SECTION 15.2 PERFORMANCE STANDARDS.

   A.   Building enclosures: every use permitted in the I-P industrial district shall be operated in its entirety within a completely-enclosed building. In the, I-1, I-2, I-4, and I-5 industrial districts, permitted uses shall be operated either within a completely enclosed building or within an area screened from view at the nearest district boundary, according to §§ 15.0 through 15.2.

   B.   Landscaping:

      1.   In all industrial districts, all required yards shall either be open landscaped and grassed areas or be left in a natural state, if acceptable to the Planning Commission. If the area is to be landscaped, it shall be landscaped attractively with lawn, trees, shrubs, and the like, according to the initially submitted plans which were first approved of for the development of such tract as a permitted use.

      2.   In areas to be used for off-street parking, the parking arrangement and surfacing must likewise have been approved of for the development of such tract as a permitted use. Any landscaped areas shall be properly maintained thereafter in a sightly and well-kept condition. Parking areas shall likewise be maintained in good condition. Any areas left in a natural state shall be properly maintained in a well kept condition.

   C.   Noise:

      1.   For the purpose of measuring the intensity and frequencies of a sound, a sound level meter shall be employed that conforms to specifications published by the American National Standards Institute (specifications for Sound Level Meters S1.4 - 1971, and Specifications for Octave, Half Octave, and Third Octave Band Filter Sets S1.11 - 1966, American National Standards Institute, 1430 Broadway, New Your, New York 10018, or the latest edition of such standards, shall be used). In the enforcement of the regulation, noises produced by the operation of motor vehicles or other transportation facilities shall not be included in determining the maximum permitted decibel level. In the I-P District, the sound pressure of noise radiated continuously from any activity shall not exceed the value given in Tables I and 2 of this section, at the location of any receiving land use. If the noise is not smooth and continuous, one or more of the corrections in Table 2 of this section shall be added or subtracted from each of the decibel levels given in Table 1 below.

      2.   In the I-1 District the sound pressure of noise radiated from any activity shall not exceed the values given in Table 3 below in any octave band frequency at any point on or beyond any lot line. If the I-P or I-1 Districts adjoin a residential district, the maximum sound pressure level at any point on the district boundary shall be reduced by six decibels from the maximum listed in Table 3 below.

      3.   In the I-2, I-4, and I-5 Districts, the sound pressure of noise radiated from any activity shall not exceed the value given in Table 3 below in any octave band frequency at any point on or beyond the nearest district boundary. If those districts adjoin a residential district, the maximum sound pressure shall be reduced by six decibels from the maximum listed in Table 3 below.

      4.   In all districts, industrial noise shall be muffled so as not to become objectionable due to intermittence, beat, frequency, or shrillness.

      5.   Table 1. Maximum permissible sound pressure level at specified points of measurement for noise radiated continuously from a facility.

      6.   Table 2. Correction in maximum permitted sound pressure level in decibels to be applied to Table 3.

      7.   Table 3. Maximum permitted sound pressure level in decibels.

   D.   Odorous matter: no emission of odorous matter shall be allowed in excess of ambient air quality standards as set forth by regulations adopted by the Kentucky Department for Natural Resources and Environmental Protection, Division of Air Pollution, Cincinnati Air Quality Region.

   E.   Humidity, heat or glare: in the I-P or I-1 districts, any activity producing humidity, in the form of steam or moist air or producing heat or glare, shall be carried on in such a manner that the steam, humidity, heat, or glare is not perceptible at any lot line. In the I-2, I-4 and I-5 districts, any activity producing heat or glare shall be carried on in such a manner that the steam, humidity, heat or glare is not perceptible at or beyond any residential or commercial district boundary. Detailed plans for the elimination of humidity, heat or glare may be required before the issuance of a building permit.

   F.   Exterior lighting: any lights used for exterior illumination, except for overhead street lighting and warning, or traffic signals shall direct light away from the adjoining zones.

