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The Kentucky Residence Code as contained in Chapter 7 Title 815 of the Kentucky Administrative Regulations together with any amendments as from time to time adopted by reference as if fully set forth in this code of ordinances. Copies of the above code and any amendments thereto shall be placed on file in the office of the City Clerk/Treasurer where they shall be available for public inspection during normal business hours and is hereby declared applicable to single-family and two-family homes within the city.
(Ord. C.2, passed 6-2-87; Am. Ord. 2009-3, passed 5-5-09) Civil offense, see § 38.15
(A) Adoption. That certain document, a copy of which is on file in the office of the city, being marked and designated as "The 2021 International Property Maintenance Code" and "the 2021 International Energy Conservation Code," as published by the International Code Council, Inc. (ICC) is hereby adopted as the property maintenance code and the energy conservation code, respectively, for buildings and structures within the city as herein provided. Each and all of the regulations of "2021 International Property Maintenance Code" ("Property Maintenance Code") and "the 2021 International Energy Conservation Code" ("Energy Conservation Code") are hereby referred to, readopted, adopted, and made a part hereof, as if fully set forth herein. If any conflicts that arise between the Property Maintenance Code and/or the Energy Conservation Code with the City of Dayton Code of Ordinances, the language in the city's Code of Ordinances shall prevail.
(B) Suits pending, etc. Nothing in this section or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing under any act or ordinance hereby repealed: nor shall any just or legal right or remedy of any character be lost, impaired, or affected by this section.
(C) Amendments to Property Maintenance Code. Under the Property Maintenance Code, the term "code official" refers to the City of Dayton Director of Code Enforcement and/or his or her deputies. The following sections of the 2021 International Property Maintenance Code, are hereby revised as follows:
(1) Section 101.1, Insert: “the City of Dayton, Campbell County Kentucky”.
(2) Section 102.3, Delete in its entirety and replace with “Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Kentucky Building Code, Kentucky Residential Code, the Uniform State Building Code as is established by the Board of Housing, Buildings and Construction of the State of Kentucky, National Electrical Safety Code, the National Electric Code and City of Dayton Code of Ordinances.
(3) Section 103.1, Insert: "the City of Dayton, Kentucky, Code Enforcement Department."
(4) Section 103.2, Delete "chief appointing authority" and replace with "Mayor."
(5) Section 107.1, Delete in its entirety and replace with "Any person directly affected by a decision of the code official or a notice or order issued under this code shall be subject to the civil penalties outlined in Section § 38.15 of the Dayton Code of Ordinances ("City Code") and shall have the right to appeal to the City of Dayton Code Enforcement Board, provided that a written application for appeal is filed with the City Clerk within 10 days after the day the decision, notice, or order was served. See Chapter 38 of the City Code.
(6) Section 107, including subsections .1, .2, .3, and .4, Delete in its entirety.
(7) Section 108, including subsection .1, Delete in its entirety, including subsection .1.
(8) Section 109, including subsections .1, .2, .3, .4, and .5, Delete in its entirety.
(9) Section 201.3, Delete in its entirety and replace with "Where terms are not defined in this code and are defined in the Kentucky Building Code, Kentucky Residential Code, City of Dayton Code of Ordinances, National Electrical Code or any applicable code adopted and enforced by the Commonwealth of Kentucky, Campbell County, Kentucky, and the City of Dayton, Kentucky, such terms shall have the meanings ascribed to them as stated in those codes."
(10) Section 202, Insert the following definition: "OUTDOOR STORAGE. The keeping of personal or business property in any open space or outdoor area outside of a building or structure. For the purpose of this definition, property shall not include items that were originally designed for continuous outdoor use (e.g., lawn furniture, grills, playground equipment)."
(11) Section 302.1, Insert: "and all outdoor storage shall be removed."
(12) Section 302.4, Insert: "six (6) inches"
(13) Section 302.8, Delete in its entirety and replace with "No inoperative, abandoned, or unlicensed motor vehicle, trailer, recreational vehicle, camper, boat or similar equipment shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. All motor vehicles, trailers, recreational vehicles, campers, boats and similar equipment shall be parked, kept or stored on a paved surface. All trailers, recreational vehicles, campers, boats and similar equipment shall be parked, kept or stored in the rear yard and may be parked, kept or stored in the side yard behind the front structure line of the principal structure if approved by the Board of Adjustment. In no case shall more than one trailer, recreational vehicle, camper, boat or similar equipment be permitted outside of an enclosed building on any premises.
Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes."
(14) Section 303.2, Delete in its entirety and replace with "Enclosures for swimming pools, hot tubs, and spas shall be regulated by the Kentucky Building Code, Kentucky Residential Code, the City of Dayton Zoning Ordinance, and any applicable codes adopted and enforced by the Commonwealth of Kentucky."
