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Newport, KY Code of Ordinances
CITY OF NEWPORT, KENTUCKY CODE OF ORDINANCES
PREFACE
ADOPTING ORDINANCE
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: MISCELLANEOUS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
CHAPTER 150: BUILDING REGULATIONS; CONSTRUCTION
CHAPTER 151: ELECTRICAL CODE
CHAPTER 152: FLOOD DAMAGE PREVENTION
CHAPTER 153: PLANNING
APPENDIX: ZONING
ARTICLE I A ZONING ORDINANCE
ARTICLE II AUTHORITY AND PURPOSE
ARTICLE III SHORT TITLE
ARTICLE IV INTERPRETATION
ARTICLE V CONFLICT
ARTICLE VI SEVERABILITY CLAUSE
ARTICLE VII DEFINITIONS
ARTICLE VIII ESTABLISHMENT OF 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 FRONTAGE 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 (CCO)
SECTION 9.29 TREES
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
ARTICLE XI PERFORMANCE STANDARDS FOR INDUSTRIAL ZONES
ARTICLE XII FENCES, WALLS, AND OBSTRUCTIONS TO VIEW REGULATIONS
ARTICLE XIII OFF STREET PARKING AND ACCESS CONTROL REGULATIONS
ARTICLE XIV OFF STREET LOADING AND/OR UNLOADING REGULATIONS
ARTICLE XV SIGN REGULATIONS
ARTICLE XVI ADMINISTRATION
ARTICLE XVII AMENDMENT PROCEDURE INCLUDING BUT NOT LIMITED TO CHANGE IN ZONING
ARTICLE XVIII BOARD OF ADJUSTMENT
ARTICLE XIX SCHEDULE OF FEES
ARTICLE XX REASONABLE ACCOMMODATION IN LAND USE AND ZONING REGULATION
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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SECTION 9.7 EXCAVATION OR MOVEMENT OF SOIL:
Notwithstanding other provisions of this ordinance, no governmental entity or other person or entity shall strip, excavate, fill, or otherwise move soil for sale or for any other purpose, except for minor changes such as the filling of small pockets in lots, flower beds and other similar operations, in any zone set forth in this ordinance without first insuring that all requirements of the Subdivision Regulations of the City of Newport, if applicable, have been fulfilled and then obtaining a permit from the Building Department for such stripping, excavating, filling, or other means of soil movement. The Building Department shall issue the required permit only after being informed by letter from the City of Newport's Engineer that the resulting change of grade in the affected area will not be against the best interests of the local area. The provisions of this section shall not be construed to prohibit normal excavation or grading incidental to the construction or alteration of a building on the premises for which a building permit has been granted as required otherwise in this ordinance, but shall include all road cuts thereto.
SECTION 9.8 UNSIGHTLY OR UNSANITARY STORAGE:
No rubbish, salvage materials, junk or miscellaneous refuse shall be openly stored or kept in the open and no weeds shall be allowed to go uncut within any zone when the same may be construed to be a menace to public health and safety by the appropriate Health Department, or have a depressing influence upon property values in the neighborhood, in the opinion of the Zoning Administrator. Regular salvage and junkyards shall be adequately enclosed with a solid fence or wall as regulated by Article XII of this ordinance and an approved permanent planting screen may be required as regulated in Section 9.16 of this ordinance.
SECTION 9.9 JUNKYARD LOCATION:
No person shall operate or cause to operate any junkyard which is situated closer than two thousand (2,000) feet to the center line of any county, state, federal or limited access highway or turnpike, including bridges and bridge approaches unless a permit for such operation shall have been obtained from Kentucky Department of Highways in accordance with KRS 177.905 to 177.950.
SECTION 9.10 APPLICATION OF ZONING REGULATIONS:
   A.   Except as hereinafter provided, no public or private structure, except the service facilities of public utilities operating under the jurisdiction of the Public Service Commission or the Department of Motor Transportation or Federal Power Commission and common carriers by rail, shall be erected, reconstructed, or structurally altered, nor shall any public or private structures of land, except the service facilities of public utilities operating under the jurisdiction of the Public Service Commission or the Department of Motor Transportation or Federal Power Commission and common carriers by rail, be used for any purpose other than that permitted in the zone in which such structures or land is to be located or is located. All of the required lot area shall be in one (1) zone.
