OFFICIAL
ZONING ORDINANCE
ZONING ORDINANCE
CITY OF NEWPORT
COMMONWEALTH OF KENTUCKY
COMMONWEALTH OF KENTUCKY
Adopted: February 24, 2003
ARTICLE I A ZONING ORDINANCE
SECTION 1.0 Ordinance Defined
ARTICLE II AUTHORITY AND PURPOSE
SECTION 2.0 Authority
SECTION 2.1 Purpose
ARTICLE III SHORT TITLE
SECTION 3.0 Short Title
ARTICLE IV INTERPRETATION
SECTION 4.0 Greater Restriction
SECTION 4.1 Permit or License In Violation
ARTICLE V CONFLICT
SECTION 5.0 Conflict
ARTICLE VI SEVERABILITY CLAUSE
SECTION 6.0 Severability Clause
ARTICLE VII DEFINITIONS
SECTION 7.0 Words and Phrases
ARTICLE VII ESTABLISHMENT OF ZONES
SECTION 8.0 Zones
SECTION 8.1 Official Zoning Map
SECTION 8.2 Changes on Zoning Map or Maps
SECTION 8.3 Replacement of Official Zoning Map or Maps
SECTION 8.4 Rules for Interpretation of Zone Boundaries
SECTION 8.5 Areas Not Included Within Zones
ARTICLE IX GENERAL REGULATIONS
SECTION 9.0 Purpose
SECTION 9.1 Reduction In Building Site Area
SECTION 9.2 Interference with Traffic Signals
SECTION 9.3 Vision Clearance at Corners, Curb Cuts, and Railroad Crossings
SECTION 9.4 Frontages on Corner Lots and Double Frontage Lots
SECTION 9.5 Utilities Location
SECTION 9.6 Railroad Right of Way Location
SECTION 9.7 Excavation or Movement of Soil
SECTION 9.8 Unsightly or Unsanitary Storage
SECTION 9.9 Junkyard Location
SECTION 9.10 Application of Zoning Regulations
SECTION 9.11 Nonconforming Lots, Nonconforming Uses, Nonconforming Structures, Repairs and Maintenance
SECTION 9.12 Exceptions and Modifications
SECTION 9.13 Conditional Buildings and Uses
SECTION 9.14 Building Regulations
SECTION 9.15 Move and Set
SECTION 9.16 Screening Area
SECTION 9.17 Outdoor Swimming Pools: Private
SECTION 9.18 Outdoor Swimming Pools: Public, Semi Public and Commercial
SECTION 9.19 Development Plan Requirements
SECTION 9.20 Regulations Concerning Air Rights
SECTION 9.21 Flood Damage Prevention
SECTION 9.22 Regulations Concerning Design and Construction of Improvements
SECTION 9.23 Creation of a Design Review Board
SECTION 9.24 Planned Unit Development Regulations (PUD)
SECTION 9.25 Hillside Development Controls
SECTION 9.26 Regulations Pertaining to Parking or Storing of Semi-Tractors, Tractors, Panel Trucks, Buses, Trailers, Motor Homes, Campers, Inoperable Vehicles, Vehicles with Three or More Axles, and Other Similar Types of Equipment
SECTION 9.27 Bus Shelter Regulations
SECTION 9.28 City Center Overlay District
SECTION 9.29 Tree Regulations
SECTION 9.30 Cellular Antenna Tower and Small Cell System Tower Regulations
SECTION 9.31 Urban Residential Overlay Zone
SECTION 9.32 Transition Zone Regulations (TZD)
SECTION 9.33 Sign Overlay District (SOD)
ARTICLE X ZONING REGULATIONS
SECTION 10.0 District Regulations
SECTION 10.1 Conservation District
SECTION 10.2 Residential Districts
SECTION 10.3 Commercial District
SECTION 10.4 Industrial Districts
SECTION 10.5 Monument Center Zone
ARTICLE XI PERFORMANCE STANDARDS FOR INDUSTRIAL ZONES
SECTION 11.0 Application of Performance Standards
SECTION 11.1 Effects of Concurrent Operations
ARTICLE XII FENCES, WALLS AND OBSTRUCTION TO VIEW REGULATIONS
SECTION 12.0 Vision Clearance at Corners and Railroad Crossings
SECTION 12.1 Classification of Fences and Walls
SECTION 12.2 Conservation Zone
SECTION 12.3 Residential Zones
SECTION 12.4 Commercial Zones
SECTION 12.5 Industrial Zones
SECTION 12.6 Measurement of all Fence and/or Wall Heights and/or Locations
SECTION 12.7 Height of any Barbed Wire or Sharp Pointed Fences
SECTION 12.8 Height of Fences Atop Retaining Walls
ARTICLE XIII OFF STREET PARKING AND ACCESS CONTROL REGULATIONS
SECTION 13.0 General Requirements
SECTION 13.1 District Parking Requirements
SECTION 13.2 Design and Layout of Off Street Parking Areas
SECTION 13.3 Specific Off Street Parking Requirements
SECTION 13.4 Access Control Regulations
SECTION 13.5 Variances
APPENDIX A Surfacing Specifications
