[Added 11-10-2020 by Ord. No. 20-04[1]]
[1]
Editor's Note: This ordinance also repealed former Art. IV,
General Provisions, as amended.
All existing and future structures and uses of premises within
the County shall conform to all applicable provisions of this chapter.
Each zoning district is established to permit only those uses specifically
listed as permitted, except as provided under the conditional use
provisions and is intended for the protection of those uses. No other
uses are permitted.
In all cases where the ownership of land is divided for the
purpose of eventual development of lots of any kind, residential,
commercial or industrial, the provisions of the Subdivision Regulations
shall apply in addition to the provisions of the Zoning Ordinance.[1] In all cases where applicable, the provisions of the access
standards manual, Ordinance No. 46, Series 1990 dated August 28, 1990,
shall apply in addition to the provisions of the subdivision regulations
and the Zoning Ordinance.[2]
Conditional uses may be permitted in districts as designated
under the zoning district regulations, but only when specifically
approved by the Board of Zoning Adjustment. All conditional uses shall
be subject to the following regulations:
A.
All districts. The following conditional uses only may be approved
in all zoning districts:
B.
Specified districts. Other conditional uses may be approved in only
those zoning districts where they are designated as conditional uses
under the zoning district regulations.
C.
Procedure. In applying for a conditional use permit, the applicant
shall submit an application to the Codes Administrator and follow
all procedures set forth in this section. The Codes Administrator
shall refer the application to the Board of Zoning Adjustment. The
Board of Zoning Adjustment shall hold a public hearing in accordance
with the provisions of Kentucky Revised Statutes, Chapter 424 and
KRS 100.237.
D.
Action. The Board of Zoning Adjustment may approve, modify or deny
any application for a conditional use permit. If it approves such
permit, it may attach necessary conditions such as time limitations,
requirements that one or more things must be done before such request
can be initiated, or conditions of a continuing nature. Any such conditions
shall be recorded in the Board's minutes and on the conditional use
permit, along with a reference to the specific section of this chapter
listing the conditional use permit for noncompliance with the conditions
thereof. Further, the Board shall have the right of action to compel
offending structures of uses removed at the cost of the violator and
may have judgment in personam for such costs.
E.
Filing. All conditional use permits approved by the Board of Zoning
Adjustments shall be kept on file in the office of the Planning Commission
and a Certificate of Land Use Restriction shall be recorded by the
Codes Administrator of the Board of Zoning Adjustments in the office
of the County Court Clerk at the expense of the applicant.
F.
Time limit. In any case where a conditional use permit has not been
exercised within the time limit set by the Board, or within one year,
if no specific time limit has been set, such conditional use permit
shall not revert to its original designation unless there has been
a public hearing held by the Board of Zoning Adjustment in accordance
with Kentucky Revised Statutes, Chapter 424 and KRS 100.237. "Exercised"
as set out in this section shall mean that binding contracts for the
construction of the main building or other improvements is under construction
to a substantial investment, is under contract, in development, or
completed. When construction is not a part of the use, "exercised"
shall mean that the use is in operation in compliance with the conditions
as designated in the permit.
G.
Exemptions. Granting of a conditional use permit does not exempt
the applicant from complying with all the requirements of building,
housing, and other codes and regulations.
H.
Review. The Codes Administrator shall review all conditional use
permits, except those for which all conditions have been permanently
satisfied, at least once annually and shall have the power to inspect
the land or structure where the conditional use is located in order
to ascertain that the landowner is complying with all of the conditions
which are listed on the conditional use permit. If the landowner is
not complying with all of the conditions listed on the conditional
use permit, the Codes Administrator shall report the fact in writing
to the Chairman of the Board of Zoning Adjustments. The report shall
state specifically the manner in which the landowner is not complying
with the conditions on the conditional use permit and a copy of the
report shall be furnished to the Chairman of the Board of Zoning Adjustments.