   B.   Except as hereinafter provided, no public or private structures except the service facilities of Public Service Commission or the Department of Motor Transportation or Federal Power Commission and common carriers by rail, shall be erected, reconstructed, or structurally altered to exceed the height of bulk limit herein established for the zone in which such structure is to be located or is located.
   C.   Except as hereinafter provided, no lot areas shall hereafter be so reduced or diminished that the yards or other open spaces shall be smaller than described by this ordinance and no building shall be occupied by more families than prescribed for such building, structure, or premises for the zone in which it is located.
   D.   Except as herein provided, no part of any yard, or other open space, or off street parking or loading and/or unloading space about or in connection with any building, structure, or use permitted by this ordinance shall be considered to be part of a required yard, or other open space, or off street parking or loading space for any other building, structure or use.
   E.   Every public or private building or other structure hereafter erected shall be located on a lot as herein defined and in no case shall there be more than one (1) principal building and permitted accessory structures on one (1) lot, except as hereinafter provided, nor shall any building be erected on any lot which does not abut at least twenty five (25) feet on a deeded and accepted public right of way.
   F.   Accessory structures and uses including off street parking and loading and/or unloading areas shall not be permitted within any required minimum front yard or side yard (on each side of the lot) except in SC, PO, RFD, and CBD zones as provided herein. Accessory structures and uses including off street parking and loading and/or unloading areas shall be permitted to be extended into the minimum rear yard area, as defined herein, in all zones, but by never more than ten (10) feet.
   G.   Permitted Obstructions in Minimum Required Yards or Courts:
      Except as herein provided, the following shall not be considered to be obstructions when located in the required minimum yards or courts specified:
      1.   In all Minimum Required Yards or Courts awnings and canopies; driveways providing they are not closer than one (1) foot to the property line to which they run approximately parallel to; steps four (4) feet or less above grade and projecting not more than four (4) feet into the minimum required yards which are necessary for access to a lot from a street or alley; fire escapes, chimneys, and air conditioning equipment projecting eighteen (18) inches or less into the minimum required yards; arbors and trellises, flag poles, and bird baths, fences and walls subject to the requirement in Article XII of this ordinance.
      2.   In Minimum Front Yard Depths one story bay windows projecting three (3) feet or less into the minimum required yard; overhanging eaves and gutters projecting three (3) feet or less into the minimum required rear yard.
      3.   In Minimum Rear Yard Depths one story bay windows projecting three (3) feet or less into the minimum required rear yard; overhanging eaves and gutters projecting three (3) feet or less into the minimum required rear yard.
      4.   In Minimum Side Yard Width overhanging eaves and gutters projecting eighteen (18) inches or less into the minimum required side yard.
SECTION 9.11 NONCONFORMING LOTS, NONCONFORMING USES, NONCONFORMING STRUCTURES, REPAIRS AND MAINTENANCE:
   A.   NONCONFORMING LOTS OF RECORD:
      1.   Any lot of record, which does not meet the requirements of this ordinance, shall be considered a nonconforming lot of record.
      2.   If two (2) or more unimproved lots or combinations of lots and portions of lots with continuous frontage are of record at the time of passage or amendment of this ordinance, and if all or part of the lots do not meet the requirements for lot width and area as established by this ordinance, the land involved shall be considered to be an undivided parcel for the purpose of this ordinance, and no portion of said parcel shall be sold for purposes of building which does not meet lot width and area development requirements established by this ordinance, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this ordinance.
      3.   Where a single nonconforming lot of record exists having a lot area less than required by the particular zone wherein said lot is located, development may be permitted on the lot, provided: the lot is located on an existing and improved public street; the lot is of separate ownership from all adjacent and contiguous parcels; the adjacent and contiguous parcels exist as developed building lots or dedicated street right of ways precluding acquisition of additional area to achieve conformity; and development proposed on the lot is in conformance with all other requirements of this Ordinance.
   B.   NONCONFORMING USES:
      1.   CONTINUANCE: Except as herein specified, the lawful use of any public or private structure or land existing at the time of the adoption of this ordinance may be continued although such use does not conform to the provisions of this ordinance, however, no nonconforming use may be enlarged or extended unless and until the use is brought into conformance with all provisions of this Ordinance.
      2.   CHANGE FROM ONE NONCONFORMING USE TO ANOTHER: Any nonconforming use may be changed to another nonconforming use providing the new nonconforming use is in the same or a more restrictive classification (i.e., providing that, in the opinion of the Board of Adjustment, the new nonconforming use will be more in conformance with the intent of the regulation of the zone affected, than the old nonconforming use).
