BOONE COUNTY ZONING REGULATIONS

1 BOONE COUNTY ZONING REGULATIONSP repared By: BOONE COUNTY Planning CommissionDecember 4, 2013 Adopted By: BOONE COUNTY Planning CommissionText and Map.. December 4, 2013 BOONE COUNTY Fiscal CourtText and Map.. April 8, 2014 City of FlorenceText and Map.. April 8, 2014 City of UnionText and Map.. March 3, 2014 City of WaltonText and Map.. February 10, 2014 NOTE: Most current version is available on line at BOONE COUNTY ZONING REGULATIONSD ecember 4, 2013 BOONE COUNTY PLANNING COMMISSION MEMBERSC harlie Rolfsen, Chairman (Florence)Mike Ford, Vice-Chairman ( BOONE COUNTY )Kim Bunger, Secretary-Treasurer (Florence)Ben Brandstetter, Temporary Presiding Officer ( BOONE COUNTY )Randy Bessler ( BOONE COUNTY )Greg Breetz ( BOONE COUNTY )Mark Hicks ( BOONE COUNTY )Janet Kegley (Florence)Jim Longano (Union)Donald McMillian (Walton)Lisa Reeves (Florence)Charlie Reynolds (Florence)Susan Schultz (Florence)Bob Schwenke ( BOONE COUNTY )Steve Turner (Walton)LONG RANGE PLANNING/COMP PLAN COMMITTEEBob Schwenke, ChairmanGreg BreetzKim BungerMike FordMark HicksJanet KegleyBOONE COUNTY PLANNING COMMISSION STAFFK evin P.

2 Costello, AICP - Executive DirectorPlanning Services DivisionRobert A. Jonas, AICP - GIS SpecialistMatthew E. Becher, AICP - Rural/Open Space PlannerGIS Services DivisionSteve Gay, GISP - Director, GIS ServicesJames Horton, GISP - GIS Data SpecialistLouis Hill, AICP/GISP - GIS Specialist-User SupportJohn Harney, GISP - GIS Application AnalystShannon P. Spears - GIS TechnicianZoning Services DivisionKevin T. Wall, AICP CDT - Director, ZONING ServicesMitchell A. Light - Asst. ZONING Administrator/Enforcement OfficerTodd K. Morgan, AICP - Senior PlannerAdministrative Services DivisionVicki L. Myers - Manager, Administrative ServicesTreva L. Beagle - Administrative AssistantSara L. Smith - Staff AssistantConsultantsDale T. Wilson - Legal CounselABSTRACTTITLE:2012-13 ZONING REGULATIONS : BOONE COUNTY , KentuckyAUTHO R: BOONE COUNTY Planning Com m ission SUBJECT: ZONING REGULATIONS to Im plem ent the 2010 BOONE COUNTY Com prehensivePlanDATE: Decem ber 2013SO URCE O F COPIES: BOONE COUNTY Planning Com m ission ABSTRACT:The " ZONING REGULATIONS : BOONE COUNTY , Kentucky" are REGULATIONS proposed for adoption as a "ZoningO rder" by the BOONE COUNTY Fiscal Court and as a " ZONING O rdinance" by the Cities of Florence, Unionand W alton, respectively, as a tool to guide growth and developm ent in the individual jurisdictions andthroughout the COUNTY in a consistent and planned m anner.

3 The ZONING REGULATIONS are designed specifically to im plem ent all of the elem ents in the BOONE CountyCom prehensive Plan and any specific corridor land use study. The Com prehensive Plan, including its G oals and O bjectives, support the prom otion of overall quality of life through growth m anagem ent,proper design, and a balance between developm ent and preservation in BOONE COUNTY . T his approachseeks the protection of the natural environm ent and efficient use of land resources, physicalim provem ents and public ZONING REGULATIONS are one tool for the im plem entation of this Plan, which m ay further be supportedby subdivision REGULATIONS and capital im provem ents program m addition to the m ore traditional ZONING approach of creating districts for residential, com m ercial andindustrial developm ent, these REGULATIONS include districts specifically created for recreation, agriculture,public facilities, airport uses, the Florence Main Street, W alton Downtown and Union Town areas, andem ploym ent planned developm ent and residential planned developm ent uses.

