proposed buildings, structures and parking

areas, as well as the location of any outdoor

activity area and all other uses associated with

the agritourism business; days and hours of

operation for the proposed use; and a list of all

uses to be conducted on the property; and

(3) All agritourism uses permitted under KRS

247.800 are subject to the following

regulations: An application for a Building

Permit shall be submitted to and approved by

the Building Inspector for all buildings and

structures associated with any agritourism use

prior to utilizing the property for such use; all

buildings or structures associated with any

agritourism use (excluding those utilized for

livestock, poultry, farm machinery, grain, hay,

crop storage or wine production) shall meet

any and all applicable commercial building

regulations, as directed by the Building

Inspector, prior to utilizing the property for such

use; all buildings and structures associated

with any agritourism use shall be at least 50

feet from any property line when located

adjacent to any residential district, use or

structure; all travelways and parking areas

shall be surfaced with a hard and durable

material and properly drained; any outdoor

area(s) used for music, bands or other similar

noise-generating activity shall be located a

minimum of 250 feet from any residential

district, use or structure; and agritourism uses

may be subject to the Traffic Impact Study

requirements as outlined Article 3 of this

Ordinance.

d. Limited Meat or Poultry Processing.

(1) Limited processing/slaughter of fowl or

livestock is permitted in the Agriculture District

by first obtaining a Conditional Use Permit.

Limited processing shall be defined as the

slaughter, processing, or storage of not more

than 50,000 small fowl (including quail, rabbits,

and cavies) or 1,000 large fowl or livestock

(including ostrich, beef cattle, deer, and hogs)

per year; and

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-44

(2) Any limited processing operation must obtain

approval from all applicable federal, state, and

local agencies, including, but not limited to the

Health Department, Fire Department, Kentucky

Division of Water, and U.S. Department of

Agriculture.

B. Aviation and Surface Passenger Terminals

1. Characteristics. Aviation and Surface Passenger Terminals

includes facilities for the landing and takeoff of flying vehicles,

including loading and unloading areas. Aviation facilities may

be improved or unimproved. Aviation and Surface Passenger

Terminals also includes passenger terminals for aircraft,

regional bus service and regional rail service.

2. Accessory Uses. Accessory uses include freight handling

areas, concessions, offices, parking and maintenance and

fueling facilities.

3. Examples. Examples include airports, bus passenger

terminals for regional bus service, railroad passenger stations

for regional rail service and helicopter landing facilities.

4. Exceptions.

a. Bus and rail passenger stations for sub-regional

service such as mass transit stops are classified as

Basic Utilities.

b. Private helicopter landing facilities that are accessory

to another use, are considered accessory uses.

However, they are subject to all the regulations and

approval criteria for helicopter landing facilities.

c. Private landing strips which comply with FAA

regulations and which contain at least 1,500

contiguous acres are exempted from the requirements

of this Zoning Ordinance per Kentucky Revised

Statutes.

5. Specific Use Standards. The location, size and plans for all

aviation facilities and their operational features shall be

approved by the Kentucky Airport Zoning Commission and the

Federal Aviation Administration.

C. Burial Related Use

1. Characteristics. Land used for the burial or cremation of the

dead (both human and animal) including cemeteries,

columbaria, storage vaults mausoleums and crematories.

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-45

2. Accessory Uses. Accessory uses may include mortuaries,

crematories, chapels, offices, parking, monument sales and

maintenance facilities.

3. Examples. Examples include commercial cemeteries,

columbaria, storage vaults mausoleums, crematories and

mortuaries.

4. Exceptions. Commercial cemeteries, crematories and

mortuaries that are accessory uses to a Funeral Home are

classified as Retail Sales and Service.

5. Specific Use Standards. Grave sites, storage vaults and any

other structure must be located a minimum of 20 feet from any

property line. Commercial cemeteries and crematories must be

located a minimum of 100 feet from any residential district, use

or structure. Burial-Related uses must be located outside the

floodplain.

D. Merchant Electric Generating Facility

1. Characteristics. Merchant Electric Generating Facility. A

merchant electric generating facility is one that is capable of

operating at an aggregate capacity of at least 10 megawatts,

and which sells the electricity it produces in the wholesale

market at rates not regulated by the Public Service

Commission (PSC).