      3.   TERMINATION: Any one of the following acts or conditions shall terminate, immediately, the right to operate a public or private nonconforming use:
         a.   Changing to a conforming use.
         b.   Abandonment. Abandonment shall be deemed to have occurred when the nonconforming activity ceases to operate and/or the premises are vacated so as to leave the property unoccupied for a period of at least six (6) consecutive calendar months.
         c.   Nonoperative or nonused for a period of one (1) calendar year or more.
         d.   Whenever said nonconforming use becomes illegal, a nuisance, or a hazard to the public's safety, health, and welfare.
         e.   Whenever said nonconforming use becomes the property of the City of Newport, Commonwealth of Kentucky, or any other governmental entity.
      4.   ZONE CHANGE: The foregoing provisions shall apply to uses, which become nonconforming due to zone changes which take place hereafter.
   C.   NONCONFORMING STRUCTURES:
      1.   CONTINUANCE: Except as herein specified, any public or private nonconforming structure may be occupied, operated and maintained in a state of good repair, but no nonconforming structure shall be enlarged or extended unless the enlargement or extension can be, and is, made in compliance with all of the provisions of this ordinance.
      2.   TERMINATION: Any one of the following acts or conditions shall terminate, immediately, the right to operate a public or private nonconforming structure:
         a.   Changing to a conforming structure.
         b.   Abandonment. Abandonment shall be deemed to have occurred when the nonconforming activity ceases to operate and/or the premises are vacated so as to leave the property unoccupied for a period of one (1) calendar year or more.
         c.   Nonoperative or not used for a period of one (1) calendar year or more.
         d.   Whenever said nonconforming use becomes illegal, a nuisance, or a hazard to the public's safety, health, and welfare.
         e.   Whenever, with the exception of the City of Newport, any other governmental entity, acquires title to said nonconforming structure or the land upon which it is located.
      3.   ZONE CHANGE: The foregoing provisions shall apply to uses, which become nonconforming due to zone changes which take place hereafter.
   D.   REPAIRS AND MAINTENANCE: On any building devoted in whole or in part to any nonconforming use, work may be done on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten percent (10%) of the market value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this ordinance shall not be increased. Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring, to a safe condition, of any building, structure, or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
(Am. Ord. O-2016-024, passed 12-12-2016)
SECTION 9.12 EXCEPTIONS AND MODIFICATIONS:
   A.   EXCEPTIONS TO HEIGHT LIMITS:
      1.   The height limitations of this ordinance shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy; monuments, water towers, observation towers, transmission towers, chimneys, smoke stacks, radio and television towers, conveyers, flag poles, masts and aerials, penthouses, scenery lofts, standpipes, parapet walls, outdoor theater screens, other related structures and necessary mechanical appurtenances; provided their construction is in accordance with existing or hereafter adopted ordinances of the City of Newport, Commonwealth of Kentucky, and is acceptable to the Federal Aviation Agency and the Federal Communication Commission.
      2.   In the districts where permitted as conditional uses, public or semipublic buildings or hospitals may be erected to a height not exceeding seventy five (75) feet when the front, side and rear yards are increased an additional foot for each foot such buildings exceed the maximum height permitted in that district.
   B.   AREAS EXCEPTIONS:
      1.   For the purpose of side yard regulations the following dwellings with common party walls shall be considered as one (1) building occupying one (1) lot: Two family and multi family dwellings.
      2.   In the case of multi family dwellings, side yards may be used as rear yards provided that:
         a.   The required side yard shall be increased by one (1) foot for each entrance or exit opening into or served by such yard.
         b.   The width of the court shall not be less than two and one half (2 1/2) time the width of the side yard as required in the district in which such court apartments or multi dwellings are located.
         c.   Where a roadway is provided in the court, the width allowed for such roadway shall be in addition to that required in the foregoing regulation.
         d.   All other requirements, including front, side and rear yards shall be complied with in accordance with the regulations of the district in which such court apartments or multi family dwellings, are located.
         e.   Every part of a required minimum yard or court shall be open from its lowest point to the sky unobstructed, except for permitted obstructions in minimum required yards as specified in Section 9.10 (G) of this Ordinance.
   C.   OTHER EXCEPTIONS: Service stations or gasoline filling stations shall be so constructed that the center lines of the pumps shall be at least twenty five (25) feet from any street right of way lines.