4 O verlay zones areprovided to accom m odate and protect the special features and circum stances existing in som e parts ofthe COUNTY ; am ong these zones are the Planned Developm ent, Houston-Donaldson Study CorridorO verlay District, M all Road O verlay District, Parkway Corridor Study O verlay District, Sm all Com m unityO verlay District and Historic Landm ark/Historic District O verlay. Changes have been m ade to clarify parking requirem ents, access m anagem ent requirem ents, sign REGULATIONS , and other site developm entstandards. Finally, the ZONING REGULATIONS also include sections pertaining to adm inistration, am endm entand enforcem ent. The ZONING REGULATIONS are designed to account for a full, broad range of developm enttypes, sizes and intensities, which m ay be proposed in the COUNTY in the O F AM ENDM ENTSB etween COUNTY -wide Com prehensive Plan Updates, the legislative bodies enacting these REGULATIONS m aychoose to am end certain portions of the order or ordinance in accordance with Article 3.

5 This table is providedto indicate the COUNTY -wide status of various am endm ents indicated in the text by an asterisk (*) or attachedat the rear of this docum CountyCity ofCity ofCity of Subject Fiscal CourtFlorenceUnionW altonArticle 10N/AN/AN/A6/9/14 Section 1021Em ergency Heli-padArticles 3, 15 and 163/17/151/13/152/2/153/9/15M odify Tim ing andProcedural Requirem entsfor ZM As and CDPs perStatutory ChangesArticle 25N/AN/A1/4/16N/ASection 2521 Com m ercial Parking andRecreational Vehicle ParkingArticles 31 & 4011/16/161/18/174/3/171/12/17Sm all Cellular PolesINTRO DUCTIO NApplicable provisions of Chapter 100 of the Kentucky Revised Statutes authorize the BOONE COUNTY FiscalCourt and the legislative bodies of the cities of Florence, W alton, and Union, Kentucky, to enact land use orzoning REGULATIONS within their respective jurisdictions.

6 The Fiscal Court and these legislative bodies com prisea COUNTY -wide planning unit for BOONE COUNTY , Kentucky. Land use REGULATIONS are authorized under Kentuckylaw to prom ote public health, safety, m orals, and general welfare of the planning unit, to facilitate orderly andharm onious developm ent and the visual or historical character of the unit, and to regulate the density ofpopulation and intensity of land use in order to provide for adequate light and , land use and ZONING REGULATIONS are authorized to provide for vehicle parking and loading space,facilitate fire and police protection, and to prevent the overcrowding of land, blight, danger, and congestionin the circulation of people and com m odities, and the loss of life, health or property from fire, flood or otherdangers. Chapter 100 allows land use and ZONING REGULATIONS to be em ployed to protect airports, highways,and other transportation facilities, public facilities, schools, public grounds, historical districts, central businessdistricts, prim e agricultural land and other natural resources, to regulate discharge from water and waste watertreatm ent facilities in developm ent projects to m aintain and im prove soil and water quality, and to protect otherspecific areas of the planning unit s jurisdiction which need special protection by the planning BOONE COUNTY Fiscal Court and the legislative bodies of Florence, W alton, and Union have establishedthe BOONE COUNTY Planning Unit as a joint planning unit.

7 The Planning Com m ission has prepared andadopted a Com prehensive Plan. The Planning Com m ission has also prepared land use or ZONING REGULATIONS ,both text and m ap, for the COUNTY -wide planning unit, and has held at least one public hearing as requiredunder the Kentucky Revised Statutes. The Planning Com m ission has adopted these land use or zoningregulations, both text and m ap, and has recom m ended their adoption and approval by the BOONE CountyFiscal Court and the legislative bodies of the cities of Florence, W alton, and Union. This docum ent sets forththe land use or ZONING REGULATIONS as enacted by the BOONE COUNTY Fiscal Court and the legislative bodiesof these cities com prising the COUNTY -wide planning OF CONTENTSARTICLE 1 PURPOSE AND AUTHORITY .. 2 ADMINISTRATION .. 240:Appeals and 260:Conditional Use 270:Nonconforming Lots, Uses, & 280:Certificate of Land Use 285:Transferable Development 290:Annexation by 3 AMENDMENT.