2. Accessory Uses. Accessory uses may include parking and

control, monitoring, data or transmission equipment

3. Examples. Examples include wind and solar electricity-

generating facilities.

4. Exceptions. Utility storage facilities are classified as

Warehouse and Freight Movement.

5. Specific Use Standards. Wind and solar electricity-

generating facilities must be located a minimum of 500 feet

from any residential district, use or structure.

E. Mining and Pipelines

1. Characteristics. Mining includes mining or extraction of

mineral or aggregate resources from the ground for off-site

use. Hazardous Liquids Pipelines shall include crude oil,

petroleum, natural gas liquids, anhydrous ammonia, and

carbon dioxide.

2. Accessory Uses. Accessory uses include storage, sorting,

stockpiling or transfer off-site of the mined material,

aboveground maintenance activities such: as pump station

machinery, start-up and shut-down activities, heat exchangers

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-46

or other equipment emissions, relief valves, and backup power

generators.

3. Examples. Examples include quarrying or dredging for sand,

gravel or other aggregate materials; mining; oil, gas or

geothermal drilling; stockpiling of sand, gravel and other

aggregate materials; and hazardous pipelines (containing

crude oil, petroleum, natural gas liquids, anhydrous ammonia,

and carbon dioxide)

4. Exceptions. Uses that involve the transfer or storage of solid

or liquid wastes are classified as Waste-Related uses.

5. Specific Use Standards.

a. Oil or Gas Production, Storage

(1) Structure Location. The drilling of oil wells and

placing of well structures may be permitted

except where such well or well structure or

pipeline or related equipment connecting

thereto would create hazardous conditions on

the adjacent and abutting properties;

(2) Equipment on Site. Only that equipment

required for production shall remain on the

premises;

(3) Storage Tanks and other Structures. In the

event production is obtained, the oil storage

tank battery shall be erected within the

confines of a concrete or earthen retention wall

designed in such a manner that the area inside

the retention wall would retain the total volume

of the tanks located therein. The storage tank

battery shall be completely enclosed by a

suitable all-metal wire fence of a sufficiently

strong and close-mesh construction that it will

not be penetrable by domestic animals or

children. In no event shall such tank battery be

located nearer than 1,000 feet from any

residence dwelling or nearer than 500 feet from

any combustible structure. This setback

requirement shall also be required for any

above-ground structures related to oil or gas

production, storage or distribution; and

(4) Any oil or gas well site shall comply with the

requirements of the Kentucky Cabinet for

Natural Resources and Environmental

Protection.

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-47

b. Hazardous Liquids Pipelines

(1) Any pipeline constructed or converted to

transport hazardous liquids under pressure

shall obtain a conditional use permit as shown

in the Use Table in Section 5.1, Use Table. This

section does not apply to piping within the

boundaries of a manufacturing facility or a gas

or service station, nor to public facilities or

public utility facilities as provided in KRS

100.324;

(2) An applicant for a Conditional Use Permit shall

describe all measures proposed to be taken to

assure compatibility of proposed use of the

pipeline for transportation of hazardous liquids

with the surrounding land uses, considering;

Noise and odor from aboveground pipeline

operation and maintenance activities such as

pump station machinery, start-up and shut-

down activities, heat exchangers or other

equipment emissions, relief valves, backup

power generators, and other sources of noise

or odor; Impacts on existing and proposed

roads and other infrastructure, including water

and wastewater infrastructure; Proximity to

industrial areas where manufacturing

processes involve storage of flammable liquids

or gases, toxic chemicals, explosives, or other

hazardous substances that could be

compromised as a result of an accident;

Proximity to institutional facilities such as

schools, daycare facilities, hospitals, nursing

homes, jails and prisons; Proximity to public

safety and emergency response facilities;

Proximity to current or planned places of mass

public assembly; and Proximity to cultural,

historic, and natural resources of significance;

and Proximity to and impacts on prime or

significant farmland;

(3) Hazardous Liquids Pipelines will not be located

nearer than 1,000 feet from any church,

synagogue, or other permanent place of

worship, licensed day care center, public or

private elementary, middle, or secondary

school, institution of higher learning, or

business college, or any park, mall, or park-like

area of open space under the control of a

governmental agency. The setback distance

may be increased by the Board of Adjustments

as determined to be necessary to assure

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-48

compatibility with other land uses depending

on case-specific factors such as pipeline

diameter, pressure and the characteristics of

the substances being transported by the

pipeline;