   G.   Vibration: vibrations shall be measured at the lot line in the I-P and I-1 districts and at the nearest district boundary in the I-2, I-4 and I-5 districts. No vibration is permitted which is discernible to the human sense of feeling for three minutes or more duration in any one hour. Vibration shall not produce, at any time, an acceleration of more than 0.1 gravities or shall result in any combination of amplitudes and frequencies beyond the “safe” range of Table 7, United States Bureau of Mines Bulletin No. 442, “Seismic Efforts of Quarry Blasting”, on any structure. The methods and equations of said Bulletin No. 442, or any subsequent revision or amendment thereto, shall be used to compute all values for the enforcement of these provisions. Detailed plans for the elimination of vibrations may be required before the issuance of any building permit.

   H.   Emissions and open burning: no emission of particulate matter, sulfur compound, carbon monoxide, hydrocarbon, nitrogen oxide, and open burning shall be allowed in all industrial zones in excess of regulations adopted by the Kentucky Department for Natural Resources and Environmental Protection, Division of Air Pollution, Cincinnati Air Quality Region.

   I.   Radiation: in all industrial zones, all sources of ionizing radiation shall be registered or licensed by the Kentucky State Department of Health and operated in accordance with their regulations.

   J.   Electrical radiation: in all industrial zones, any electrical radiation shall not adversely affect, at any point on or beyond the lot line, any or equipment other than those of the creation of the radiation. Avoidance of adverse effects from electrical radiation by appropriate mutual scheduling of operations is permitted.

   K.   Storage: in the I-P Zone, no material, products or supplies shall be permitted to remain on any part of the property outside the constructed thereon. In the I-2, I-4 and 1-5 Zones, storage of materials, supplies, and products on the property outside the building, constructed thereon is permitted to the side and rear of the property providing that the storage of materials, supplies, and products are within an area screened from view at the nearest district boundary, in accordance with §§ 9.17 and 15.0 through 15.2.

   L.   Fire and explosive hazards: in the I-2, I-4 and 1-5 zones only, storage, utilization, or manufacture of solid materials which requires free burning and intense burning may be allowed if permitted in said zones, providing that said materials or products shall be stored, utilized, or manufactured within completely enclosed buildings having incombustible walls and protected throughout by an automatic fire extinguishing system. In the I-2 I-4, and I-5 zones only, the storage, utilization, or manufacture of flammable liquids, or materials which produce flammable or explosive vapors or gases may be allowed if permitted in said zones, provided that storage, handling, and use shall be in accordance with Standards of American Insurance Association for Storage, Handling, and Use of Flammable Liquids, “American Insurance Association”, Pamphlet No. 30, June, 1959, or any subsequent revision or amendment thereto.

   M.   Waste: within-the I-P zone, no waste material or refuse shall be dumped upon or permitted to remain upon any part of the part of the property outside of the buildings constructed thereon. All sewage and industrial waste shall be treated and disposed of in such manner so as to comply with the standards of the appropriate authority. All plans for waste disposal facilities shall be required before the issuance of any building permit. In the I-2, I-4, and I-5 zones, all waste shall be disposed of in accordance with the Solid Waste Regulations of the Kentucky Department of Natural Resources and Environmental Protection..

   N.   Mining and reclamation: all methods of operation, construction of roads, backfilling, grading, blasting, water impoundments, treatment facilities, and reclamation must be in conformance with the regulations adopted by the Department for Natural Resources and Environmental Protection, Division of Reclamation. Any excavation or processing operations shall be subject to the regulations of the Kentucky Water Pollution Control Commission.

   O.   Blasting and explosives: all blasting and the use of explosives must be conducted in accordance with the regulations set forth by the Department of Mines and Minerals, Division of Explosives and Blasting (pursuant to the authority of KRS 351.310 through 351.340 and 351.990) And in accordance with the Standards of Safety for Explosives for the State of Kentucky, prepared by the Department of Public Safety, Division of Fire Prevention (pursuant to the authority of KRS 227.300).

