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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)
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)
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
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)
A. Where investigation can be made by the City Inspector/Zoning Administrator or other designated employee using equipment normally available to the City Council, the investigation shall be so made before notice of violation is issued.
B. Where technical complexity, non-availability of equipment, or extraordinary expense makes it unreasonable, in the opinion of the City Inspector/Zoning Administrator for the City Council to maintain the personnel or equipment necessary for making difficult or unusual determinations, procedures shall be established for:
1. Causing corrections in apparent violations of performance standards;
2. For protecting individuals from arbitrary, capricious and unreasonable administration and enforcement of performance standard regulations; and
3. For protecting the general public from unnecessary costs for administration and enforcement.
C. If the City Inspector/Zoning Administrator finds, after investigations have been made by qualified experts, that there is a violation of the performance standards, he shall take or cause to be taken lawful action to cause correction to within limits set by such performance standards.
(Ord. 2017-6, passed 4-4-17)
If, in the judgment of the City Inspector/Zoning Administrator, there is probably violation of the performance standards as set forth, the following procedures shall be followed:
A. The City Inspector/Zoning Administrator shall give written notice, by registered mail or certified mail, to the person or persons responsible for the alleged violation. The notice shall describe the particulars of the alleged violation and the reasons why the City Inspector/Zoning Administrator believes there is a violation in fact, and shall require an answer or correction of the alleged violation to the satisfaction of the City Inspector/Zoning Administrator within 30 consecutive calendar days of receipt of the notification. The notice shall state that failure to reply or to correct the alleged violation to the satisfaction of the Zoning Commission within 30 consecutive calendar days of receipt of the notice constitutes admission of violation of the terms of this appendix.
B. The notice shall further state that upon request of those to whom said notice is directed, a technical investigation will be made by a qualified expert and that if violations as alleged are found, costs of such investigations shall be charged against those responsible for the violations, in addition to such other penalties as may be appropriate, but that if it is determined that no violation exists, the cost of the investigation will be paid by the City Council.
C. If there is no reply within 30 consecutive calendar days of receipt of the notice, but the alleged violation is corrected to the satisfaction of the City Inspector/Zoning Administrator, he shall note “violation corrected” on his copy of the notice, and shall retain it among his official records, taking such other action as may be warranted.
D. If there is no reply within 30 consecutive calendar days of receipt of the notice and the alleged violation is not corrected to the satisfaction of the City Inspector/Zoning Administrator, within the established time limited, he shall proceed to take or cause to be taken such action as is warranted by continuation of a violation after notice to cease.
E. If a reply is received within 30 consecutive calendar days of receipt of the notice indicating that the alleged violation will be corrected to the satisfaction of the City Inspector/Zoning Administrator, but, requesting additional time, the City Inspector/Zoning Administrator may grant an extension if they deem it warranted in the circumstances of the case and if the extension will not, in his opinion, cause imminent peril to life, health, or property.
F. 1. If a reply is received within 30 consecutive calendar days of receipt of the notice requesting technical determination as provided in this appendix, and if the alleged violations continue, the City Inspector/Zoning Administrator shall call in properly qualified experts to investigate and determine whether violations exist.
2. If expert findings indicate violations of the performance standards, the costs of the investigations shall be assessed against the properties or persons responsible for the violations in addition to such other penalties as may be appropriate under the terms of § 18.10.
3. If no violation is found, the costs of the investigations shall be paid by the City Council without assessment against the properties of persons involved.
(Ord. 2017-6, passed 4-4-17)
ARTICLE XVII AMENDMENT PROCEDURE
A. Filing of amendment application: all applications for amendments to this appendix shall be filed, in writing, with the City Inspector/Zoning Administrator and/or their duly authorized representative to be transmitted to the Planning Commission on forms furnished by the City Inspector/Zoning Administrator and/or their duly authorized representative.
B. Planning commission review required: a proposal for an amendment to this appendix may originate with the Planning Commission, the City Council, or with the owner of the property in question. Regardless of the origin of the proposed amendment, it shall be referred to the Planning Commission for its action before adoption by the City Council.
C. Public hearing required, notice given: the Planning Commission shall hold at least one public hearing on the proposed amendment, at which hearing parties in interest and citizens shall have an opportunity to be heard. Notice of the time and place of the hearing shall be published at least once, but may be published two or more times in a newspaper of general circulation in the County provided that one publication occurs not less than seven (7) calendar days nor more than twenty-one (21) calendar days before the occurrence of the hearing.
D. Other hearing requirements, zoning map amendment: in addition to the public hearing notice required in division C. above, the following notices shall be given when a proposal is submitted to amend the official zoning map;
1. Notice of the hearing shall be posted conspicuously on the property, the classification of which is proposed to be changed. The posting shall consist of one or more signs clearly depicting the following information: current zoning classification of property; proposed zoning classification; date, place, and time of public hearing; and contact where additional information regarding hearing may be obtained; and
a. Notice of the hearing shall be given at least ten (10) days in advance of the hearing by personal , courier or mail service with return receipt requested, to the owners of all property adjoining the property, the classification of which is proposed to be changed. Where the property adjoins a street or alley, property abutting the opposite side of such street or alley shall be considered adjoining property.
b. It shall be the duty of the applicant proposing the amendment to furnish to the Planning Commission and/or their duly authorized representative the names and addresses of the owners of all adjoining properties.