The Board shall hold a hearing on the report within a reasonable time
and notice of the time and place of the hearing shall be furnished
to the landowner at least one week prior to the hearing. If the Board
of Zoning Adjustments finds that the facts alleged in the report of
the Codes Administrator are true and that the landowner has taken
no steps to comply with them between the date of the report and the
date of the hearing, the Board may authorize the Codes Administrator
to revoke the conditional use permit and take the necessary legal
action to cause termination of activity on the land which the conditional
use permit authorizes.
I.
Permanent approval. Once the Board of Zoning Adjustment has completed
a conditional use permit and all the conditions required are of such
type that they can be completely and permanently satisfied, the Codes
Administrator, upon request by the applicant, may, if the facts warrant,
make a determination that the conditions have been satisfied and enter
the facts which indicate that the conditions have been satisfied and
the conclusion in the margin of the conditional use permit, which
is on file in the office of the Planning Commission. Thereafter, the
said use, if it continues to meet the other requirements of the regulations,
will be treated as a permitted use.
No person shall construct any building without water supply
and sewerage disposal facilities approved by the State Plumbing Inspector.
Wherever sewer mains are accessible, buildings shall be connected
to such mains. In every other case, individual water supply and sewerage
disposal facilities must meet the requirements set by the State Plumbing
Inspector. Such certificate of approval must accompany applications
for building permits and certificate of occupancy.
Townhouses shall be permitted in the R-3, Multifamily Residential
District, provided that the following requirements are met:
A.
For townhouse development a minimum of two acres, exclusive of streets
in single ownership or control shall be developed.
D.
Townhouse height, maximum building height: 35 feet.
E.
Townhouse minimum area requirement. No lot shall contain less than
2,000 square feet of land; however, there shall be a minimum open
area or play area of 1/2 acre per two acres or fraction thereof developed
exclusive of streets, public ways, parking areas, and any other nonresidential
uses. It shall be the responsibility of the developer to make the
necessary provisions for the perpetual maintenance of such open area
and parking area subject to the approval of the Planning Commission.
H.
Maximum area of a lot that can be covered by building floor area
shall be 40%.
Duplexes shall be permitted in the Residential-2 Two-Family Residential District and the Residential-3 Multifamily Residential District, provided that the area, height, bulk and placement regulations are met (see attached schedule of regulations, Article XXV).
A.
Zero lot line.
(1)
Each unit of a two-family dwelling (duplex) may be located on a separate
lot. In such case the minimum lot size and the minimum lot width for
each lot shall be 1/2 the respective dimensions required by the district
for a two-family dwelling and the minimum side yard for each unit's
non-common-wall side shall be equal to the minimum dimension required
by the district for a two-family dwelling (the common wall side yard
being zero by definition).
(2)
Application of zero lot line provisions will require special covenants
within the deeds of affected lots. Such covenants must respond to
issues unique to zero lot line dwelling units. These issues, among
others will include:
(a)
Exterior zero lot line building elements will involve maintenance
performed from an adjacent property, thereby necessitating maintenance
easements.
(b)
Common-wall dwelling units should generally correspond in architectural
style, color, scheme, etc, which may necessitate a perpetual design
control mechanism to define the individual rights and collective responsibilities
of affected property owners.
A.
Condominiums shall follow the requirements of the Kentucky Condominium
Act, KRS 381.9101 to 381.9207, as amended. Condominiums shall be permitted
in any commercial, industrial or multifamily residential zone.
B.
Condominium developments shall meet all yard, setback, area, lot
coverage, density, and parking requirements of the zone in which the
development is located.
C.
A copy of the condominium declaration and any restrictive covenants
shall be filed with the Code Department and the Planning Commission
office.
A.
Mobile homes on private lots.
(1)
Mobile homes are permitted as conditional uses in Residential-2,
Residential-3, and private lots in the Agricultural District. Such
mobile homes may be rented, leased or owner-occupied.