(15) Section 304.14, Insert: "April 1 to October 31."
(16) Section 401.3, Replace "International Building Code" with "Kentucky Building Code, Kentucky Residential Code, or any applicable code adopted and enforced by the Commonwealth of Kentucky."
(17) Section 602.3, Insert: "October 1 to April 1."
(18) Section 602.4, Insert: "October 1 to April 1."
(19) Section 702.1, Delete: "International Fire Code" and replace with "Kentucky Building Code, City of Dayton Code of Ordinances, and the International Fire Code."
(20) Section 702.2, Delete: "International Fire Code" and replace with "Kentucky Building Code, City of Dayton Code of Ordinances, and the International Fire Code."
(21) Section 702.3, Delete: "International Building Code" and replace with "Kentucky Building Code, City of Dayton Code of Ordinances, and the International Fire Code."
(22) Section 702.4, Delete: "International Building Code" and replace with "Kentucky Building Code, City of Dayton Code of Ordinances, and the International Fire Code."
(23) Section 703.7, Delete: "International Building Code" and replace with "Kentucky Building Code, City of Dayton Code of Ordinances, and the International Fire Code."
(24) Section 704.1, Delete: "International Fire Code" and replace with "Kentucky Building Code, City of Dayton Code of Ordinances, and the International Fire Code."
(25) Section 704.1.2, Delete: "International Building Code" and replace with "Kentucky Building Code, City of Dayton Code of Ordinances, and the International Fire Code."
(26) Section 704.4.2, Delete: "International Building Code" and replace with "Kentucky Building Code, City of Dayton Code of Ordinances, and the International Fire Code."
(27) Section 705.1, Delete: "International Residential Code" and replace with "Kentucky Building Code, Kentucky Residential Code, City of Dayton Code of Ordinances, and the International Fire Code."
(D) Amendments to Energy Conservation Code. Under the Energy Conservation Code, the term "code official" refers to the City of Dayton Director of Code Enforcement and/or his or her deputies. The 2021 International Energy Conservation Code, excluding appendices, are hereby adopted by the City of Dayton, Kentucky, with the following revision:
(1) Section Cl01.1, Insert: "the City of Dayton, Campbell County Kentucky."
(E) Severability. If any section, subsection, sentence, clause or phrase of this legislation is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council for the City of Dayton hereby declares that it would have passed this law, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
(Ord. 2016-1, passed 5-3-16; Am. Ord. 2019-1, passed 2-5-19; Am. Ord. 2021-19, passed 12-7-21)
Fire and life-safety regulations promulgated by National Fire Protection Association - specifically the 2018 edition of “NFPA 1 Fire Code,” the 2018 edition “NFPA 101 Life Safety Code,” and the 2017 edition “NFPA 70 National Electric Code,” and future amendments to these codes - are hereby adopted for use in and application to all buildings and structures in the city.
(Ord. 2022-23, passed 9-20-22)
PERMITS
(A) It shall be unlawful to construct, enlarge, alter, remove, or demolish a building or to install or alter any equipment without first filing application with the City Inspector/Zoning Administrator and writing and obtaining the required permit therefor, except that ordinary repairs as defined in division (B) of this section shall be exempt from this provision.
(B) Ordinary repairs to buildings may be made without application or notice to the City Inspector/Zoning Administrator; but those repairs shall not include the removal or cutting away of any wall, partition, or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of ingress and egress, or the rearrangement of parts of a structure affecting the exitway requirements. Ordinary repairs shall not include addition to, alteration of, replacement of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electrical wiring, or mechanical or other work affecting public health and safety.
(Ord. 950.2, passed 2-9-76) Civil offense, see § 38.15
The Campbell County building permit fee schedule, as amended from time to time, is hereby adopted by reference as if fully set forth in this code of ordinances. Copies of the fee schedules and any amendments thereto shall be placed on file in the office of the City Clerk/
Treasurer where they shall be available for public inspection during normal business hours. However, neither the city nor its agencies shall be required to pay any building permit fee established hereunder.
(Ord. 950.2, passed 2-9-76; Am. Ord. 1993-1, passed 2-16-93; Am. Ord. 1996-20, passed 12-17-96; Am. Ord. 2005-9, passed 5-3-05; Am. Ord. 2005-19, passed 9-6-05; Am. Ord. 2009-2, passed 5-5-09)
(A) Electrical permits shall be obtained prior to the installation, addition, alteration, repair, relocation, or removal of electrical wiring.
(B) The cost of the permit for electrical installation, additions, alterations, repair, relocation, or removal shall be as set forth in § 150.16 above.
