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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
No junkyards shall be permitted to locate within the city.
(Ord. 2017-6, passed 4-4-17) Penalty, see § 18.10
Home occupations shall include the use of the premises for services rendered other than by direct contact with customers at that location (for example, where the bulk of the business is by telephone and actual work is performed in home and customer is contacted in other than that location). The following requirements shall apply to home occupations when permitted herein:
A. No persons other than members of the family residing in the premises shall be engaged in the operation.
B. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants. Not more that 25% of the gross floor area of any one floor of the dwelling unit (including the basement or cellar) shall be used in the conduct of the home occupation.
C. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling unit, except that a name plate as regulated be §§ 14.0 through 14.7, shall be permitted.
D. No home occupation shall be conducted in any accessory building, nor shall there be any exterior storage of any materials on the premises.
E. There shall be no commodity sold upon the premises in connection with the home occupation.
F. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.
G. No equipment or process, which creates noise, vibration, flare, fumes, odors, or electrical interference detectable to the normal senses off the lot, shall be used in such home occupation. In the case of electrical interference, no equipment or process, which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises, shall be used.
(Ord. 2017-6, passed 4-4-17)
A. Nonconforming lots of record:
1. Any lot of record which does not meet the requirements of this appendix shall be considered a nonconforming lot of record.
2. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this appendix, and if all or part of the lots do not meet the requirements for lot width and area as established by this appendix, the lands involved shall be considered to be an undivided parcel for the purposes of this appendix, and no portion of that parcel shall be used or sold which does not meet lot width and area requirements established by this appendix, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this appendix.
3. Where a single nonconforming lot of record exists having a lot area less than required by the particular zone district wherein the lot is located, development may be permitted on the lot, provided: the lot is located on an existing and improved public street; the lot is of separate ownership from all adjacent and contiguous parcels; the adjacent and contiguous parcels exist as developed building lots or dedicated street right-of-ways precluding acquisition of additional area to achieve conformity; and development proposed on the lot is in conformance with all other requirements of this appendix. Where a dimensional variance from any minimum yard, setback, and the like is necessary to develop on the lot, an application for dimensional variance shall be submitted for review and approval by the Board of Adjustment in accordance with § 18.0 through 18.11.
B. Nonconforming uses:
1. Continuance: Except as herein provided, the lawful use of any structure or land existing at the time of the adoption of this appendix may be continued although that use does not conform to the provisions of this appendix; it shall become a legal nonconforming use. However, no nonconforming use or structure may be enlarged or extended beyond its area of use at the time it becomes a legal nonconforming use, unless and until the use is brought into conformance with all provisions of this appendix.
2. Change from one nonconforming use to another:
a. The lawful use of a building or premises existing at the time of adoption of this zoning code may be continued, although such use does not conform to the provisions of such zoning code, except as otherwise provided therein.
b. The Board of Adjustment shall not allow the enlargement or extension of a nonconforming use beyond the scope and area of its operation at the time the regulation which makes its use nonconforming was adopted, nor shall the Board permit as change from one nonconforming use to another unless the new nonconforming use is in the same or a more restrictive classification. However, the Board may grant approval, effective to maintain nonconforming-use status, for enlargements or extensions, made or to be made, of the facilities of a nonconforming use, where the use consists of the presenting of a major public attraction or attractions, such as a sports event or events, which has been presented at the same site over such period of years and has such attributes and public acceptance as to have attained international prestige and to have achieved the status of a public tradition, contributing substantially to the economy of the community and state, of which prestige and status the site is an essential element, and where the enlargement or extension was or is designed to maintain the prestige and status by meeting the increasing demands of participants and patrons.
3. Termination: in all cases, the Board of Adjustments shall hold a public hearing in accordance with the applicable requirements of § 18.2. Following that hearing, the Board may terminate the right to operate a nonconforming use based on any of the following conditions, and if the decision is to do so, the Board shall state its bases, in writing, for that determination.
a. Non-operative, non-used, or abandoned for a period of 12 consecutive months providing that the Board of Adjustments may allow the continuation of that nonconforming use if it is determined that reasons for the nonuse were beyond the owner’s/ operator’s control.
b. Whenever the structure, in which the nonconforming use is operated, is damaged in any manner whatsoever and the cost of repairing such damage exceeds 50% of the market value of that structure in which the nonconforming use is operated and a determination is made by the Board of Adjustment that this structure should not be reconstructed.
c. Whenever the structure, in which the nonconforming use is operated, becomes obsolete or substandard under any applicable ordinance of the city and the cost of placing that structure in lawful compliance with the applicable ordinance exceeds 50% of the market value of that structure as of the date of the official order under the applicable ordinance and a determination is made by the Board of Adjustment that this structure should not be reconstructed.
d. Whenever said nonconforming use is determined to be detrimental or injurious to the public health, safety, or general welfare.