(2)
Lot requirements: The lot requirements for a mobile home on a private
lot shall be identical to the requirements established for a dwelling
in the zoning district in which the mobile home is located. The mobile
home shall be required to conform with all requirements established
by this chapter for a residential dwelling unit, in the district in
which the mobile home is located.
(3)
Building permit required: A building permit shall be required prior
to the location of a mobile home on a private lot.
(4)
Screening required: As a condition to the issuance of a building
permit, the owner of a mobile home shall agree to enclose the mobile
home in such a manner that the open space beneath the mobile home
is completely screened from view. Such enclosure shall be of a nondeteriorating
material. Failure to properly enclose a mobile home shall be cause
for revocation of the right to maintain the mobile home on a private
lot.
(5)
Mobile home supports: Mobile homes, when located on private lots,
shall be provided with a concrete foundation of a thickness and size
adequate to support the anticipated load during all seasons. Said
support shall consist of a concrete slab, concrete ribbons or concrete
piers. The proposed method of support shall meet the minimum standards
set for manufacturers and shall be approved by the County Engineer
prior to the building permit being issued. Failure to properly construct
the support shall be cause for revocation of the building permit until
such time that the concrete foundation passes inspection.
(6)
Tie-downs required: Mobile homes shall be equipped with tie-downs
intended to secure such units against movement.
(7)
Mobile homes: Each mobile home located on a private lot shall contain
a flush toilet, sleeping accommodations, a tub or shower bath, kitchen
facilities and plumbing and electrical connections designed to be
attached to appropriate external systems, in conformance with the
standards specified by the County Health Department, the ordinances
of Henderson County and the laws of the Commonwealth of Kentucky.
B.
Nonconforming mobile homes and mobile home parks. The lawful use
of a mobile home or mobile home park existing at a time of passage
of this chapter may be continued, although such uses may not conform
to the provisions of this chapter. The continuance of a non-conforming
mobile home or mobile home park shall be subject to the non-conforming
provisions of this chapter.
C.
Refer to § 15.11, Class A manufactured home.
Junkyards are permitted only as conditional uses in the Light
and Heavy Industrial Districts.
Within the area defined by the intersection of any two right-of-way
lines of streets or railroads and a straight line intersecting those
two right-of-way lines at points 30 feet from the intersection, no
obstruction to vision between a height of 2 1/2 feet and 12 feet
above the imaginary plane defined by those three points of intersection
are permitted.
The side yard requirement for all principal buildings on corner
lots shall be such that no corner building extends toward the side
street more than 10 feet beyond the setback line set for buildings
along the street to the corner lot.
Double-frontage lots shall, on both adjacent streets, meet the
front yard requirements of the district in which they are located.
No part of a yard required for any building may be included
as fulfilling the yard requirements for an adjacent building.
Unless granted a conditional use, an accessory building is prohibited
if any portion of that building lies in front of the principal building;
however, said accessory building is permitted in rear or side yards
according to dimension and area regulations, including, but not limited
to, Section 4.25 of this chapter.
Several types of structures and uses are permitted in all districts
even though they are not listed as permitted uses under the zoning
district regulations. These structures and uses must comply with Section
4.10 of this chapter and are listed as follows. No building permit
or certificate of occupancy required for:
A.
Local public utility distributing and collecting structures such
as pipes and transmission lines, transformers and meters. Large utility
structures such as electrical substations or gas pumping stations
are permitted only as conditional uses.
B.
Public streets and all official appurtenances necessary for traffic
direction and safety. All street and traffic control signs shall conform
to the code established and adopted by the Kentucky Department of
Highways or the Henderson County Road Department, whichever is applicable.
C.
Private drives, private parking areas, and the parking of vehicles
incidental to the principal use on the same premises.
D.
Real estate signs located on the premises or subdivision signs advertising
property for sale or rent.
E.
Signs not over four square feet in area identifying permitted home
occupations or the renting of sleeping rooms on the same premises.
F.
Horticulture and landscaping of any premises.
