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Dayton Overview
Dayton, KY Code of Ordinances
DAYTON, KENTUCKY CODE OF ORDINANCES
ADOPTING ORDINANCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
CHAPTER 150: BUILDING REGULATIONS
CHAPTER 151: FENCES
CHAPTER 152: FLOOD DAMAGE PREVENTION
CHAPTER 153: UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT
CHAPTER 154: ZONING CODE
§ 154.01 ADOPTION BY REFERENCE.
ARTICLE I A ZONING ORDINANCE
ARTICLE II AUTHORITY AND PURPOSE
ARTICLE III SHORT TITLE
ARTICLE IV INTERPRETATION
ARTICLE V CONFLICT
ARTICLE VI SEVERABILITY CLAUSE
ARTICLE VII DEFINITIONS
ARTICLE VIII ESTABLISHMENT OF ZONES
ARTICLE IX GENERAL REGULATIONS
SECTION 9.0 PURPOSE.
SECTION 9.1 APPLICATION OF ZONING REGULATIONS.
SECTION 9.2 REDUCTION IN BUILDING SITE AREA.
SECTION 9.3 INTERFERENCE WITH TRAFFIC SIGNALS.
SECTION 9.4 VISION CLEARANCE.
SECTION 9.5 FRONTAGE ON CORNER LOTS AND DOUBLE FRONTAGE LOTS.
SECTION 9.6 UTILITIES LOCATION.
SECTION 9.7 RAILROAD RIGHTS-OF-WAY LOCATION.
SECTION 9.8 EXCAVATION, MOVEMENT OF SOIL, TREE REMOVAL, AND EROSION AND SEDIMENTATION CONTROL.
SECTION 9.9 UNSIGHTLY OR UNSANITARY STORAGE.
SECTION 9.10 JUNKYARD LOCATION.
SECTION 9.11 SPECIAL REQUIREMENTS GOVERNING HOME OCCUPATIONS.
SECTION 9.12 CONTINUING EXISTING USES AND STRUCTURES(NONCONFORMING).
SECTION 9.13 EXCEPTIONS AND MODIFICATIONS:
SECTION 9.14 CONDITIONAL USES.
SECTION 9.15 BUILDING REGULATIONS; WATER AND SANITARY SEWER SERVICE.
SECTION 9.16 MOVING BUILDINGS.
SECTION 9.17 SCREENING AND DUMPSTER AREA.
SECTION 9.18 OUTDOOR SWIMMING POOLS.
SECTION 9.19 SITE PLAN REQUIREMENTS.
SECTION 9.20 PLAN REQUIREMENTS; STAGES I, II, AND RECORD PLAT.
SECTION 9.21 AIR RIGHTS.
SECTION 9.22 DESIGN AND CONSTRUCTION OF IMPROVEMENTS.
SECTION 9.23 PARKING OR STORING OF TRAILERS, MOBILE HOMES, CAMPERS, INOPERABLE VEHICLES, AND OTHER SUCH TYPE EQUIPMENT.
SECTION 9.24 HILLSIDE DEVELOPMENT CONTROLS.
SECTION 9.25 GENERAL MOBILE HOME REGULATIONS.
SECTION 9.26 PHASED ZONING REGULATIONS.
SECTION 9.27 CELLULAR OR WIRELESS COMMUNICATION SYSTEMS.
SECTION 9.28 TATTOO AND BODY PIERCING ESTABLISHMENTS.
SECTION 9.29 RESIDENTIAL INFILL DEVELOPMENT REGULATIONS.
SECTION 9.30 DESIGN REVIEW
SECTION 9.31 RESIDENTIAL INFILL DEVELOPMENT DECISION-MAKING AND REVIEW CRITERIA.
ARTICLE X ZONE REGULATIONS
ARTICLE XI OFF-STREET PARKING REGULATIONS
ARTICLE XII OFF-STREET LOADING AND UNLOADING REGULATIONS
ARTICLE XIII FENCES, WALLS AND OBSTRUCTION TO VIEW REGULATIONS
ARTICLE XIV SIGN REGULATIONS
ARTICLE XV PERFORMANCE STANDARDS FOR INDUSTRIAL ZONES
ARTICLE XVI ADMINISTRATION
ARTICLE XVII AMENDMENT PROCEDURE
ARTICLE XVIII
ARTICLE XIX SCHEDULE OF FEES
CHAPTER 155: SUBDIVISION REGULATIONS
CHAPTER 156: HISTORIC PRESERVATION
CHAPTER 157: REGISTRATION OF VACANT REAL PROPERTY
CHAPTER 158: REASONABLE ACCOMMODATIONS IN RESIDENTIAL NEIGHBORHOODS
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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SECTION 8.3 REPLACEMENT OF OFFICIAL ZONING MAP.
   In the event that the official zoning map becomes damaged, destroyed, lost or is deemed necessary to be replaced due to the age of the map or major corrections in location of rights-of-way or subdivisions, the City Council may cause to have prepared and adopt a new official zoning map which shall supersede the prior official zoning map, but no such corrections shall have the effect of amending the original zoning map or any subsequent amendment thereto.
(Ord. 2017-6, passed 4-4-17)
SECTION 8.4 RULES FOR INTERPRETATION OF ZONE BOUNDARIES.
   Rules for interpretation of zone boundaries shown on the official zoning map are as follows:
   A.   Boundaries indicated as approximately following the rights-of-way of a street, alley, or other public way shall be construed to follow such rights-of-way lines and when said rights-of-way are officially vacated, the zones bordering those rights-of-way shall be extended out to the centerline of the vacated rights-of-way.
