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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 9.4 VISION CLEARANCE.
   No type of structure, vehicle, tree, planting, vegetation, sign, or fence, or any type of obstacle or any portion thereof shall be placed or retained in a manner which would create a traffic hazard or would obstruct the vision clearance at corners, curb cuts, or railroad crossings in any zone, as determined by the City Inspector/Zoning Administrator.
(Ord. 2017-6, passed 4-4-17) Penalty, see § 18.10
SECTION 9.5 FRONTAGE ON CORNER LOTS AND DOUBLE FRONTAGE LOTS.
   On lots having frontage on more than one street, the minimum front yard depth shall be provided for each street, in accordance with the provisions of this appendix.
(Ord. 2017-6, passed 4-4-17)
SECTION 9.6 UTILITIES LOCATION.
   Electrical transformer stations, gas regulator stations, sewage and water treatment plants, pumping stations, standpipes for public water supply, and other similar utility uses may be located in any zone subject to the approval of the Board of Adjustment, as set forth in § 18.6. The location of these facilities shall be in accordance with state statutes, all other pertinent regulations, and the following requirements:
   A.   These facilities shall be essential for the immediate area or for the proper functioning of the total utility system of which the element is a part.
   B.   A building or structure, except an enclosing fence, shall be set back the necessary distance from any property line, as established by the Board of Adjustment, to ensure proper integration with surrounding development.
   C.   These facilities shall be enclosed by a protective fence as regulated by §§ 13.0 through 13.10.
   D.   Open spaces on the premises shall be suitably landscaped and maintained and a screening area according to § 9.17 may be required in and along any yard.
   E.   The storage of vehicles and equipment on the premises, unless enclosed or screened, shall be prohibited.
   F.   The surrounding area shall not be adversely affected by, and shall be protected from noise, odor, glare, dust, gas, smoke, and vibration by any suitable means and conditions as the Board of Adjustment may specify.
(Ord. 2017-6, passed 4-4-17)
SECTION 9.7 RAILROAD RIGHTS-OF-WAY LOCATION.
   Railroad rights-of-way, exclusive of those uses as marshaling yards, spur lines, passenger and freight terminals, maintenance shops, fueling facilities and round houses, may be located in any zone of this appendix providing the railroad rights-of-way meet the requirements of those sections of the state statutes and other pertinent state regulations.
(Ord. 2017-6, passed 4-4-17)
SECTION 9.8 EXCAVATION, MOVEMENT OF SOIL, TREE REMOVAL, AND EROSION AND SEDIMENTATION CONTROL.
   A.   No governmental entity or other person or entity shall strip, excavate, fill, or otherwise move soil, trees, or other vegetation except for minor changes such as: the filling of small depressions, removal of vegetation which is diseased or endangering the public safety, and the like without first insuring that all requirements of the subdivision regulations, if applicable, have been fulfilled and then obtaining a permit from the City Inspector/Zoning Administrator. All fill must be of suitable material and approved by the City Inspector/Zoning Administrator.
   B.   The City Inspector/Zoning Administrator may issue the required permit after determining that the resulting change in grade or removal of trees and other vegetation in the affected area will be in conformance with all applicable provisions of this appendix. The provisions of this section shall not be construed to prohibit normal excavation or grading incidental to the construction or alteration of a building on the premises for which a building permit has been granted as required otherwise in this appendix.
   C.   Erosion and sedimentation control: erosion and sedimentation controls for excavation, movement of soil, and tree removal, shall be planned and applied according to the following:
      1.   The smallest practical area of land shall be exposed at any one time during development.
      2.   When land is exposed during development, the exposure shall be kept to the shortest practical period of time.
      3.   Temporary vegetation and/or mulching shall be used to protect critical areas exposed during development.
      4.   Sediment basins (debris basins or silt traps) shall be installed and maintained to remove sediment from run-off waters from land undergoing development.
      5.   Provisions shall be made to accommodate the increased run-off caused by changed soil and surface conditions during and after development.
      6.   Permanent final vegetation and structures shall be installed as soon as practical in the development.
      7.   The development shall be fitted to the topography and soils so as to create the least erosion potential.
      8.   Wherever feasible, natural vegetation shall be retained and protected.
(Ord. 2017-6, passed 4-4-17)
SECTION 9.9 UNSIGHTLY OR UNSANITARY STORAGE.
   No rubbish, salvage materials, junk, or miscellaneous refuse shall be openly stored or kept in the open and weeds shall not be allowed to go uncut within any zones when the same may be construed to be a menace to public health and safety by the appropriate health department, or have a depressing influence upon property values in the neighborhood.
(Ord. 2017-6, passed 4-4-17) Penalty, see § 18.10
SECTION 9.10 JUNKYARD LOCATION.
No junkyards shall be permitted to locate within the city.
(Ord. 2017-6, passed 4-4-17) Penalty, see § 18.10
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