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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)
Screening areas shall be provided for the purpose of minimizing the friction between incompatible land uses and improving the aesthetic and functional quality of new development.
A. Screening area requirements: all screening areas shall be approved by the City Inspector/Zoning Administrator (or Planning Commission, where required by this appendix) according to a submitted site plan as regulated by the applicable requirements of this appendix. Screening areas shall be designed, provided, and maintained according to the following:
1. Where vegetative and/or topographic conditions that provide a natural screening and buffer exist prior to development of properties in question, every effort shall be made to retain such conditions. In such cases additional screening may not be required, provided that provision is made for maintenance of such condition to the satisfaction of the City Council.
2. Wherever screening is required in this appendix, all trees shall be evergreen.
3. All trees shall be a minimum of 10 in height when planted unless otherwise required according to the submitted site plan.
4. All hedges shall be a minimum of 3 feet in height when planted unless otherwise required according to the submitted site plan.
5. All trees, shrubs, and, other planting materials shall be living plants (not artificial) and shall be suitable to the Northern Kentucky area and the specific conditions of the site in question, such as but not limited to soil conditions, slopes, reduction of noise pollution, maintenance necessary, and the type of screening needed. The City Council may require review of the proposed screening plan from the U.S. Soil Conservation Service, or the applicable County Agricultural Extension Service.
6. Screening areas are to be provided within the required minimum yard setback as required in each district’s regulation. In the case where property is located adjacent to another governmental jurisdiction, screening requirement shall be the same as if the zone in the adjacent legislative body (or a zone containing the most similar types of permitted uses as provided herein) were located within this city.
7. In the case where a zoning map change occurs resulting in adjacency to a different zoning district that was previously the case, and where development has already occurred on property in the unchanged district, required additional setbacks and screening requirements (as required in each district’s regulations) shall be provided for the property in the district where the zone change occurred.
B. Provision and maintenance: required screening areas shall be provided as a condition of development by the owner or developer. All required screening (including the planting of trees and other vegetation) shall be maintained by the property owner.
C. Inclusion of site plan or subdivision improvement drawings: areas to be set aside as screening areas shall be identified on the required site plans, as regulated in § 9.19, and where applicable, on the improvement drawings as regulated by the subdivision regulations. Sufficient bond, adequate to cover the required improvements as determined by the City Council may be required to be posted. It shall be unlawful to occupy any premises unless the required screening has been installed in accordance with the requirements as provided herein.
D. Dumpster screening: dumpsters, including grease traps and compactors, shall be designed, constructed and maintained according to the following:
1. Dumpsters shall be located behind the principal structure a minimum of two feet from the lot line.
2. Dumpsters shall have an enclosing lid or cover.
3. Dumpster location and details of construction shall be shown on site plans (see § 9.19).
4. Dumpsters shall be located within an enclosure that meets the following design standards:
a. The enclosure shall be a minimum of 12 feet by 12 feet in size.
b. The pad of the enclosure shall be constructed of six inches of reinforced concrete pavement that shall extend six feet beyond the gate to support the front axle of a refuse vehicle.
c. The enclosure shall be a minimum of three sides with a gate on the fourth side.
d. The enclosure shall be provided with a self-latching gate.
e. The minimum height of the enclosure walls shall be six inches taller than the dumpster.
f. The enclosure walls shall be solid and suitable for outdoor use. The enclosure design must be compatible with the principal structure.
g. Bollards shall be installed at the opening to prevent damage to the enclosure.
h. This does not apply to existing dumpsters, unless they are relocated.
(Ord. 2017-6, passed 4-4-17) Penalty, see § 18.10
A. Private swimming pools: all private swimming pools shall be regulated according to the following requirements:
1. Except as herein provided, no swimming pool or associated equipment shall be permitted within any minimum front, side, or rear yard depth, nor within any public utility right-of-way easement. Above ground pools, including apparatus and equipment pertaining to the operation of the swimming pool, shall be permitted within any minimum side or rear yard depth of the lot or easement; provided, however, that if at any time construction, repair, or maintenance is necessary within the easement, removal of the pool will be at the owner’s expense.
2. Swimming pools which are constructed in-ground, shall be required to have a fence or wall, including a self-closing or self-locking door or gate around the pool or the property on which the pool is located. Such fence or wall shall be at least four feet, but not more than seven feet in height (only classes 1, 3, 4, or 5 fences are permitted, as regulated in § 13.10). The fence or wall shall be constructed in such a manner so that a small child may not reach the pool from the street or any adjacent property without climbing the fence or wall or opening the gate or door.