G.
Fences over seven feet in height.
Height regulations apply to buildings occupied regularly by
persons or their activities. They do not apply to structures of portions
of buildings such as radio towers, ornamental spires, water towers,
and flag poles which are not occupied regularly by persons except
for maintenance, unless otherwise stipulated in the Zoning Ordinance.
The Board of Zoning Adjustment shall interpret whether or not the
height regulations apply upon application by the Codes Administrator
in doubtful cases. Federal aviation agency height regulations in the
vicinity of an airport shall take precedence over all other height
regulations.
See § 8.05.
In the case of group housing, two or more buildings to be constructed
on a plot of ground, not subdivided into the customary streets and
lots, and which will not be so subdivided to where the existing or
contemplated street and lot layout make it impractical to apply the
requirements of this chapter to the individual building units in such
group housing, the application of the terms of this chapter may be
varied by the Board of Zoning Adjustments in a manner which will be
in harmony with the character of the neighborhood. However, in no
case shall the Board of Zoning Adjustment authorize a use prohibited
in the district in which the housing is to be located, or a smaller
lot area per family than the minimum required in such district or
a greater height, or a smaller yard area than the requirements of
this chapter permit in such an area.
All streets, alleys and railroad rights of way, if not otherwise
specifically designated, shall be deemed to be in the same zone as
the property immediately abutting up such street, alley or railroad
right of way. Where the center line of a street or alley serves as
a district boundary, the zoning of such street or alley, unless otherwise
specifically designated, shall be deemed to be the same as that of
the abutting property up to such center line.
No building shall be erected, converted, enlarged, reconstructed
or structurally altered, nor shall any building or land be used, designed
or arranged for any purpose than is permitted in the district in which
the building or land is located.
No building shall be erected, converted, enlarged, reconstructed
or structurally altered, except in conformity with the area regulations
of the district in which the building is located.
Every building hereafter erected or structurally altered to
provide dwelling units shall be located on a lot as herein defined,
and in no case shall there be more than one such building on one lot
unless otherwise provided for in these regulations.
No structure, wall, fence, shrubbery or trees shall be erected,
maintained, or planted on any lot which will obstruct the view of
the driver of a vehicle approaching an intersection, excepting that
shade trees will be permitted where all branches are not less than
eight feet above the street level. In the case of corner lots, this
shall also mean that there shall be provided an unobstructed triangular
area formed by the street from the intersection of the street lines,
or in the case of a rounded corner, from the intersection of the street
property lines extended.
No dwellings shall be erected in the M-1, M-2, or commercial
districts, except as provided for in this chapter. However, the sleeping
quarters of a watchman or caretaker may be permitted in said districts
in conformance with the specific requirements of the particular district.
Restriction: Each dwelling hereafter erected or structurally
altered shall be located on a lot and except in the case of multiple
housing project, or PUD, there shall be not more than one principal
building and its accessory buildings on any single lot.
Except as otherwise permitted in these regulations, accessory
buildings shall be subject to the following regulations:
A.
Where the accessory building is structurally attached to a main building,
it shall be subject to and must conform to all regulations of this
chapter applicable to main or principal buildings.
B.
Accessory buildings shall not be erected in any required yard except
a rear yard, providing that in no instance shall such a building be
nearer than five feet to any adjoining side lot line or rear lot line.
C.
An accessory building may occupy not more than 25% of any nonrequired
yard, provided that in no instance shall the accessory building exceed
the ground floor of the principal building; however, persons can apply
to the County Board of Zoning Adjustment for a conditional use permit
to allow the accessory building to exceed the ground floor and/or
size of the principal building.
D.
No detached accessory building other than a garage and/or carport
shall be located closer than 10 feet to any principal building.
E.
In the case of double-frontage lots, accessory buildings shall observe
front yard requirements on both street frontages.
F.