Table 15-1
Maximum Permissible Sound Pressure Level (Decibels) At Specified Points Of Measurement For Noise Radiated Continuously From A Facility

 

Receiving Land Use	7:00 a.m. to 10:00 p.m.	10:00 p.m. to 7:00 a.m.
Residential	55	50
Commercial and industrial park	60	55
Industrial	65	65

 

Table 15-2
Correction In Maximum Permitted Sound Pressure Level In Decibels To Be Applied To Table 15-1

 

Type of Operation of Character of Noise	Correction in Decibels
Noise source operates less than 20% of any one hour period	+5
Noise source operates less than 5% of any one hour period	+5*
Noise source operates less than 1% of any one hour period	+15*
Noise of impulsive character (hammering, etc.)	-5
noise of periodic character (hum, screech, etc.)	-5

 

(Ord. 2017-6, passed 4-4-17)

ARTICLE XVI ADMINISTRATION

SECTION 16.0 ENFORCING OFFICER.

   A.   A City Inspector/Zoning Administrator (official or officials appointed by the City Council for carrying out the provisions and enforcement of this appendix) shall administer and enforce this appendix. They may be provided with assistance of such other persons as the City Council directs.

   B.   If the City Inspector/Zoning Administrator finds that any of the provisions of this appendix are being violated, he shall take such action as is permitted by law.

   C.   In addition to the foregoing, the City Inspector/Zoning Administrator shall have the authority to order discontinuance of illegal use of land, buildings, structures, signs, fences or additions, alterations or structural changes thereto; discontinuance of any illegal work being done.

   D.   All questions of interpretation and enforcement shall be first presented to the City Inspector/Zoning Administrator, and that those questions shall be presented to the Board of Adjustment only on appeal from the decision of the City Inspector/Zoning Administrator, and that recourse from the decisions of the Board of Adjustment shall be to the courts, as provided by the state statutes.

   E.   It shall be illegal for any person or entity to interfere with the City Inspector/Zoning Administrator’s performance of his duties as defined herein.

(Ord. 2017-6, passed 4-4-17)

SECTION 16.1 ZONING PERMITS.

   Zoning permits shall be issued in accordance with the following provisions:

   A.   Zoning permit required: no public or private building or other structure shall be erected, moved, added to, structurally altered or changed from one permitted use to another, nor shall any grading take place on any lot or parcel of ground without a permit issued by the City Inspector/Zoning Administrator’s office. No zoning permit shall be issued except in conformity with the provisions of this appendix, except after written orders from the Board of Adjustment.

   B.   Application for zoning permits: all applications for zoning permits shall be accompanied by:

      1.   A completed application form provided by the City Inspector/Zoning Administrator.

      2.   The required fee for a zoning permit as provided for in § 19.0.

      3.   An approved development plan or site plan, if required by this appendix; or

      4.   A plot plan in duplicate drawing at a scale of not less than one inch to 50 feet showing the following information as required by this appendix.

         a.   The location of every existing and proposed building, including dimensions and height, and the number, size, and type of dwelling units.

         b.   All property lines, shape, and dimensions of the lot to be built upon.

         c.   Lot width at building setback line.

         d.   Minimum front and rear yard depths and side yard widths.

         e.   Existing topography with a maximum of five foot contour intervals.

         f.   Total lot area in square feet.

         g.   Location and dimensions of all access points, driveways, off-street parking spaces.

         h.   A drainage plan of the lot and its relationship to adjacent properties, including spot elevations of the proposed finished grade, and provisions for adequate control of erosion and sedimentation, indicating the proposed temporary and permanent control practices and measures which will be implemented during all phases of clearing, grading, and construction.

         i.   All sidewalks, walkways, and open spaces.

         j.   Location, type, and height of all walls, fences, and screen plantings.

         k.   Location of all existing and proposed streets, including rights-of-way and pavement widths.

         l.   All existing and proposed water and sanitary and storm sewer facilities to serve the lot, indicating all pipe sizes, types, and grades.