(C) All electrical permits shall be obtained from the City Inspector’s Department.
(Ord. 1990-17, passed 11-20-90; Am. Ord. 2005-19, passed 9-6-05)
The following schedule for zoning permits, appeals, zoning applications, and other matters required under Chapter 154 is adopted as a fee schedule for the respective permits. The schedule applies in all situations where a permit is required with the exception that the city or any of its agencies is not required to obtain a permit nor pay a fee and does not apply to qualified buildings in the enterprise zone:
(A) Site Development Plan Review.
(1) Industrial, Commercial and Special Zones: I-1, I-2, NCD, CBD, RO, PUD, MLU.
(a) Rate (0-10,000 square feet of building) = $0.20/sq. ft. (flat fee) + $15.00/acre (land area) + $100.00 inspection fee + $15.00 Certificate of Land Use Restriction (CLUR).
(b) Rate (10,001 - 60,000 square feet of building) = $0.25/sq. ft. (flat fee) + $15.00/acre (land area) + $100.00 inspection fee + $15.00 CLUR.
(c) Rate (60,001 - 100,000 square feet of building) = $0.30/sq. ft. (flat fee) + $15.00/acre (land area) + $100.00 inspection fee + $15.00 CLUR.
(d) Rate (over 100,000 square feet of building) = $0.35/sq. ft. (flat fee) + $15.00/acre (land area) + $100.00 inspection fee + $15.00 CLUR.
(2) Zones: CO, R-lbC, R-lc, R-ld, R-le, R-lg, R-lh, R-ljJ, R-2, R-3, R-4, RCD, RMHP. Rate = $0.10/sq. ft. (flat fee) + $15.00/acre (land area) + $100.00 inspection fee + $15.00 CLUR.
(3) Cellular/telecommunications tower site plan review: all zones. Rate = $1,000.00 (flat fee).
(4) Minimum fee for all zones = $250.00 + $100.00 inspection fee (co-locations on cell towers).
(5) All zones:
Item | Rate |
Extension of time of site plan construction work | $50.00 (flat fee) plus $75.00 inspection fee |
Revision fee of approved site plans | 50% of original fee |
Any project started before obtaining a permit shall be charged double the regular permit rate, but still must comply with all the requirements of the county. | |
(B) Subdivision Review.
Item | Rate |
Item | Rate |
Preliminary Plat | $500.00 (flat fee) plus $10.00 per acre (land area) plus $15.00 CLUR |
Improvement Plan | $500.00 (flat fee) plus $10.00 per acre (land area) plus $15.00 CLUR |
Final Plat | $400.00 (flat fee) plus $10.00 per acre (land area) |
Grading Plan | $400.00 (flat fee) plus $10.00 per acre (land area) |
Waiver | $400.00 (flat fee) |
Resubmission or charges to above | 50% of original fee |
Conveyance | $200 (flat fee) |
Identification Plat | |
(1) Inspection Fees. Improvement Plan Review.
(a) Earthwork, Grading, and Final Inspection for Street Inspections. Rate = $1.50 per lineal foot along street centerlines.
(b) Storm drainage systems. Rate = $0.75 per lineal foot of pipe.
(2) The Sanitation District No. 1 and the Northern Kentucky Water Service District shall inspect sanitary sewer and water systems construction and installation, respectively. Results of the inspection(s) shall be forwarded to the Planning Commission’s duly authorized representative upon completion. Fire Access and hydrant installation shall be inspected by the governing Fire District Chief and/or Inspector. Approval from these three agencies must be received before Final Plat approval can be granted.
(3) (a) Construction Inspection fees shall be limited to improvement items to be dedicated for public use and maintenance and grading work on the site.
(b) Construction inspection fees shall be calculated by the applicant and verified by the Campbell County Planning Commission’s duly authorized representative upon review of the submitted improvement drawings.
(4) Storm Drainage Systems (if part of the proposed Grading Plan). Rate = $0.75 per lineal foot of pipe.
(5) (a) Construction inspection fees shall be limited to improvement items to be dedicated for public use and maintenance and grading work on the site.
(b) Construction inspection fees shall be calculated by the applicant and verified by Campbell County Planning Commission’s duly authorized representative upon review of the submitted improvement drawings.
(c) One hundred percent of the total for inspection fees shall be submitted prior to approval of the grading plan. Grading plan fees that are paid in full are not required as part of the improvement plan and final plat review inspection fee unless changes are made to the grading and storm sewer plans.
(d) Any project started before obtaining a permit shall be charged double the regular permit rate, but still must comply with all the requirements of the county.
(C) Zone map amendment.