When an accessory building is to be located on a corner lot, the
side lot line of which is substantially a continuation of the front
lot line of the lot to its rear, said building shall not project beyond
the front yard line required on the lot in rear of such corner lot.
G.
Garages. In any residential zone no garage shall be erected closer
to the side lot line than the permitted distance for the dwelling
unless the garage shall be completely to the rear of the dwelling
in which event the garage may be erected five feet from the side and
rear lot line. No garage or portion thereof shall extend beyond the
front building line of the dwelling; except on tracts containing five
acres or larger, persons can apply to the County Board of Zoning Adjustment
for a conditional use permit to allow the garage to extend beyond
the front building line of the dwelling. Attached garages of fireproof
construction may be erected to extend beyond the front line of the
house in those areas which are being developed according to a common
plan that includes the construction of attached garages extending
beyond the front line of the house, except that such garages shall
not encroach in or upon the minimum front yard area as required by
these regulations and provided the cornice, eaves, or overhand shall
not extend more than six inches into the required side yard area.
H.
Carports constructed in residential zoning districts shall comply
with the following requirements:
(1)
A carport that is placed at the side of an existing residence and
which consists of a roof and supporting posts made of noncombustible
materials may extend to within five feet of an interior side lot line.
The carport may also extend to within 10 feet of the side lot line
along a public street. The requirements stated in this subsection
refer to the distance between a side property line and the roof of
the carport.
(2)
A carport which is structurally part of a residence (i.e., one that
is composed of the same building materials as the house of which it
is a part, and one that has the same roof line as the house of which
it is a part) shall not extend into a required side yard. Such a carport
is usually constructed at the same time as the residence which it
is a part.
(3)
No carport shall extend into the required front yard of a lot; except
on tracts containing five acres or larger, persons can apply to the
County Board of Zoning Adjustment for a conditional use permit to
allow the carport to extend into the required front yard.
(4)
A carport that encroaches into the required side yard of a lot as
permitted by this section may not later be converted into living area,
a storage room, garage or other walled structure without approval
of the Board of Zoning Adjustment.
A.
No appliances such as washing machines and refrigerators shall be
stored for more than 24 hours in any district except in a carport
on enclosed building or behind the portion of a building nearest to
a street. Automotive vehicles or trailers of any kind or type without
current license plates shall not be parked or stored in any district
other than in completely enclosed buildings. Boats and boat trailers
are exempt from the provisions of this section.
B.
Commercial highway vehicles and tractors, trailers and tractor trailer
vehicles shall not be parked or stored in residentially zoned districts
at any time, unless there exists adequate off-street parking to accommodate
said vehicles.
C.
It shall be a prohibited use in an open area in all zoned districts
to park or store wrecked or junked vehicles, power-driven construction
equipment, used lumber or metal, or any other miscellaneous scrap
or salvageable material.
The principal use of land for the excavation, soil removal,
filling or depositing of any type of earth material, topsoil, gravel,
rock garbage, rubbish or other wastes or byproducts is not permitted
in any zoning district except under a permit from and under the supervision
of the enforcement officer in accordance with a topographic plan,
approved by the local government engineer, submitted by the fee holder
owner of the property concerned. The topographic plan shall be drawn
at a scale of not less than 200 feet equals one inch and shall show
existing and proposed grades and topographic features and such other
data as may from time to time be required by the local government
engineer. Such permit may be issued in appropriate cases upon the
filing with the application of a surety bond executed by a surety
company authorized to do business in the State of Kentucky, in favor
of the Planning Commission in an amount to be established by the local
government engineer which will be sufficient in amount to rehabilitate
the property upon default of the operator of such excavating or filling
operation, and to cover court costs and other reasonable expenses.
This regulation does not apply to normal soil removal for basements
or foundation work when a building permit has previously been duly
issued by the enforcement officer. Neither do these regulations apply
to general agricultural uses.
Nothing in these regulations shall be deemed to require any
change in the plans, construction or designed use of any building
upon which actual construction was lawfully begun prior to the adoption
of these regulations, and upon which building actual construction
has been diligently carried on, and provided further that such building
shall be completed within one year from the date of passage of these
regulations.