3. a. Swimming pools, which are located above ground, shall be required to have a fence or wall, including a self-closing or self-locking door or gate around the pool or property upon which the pool is located. Such fence or wall shall be at least four (4) feet, but not more than seven (7) feet in height (only classes 1, 3, 4, and 5 are permitted as regulated by Article XIII of this appendix). Such fence or wall shall be constructed in such a manner that a small child may not reach the pool from the street or any adjacent property without scaling a fence or wall or opening the gate or door. Said wall may be the wall of the above ground pool providing that said wall is at least four (4) feet in height above the surrounding ground level.
b. Any access to above ground pools by means of a ladder or stairway shall be provided with a self-closing or self-locking door or gate, or some other device that would prevent a small child from gaining access to the pool by means of a ladder.
4. Glare from lights used to illuminate the swimming pool area shall be directed away from adjacent properties.
5. All swimming pools and associated equipment shall be constructed and erected in accordance with all applicable codes, ordinances, and regulations of the city. Water used in the swimming pool, which is obtained from other than a public source, shall be approved by the Northern Kentucky District Health Department.
6. All swimming pools existing at the time of adoption of this appendix which are unprotected by a surrounding fence or wall, including gates or doors, as regulated herein, shall be required to comply with the provisions of this appendix section within 60 days after its adoption.
B. Public, semi-public and commercial swimming pools: all public, semipublic, and commercial swimming pools shall be regulated according to the following requirements:
1. Except as herein provided, no swimming pool and associated equipment shall be permitted within any required yards or within the limits of any public utility right-of-way easement.
2. The swimming pool or the property on which the pool is located shall be surrounded by a fence or wall, including a self-closing or self-locking door or gate (only classes 1,3,4, and 5 fences are permitted, as regulated by Article XIII of this appendix). Such fence or wall shall be at least five feet in height, but not exceeding the height as permitted herein, and of such construction that a small child may not reach the pool from the street or from adjacent property without climbing the wall or fence or opening a door or gate.
3. Glare from lights used to illuminate the swimming pool area shall be directed away from adjacent properties.
4. All swimming pools and associated equipment of the swimming pool shall be constructed and erected in accordance with all applicable codes, ordinances and regulations of the County. Water used in the operation of the swimming pool, which is obtained from other than a public source, shall be approved of by the Northern Kentucky District Health Department.
5. No mechanical device for the reproduction or amplification of sounds used in connection with swimming pools shall create a nuisance to adjacent residential properties.
(Ord. 2017-6, passed 4-4-17) Penalty, see § 18.10
A. No building shall be erected or structurally altered nor shall any grading take place on any lot or parcel in zones where a site plan is required, except in accordance with the regulations of this section and an approved site plan as hereinafter required. Before a permit is issued for construction, one copy of the site plan of the area at a scale no smaller than one inch to one hundred feet shall be filed with the Northern Kentucky Area Planning Commission and one copy with the Building Inspector/Zoning Administrator. The site plan shall identify and locate, where applicable, the information as listed in § 9.20(B).
B. All site plans shall be reviewed by the Planning Commission or its duly authorized representative, and the factual determination approving or rejecting those plans shall be made in accordance with requirements of this and other applicable sections of this appendix, and the Comprehensive Plan for the city.
C. All site plans approved shall be binding upon the applicants, their successors, and assigns and shall limit the development to all conditions and limitations established in those plans.
D. Amendments to plans may be made in accordance with the procedure required by this appendix subject to the same limitations and requirements as those under which those plans were originally approved.
E. After final approval, the subject area may be developed in phases, provided all of the procedures required by the Planning Commission or its duly authorized representative have been complied with.
(Ord. 2017-6, passed 4-4-17)
A. Stage I - plan requirements: the Stage I Plan shall identify and provide the following information in this division A.:
1. Plans of the subject property shall be drawn to a scale not smaller than one inch equals 100 feet showing:
a. The total area in the project;
b. The present zoning of the subject property and all adjacent properties;
c. All public and private rights-of-way and easement lines located on or adjacent to the subject property which are proposed to be continued, created, enlarged, relocated, or abandoned;
d. Existing topography and approximate delineation of any topographical changes shown by contour with intervals not to exceed five feet; and
e. Delineation of all existing and proposed residential areas in the project with a statement indicating net density of the total project:
1) Detached housing. Location and approximate number of lots, including a typical section identifying approximate lot sizes and dimensions, and set back and height of buildings.
2) Attached housing. Location and description of the various housing types (such as townhouse, four-plex, garden apartment, and the like) including approximate heights of typical structures and the approximate number of units by housing type.
f. Delineation of all existing and proposed nonresidential uses in the project:
1) Commercial uses. Location and type of all uses including approximate number of acres, gross floor area, and heights of buildings.
2) Open space-recreation. The approximate amount of area proposed for common open space, including the location of recreational facilities, and identification of unique natural features to be retained.
