[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Editor's Note: This ordinance also repealed former Art.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]
[1]
Editor's Note: The Subdivision Regulations are included in Appendix B of the County Code.
[2]
Editor's Note: See Ch. 118, Driveways.
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:
(1) 
Local and non-local public utility transmission lines and pipes.
(2) 
Utility structures and public service buildings.
(3) 
Expansion of transportation facilities and appurtenances.
(4) 
Government buildings and uses.
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.
B. 
Development involving new or additional streets or any public dedication of land shall be subject to Planning Commission review and approval, as provided in the Subdivision Regulations.[1].
[1]
Editor's Note: The Subdivision Regulations are included in Appendix B of the County Code.
C. 
Townhouse minimum yard requirements:
(1) 
Front yard: 25 feet.
(2) 
Side yard, attached dwellings: zero feet.
(3) 
Side yard, end dwellings of attached or semi-attached: 10 feet.
(4) 
Rear yard: 20 feet.
(5) 
Street side yard: same as the district in which it is located.
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.
F. 
Townhouse lot size:
(1) 
Minimum frontage for attached dwellings: 18 feet.
(2) 
Minimum depth: 80 feet.
G. 
Other requirements for townhouses.
(1) 
The total dwelling units in any group of attached dwellings shall not exceed 10 units.
(2) 
Off-street parking shall be permitted on each lot. Off-street parking shall be in compliance with Article IX of this chapter.
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.