The provisions of these regulations shall not be so construed
as to interfere with the temporary use of any property as a voting
place in connection with a public election or referendum.
No proposed plat of a new subdivision shall hereafter be approved
by the Planning Commission unless the lots within such plat equal
or exceed the minimum size and width requirements set forth in the
various districts of these regulations and unless such plat fully
conforms with the statutes of the Commonwealth of Kentucky and regulations
of the Fiscal Court.
The erection, construction, alteration or maintenance by public
utilities or governmental departments or commission of underground
or overhead gas, electrical, steam or water distribution or transmission
systems, collection, communication supply or disposal systems including
mains, drains, sewers, pipes, conduits, wires, cables, fire alarm
boxes, police call boxes, traffic signals, hydrants, towers, poles
and other similar equipment and accessories in connection therewith,
but not including buildings, reasonably necessary furnishing of adequate
service by such public utilities or governmental departments or commissions,
or for the public health or safety or general welfare shall be permitted
as authorized and regulated by law and other regulations of the governing
body in any use district, it being the intention hereof to exempt
such erection, construction, alteration and maintenance from the application
of these regulations.
Any building requiring yard space shall be located at such an
elevation that a sloping grade shall be maintained to cause the flow
of surface water to run away from the walls of the building. A sloping
grade, beginning at the sidewalk level, shall be maintained and established
from the center of the front lot line to the finished grade line at
the front of the building. The rear and side yards shall be sloped
to allow for the flow of surface water away from the building without
creating a nuisance. However, this shall not prevent the grading of
a yard space to provide sunken or terraced areas provided proper means
are constructed and maintained to prevent the runoff of surface water
from creating a nuisance on the adjacent properties. Final grades
shall be subject to the approval of the Codes Administrator.
A.
Any building or structure which has been wholly or partially erected
on any premises located within the jurisdiction of the Fiscal Court
shall not be moved to and be placed upon any other premises in the
same jurisdiction until a building permit for such removal shall have
been secured. Any such building or structure shall fully conform to
all the provisions of these regulations in the same manner as a new
building or structure. No building or structure shall be moved into
the jurisdiction of the governing body until such building permit
has been secured.
B.
Before a permit may be issued for moving a building or structure,
the enforcement officer shall inspect same and shall determine if
it is in a safe condition to be moved, whether it may be reconditioned
to comply with the Building Code and other requirements of the Fiscal
Court for the use and occupancy for which it is to be used.
Removal and filling of land, the construction, maintenance or
existence within the jurisdiction of the governing body of any unprotected,
un-barricaded, open and dangerous excavations, holes or pits which
constitute or are reasonably likely to constitute a danger or menace
to the public health, safety or welfare, are hereby prohibited; provided
however, this section shall not prevent any excavation under a permit
issued pursuant to these regulations or the building code of the governing
body where such excavations are properly protected and warning signs
posted in such a manner as may be approved by the enforcement officer
and, provided further, that this section shall not apply to streams,
natural bodies of water or to ditches, streams, reservoirs, or other
major bodies of water created or existing by authority of the Commonwealth
of Kentucky, or other governmental agencies.
The erection, construction or alteration of all outdoor advertising
structures, billboards, signs and other notices which advertise a
business, commercial venture or name of a person or persons, shall
comply with the Building Code and all requirements of this regulation.
Junk and/or used auto parts yards shall comply with the following:
A.
Fences around the entire area of junk yards and/or used auto parts
yards or salvage yards, shall be required. Fences shall not be less
than six feet nor greater than 10 feet in height. Fences shall be
designed and constructed in compliance with existing building codes.
Fences and/or green belts shall be used to shield contents of such
businesses from view of public streets or residential areas. Fences
shall be properly maintained at all times.
B.
