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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)
A. Requirements: no building, structure, or improvement shall be moved or set from or upon land located in any area or transported upon any public street in the city, until and unless both:
1. A building permit to move and set; and
2. A transport permit has been obtained, and the building, structure, or improvement complies with the provisions of this section.
B. Compliance: all buildings, structures, and improvements shall comply with the city’s housing and building code, and all other applicable codes and regulations.
C. Procedure; permits: the applicant shall submit to the building inspector, the following:
1. An application for a building permit requesting an inspection of the building, structure, or improvement to be moved or set;
2. A plot plan, footing and foundation plan, and construction plans for any new construction;
3. A statement from the applicable legislative body insuring that all past and current taxes have been paid.
4. Upon receipt of the foregoing items, the City Inspector/Zoning Administrator shall inspect the building, structure, or improvements, and the proposed location where same will be set within the city and determine if the proposed development will comply with all applicable codes and regulations.
5. The move and set shall be referred to the City Inspector/Zoning Administrator for approval or denial of compliance with this appendix.
6. Upon approval by the City Inspector/Zoning Administrator, a building permit to move and set shall be issued. The City Engineer shall then be notified of same and shall issue a transportation permit. The City Engineer or his agent shall designate the route to be traveled. The transport permit is good only for the date specified on permit. The transport permit will not be issued if 90 consecutive calendar days or more have lapsed from the date of inspection by the City Inspector/Zoning Administrator. The transport permit provided for in this section shall not be in lieu of any other permits which may be required by the city.
7. No transport or building permit to move and set shall be issued until the applicant has first obtained the necessary permits from the telephone company, public utilities companies, railroad companies, and the Kentucky Department of Transportation, and the county road supervisor, whichever are applicable.
D. Fees:
1. There will be a building investigation fee as established by the City Council to cover the costs of investigation and inspection for determining the structural soundness of buildings, structures, or improvements to be moved, the fee is payable in advance and must accompany the application provided for herein. The inspection shall determine what will be necessary to bring buildings, structures, or improvements into compliance with all applicable codes and regulations should the building not comply. This fee is not returnable. If buildings, structures, or improvements are found to be in compliance with the city’s applicable codes and regulations, a building permit to move and set will be issued and the fee will be based on the cost of new foundations and all work necessary to place the building or structure in its completed condition in the new location. This fee is in addition to the building investigation fee.
2. No person, corporation, or company shall transport, move, or set any building, structure, or improvement in the jurisdiction of the City Council, until and unless such person, corporation, or company shall post with the City Inspector/Zoning Administrator a good and sufficient indemnity bond in the amount of $5,000 in favor of the city. The bond shall be made by a surety corporation authorized to do business in the state.
(Ord. 2017-6, passed 4-4-17)
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