(4) Hazardous Liquids Pipelines will not be located

nearer than 1,000 feet from any area zoned

RR, RS1, RM2, RM3, RM4, NB, GB, CB, HB,

OP or P. The setback distance may be

increased by the Board of Adjustments as

determined to be necessary to assure

compatibility with other land uses depending

on case-specific factors such as pipeline

diameter, pressure and the characteristics of

the substances being transported by the

pipeline;

(5) No new or converted Hazardous Liquids

Pipelines shall be located with 1,000 feet from

any occupied dwelling in any zoning district

classified as Agriculture (AG). The setback

distance may be increased by the Zoning

Director as determined to be necessary to

assure compatibility with other land uses

depending on case-specific factors such as

pipeline diameter, pressure and the

characteristics of the substances being

transported by the pipeline, and subject to the

Planning Commission’s subsequent approval

of a corresponding Site Plan;

(6) Outdoor storage of materials, equipment, or

supplies associated with such use is not

allowed, unless otherwise allowed by the

underlying zoning;

(7) Storage tanks and other above ground

structures (such as but not limited to: power

sub-stations, compressors, valves and

transmission or distribution structures) shall be

erected within the confines of a concrete or

earthen retention wall designed in such a

manner that the area inside the retention wall

would retain the total volume of the tanks and

other above ground structures located therein.

The area containing storage tanks and other

above ground structures shall be completely

enclosed by a suitable all-metal wire fence of a

sufficiently strong and close-mesh construction

that it will not be penetrable by domestic

animals or children. In no event shall such tank

battery be located nearer than 1,000 feet from

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-49

any residence dwelling, use or district, or

nearer than 500 feet from any combustible

structure located on the property;

(8) A Building and Zoning Permit is required for

Hazardous Liquid Pipeline prior to

commencement of the use; and

(9) Hazardous Liquid Pipelines and accessory

facilities in legal existence on the effective date

of this Zoning Ordinance that are not in

conformity with this section may remain in

place. Unless otherwise permitted by this

Zoning Ordinance, no new Hazardous Liquid

Pipelines or accessory facilities may be

erected or constructed unless all provisions of

this Section are met.

c. Quarry or Gravel Pit or Mining Operation

(1) Quarries and gravel pits may be established in

accordance with the Use Table in Section 5.1,

provided that any building housing power or

power-producing machinery or equipment

when adjacent to a residential use or zoning

district, shall be located so as to provide a

minimum side and rear yard of 1,000 feet;

(2) Any site must comply with the requirements of

the Kentucky Cabinet for Natural Resources

and Environmental Protection; and

(3) The area containing storage tanks and other

above ground structures shall be completely

enclosed by a suitable all-metal wire fence of a

sufficiently strong and close-mesh construction

that it will not be penetrable by domestic

animals or children. All permanent security

fencing at least 6 feet in height along the

perimeter of the property.

F. Telecommunications Facilities

1. Characteristics. Telecommunications facilities includes all

devices, equipment, machinery, structures or supporting

elements necessary to produce or provide wireless, over-the-

air, or cellular telephone communications. Facilities may be

self-supporting, guyed, mounted on poles, other structures,

light posts, power poles or buildings. Facilities shall also

include intertie and interconnection translators, connections

from over-the-air to cable, fiber optic or other landline

transmission system.

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-50

2. Accessory Uses. Accessory uses may include transmitter

facility buildings, and telecommunication shelters.

3. Examples. Examples include attached telecommunications

facilities, telecommunications support towers, point-to-point

microwave towers, and ground mounted switch boxes.

4. Exceptions.

a. Receive-only antennas are not included in this

category and amateur radio facilities that are owned

and operated by a federally licensed amateur radio

station operator are not included in this category.

b. Radio and television studios are classified in the Office

category. Radio and television broadcast facilities that

are public safety facilities are classified as Basic

Utilities.

c. Ground-mounted telephone switch boxes not

exceeding 2 feet in height are classified as Basic

Utilities.