4. Zone change: the foregoing provisions shall apply to uses which become legally nonconforming due to zone changes which take place thereafter.
C. Nonconforming structures:
1. Continuance: except as herein provided, any lawful nonconforming structure existing at the time of adoption of this appendix, may be occupied, operated, and maintained in a state of good repair, but no nonconforming structure shall be enlarged or extended unless the enlargement or extension can be, and is, made in compliance with all of the provisions of this appendix.
2. Termination: In all cases the Board of Adjustment shall hold a public hearing in accordance with the applicable requirements of § 18.2. Following that hearing, the Board may terminate the right to operate a nonconforming structure based on any of the following conditions, and if the decision is to do so, the Board shall state its bases, in writing, for that determination.
a. Whenever the nonconforming structure is damaged in any manner exceeds 50% of the market value of that structure and a determination is made by the Board of Adjustment that the structure should not be reconstructed.
b. Whenever the nonconforming structure becomes obsolete or substandard under any applicable ordinance of the city and the cost of placing the nonconforming structure in lawful compliance with the applicable ordinance exceeds 50% of the market value of the nonconforming structure as of the date of the official order under the applicable ordinance and a determination is made by the Board of Adjustment that the structure should not be reconstructed.
c. Whenever a nonconforming structure is determined to be detrimental or injurious to the public health, safety, or general welfare.
3. Zone change: The foregoing provisions shall apply to structures which become legally nonconforming due to zone changes which take place thereafter.
D. Repairs and maintenance:
1. On any building devoted in whole or in part to any nonconforming use, work may be done on ordinary repairs, or on repair or replacement or nonbearing walls, fixtures, wiring, or plumbing, provided that the cubic content of the building, as it existed at the time of passage or amendment of this appendix which rendered it nonconforming, shall not be increased.
2. Nothing in this appendix shall be deemed to prevent the strengthening or restoring, to a safe condition, of any building, structure, or part thereof declared to be unsafe by any official charged with protecting the public safety, except for the conditions as stated in B, 3, b, or C, 2, b of this section.
E. Nonconforming signs:
1. Continuance: Except as herein provided, any lawful nonconforming sign existing at the time of adoption of this appendix, may be continued; however, no sign shall be changed in any manner unless it is changed in compliance with all provisions of this appendix.
2. Termination: In all cases, the Board of Adjustment shall hold a public hearing in accordance with the applicable requirements of § 18.2. Following that hearing, the Board may terminate the right to operate a nonconforming sign based on any of the following conditions and, if the decision is to do so, the Board shall state its bases, in writing, for determination and the property owner shall be responsible to remove the sign at the owner’s expense. If the sign is not removed within 30 days of the date of the Board’s action to terminate the sign, the city may remove the sign and may bill the owner, or attach the cost of the service to the annual property tax bill:
b. Nonuse or abandonment of a nonconforming sign for a period of 12 consecutive months.
3. Zone change: the foregoing provisions shall also apply to signs which become legally nonconforming due to zone changes which take place thereafter.
(Ord. 2017-6, passed 4-4-17)
A. Exceptions to height limits: the height limitations of this appendix shall not apply to such things as: church spires, various types of towers, smoke stacks, other related structures and necessary mechanical appurtenances, etc.; provided their construction is in accordance with existing or hereafter adopted ordinances of the city and is acceptable to the Federal Aviation Agency and the Federal Communications Commission.
B. Front yard variance: where the average depth of existing front yards within 300 feet of the lot in question and within the same block front, is greater than the minimum front yard depth required by this appendix, the required minimum front yard depth on the lot shall be modified to be the average depth of the existing front yards.
C. Exception to area and yard regulations: where existing or proposed development within the R-3 Zone is to be subdivided, the minimum area and yard requirements may be less than required by this appendix provided that:
1. The maximum density of the zone is not exceeded or the minimum site for the total development must not be less than that required by the respective zone.
2. A site plan, as required by the applicable requirements of § 9.19, including the proposed area and yard requirements for the development, is submitted for review and approval by the Planning Commission.
D. In any residential zone, no front yard shall be required to exceed the average depth of existing front yards on the same side of the street within the same block, when fifty-one percent (51%) or more of lots within that block are improved with residential buildings, whichever is greater.
