ORDINANCE NO. 9-1989

AN ORDINANCE AMENDING ORDINANCE NO. 1-87 SECTION IV (1) AND ALLOWING CERTAIN COMMERCIAL USES FOR CERTAIN SPECIFIC PROPERTY WITHIN THE CITY OF BELLEFONTE, KENTUCKY, SAID PROPERTY BEING LOCATED NEAR DIEDERICH BOULEVARD AND BEING DESCRIBED MORE SPECIFICALLY HEREINBELOW; AND OTHER MATTERS.


SECTION 1.

Permitted Uses.--Within the limits of the City, no building, structure or premises shall be used and no building or structure shall be erected for other than one or more of the following specified purposes:
1. Dwellings. A one-family, single, detached house for one housekeeping unit only.
   
   
2. Roomers and boarders. The leasing of rooms by a resident family. Provided the total number of roomers and boarders does not exceed two unrelated persons in any one dwelling.
   
   
3. Accessory uses and structures. Accessory uses or structures customarily incidental to any aforesaid permitted use and located on the same lot therewith, including garages, under conditions specified below, provided that such accessory uses shall not include any activity conducted for gain. However, more than two accessory buildings of any kind will require the consent of the Board of Zoning Adjustment whether free standing or connected to the main dwelling.
   
   
4. With respect to property within the City of Bellefonte located near Diederich Boulevard and described more specifically in Exhibit "A" attached hereto and made a part hereof, there shall be permitted the following uses for buildings to be constructed upon said premises: banking and financial institutions, medical, dental, and legal offices, professional offices not otherwise listed, and auto parking incident to the above permitted use; any and all buildings constructed upon said premises shall be spaced at least fifteen (15) feet from property lines; there shall further be a five (5) story limit upon buildings constructed upon said premises.

SECTION 2.

Conditionally Permitted Uses. Churches and other places of worship, country clubs, public school and municipal buildings are permitted provided the following conditions are met:
1. all structures and activity areas are at least 100 feet from all property lines;
2. such development must be located on major thoroughfares or at intersections of a major thoroughfare and a local street;
3. adequate off-street paved parking shall be provided;
4. such use shall be properly landscaped to be harmonious with surrounding uses, especially residential areas; and,
5. all permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any other person or persons.

SECTION 3.

Prohibited Uses. Within the limits of the City, no building, structure or premises shall be used and no building or structure shall be erected for other than one or more of the purposes specified above. The following uses are specifically prohibited:
1. Any building or structure or premises intended or designed to be used in whole or part for any trade, manufacturing or commercial purpose, except as set fort in 1 (d) hereinabove.
2. House trailers and trailer parks.
3. Rehabilitation center, convalescent home.
4. Residence in accessory buildings is prohibited. The Board of Zoning Adjustment may, however, permit such use for persons employed on the premises and their immediate families.

SECTION 4.

That the southerly boundary of the Kentucky Power Company easement to the south boundaries of the properties described in Exhibit "A", the owners of said properties and their assigns, forever, shall maintain a buffer zone which shall include the planting and maintaining of trees, shrubbery, grasses and other attractive natural foliage and vegetation as will reasonably insulate nearby residential areas from site and sound to the greatest extent possible.

SECTION 5.

That all ordinances in conflict herewith are specifically hereby repealed to the extent of said conflict only.

SECTION 6.

That each section and each sentence of this ordinance is enacted separately and the invalidity and/or unconstitutionality of any one particular sentence and/or section shall not affect the validity and/or constitutionality of any other sentence and/or section.

SECTION 7.

That this shall be in full force and effect from and after its passage, approval and publication according to law.

RICHARD MACOMB
Mayor, City of Bellefonte

ATTEST:
JEAN FRAZIER
City Clerk

FIRST READING: August 4, 1989
SECOND READING: December 19, 1989
PUBLISHED: September 3, 1992

EXHIBIT "A"

Being a tract of land lying in Bellefonte, Greenup County, Kentucky and including portions of three continuous parcels of land conveyed by Gary R. Fannin as recorded in the County Court Clerk of Greenup, Kentucky in Deed Book 372, Page 687, Deed Book 372, Page 690, and Deed Book 372, Page 693. The boundary of said tract of land may be more particularly described as follows: Beginning at a point at the intersection of the Corporation Line of the City of Bellefonte and the easterly line of the property of Gary R. Fannin as recorded in Deed Book 272, Page 687, said point lying along said easterly property line South 3 degrees 45 minutes West 146.76 feet from the southerly right of way line of Diederich Boulevard; thence from said point of beginning running along said easterly property line of said Fannin property South 3 degrees 45 minutes West, 470.89 feet to the southeasterly corner of said Fannin property; thence running along the southerly line of said Fannin property, the following two calls: North 81 degrees 34 minutes West 25.08 feet; thence North 80 degrees 32 minutes West 50.25 feet to the southeasterly corner of the property of Gary R. Fannin as recorded in Deed Book 372, Page 690; thence running along the southerly line of said Fannin property North 80 degrees 32 minutes West, 150.74 feet; thence running along the westerly line of said Fannin property North 3 degrees 45 minutes East, 367.89 feet to the southeasterly corner of the property of Gary R. Fannin as recorded in Deed Book 372, Page 692; thence running along the southerly line of said Fannin property south 75 degrees 52 minutes 33 seconds West 105.07 feet; thence running along the westerly line of said Fannin property North 3 degrees 45 minutes East 41.89 feet to a point at the intersection of said westerly property line and the Corporation Line of the City of Bellefonte North 81 degrees 28 minutes 34 seconds East (given in City of Bellefonte Ordinances No. 1 and 3 of 1961 as North 80 degrees 15 minutes East), 332.6 feet to the point of beginning and containing 2.3 acres.

A parcel of land situated on the south side of Diederich Boulevard in Russell, Greenup County, Kentucky, and being part in City of Russell and part in City of Bellefonte, and bounded and described as follows: Beginning at the corner of Lot 4 and Dale Hensley property and southerly right-of-way line of Diederich Blvd.; thence south 86 degrees 15 minutes East 100 feet to an iron pin; thence with Lot 3 South 3 degrees 45 minutes West 595 feet to creek, thence with creek north 45 degrees 53 minutes West 131.24 feet ; thence with Hensley line north 3 degrees 45 minutes East 510 feet to the point of beginning, containing 1.26 acres and being Lot ___ as the same is shown on plat of a larger tract designated as "Tract adjoining Diedrich Blvd., on North, White Oak Creek on South and Ky. State Route 1093 on West," which Plat was made by James F. Robinson, R.L.S., dated June ___, 1987.