   C.   Issuance of zoning permit:

      1.   The City Inspector/Zoning Administrator shall either approve or disapprove the application (when required by this appendix, for example Development Plan submitted required, the Planning Commission, or its’ duly authorized representative, approval or disapproval shall also be required). If disapproved, one copy of the submitted plans shall be returned to the applicant marked “Disapproved” and shall indicate the reasons for such disapproval thereon. The disapproval shall be attested by the City Inspector/Zoning Administrator’s signature. The other copy, similarly marked, shall be retained by the City Inspector/Zoning Administrator.

      2.   If approved, one copy of the submitted plans shall be returned to the applicant marked “Approved”. The approval shall be attested by the City Inspector/Zoning Administrator’s signature. The other copy similarly marked, shall be retained by the City Inspector/Zoning Administrator. The City Inspector/Zoning Administrator shall also issue a zoning permit to the applicant at this time and shall retain a duplicate copy for his records.

   D.   Failure to comply: failure to obtain a zoning permit shall be a violation of this appendix.

   E.   Expiration of zoning permit: if a building permit, as required herein, has not been obtained within 90 consecutive calendar days from the date of issuance of zoning permit, said zoning permit shall expire and be canceled by the City Inspector/Zoning Administrator and a building permit shall not be obtainable until a new zoning permit has been obtained.

(Ord. 2017-6, passed 4-4-17)

SECTION 16.2 BUILDING PERMITS.

   Building permits shall be issued in accordance with the following provisions:

   A.   Building permits required: no public or private building or other structure shall be erected, moved, added to, or structurally altered without a permit issued by the City Inspector/Zoning Administrator. No building permit shall be issued except in conformity with the provisions of this appendix, except after written orders from the Board of Adjustment.

   B.   Application for building permits: all applications for building permits shall be accompanied by:

      1.   A completed application form provided by the City Inspector/Zoning Administrator;

      2.   An approved zoning permit;

      3.   The required fee for a building permit as provided for in § 10.2;

      4.   An approved development plan or site plan, if required by this appendix; or

      5.   Plans in duplicate approved by the City Inspector/Zoning Administrator and including any additional information required by the Building Code or City Inspector/Zoning Administrator as may be necessary to determine conformance with and provide for the enforcement of the Building Code and the state statutes.

   C.   Issuance of building permit:

      1.   The City Inspector/Zoning Administrator shall either approve or disapprove the application. If disapproved, one copy of the submitted plans shall be returned to the applicant marked “Disapproved” and shall indicate the reasons for such disapproval thereon. The disapproval shall be attested by the City Inspector/Zoning Administrator’s signature. The second copy similarly marked, shall be retained by the City Inspector/Zoning Administrator.

      2.   If approved, one copy of the submitted plans shall be returned to the applicant marked “approved”. The approval shall be attested by the City Inspector/Zoning Administrator’s signature. The second copy, similarly marked, shall be retained by the City Inspector/Zoning Administrator. The City Inspector/Zoning Administrator shall also issue a building permit to the applicant at this time and shall retain a duplicate copy for his records.

   D.   Compliance: it shall be unlawful to issue a building permit or occupancy permit, to build, create, erect, change, alter, convert, or occupy any building or structure hereafter, unless a zoning permit has been issued in compliance with this appendix.

   E.   Building permits issued prior to the adoption of this appendix: Building permits issued in conformance with the Building Code of the city prior to the date of adoption of this appendix, whether consistent or inconsistent with this appendix, shall be valid for a period of 180 consecutive calendar days from time of issuance of the permit. If construction in connection with such a permit has not been started within a 180 consecutive calendar day period, the permit shall be void and a new permit, consistent with all provisions of this appendix and the Building Code shall be required. For purposes of this section, construction shall be deemed to have been started at the time of completion of the foundation.