   B.   Boundaries indicated as approximately following platted lot lines shall be construed as following the lot lines.
   C.   Boundaries indicated as approximately following political boundary lines shall be construed as following the boundary lines.
   D.   Boundaries indicated as approximately following the rights-of-ways of railroad lines shall be construed as following the lines.
   E.   Boundaries indicated as approximately following the centerlines of streets, streams, rivers, ditches, gullies, ravines, or other bodies of water shall be construed to follow the centerlines.
   F.   Boundaries indicated as approximately following a topographic elevation, determined by the scale of the map shall be construed as following the ground elevation lines.
   G.   Boundaries indicated as approximately parallel to features indicated in divisions A through F of this section, shall be construed as parallel to those features. Boundaries indicated as approximate extensions of features shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map, if an accurate legal description cannot be determined.
(Ord. 2017-6, passed 4-4-17)
SECTION 8.5 AREAS NOT INCLUDED WITHIN ZONES.
   A.   When an area is annexed to the city, or in any case where property within the city has not been included within a zone, either through error or omission this property shall be officially included in the C-O Zone until otherwise classified.
   B.   Within sixty (60) calendar days after an annexed area officially becomes a part of the city, or an error or omission is recognized, the City Council shall take action to initiate a zone change review of the area in question, as per §§ 17.0 and 17.1, to insure its appropriate zoning classification in conformity with the officially adopted Comprehensive Plan.
(Ord. 2017-6, passed 4-4-17)
ARTICLE IX GENERAL REGULATIONS
SECTION 9.0 PURPOSE.
   General regulations shall apply to all districts.
(Ord. 2017-6, passed 4-4-17)
SECTION 9.1 APPLICATION OF ZONING REGULATIONS.
   A.   Except as herein provided, no part of any yard, or other open space, or off-street parking or loading and unloading space about or in connection with any building, structure, or use permitted by this appendix shall be considered to be part of a required yard, or other open space, or off-street parking or loading or unloading space for any other building, structure or use.
   B.   Except as herein provided, every structure hereafter erected shall be located on a lot as herein defined and in no case shall there be more than one principal building and permitted accessory structure on lot, nor shall any building be erected on any lot which does not abut a public right-of-way.
   C.   Except as herein provided, accessory structures including utility buildings and storage sheds, and accessory uses shall not be permitted within any required minimum front yard or side yard (on each side of the lot) in any zone. Accessory structures including utility buildings and storage sheds, and accessory uses may be permitted to extend into the minimum rear yard areas, as defined herein, in all zones, provided that those structures are set back from the rear lot line a minimum of the distance equal to the distance of the side yard setback of the zone in which the property is situated, and required minimum side yard clearances are maintained. In addition, where rear yards are adjacent to an alley, garages shall be required to be set back only five feet from the rear lot line unless the side yard setback distance in the zone is less than five fee, and required minimum side yards are maintained. Location of off-street parking, loading, or unloading areas, fences, and signs are governed by their respective sections, as provided herein.
   D.   Permitted obstructions in minimum required yards. Except as herein provided, the following shall not be considered to be obstructions when located in the required minimum yards specified:
      1.   In all minimum required yards. Driveways as provided for in § 11.1C); private walkways; steps four feet or less above grade projecting no more than four feet into the minimum required yards which are necessary for access to a lot from a street or alley; fire escapes and chimneys projecting no more than 178 inches into the minimum required yards; arbors and trellises; flag poles; bird baths; trees; plants; shrubberies; ornaments, utility poles and wires; and outdoor furniture; fences and walls, subject to the requirements in §§ 13.0 through 13.10, and off-street parking as provided for in §§ 11.0 through 11.4.
      2.   In minimum front yard depths. Bay windows and ornamental porches (not more than three fee wide) projecting three feet or less into the minimum required yard; overhanging eaves and gutter projecting not more than three feet into the minimum required front yard; air conditioning equipment; and awnings and canopies extending not more than four feet into the minimum required front yard.
      3.   In minimum rear yard depths. Bay windows, over-hanging eaves, and gutters, and air conditioning equipment projecting not more than three feet into the minimum required rear yard; awning and canopies provided they not extend more than ten feet into the minimum required rear yards.
      4.   In minimum side yard with. Air conditioning equipment, excluding compressor for central air conditioning unit; and overhanging eaves and gutters projecting no more than 18 inches into the minimum required side yard; awning and canopies providing that they extend not more than two feet into the minimum required side yard.
   E.   Except as herein provided, no new use may be created nor may any land or building be used for any use other than those uses permitted in the zone in which the land or building is located.
(Ord. 2017-6, passed 4-4-17)
SECTION 9.2 REDUCTION IN BUILDING SITE AREA.
   Except as herein provided, no lot, in any zone, may be reduced in area below the minimum lot area as specified herein for the zone within which that lot is located, except where reduction has been brought about by the expansion or acquiring of rights-of-way for a street. If however, by some means (such as misinterpretation of law, erroneous lot descriptions, and the like) the lot area is reduced below the minimum required area as specified herein for the zone, all of the uses and structures contained on the remaining portion of the area shall be subject to compliance with all other provisions of this appendix. In the event that the uses and structures cannot comply in those circumstances, the property owner may seek relief from the Board of Adjustment, as provided for in § 18.6.
(Ord. 2017-6, passed 4-4-17)
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