Intent. The purpose of the Highway Commercial District is to
encourage major commercial concentration with easy highway access,
with sufficient controls.
Regulations. The use, height and area regulations of this article
and those regulations set forth elsewhere in this ordinance where
applicable to these sections and general regulations are the regulations
in the HC Highway Commercial District.
[Amended 5-13-2002 by Ord. No. 7-2002]
A building or land shall be used only for the following purposes:
1.
Principal Uses and Buildings.
a)
Retail stores and service establishments.
b)
Fully enclosed restaurants and drinking establishments.
c)
General business and professional offices.
d)
Banks/savings and loans, including drive-in facilities.
e)
Motels.
f)
Gasoline service stations and auto repair garages provided:
(1)
That except for gasoline and oil sales, changing of tire or
other minor services, all repair work shall be carried on in fully
enclosed structures.
(2)
That equipment or parts including junk vehicles shall not be
stored outdoors.
(3)
That all gasoline and similar substances shall be stored underground
at least 25 feet from any property line other than a street line.
No gasoline pump shall be erected within 20 feet of any street or
property line.
g)
Municipal uses.
h)
Public utilities.
i)
Public or private schools.
j)
Self-storage facilities, warehouse and distribution centers.
k)
Recreation uses.
l)
Contractor, craftsmen or general service shop but not limited
to plumbing, electric, heating, masonry, welding businesses.
m)
Movie theaters wholly contained within a building
n)
New/used auto dealers, with or without service areas
o)
Places of worship.
p)
All currently existing residential uses occupied as by the date
of this ordinance.
q)
Communications structures.
r)
Home occupations.
[Added 11-9-2020 by Ord. No. 4-2020]
2.
Accessory Uses. Any use and building reasonably and customarily incidental
to any of the principal uses permitted, provided they do not create
conditions detrimental to the health, safety or general welfare of
the community.
[Amended 5-13-2002 by Ord. No. 7-2002]
1.
In General.
a)
Lot Size: 30,000 square foot minimum, all uses.
b)
Lot Width and Frontage: 150 feet minimum, all footage measured
at building setback line.
c)
Lot Depth: All uses, 200 feet minimum.
d)
Lot Coverage: All uses, 65% maximum impervious surface.
e)
Front yard setback: All uses, 50 feet minimum.
f)
Side yard setback: 15 feet minimum.
g)
Rear yard: twenty-five foot minimum.
h)
Height: All uses 35 feet height maximum.
i)
Distance between two or more buildings on the same lot: 25 feet
minimum.
2.
Area, Bulk and Other Requirements for Communications Structures.
a)
Proof of need and minimal impact. The applicant is required
to demonstrate that the development requested is the minimal development
necessary to provide adequate communications. Included as part of
this requirement, the applicant shall demonstrate at least, but not
necessarily limited to, the following:
(i)
That the technology proposed is the least visually intrusive
of the various suitable technologies;
(ii)
That the design proposed is the least detrimental to migratory
birds and all wildlife in general;
(iii)
That the height of the communication structure
is the minimum necessary;
(iv)
That co-location of the communication structure elements on
other existing structures or that location at a less visible location
is either not practical in order to accomplish the goals of the applicant
proposing the construction of the communications structure, or that
the visual impact to the community on the proposed site is less than
would exist at such alternative locations;
(v)
That the use of the most recent technology would not eliminate
the need for the proposed antenna.
b)
Required Minimum Setbacks.
(i)
Each setback from any communications structure, antenna, together
with accessory structures mounted thereon, in the (HC) Highway Commercial
District, shall be a minimum distance equal to the overall height
of the communications structure, antenna(e) and accessory structures
above grade at the base of the structure plus the setbacks otherwise
applicable in the (HC) Highway Commercial District;
(ii)
Buildings accessory to communications structures and other related
accessory structures or equipment shall be subject to the applicable
building setback requirements in the (HC) Highway Commercial District.
c)
Accessory Structure Heights.
(i)
Buildings accessory to communications structures and other related
accessory structures or equipment shall be subject to the applicable
building height limitations in the (HC) Highway Commercial District.
e)
Lighting and Aviation Warning.
(i)
To the extent permitted by applicable Federal or State regulations,
where lighting and/or warning of a communications structure to aircraft
is required, applicants are expressly limited to the use of red lights
and paint. The use of medium or high intensity strobe lighting or
dual lighting configurations is prohibited. This prohibition is in
accordance with § 16.2 entitled "Prohibited Uses All Districts".
f)
Mitigation of Visual Impact.