8 4 ENFORCEMENT and 5 PROVISIONS FOR BOONE COUNTY ZONING MAP .. 6 AGRICULTURAL 610:Agriculture (A-1).. 620:Agricultural Estate (A-2).. 7 RECREATION DISTRICT .. 8 CONSERVATION DISTRICT .. 9 RESIDENTIAL 910:Rural Suburban Estates (RSE).. 920:Rural Suburban (RS).. 930:Suburban Residential One (SR-1).. 940:Suburban Residential Two (SR-2).. 950:Suburban Residential Three (SR-3).. 960:Urban Residential One (UR-1).. 968:Urban Residential Two (UR-2).. 976:Urban Residential Three (UR-3).. 984 Mobile Home Park (MHP) .. 991 Residential One Family (R1F).. 10 COMMERCIAL DISTRICTS .. 1010:Commercial One (C-1).. 1020:Commercial Two (C-2).. 1030:Commercial Services (C-3).. 1040:Commercial Four (C-4).. 11 EMPLOYMENT DISTRICTS .. 1110:Office One (O-1).. 1120:Office Two (O-2).

9 1130:Industrial One (I-1).. 1140:Industrial Two (I-2).. 1150:Industrial Three (I-3).. 1180:Professional Office One (O-1A).. 1187 Industrial Four (I-4) (applies to unincorporated BOONE COUNTY only).. 12 PUBLIC FACILITIES DISTRICT (PF) .. 13 AIRPORT DISTRICT (A) .. 15 PLANNED DEVELOPMENT DISTRICT (PD).. 16 EMPLOYMENT PLANNED DEVELOPMENT (EPD).. PLANNED DEVELOPMENT (RPD)ARTICLE 17 HOUSTON-DONALDSON STUDY DISTRICT (HDO)ARTICLE 18 PARKWAY CORRIDOR STUDY OVERLAY DISTRICT (PO) 19 LAND USE STUDY I-75/TURFWAY ROAD DISTRICT (TRO)ARTICLE 20 SMALL COMMUNITY OVERLAY DISTRICT (SC) .. 21 HISTORIC LANDMARK/DISTRICT OVERLAY DISTRICT (H) .. 23 FLORENCE MAIN STREET ZONING STUDY (FMS).. 24 WALTON DOWNTOWN DISTRICT (WD).. 25 UNION TOWN PLAN DISTRICTS .. 26 MALL ROAD OVERLAY DISTRICT (MR).

10 30 SITE PLAN 31 SUPPLEMENTAL PERFORMANCE STANDARDS .. 32 TRANSPORTATION MANAGEMENT REGULATIONS .. 33 OFF-STREET PARKING AND LOADING 34 SIGNS .. 35 TEMPORARY COMMERCIAL DISPLAYS, COMMERCIAL DISPLAYS, STORAGE TRAILERPERMITS AND TEMPORARY USE PERMITSARTICLE 40 DEFINITIONS .. AND AUTHORITYSECTION 100 TitleThese REGULATIONS shall be known as the: " ZONING Ordinance: City of Florence, Kentucky;" " ZONING Ordinance: City of Union, Kentucky;" " ZONING Ordinance: City of Walton, Kentucky;" and " ZONING Order: BOONE COUNTY ,Kentucky," upon adoption and may be cited alternately as the ZONING REGULATIONS , Order, or 110 Provisions of Order Declared to be Minimum RequirementsIn their interpretation and application, the provisions of this order shall be held to be minimum requirements,adopted for the promotion of the public health, safety, morals and the general welfare, as per KRS Whenever the requirements of these REGULATIONS conflict with the requirement of any other lawfullyadopted rules, REGULATIONS , ordinance, orders or resolutions, or where there may be internal conflicts within thisorder, the most restrictive, or that imposing the higher standards shall 120 Severability ClauseShould any section, subsection, clause.