E. Findings necessary for map amendment: before any map amendment is granted, the Planning Commission, or the City Council, must find that the amendment is in agreement with the adopted Comprehensive Plan or in the absence of a finding, that one or more of the following apply, including the making of a written report, setting forth explicitly the reasons and substantiation as to how each would apply, and the finding and report shall be recorded in the minutes and records of the Planning Commission or City Council.
1. That the original zoning classification given to the property was inappropriate or improper; or
2. That there have been major changes of an economic, physical, or social nature within the area involved which were not anticipated in the Comprehensive Plan and which have substantially altered the basic character of that area.
F. Minimum size of new zones: no amendment to this appendix shall be adopted whereby the zoning classification of an area is changed unless the total area being applied for meets the following requirements as to minimum size: the zoning map shall not be amended, changed, or modified in a manner as to create a free standing zone of less than five acres, except where specific area restrictions are stipulated in this appendix, or as outlined in the adopted Comprehensive Plan by the Planning Commission. For the purpose of computing the total size of an area to be rezoned for compliance herewith, there shall be added to such area: the area of public rights-of-way interior to the area being changed; one-half the area of public rights-of-way abutting the area being changed; and the area of any land which is contiguous to the area being changed (including land located outside the jurisdiction of the City but contiguous thereto and which land already bears the zoning classification sought for the area being changed). For the purpose of this section, neither continuity nor abutment shall be destroyed by the existence of a street, alley, or city’s corporation line.
G. Planning Commission action: following the public hearing held by the Planning Commission on the proposed amendment, the Commission shall, within sixty (60) calendar days from the date of its receipt, advise the City Council whether it approved or disapproved of the amendment to the zoning regulation, including a statement setting forth explicitly the reasons and substantiation for that action and, in the case of a map amendment, the submission of a written report as required in division E. above.
H. City Council’s disposition: within a reasonable time after receipt of the Planning Commission’s recommendations and findings concerning the application, the City Council shall act on the application. A majority of the entire City Council shall be required to override the recommendation of the Planning Commission.
I. Submission of development plan as condition to a zoning map amendment: any request for a zoning map amendment, excluding those submitted by the Planning Commission or City Council (other than for a zone change for land under city ownership that the city intends to develop), to any zone shall be made in accordance with all applicable requirements of this appendix, including the following:
1. Application and processing: the zoning map amendment shall include a development plan in accordance with the applicable requirements of § 9.19 of this appendix and shall be processed in the following manner.
a. Application for a zoning amendment shall be filed with the City Inspector/Zoning Administrator as required by division A. of this section and shall include a development plan in accordance with the applicable requirements of § 9.20.A.
b. The Planning Commission shall hold a public hearing on the proposed application and review the application with regard to the required elements of the development plan, and other applicable requirements of this section. Upon holding a hearing, the Planning Commission shall make one of the following recommendations to the City Council: approval, approval with conditions, or disapproval. The Planning Commission shall submit, along with their recommendation, a copy of the development plan and the bases for their recommendation.
c. 1) The City Council shall, within 45 days after receiving the recommendations of the Planning and Zoning Commission, review those recommendations and take action to approve or disapprove the proposed development plan. The approval may incorporate any conditions imposed by the City Council. However, should the City Council take action to impose different conditions than were reviewed and recommended by the Planning Commission, then those conditions shall be resubmitted to the Planning Commission for further review and recommendations in accordance with the process required for the initial review.
2) Approval of the zoning map amendment shall require that development be in accordance with the approved development plan. Additionally, upon approval of the zoning map amendment, the official zoning map shall be amended for the approved area.
d. 1) The City Council shall forward a copy of the approved development plan to the City Inspector/Zoning Administrator and/or their duly authorized representative for further processing in accordance with the applicable requirements of this appendix.
2) The City Inspector/Zoning Administrator and/or their duly authorized representative, in reviewing the site plan, may authorize minor adjustments from the approved development plan, provided that the adjustments do not: affect the spatial relationship of structures, change land uses, increase overall density, alter circulation patterns (vehicular and pedestrian), decrease the amount or usability of open space or recreation areas, or affect other applicable requirements of this appendix.
2. Amendments: any amendments to plans, except for the minor adjustments which may be permitted by the City Inspector/Zoning Administrator and/or their duly authorized representative as noted above, shall 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.
3. Expiration: the zoning map amendment shall be subject to the time constraint, as noted below. Upon expiration of the time period and any extensions thereto, the City Council may initiate a request for a public hearing by the Planning Commission, in accordance with the requirements of KRS Chapter 100, for the purpose of determining whether said zoning map amendment should revert to its original designation. A public hearing may be initiated if either of the following conditions apply:
a. A site plan has not been approved by the Planning Commission within a twelve (12) months period from the date of final approval of the zoning map amendment by the city;
b. Substantial construction has not been initiated within a twelve (12) months period from the date of approval of the site plan by the Planning and Zoning Commission.
c. A written extension was not permitted by the city, Planning Commission or its duly authorized representative. An extension may be permitted upon approval of the Planning Commission if sufficient proof can be demonstrated that the construction was delayed due to circumstances beyond the applicant’s control, and that prevailing conditions have not changed appreciably to render the approved development plan obsolete. The amount of construction that constitutes initiating substantial construction shall be as approved in the approved development plan.
(Ord. 2017-6, passed 4-4-17)
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