E. Infill development standards shall apply to properties meeting the applicability requirements as specified in Section 9.29.
(Ord. 2017-6, passed 4-4-17; Am. Ord. 2022-3, passed 3-15-22)
A. Determination: subject to the requirements of § 18.7, the Board of Adjustments may authorize a conditional use to be located within any zone in which such conditional use is permitted, if the evidence presented by the applicant is such as to establish, beyond any reasonable doubt:
1. That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or the community;
2. That such use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity.
B. Conditional use permits: in accordance with KRS 100.237, the Board of Adjustment shall have the power to hear and decide applications for conditional use permits to allow the proper integration into the community of uses which are specifically named herein which may be suitable only in specific locations in the zone only if certain conditions are met:
1. The Board of Adjustments may approve, modify, or deny any application for a conditional use permit. If it approves a permit, it may attach necessary conditions such as time limitations, requirements that one or more things be done before the request can be initiated, or conditions of a continuing nature. Any such conditions shall be recorded in the Board’s minutes and on the conditional use permit, along with a reference to the specific section in the zoning regulation listing the conditional use under consideration. In addition, said conditional use permit shall be recorded in the office of the County clerk and one copy of said permit attached to the deed for the property for which it is issued. The Board shall have power to revoke conditional use permits, or variance for noncompliance with the condition thereof. Furthermore, the Board shall have a right of action to compel offending structures or uses removed at the cost of the violator and may have judgment in persona for that cost.
2. Granting of a conditional use permit does not exempt the applicant from complying with all of the requirements of this appendix, the building code, housing code, and other regulations of the city.
3. In any case where a conditional use permit has not been exercised within the time limit set by the Board or within 12 consecutive calendar months from date of issuance, such conditional use permit shall not revert to its original designation unless there has been a public hearing. Exercised as set forth in this section, shall mean that binding contracts for the construction of the main building or other improvement has been let; or in the absence of contracts that the main building or other improvement is under construction to a substantial degree, or that prerequisite conditions involving substantial investment shall be under contract, in development, or completed. When construction is not a part of the use, exercised shall mean that the use is in operation in compliance with the conditions as set forth in the permit.
4. a. The City Inspector/Zoning Administrator shall review all conditional use permits, except those for which all conditions have been permanently satisfied, at least once annually and shall have the power to inspect the land or structure where the conditional use is located in order to ascertain that the landowner is complying with all of the conditions which are listed on the conditional use permits.
b. If the landowner is not complying with all of the conditions listed on the conditional use permit, the City Inspector/Zoning Administrator shall report the fact in writing to the Chairman of the Board of Adjustment. The report shall state specifically the manner in which the landowner is not complying with the conditions on the conditional use permit, and a copy of the report shall be furnished to the landowner at the same time it is furnished to the chairman of the Board of Adjustment.
c. The Board shall hold a hearing on the report within a reasonable time, and notice of the time and place of the hearing shall be furnished to the landowner at least one week prior to the hearing. If the Board of Adjustment finds that the facts alleged in the report of the City Inspector/Zoning Administrator are true and that the landowner has taken no steps to comply within the time between the date of the report and the date of the hearing, the Board of Adjustment may authorize the City Inspector/Zoning Administrator to revoke the conditional use permit and take the necessary legal action to cause the termination of the activity on the land which the conditional use permit authorizes.
5. Once the Board of Adjustment has completed a conditional use permit and all the conditions required are of such type that they can be completely and permanently satisfied, the City Inspector/Zoning Administrator, upon request of the applicant, may, if the facts warrant, make a determination that the conditions have been satisfied, and enter the facts which indicate that the conditions have been satisfied and the conclusion in the margin of the copy of the conditional use permit which is on file with the County clerk, as required in KRS 100.329. Thereafter the use, if it continues to meet the other requirements of this appendix, will be treated as a permitted use.
(Ord. 2017-6, passed 4-4-17)
A. Building regulations: all structures shall be designed, erected, or altered in accordance with the city’s housing and building codes.
B. Water and sanitary sewer service: no building may be constructed in any zone unless that building is connected to a public water and central sanitary sewer system of adequate capacity and design, and approved by proper authorities.
C. Where existing buildings are presently unserved by a public sanitary sewer system and are located within a reasonable distance of an existing or newly extended sanitary sewer line, as determined by the City Council or the Northern Kentucky District Board of Health, that building shall be required to connect with the public sanitary sewer system and the private sewage disposal system shall be prohibited.
(Ord. 2017-6, passed 4-4-17)
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