Stacking of motor vehicles or parts of motor vehicles in a salvage
or used auto parts yard shall be limited to a height of 10 feet.
C.
Stacking in a junk yard shall be limited to 40 feet in height. There
must be enough space provided so that if any material falls or is
blown over, it will fall on the property. The Board of Zoning Adjustment
shall have the authority to permit stacking in excess of 40 feet in
height.
D.
No items for sale shall be stored or displayed on the fence or outside
of the fenced area except complete units which have not been damaged
which shall be limited to five such units.
E.
Any new business or old business moving to a new location shall be
in full compliance with the regulations of this chapter.
The purpose of this district is to allow rezoning applicants
to request that a certain area be designated "Exclusive Use" (EU),
which area, after having been recommended by the Henderson City County
Planning Commission and approved by the Fiscal Court, must be used
for only those uses prescribed by the application. These uses must
be among the uses permitted in the zoning district from which the
exclusive use is taken. Any applicant applying for an exclusive use
may ask for and receive consideration by the Planning Commission under
the same terms and conditions prescribed for in any other rezoning
request. The applicant may be required to submit a site plan, architectural
rendering, or other such material as might be of assistance to both
the Planning Commission and Fiscal Court in their consideration. NOTE:
All rezonings must follow public notice requirements for public hearings
as set forth in KRS Chapter 100.
A.
The Planning Commission is empowered to hear and finally determine
variances and conditional use permits as directed by KRS 100.203(5)
and (6).
B.
At the time of the filing of the application for a map amendment,
an applicant may elect to have variances or conditional use permits,
for the same development, heard and finally determined by the Planning
Commission at the same public hearing set for the map amendment. By
filing such application, the applicant shall have elected for the
Planning Commission, and not the Board of Zoning Adjustments, to hear
and finally determine such request. Once filed, the applicant may
not withdraw the application and subsequently file an application
with the Board of Zoning Adjustments; nor may the applicant file a
request with the Board of Zoning Adjustments after the application
was denied or turned down by the Planning Commission. A denied application
may not be refiled with either the Planning Commission or Board of
Zoning Adjustments within one year after denial.
C.
In only this limited instance, the Planning Commission shall assume
all of the powers and duties otherwise exercised by the Board of Zoning
Adjustments pursuant to KRS 100.231, 100.333, 100.237, 100.241, 100.243,
100.247, 100.251 and in this Zoning Code/Ordinance, as the same are
amended from time to time.
Utility and drainage easements are restricted for the use designated
and no property owner may place any permanent structure within any
easement except as provided for in these regulations.
A.
Home occupations shall be incidental to the principal residential
use. Home occupations include only those which are specifically listed
here, and meet the following performance standards:
(1)
Home occupations shall be conducted within the principal building
only or conditionally within a detached garage. No home occupation
may exceed a total area equal to 25% of the area of the principal
building. No more than one home occupation shall be conducted in any
dwelling unit.
(2)
A home occupation shall employ no more than one person not a resident
of the premises.
(3)
There shall be no visible evidence of the conduct of a Home Occupation
from the exterior of the building other than one sign not exceeding
four square feet in area, unlighted, and mounted flat against the
wall of the principal building.
(4)
No substantial traffic increase shall be generated in the residential
area.
(5)
Home occupations shall not generate fumes, light flashes, glare,
electrical interference, odors, noise, vibration, or truck or other
heavy traffic.
B.
Home occupations for professional offices and personal services include
the following, or any other substantially similar activity:
(1)
Accountant, tax service or bookkeeper.
(2)
Architect, engineer, draftsman.
(3)
Physician, dentist, osteopath, chiropractor, optometrist, or other
medical professional.
(4)
Interior decorator, artist, photographer, musician.
(5)
Attorney, paralegal.
(6)
Counselor, mental health professional.
(7)
Broker, financial consultant.
(8)
Manufacturer's agent or representative, contractor (office only).
(9)
Seamstress, tailor.
(10)
Internet-related businesses.
