[Added 11-10-2020 by Ord. No. 20-04[1]]
[1]
Editor's Note: This ordinance also repealed former Art. XXII, M-2 Light Industrial District-C Highway Commercial District.
The Agriculture District is established for lands, the principal use of which is for farming, dairying, forestry and other agricultural activities. It is the intent of this zoning district that land needed and used for agriculture be protected from encroachment by premature residential, commercial, or industrial development.
A. 
Churches.
B. 
Commercial dog kennels.
C. 
Farm buildings.
D. 
Any agricultural use, as that term is defined in Section 2.01 hereof.
E. 
Greenhouses and nurseries, both wholesale and retail.
F. 
Home occupation as defined in Article II.
G. 
Horse stables and riding schools/academies.
H. 
Libraries, parks and other recreational facilities.
I. 
Monastery, convent or other religious community.
J. 
Public, parochial and private schools designed for children of elementary school, junior high school and senior high school age.
K. 
Places of noncommercial assembly, for periods not exceeding seven days and not more than 200 people, subject to the Building and Electrical Codes of the governing body and regulations of the Henderson County Public Health Department.
L. 
Veterinary clinics and hospitals.
M. 
Golf courses or country clubs.
N. 
Oil well or gas wells including the drilling thereof.
O. 
Storage of oil or gas drilling equipment.
P. 
Selling on the premises of agricultural products produced on the premises; provided that the roadside stand should be considered temporary and shall be set back from the road right-of-way at least 25 feet to permit parking, ingress and egress and shall not be constructed in such a location as to create an undue traffic hazard.
Q. 
Single-family dwellings.
A. 
Airports or landing fields.
B. 
Cemeteries.
C. 
Public or private landfills.
D. 
Hospitals and sanitariums.
E. 
Gunsmith.
F. 
Retail and wholesale sales of farm machinery and farm supplies (seed, fertilizer, herbicides, etc.) on lands for which the principal use is agriculture.
G. 
Commercial outdoor recreational facilities (example: pay lake, campground).
H. 
Public utility buildings, telephone exchange buildings, electric transformer (sub)stations and gas regulator stations which are considered by the County Board of Zoning Adjustment to be necessary for the provision of essential services by governmental agencies or public utilities.
I. 
Mobile homes.
J. 
Manufactured homes.
K. 
Home occupation within existing detached garage.
L. 
Nonresidential structures, private; located on a minimum of five acres (See § 2.01, Definitions). The preceding sentence shall not be construed to require a conditional use permit for agricultural uses (agricultural uses and agricultural structures which are uses for the purposes set out in the definition of "agricultural use" in § 2.01, when such uses and structures are located on the minimum required acreage, as the same are permitted uses and are also exempt pursuant to § 22.04 below and KRS 100.203(4).
M. 
Agritourism. An application for a conditional use permit for any agritourism use must include the following:
(1) 
Exhibit showing location of existing or proposed building, structures and parking area, as well as the location of any outdoor activity area and all other uses associated with agritourism business.
(2) 
Days and hours of operation for the proposed use.
(3) 
List all uses to be conducted on the property.
(4) 
All agritourism uses must receive approval from the local Health Department for all sanitary provisions to be located on the property.
(5) 
Signage shall be limited to one freestanding sign, not to exceed five feet in height and 32 square feet in sign face area. No sign shall be internally illuminated.
(6) 
Any outdoor area(s) used for music, bands or other similar noise-generating activity shall be a minimum of 250 feet from any residential district, use or structure.
(7) 
An application for a building permit shall be approved by the jurisdiction having authority for all buildings and structures associated with any agritourism use prior to utilizing the property for such use.
(8) 
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.
(9) 
Any entrance and/or driveway to an agritourism use, accessed from public right-of-way, shall be a minimum of 18 feet in width. Design and location of such entrance shall be reviewed and approved by the appropriate agency.
(10) 
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 all applicable commercial building codes.
N. 
Bed-and-breakfast home is subject to the following conditions:
(1) 
Conditional use permit required from the Henderson County Board of adjustment.
(2) 
The structure must comply with all codes and all other applicable state and local statutes, ordinances, including but not limited to Health Department rules and regulations.
(3) 
The bed-and-breakfast must not have more than four guest rooms for rent. The resident owner shall keep a guest register, including names, address and dates of occupancy of all guest.
(4) 
Each room shall be rented for no longer than seven consecutive days to the same person(s) shall be regulated as a boarding house.
(5) 
The use shall not adversely affect the uses permitted in the immediate area by excessive traffic generation, noise and lights.
(6) 
One sign not exceeding four square feet in area, unlighted, and mounted flat against the wall of the residence identifying the name of the bed-and-breakfast.
(7) 
Parking must be provided as noted: two spaces for the owner and one space per guest room. The Henderson County Board of Adjustment may waive this requirement based on submitted evidence of adequate on-street and off-street parking.
(8) 
Screening. The Henderson County Board of Zoning Adjustment may require screening if deem necessary to protect the adjacent property owners.
O. 
Commercial shooting range bows, crossbows, and firearms (indoor).
P. 
Commercial shooting range bows, crossbows, and firearms (outdoor).
Q. 
Rickhouse.
R. 
Tourist destination.
Land which is used for agricultural purposes (any agricultural use as defined in § 2.01) shall have no zoning regulations imposed except that:
A. 
Setback lines may be required for the protection of existing and proposed streets and highways;
B. 
All buildings or structures in a designated floodway or floodplain, or which tend to increase flood heights or obstruct the flow of floodwaters, may be fully regulated;
C. 
Mobile/manufactured homes and other dwellings shall require building permits and certificates of occupancy; and mobile/manufactured homes are only permitted as a conditional use. See § 22.03I and J.
(See attached Schedule of Regulations, Article XXV.)