5. Specific Use Standards.

a. Telecommunication Towers and Accessory Facilities.

The purpose and intent of this section are to avoid

potential damage to adjacent properties from

transmission tower collapse and falling ice through

engineering and careful locating of transmission tower

structures, and to maximize use of any new

transmission tower and to encourage the co-location

and clustering of new transmission towers in order to

reduce the number of towers and tower sites needed.

b. The provisions of this section shall apply to the

construction, erection, alteration, use, and location of

transmission towers and accessory facilities in all

zoning districts. Unless otherwise permitted by this

Zoning Ordinance, no new transmission tower or

accessory facility may be erected or constructed

unless all provisions of this Section and the

requirements of the Kentucky Revised Statutes and the

Kentucky Public Service Commission are met.

c. The following minimum standards shall be met in the

approval of a Building Permit: All self-supporting and

guyed telecommunication towers shall be set back

from the property line a minimum of 60 percent of the

overall height of the tower; All telecommunication

towers shall be set back from any residential district a

minimum of 1,000 feet and any residential structure or

use a minimum of 500 feet; and accessory facilities

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-51

shall also comply with the setback standard of the

district in which it is located;

d. Existing on-site vegetation shall be preserved to the

maximum extent practicable and the site shall

otherwise comply with the landscaping provisions of

the underlying zoning district;

e. Towers shall not be artificially lighted unless required

by the Federal Aviation Administration or appropriate

State authority;

f. Accessory facilities may not include offices, long-term

vehicle storage, other outdoor storage or broadcast

studios, except for emergency purposes, or other uses

that are not needed to send or receive transmissions;

g. The proposed use shall be consistent with applicable

Federal and State regulations and shall have secured

and submitted copies of compliance with these

regulations;

h. An application for approval of a new

telecommunication tower shall include all items

required for a Uniform Application by the Kentucky

Revised Statues;

i. Unless otherwise required by state or federal

regulations, all telecommunication towers shall be

white or light gray in color; and

j. It is the intent of these regulations to encourage the co-

location and clustering of multiple towers and their

antennas and accessory facilities and to discourage

the use of individual transmission towers and

accessory facility sites. Therefore, more than one

transmission tower and accessory structures will be

permitted under these regulations on a single tract of

land not withstanding any other provision of this Zoning

Ordinance, provided they meet all of the required

location standards.

SEC. 5.3 TEMPORARY USES

5.3.1 Temporary Construction Unit

Temporary construction units may be permitted in accordance with the Use

Table in Section 5.1 and the following requirements:

A. A temporary construction unit may be located within the districts shown

on the Use Table following the issuance of a Building and Zoning

Permit for construction upon the parcel where the temporary

construction unit is to be located.

Article 5

-----------------------------------------------

Use Regulations

Boyle County/Joint Zoning Ordinance

---------------------------------------------------

5-52

B. The temporary construction unit shall be removed from such parcel

within 30 days of occupancy of the building or facility constructed

pursuant to such building permit or within 30 days after the termination

or expiration of such building permit, whichever shall first occur.

5.3.2 Model Homes

Residential units constructed and established for sales display in a residential

subdivision may be temporarily used as an office for the subdivision developer,

homebuilder, or other accessory sales purposes. The unit must revert to its

intended residential use before or upon completion of units on 75 percent of

the subdivision lots.

5.3.3 Other Temporary Uses

The following temporary uses, that involve no permanent structures, shall

require a Temporary Use Zoning Permit from the Planning Commission.

A. Festivals, sporting events, carnivals, circus, music events, concerts,

product vending, food-trucks or any other similar use which may be

located on a property for no greater than seven (7) consecutive days.

B. The sale of seasonal materials, including but not limited to, Christmas

trees, Halloween costumes, fireworks and other similar seasonal

materials which may be located on a property greater than seven (7)

consecutive days; shall also be required to be located within an

appropriate commercial zoning classification.

1. Each Temporary Use Zoning Permit shall be reviewed based

on number of possible attendees, distance from residential

structures or zoning districts, and the length of the proposed

temporary use to impose any necessary and reasonable

conditions on the Temporary Use Zoning Permit.

2. Any proposed signage to be used in conjunction with the

temporary use shall be required to obtain a limited Temporary

Sign Permit from the Planning Commission.