(i)
The base of the communication structure support structure and
any related structures and equipment shall be screened from the street
and adjacent properties in a manner acceptable to the Board. If deemed
necessary by the Board to mitigate the visual impact of the communication
structure and related structures and equipment, the color, materials
and design of a portion of, or the entire communication structure
and related structures and equipment shall be required to be modified
in appearance so as to blend in with the surrounding environment,
as determined by the Board to be appropriate in the particular situation.
The foregoing may included, but shall not necessarily be limited to,
such modifications as special paint treatment, concealment or the
use of camouflage through simulated foliage so as to appear as a tree.
(ii)
Security fencing and landscape buffering may be required to
be placed around the base of the communication structure in a manner
acceptable to the Board.
g)
Principal Use on Lot.
(i)
The existence of a communication structure shall constitute
a principal use and principal structure and no other principal use
of principal structure shall be permitted on the lot.
h)
Design for Future Co-location.
(i)
Any proposed communication structure and related structures
shall be designed, structurally, electrically and in all respects,
to accommodate both the applicant's antenna(e) and comparable antenna(e)
for at least two additional users. The communications structure and
related structures shall be designed for future rearrangement of antennas
and to accept antennas mounted at varying heights. If the foregoing
design for co-location requires additional antenna height beyond that
necessary for a single-user installation or beyond that permitted
above, the Board, in determining the acceptable design, shall balance
the benefits and probability of co-location against any detriments
resulting from such additional antenna height. If and when there are
three or more users on the communications structure, the same shall
be deemed a permanent structure and shall require on-site sanitary
facilities conforming with all applicable laws, rules or regulations.
(ii)
The foregoing requirements shall also include a letter of commitment
by the applicant, submitted prior to any approval by the Board, to
lease excess space on the facility to other potential users at reasonable
rental rates and on reasonable terms. The letter shall commit the
owner of the communication structure and related structures and equipment,
as well as any successors in interest.
i)
Compliance with Radiation Emission Standards.
(i)
The applicant shall demonstrate that the proposed communication
structure and related structures and equipment complies with all applicable
State and Federal regulations of electromagnetic radiation levels.
Thereafter, at least every two years after Planning Board approval,
the applicant shall demonstrate that the communication structure and
related structures and equipment continues to comply with such applicable
regulations.
j)
Abandonment; Removal.
(i)
All communications structures and related structures and equipment
shall be removed when same are unused or abandoned. Such removal shall
occur within six months of such lack of use or abandonment.
(ii)
A copy of the relevant portions of a signed lease which requires
the removal of the communication structure and related structures
and equipment upon cessation of operations shall be submitted at the
time of the application.
(iii)
In the event that the communication structure
and related structures and equipment are not removed as required,
such structures may be removed by the City of Corbin City and the
costs of same shall be assessed against the property.
k)
Objective.
(i)
The objective of this ordinance is to regulate communication
structures for land use and aesthetic reasons.
(ii)
Communication structures may cause a safety hazard if not position
and secured properly.
(iii)
Communications structures may be aesthetically
undesirable because they tend to be large in size and are becoming
more numerous. This concern is addressed by regulating the number,
location and placement of communications structures so as to minimize
the visual disturbance associated with their use.
(iv)
The conditions set forth in this ordinance are intended to address
these land use, structural safety and aesthetic concerns.
All uses principal and accessory within this district are subject
to Planning Board review.
See §§ 102-17.13 and 17.14.
See § 102-17.12.
1.
Official highway route number signs, street name signs, official
directional signs.
3.
Individual identification sign provided:
[Amended 4-10-2017 by Ord. No. 5-2017]
a)
For building mounted signs the total sign area shall not exceed
5% of the area of the building face fronting the street up to a maximum
of 16 square feet and shall related only to the use conducted on the
premises.
b)
That signs attached to a principal building may not be located
or project above the roof line or more than six inches beyond the
front wall of any structure.
c)
That only one freestanding sign shall be permitted on any single
property and shall be located not less than five feet from the front
property line.
d)
That freestanding signs to be located on poles or other similar
support should not exceed a maximum of 40 square feet.
e)
That such freestanding sign be landscaped at its base and maintained
by the owner of the property.
f)
That internal or external illumination is shielded to prevent
glare.
g)
That freestanding signs not exceed a height of 30 feet.
a)
No portion of any fence or wall shall be more than six feet In height
above finished grade in front, with no barbed wire, except that privacy
fences shall be allowed provided they are limited to the rear and
side line of the principal structure. Such fences shall not exceed
eight feet maximum on side and back and shall be constructed of materials
that are in architectural conformity with the principal building.
b)
No fences or walls shall be placed within 15 feet of a street corner.
[Amended 4-10-2017 by Ord. No. 5-2017]