(1) Zones: CO, R-lbC, R-lc, R-ld, R-le, R-lg, R-lh, R-ljJ, R-2, R-3, R-4, RCD, RMHP. Rate = $1,000.00 (flat fee) + $5.00 per adjoining property owner + $100.00 publication fee + $10.00 per acre (land area) + $15.00 CLUR.
(2) Zones: NCD, CBD, RO, PUD, MLU. Rate = $1,200.00 (flat fee) + $5.00 per adjoining property owner + $100.00 publication fee + $10.00 per acre (land area) + $15.00 CLUR.
(3) Zones: I-1,1-2. Rate = $1,500.00 (flat fee) + $5.00 per adjoining property owner + $100.00 publication fee + $10.00 per acre (land area) + $15.00 CLUR.
(4) Postponement or continuance of a zoning map amendment request or concept.
(5) Development plan approval requiring a new public hearing (when requested by the applicant and as a result of the applicant’s action). Rate = 50% of the above flat fee + $5.00 per adjoining property owner + $100.00 publication fee.
(D) Board of Adjustment and Zoning Appeal Review.
(1) Appeals.
(a) Agricultural and Residential Zones = $350.00 (flat fee) + $5.00 per adjoining property owner + $100.00 publication fee + $15.00 CLUR.
(b) All other zones. Rate = $650.00 (flat fee) + $5.00 per adjoining property owner + $100.00 publication fee + $15.00 CLUR.
(2) Change of non-conforming use to another.
(a) Agicultural and Residential Zones. Rate = $250.00(flat fee) + $5.00 per adjoining property owner + $100.00 publication fee + $15.00 CLUR.
(b) All other zones. Rate = $500.00(flat fee) + $5.00 per adjoining property owner + $100.00 publication fee + $15.00 CLUR.
(3) Variance.
(a) Agricultural and Residential Zones. Rate (Each Variance) = $350.00(flat fee) + $5.00 per adjoining property owner + $100.00 publication fee + $15.00 CLUR.
(b) All other zones. Rate(Each Variance) = $600.00 (flat fee) + $5.00 per adjoining property owner + $100.00 publication fee + $15.00 CLUR.
(4) Conditional use permit.
(a) Agricultural and Residential Zones. Rate = $400.00 (flat fee) + $5.00 per adjoining property owner + $100.00 publication fee + $15.00 CLUR.
(b) All other zones. Rate = $700.00 (flat fee) + $5.00 per adjoining property owner + $100.00 publication fee + $15.00 CLUR.
(E) Zoning permit fees.
(1) In all Residential Zones.
(a) Building types.
Building type | Rate |
Single Family | $50.00 per unit |
Two Family, Multi- Family | $100.00 per unit |
Manufactured Home | $50.00 per unit |
Accessory Structures | $50.00 per unit |
(b) Additions to existing buildings (excluding construction of new units, but including detached buildings).
Item | Rate |
Increase in size up to 150 square feet | $50.00 |
Each additional 1,000 square feet | $10.00 |
(2) All other zones. New construction or additions to existing buildings.
Item | Rate |
Up to 5,000 square feet of gross floor area | $100.00 |
Each 1,000 square foot over 5,000 square foot of gross floor area | $10.00 |
Each 1,000 square foot over 100,000 square foot of gross floor area | $5.00 |
(3) General-All Zones.
Item | Rate |
Change in Use/Occupancy, when zoning classification and building dimensions are not changed (a building inspection is required prior to occupancy). | $75 (flat fee) |
(4) Certificate of Occupancy.
Item | Rate |
Conforming uses and structures | $50.00 (flat fee) |
Non-conforming uses and structures | $50.00 (flat fee) |
Note: A certificate of occupancy shall not be issued unless all construction items have been completed (including sidewalks, driveway aprons, decks, and all items required under the current building code).
(5) Sign permit review. All classes (1-9) = $100.00 per sign.
(6) Swimming pool permit. All zones = $50.00 (flat fee).
(7) Fence permit. All zones = $50.00 (flat fee).
(8) Other accessory uses. All zones = $30.00 (flat fee).
(9) Parking and Loading/Unloading areas. Off street parking and loading/unloading areas (when developed separately and not included in residential or commercial listings above) where total area is less than 5,000 square feet.
Item | Rate |
0-5,000 square feet | $50.00 |
Each 1,000 square feet over 5,000 square feet | $5.00 |
(F) Fees not returnable. Fees required in any of the foregoing regulations or in any parts of this chapter shall not be returnable for any cause, regardless of the outcome of decision on any application. No fee or part thereof shall be refunded once an application has been advertised for public hearing.
(Ord. 1993-7, passed 4-20-93; Am. Ord. 1998-14, passed 11-17-98; Am. Ord. 2005-19, passed 9-6-05)
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