ORD 2581 Text Amendment Building Materials Sale

ORDINANCE NO. 2581

AN ORDINANCE AMENDING THE ERLANGER ZONING ORDINANCE ADDING “BUILDING MATERIAL SALES” AS A PERMITTED USE WITHIN THE NC (NEIGHBORHOOD COMMERCIAL) ZONE

WHEREAS, a request for a text amendment to the Erlanger Zoning Ordinance was submitted to the Kenton County Planning Commission by the City of Erlanger, to add “Building Material Sales” as a permitted use within the NC (Neighborhood Commercial) zone; and

WHEREAS, the PDS staff reviewed the application and recommended that the proposed text amendment be approved; and

WHEREAS, the Kenton County Planning Commission, upon reviewing the PDS staff recommendations and after holding a public hearing, voted to approve the text amendment on the basis that the text amendment is allowed to be included within the text of the zoning ordinance, as authorized by Kentucky Revised Statute (KRS) 100.203(1).

NOW THEREFORE, BE IT ORDAINED BY THE CITY OF ERLANGER, COUNTY OF KENTON, COMMONWEALTH OF KENTUCKY:

Section I

That the Erlanger City Council hereby approves said text amendment, attached hereto as Exhibit “A” and incorporated reference herein, adding “Building Material Sales” as a permitted use within the Neighborhood Commercial (NC) zone, to the Erlanger Zoning Ordinance, on the following bases:

1. The proposed text amendment is authorized to be included within the text of the zoning ordinance per KRS 100.203 (see Attachment A).

2. The proposed text amendment is consistent with the purpose of the NC Zone, which aims to accommodate convenience stores, retail shops, offices, and personal service businesses.

3. The proposed text amendment introduces a use that aligns with existing uses within the NC Zone, including carpenter shops, electrical, plumbing and heating shops, furniture upholstering, and similar establishments.

4. The proposed text amendment aligns with the adjacent NC Zone in the City of Elsmere. The NC Zone in Elsmere shares a similar intent, encompasses acomparable geographic area along the Dixie Highway corridor, and reflects similar development patterns.

5. Based on testimony provided during the public hearing held on December 6, 2024.

Section II

That should any section or part of any section or any provision of this Ordinance be declared invalid by a Court of competent jurisdiction, for any reason, such declaration shall not invalidate, or adversely affect, the remainder of this Ordinance.

Section III

That this Ordinance shall take effect and be in full force when passed, published and recorded according to the law.

Adopted this 4th day of February, 2025

1st Reading – January 7, 2025

2nd Reading – February 4, 2025 Vote: 8 Yes, 0 No