ARTICLE XIV OFF STREET LOADING AND/OR UNLOADING REGULATIONS
SECTION 14.0 Off Street Loading and/or Unloading Regulation
SECTION 14.1 Off Street Loading and/or Unloading Use and Bulk Regulations
ARTICLE XV SIGN REGULATIONS
SECTION 15.0 Scope of Regulations
SECTION 15.1 General Rules, Regulations and Limitations
SECTION 15.2 Special Signs
SECTION 15.3 Sign Permit Required for Erection of Signs
SECTION 15.4 Application for Sign Permit
SECTION 15.5 Sign Permit Fees
SECTION 15.6 Classification of Signs
SECTION 15.7 Permitted Use and Location of Signs
SECTION 15.8 Variances: Signs
SECTION 15.9 Temporary Signs for Special Events
ARTICLE XVI ADMINISTRATION
SECTION 16.0 Enforcing Officer
SECTION 16.1 Zoning Permits
SECTION 16.2 Building Permits
SECTION 16.3 Certificate of Occupancy
SECTION 16.4 Certificate of Occupancy for Existing Building
SECTION 16.5 Certificate of Occupancy for Lawful Nonconforming Uses and Structures
SECTION 16.6 Denial of Certificate of Occupancy
SECTION 16.7 Certificate of Occupancy Records
SECTION 16.8 Complaints Regarding Violations
SECTION 16.9 Penalties
SECTION 16.10 Intent Concerning Determinations Involved in Administration and Enforcement of Performance Standards
SECTION 16.11 Duties of Zoning Administrator Regarding Performance Standards
ARTICLE XVII AMENDMENT PROCEDURE INCLUDING BUT NOT LIMITED TO CHANGE IN ZONING
SECTION 17.0 Declaration of Public Policy
SECTION 17.1 Limitations on All Proposed Amendments
SECTION 17.2 Public Hearing Required, Notice Given
SECTION 17.3 Application for Amendments
SECTION 17.4 Disposition of Applications
ARTICLE XVIII BOARD OF ADJUSTMENT
SECTION 18.0 Establishment of Board of Adjustment: Membership; Appointment; Terms; Vacancies; Oaths; Compensation; Removal; Officers
SECTION 18.1 Meetings of Board; Quorum; Minutes; Bylaws; Finances; Subpoena Power; Administration of Oaths
SECTION 18.2 Procedure for All Appeals to Board
SECTION 18.3 Appeals from Planning and Zoning Commission or Board of Adjustment
SECTION 18.4 Stay of Proceedings
SECTION 18.5 Powers of Board of Adjustment
SECTION 18.6 Dimensional Variances; Change from One Nonconforming Use to Another; Conditions Governing Applications; Procedures
SECTION 18.7 Decisions of the Board of Adjustment
SECTION 18.8 Decisions of the Zoning Administrator
ARTICLE XIX SCHEDULE OF FEES
SECTION 19.0 Schedule of Fees
ARTICLE XX REASONABLE ACCOMMODATION IN LAND USE AND ZONING REGULATION
SECTION 20.0 Definitions
SECTION 20.1 Purpose
SECTION 20.2 Applicability
SECTION 20.3 Notice to the Public of Availability of Accommodating Process
SECTION 20.4 Application for Requesting Reasonable Accommodation
SECTION 20.5 Grounds for Reasonable Accommodation
SECTION 20.6 Distance Requirement
SECTION 20.7 Insurance and Mortgage Notification Requirement
SECTION 20.8 Reviewing Authority
SECTION 20.9 Required Findings
SECTION 20.10 Written Decision on the Request for Reasonable Accommodation
SECTION 20.11 Appeals
TABLE LIST OF TABLES
1 Minimum Gross Floor Area
2 Ohio and Licking Rivers 100-Year Floodplain Elevations
3 Woodlawn Creek 100-Year Floodplain Elevation
4 Permitted Uses: Residential Zones
5 Area and Height Requirements: Residential Zones
6 Permitted and Conditional Uses: Commercial Zones
7 Area and Height Requirements: Commercial Zones
8 Permitted Uses: Industrial Zones
9 Area and Height Requirements: Industrial Zones
10 Maximum Permissible Sound Pressure Level at Specified Points of Measurement for Noise Radiated Continuously from a Facility
11 Maximum Permitted Sound Pressure Level in Decibels
12 Specific Off-Street Parking Requirements
13 Sight Distance for Vehicles Exiting from Access Points onto Adjacent Roads
14 Left Turn Distance for Vehicles Entering Access Points
15 Thickness Requirements of Surface and Base Courses for Automobile and Truck Parking Facility Pavements
16 Permitted Use and Location of Signs