   D.   FRONT YARD VARIANCE:
      1.   In any zone where the average depth of existing front yards within three hundred (300) feet of the lot in question and within the same block front, is greater than the minimum front yard depth prescribed elsewhere in this ordinance, the required minimum front yard depth on such lot shall be modified to be the average depth of said existing front yards provided, however, that the depth of the front yard on and such lot shall not be greater than sixty (60) feet.
      2.   In any residence zone, no front yard shall be required to exceed the average depth of existing front yards on lots abutting on each side of the street, or the average depth of existing front yards on the same side of the street within the same block and within two hundred (200) feet when fifty one percent (51%) or more of said lots are improved with residence buildings, whichever is greater; provided that in no case shall a front yard be less than twelve (12) feet.
   E.   INDUSTRIAL AND COMMERCIAL AREAS: Existing permitted uses and existing conditionally permitted uses located in industrial zones (I 1 AND I 2) and commercial zones (CBD, CBDF, RFD, SC, NC, and PO) may be enlarged although the minimum required lot area for said use is less than required by this Ordinance, provided that site plans are submitted and approved by the zoning administrator. Such expansion may only be permitted if all other applicable requirements of this Ordinance are complied with.
SECTION 9.13 CONDITIONAL BUILDINGS AND USES:
   A.   DETERMINATION: The Board of Adjustment may authorize a conditional building and use to be located within any zone in which the particular conditional use is permitted by the use regulations of this Ordinance, if the evidence presented by the applicant is such as to be established by preponderance of the evidence:
      1.   That the proposed building and 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, and
      2.   That such building and use will not, under the circumstances of the particular case 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, and
      3.   That the proposed building and use will comply with any regulations and conditions specified in this Ordinance for such building and use.
   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 Adjustment may approve, modify, or deny any application for a conditional use permit. If it approves such 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 (1) 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 variances 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 personam for such cost.
      2.   Granting of a conditional use permit does not exempt the applicant from complying with all of the requirements of this Ordinance, the building code, housing code and other regulations of the City of Newport.
      3.   In any case where a conditional use permit has not been exercised within the time limit set by the Board or within twelve (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.   The 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 when 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 permit. If the landowner is not complying with all of the conditions listed on the conditional use permit, the 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 that it is furnished to the chairman of the Board of Adjustment. 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 Zoning Administrator are true and that the landowner has taken no steps to comply with time between the date of the report and the date of the hearing, the Board of Adjustment may authorize the 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 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 100.344. Thereafter said use, if it continues to meet the other requirements of this Ordinance, will be treated as a permitted use.
      6.   When an application is made for a conditional use permit for land located within or abutting any zoning district, written notice shall be given at least fourteen (14) days in advance of the public hearing on the application to the applicant, and owners of every parcel of property adjoining the property to which the application applies. Written notice shall be by first class mail with certification by the board's secretary that the notice was mailed. It shall be the duty of the applicant to furnish to the board the name and address of an owner of each parcel of property as described in this subsection. Records maintained by the property valuation administrator may be relied upon conclusively to determine the identity and address of said owner. In the event such property is in condominium or cooperative forms of ownership, then the person notified by mail shall be the president or chairperson of the owner group, which administers property commonly, owned by the condominium or cooperative owners. A joint notice may be mailed to two (2) or more co owners of an adjoining property who are listed in the property valuation administrator's records as having the same address.
   C.   RE-USE OF PREVIOUSLY APPROVED OR “GRANDFATHERED” CONDITIONAL USE STRUCTURES: To prevent the abandonment of conditional use structures and to promote their adaptive re-use in all zones within the city, previously approved or “grandfathered” conditional use structures may, subject to the approval of the Board of Adjustments, be approved as a new conditional use allowing higher residential density than the underlying zone would permit, the operation of a commercial, non-industrial, use or a combination of both subject to the following restrictions:
      1.   Screening pursuant to Section 9.16;
      2.   Development Plan requirements of Section 9.19;
      3.   Fences, walls and obstruction to view requirements of Article XII;
      4.   Sign regulations pursuant to Article XV;
      5.   In residential zones, the permitted commercial uses shall be compatible with the surrounding zone;
      6.   The adaptive re-use shall be located within the existing conditional use structure; and
      7.   Parking per Section 13.1.
(Am. Ord. O-2008-019, passed 9-8-2008; Am. Ord. O-2016-024, passed 12-12-2016)
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