3) Other public and semi-public uses. Location and type of all uses, including approximate number of acreage, and height of buildings.
g. Location of proposed pedestrian walkways, identifying approximate dimensions;
h. Location of proposed streets, identifying approximate dimensions of pavement, right-of-way widths, and grades;
i. Location of all existing and proposed water, sanitary sewer, and storm drainage lines, indicating approximate pipe sizes. Indication should also be given regarding the provision of electric and telephone service;
j. Certification from appropriate water and sewer agencies that will be available;
k. Identification of the soil types and geologic formations on the subject property, indicating anticipate problems and proposed methods of handling those problems;
l. Other information that may be determined necessary for description or to insure proper integration of the proposed project in the area; and
m. A schedule of development, including the staging and phasing of:
1) Residential area, in order of priority, by type of dwelling unit;
2) Streets, utilities, and other public facility improvements, in order of priority;
3) Dedication of land to public use or set aside for common ownership; and
4) Nonresidential buildings and uses, in order of priority.
2. The aforementioned information required may be combined in any suitable and convenient manner so long as the data required is clearly indicated. A separate plan or drawing for each element is not necessary, but may be provided at the option of the applicant.
B. Stage II - plan requirements: the Stage II Plan shall conform to the following requirements:
1. Plans of the subject property shall be drawn to a scale of not smaller than one inch equals 100 feet, that identifies and provides the following information:
a. The existing proposed finished topography of the subject property shown by contours with intervals not to exceed five feet. Where conditions exist that may require more detailed information on the proposed topography, contours with intervals of less than five feet may be required by the Planning Commission.
b. All housing units on the subject property:
1) Detached housing. Location, height, arrangement and number of all lots, including exact lot dimensions and setbacks, and maximum height of buildings;
2) Attached housing. Location, height, and arrangement of all buildings indicating the number of units in each building, and where applicable, location, arrangement, and dimensions of all lots.
c. Location, height, arrangement and identification of all nonresidential buildings and uses on the subject property and, where applicable, location and arrangement of all lots with exact lot dimensions.
d. All common open space areas, and recreational facilities, including lot dimensions, methods of ownership and operation and maintenance of those lands shall be identified.
e. Landscaping features, including identification of planting areas and the location, type and height of walls and fences.
f. Locations of signs indicating their orientation, size and height.
g. All utility lines and easements:
1) Water distribution systems, including line sizes, width of easements, type of pipe, location of hydrants and valves, and other appurtenances;
2) Sanitary sewer system, including pipe sizes, width of easements, gradients, type of pipes, invert elevations, location and type of manholes, the location, type, size of all lift or pumping stations, capacity, and process of any necessary treatment facilities, and other appurtenances;
3) Storm sewer and natural drainage system, including pipe culvert sizes, gradients, location of open drainage courses, width of easements, location and size of inlets and catch basins, location and size of retention and/or sedimentation basins, and data indicating the quantity of storm water entering the subject property naturally from areas outside the property, the quantity of flow at each pickup point (inlet), the quantity of storm water generated by development of the subject area, and the quantity of storm water to be discharged at various points to areas outside the subject property.
4) Other utilities (e.g., electric, telephone, and the like) including the type of service and the width of easements.
h. Location of all off-street parking, loading or unloading, and driveway areas, including typical cross sections, the type of surfacing, dimensions, and the number and arrangement of off-street parking, and loading and/or unloading spaces.
i. Circulation system.
1) Pedestrian walkways, including alignment, grades, type of surfacing and width;
2) Streets, including alignment, grades, type of surfacing, width of pavement and right-of-way, geometric details, and typing cross sections.
j. Provisions for control of erosion, hillside slippage and sedimentation, indicating the temporary and permanent control practices and measures which will be implemented during all phases of clearing, grading, and construction;
k. A schedule of development, including the staging and phasing of:
1) Residential areas, in order of priority, by types of dwelling units;
2) Streets, utilities, and other public facility improvements, in order of priority;
3) Dedication of land to public use or set aside for common ownership; and
4) Nonresidential buildings and uses, in order of priority.
2. The aforementioned information required may be combined in any suitable and convenient manner so long as the data required is clearly indicated.
C. Record plat requirements: the applicant shall submit a record plat, in conformance with the Stage II approved plans. If the record plat is submitted in sections, an index shall be developed showing the entire plan area. The particular number of the section and the relationship of each adjoining section shall be clearly shown by a small key map on each section submitted. The record plat shall conform to the applicable requirements of the subdivision regulations, unless specifically waived by the Planning Commission.
(Ord. 2017-6, passed 4-4-17)
Any proposed use of air rights, as defined herein, shall be in the form of a site plan (as regulated in § 9.19) submitted to the Planning Commission, or its duly authorized representative, for its review.
(Ord. 2017-6, passed 4-4-17)
Any proposed development requiring the construction of streets (including curb and gutters), sidewalks, sewers (sanitary and storm), water lines or other improvements, which does not constitute a subdivision, as herein defined, shall be required to be designed and constructed in accordance with the applicable articles and sections of the subdivision regulations, unless specifically waived.
(Ord. 2017-6, passed 4-4-17)
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