   F.   Expiration of building permit:

      1.   If the work described in any building permit has not begun within 90 consecutive calendar days from the date of issuance thereof, the permit shall expire and be cancelled by the City Inspector/Zoning Administrator and no construction shall be permitted until a new building permit has been obtained, except, an extension may be permitted if sufficient evidence can be demonstrated why the work described in the building permit was not begun.

      2.   For purposes of this section construction shall be deemed to have been started at the time of completion of the foundation. If after the work described in the building permit has been started, the building permit shall expire after a period of 18 months, providing that an extension may be permitted if sufficient evidence can be demonstrated why the work described in the building permit was not completed as herein specified.

   G.   Construction and use: to be as provided in application, plans, permits, zoning permits and building permits issued on the basis of plans and applications approved by the City Inspector/Zoning Administrator authorize only the use, arrangement, and construction set forth in the approved plans and applications, and no other use, arrangement, or construction. Use arrangement or construction at variance with that authorized shall be deemed in violation of this appendix.

(Ord. 2017-6, passed 4-4-17)

SECTION 16.3 CERTIFICATE OF OCCUPANCY.

   It shall be unlawful for an owner to use or permit the use of any building or premises or part thereof, hereafter created, changed, converted or enlarged, wholly or partly, until a certificate of occupancy shall have been issued by the City Inspector/Zoning Administrator. Such certificate shall show that such building or premises or part thereof and the proposed use thereof are in conformity with the provisions of this appendix. It shall be the duty of the City Inspector/Zoning Administrator to sign a certificate of occupancy provided that he has checked and is satisfied that the building and the proposed use thereof conform with all the requirements of this appendix and the Building Code.

   A.   Certificate of occupancy for existing building: upon written request from the fee owner, the City Inspector/Zoning Administrator shall issue a certificate of occupancy for any building or premises existing at the time of enactment of this appendix, certifying, after inspection, the extent and kind of use made of the building or land, and whether such use conforms with the provisions of this appendix.

   B.   Certificate of occupancy for lawful nonconforming uses and structures:

      1.   A certificate of occupancy shall be required of all lawful nonconforming uses of land or buildings created by this appendix. A fee as provided for in § 19.0 of this appendix shall be charged for the certificate.

      2.   Applications for such certificates of occupancy for nonconforming uses of land and buildings shall be filed with the City Inspector/Zoning Administrator by the owner or lessee of the land or building occupied by such nonconforming uses within six consecutive calendar months of the effective date of this appendix. Failure to apply for such certificate of occupancy will place upon the owner and lessee the entire burden of proof that such use of land or buildings lawfully existed on the effective date of this appendix.

      3.   It shall be the duty of the City Inspector/Zoning Administrator to issue a certificate of occupancy for lawful nonconforming uses upon application and such certificate shall identify the extent to which the nonconforming use exists at the time of issuance of such certificate.

   C.   Denial of certificate of occupancy: Except as herein stated, a certificate of occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this appendix and to the plans for which the building permit was issued.

   D.   Certificate of occupancy records: A record of all certificates of occupancy shall be kept on file in the office of the City Inspector/Zoning Administrator, except that certificates of occupancy for lawful nonconforming uses shall be kept on file in the office of the City Inspector/Zoning Administrator, and copies shall be furnished, on request, to any person having a proprietary building affected by such certificate of occupancy.

(Ord. 2017-6, passed 4-4-17) Penalty, see § 18.10

SECTION 16.4 COMPLAINTS REGARDING VIOLATIONS.

   Whenever a violation of this appendix occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and bases thereof shall be filed with the City Inspector/Zoning Administrator. The City Inspector/Zoning Administrator shall record properly such complaint, immediately investigate, and take action thereon as provided by this appendix and the state statues.

(Ord. 2017-6, passed 4-4-17)