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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.
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)
No structure shall be designed, erected or altered except in accordance with the following regulations:
A. ALL ZONES:
1. MINIMUM GROSS FLOOR AREA: No dwelling unit shall have a gross floor area as defined in Section 7.0, herein, of less than six hundred (600) square feet; provided and except, however, that in residential zones minimum gross floor areas shall not be less than the following:
TABLE 1 MINIMUM GROSS FLOOR | ||
ZONE | TYPE OF DWELLING UNIT | AREA IN SQUARE FEET |
TABLE 1 MINIMUM GROSS FLOOR | ||
ZONE | TYPE OF DWELLING UNIT | AREA IN SQUARE FEET |
R 1,
R-2, R-2H,
R-3 | Single family, one bedroom | 650 |
R 1,
R-2, R-2H,
R-3 | Single family, two bedrooms | 800 |
R 1,
R-2, R-2H,
R-3 | Single family, three bedrooms | 900 |
R 1,
R-2, R-2H,
R-3 | Single family, four bedrooms | 1000 |
R-2, R-2H,
R-3, R-4, R-5 | Efficiency Apartment | 400 |
R-2, R-2H,
R-3, R-4, R-5 | One bedroom apartment | 500 |
R-2, R-2H,
R-3, R-4, R-5 | Two bedroom apartment | 700 |
R-2, R-2H,
R-3, R-4, R-5 | Three bedroom apartment | 800 |
2. PUBLIC WATER AND SANITARY SEWERS: No building may be constructed in any zone unless such building is connected to a public water and centralized sanitary sewer system and approved by the proper authorities.
3. APPROVAL REQUIRED FOR COMBINING STRUCTURES.
A. Where two or more structures share a common wall said common wall shall not be altered in any manner, which would provide access through said common wall from one structure to another. This shall include any type of opening through said common wall until all requirements of the subdivision regulations of the City have been met and approval has been granted by the Planning Commission and the Board of Adjustments.
B. Where two structures are separate and remote said structures shall not be joined or combined until all requirements of the Subdivision Regulations of the City have been met and approval has been granted by the Planning Commission and the Board of Adjustments.
(Am. Ord. O-2019-023, passed 9-23-2019)
A. No building, structure or improvement shall be moved or set from or upon land located in any area or transported upon any public street, road or highway in the City of Newport until and unless a building permit to move and set and a transport permit has been obtained therefore and said building, structure or improvement complies with the provisions of this section.
B. All buildings, structures and improvements shall comply with the City of Newport's Building Code.
C. PROCEDURE:
1. Any person who wishes to obtain a building permit, to move and set in compliance herewith shall apply at the office of the Building Inspector requesting an inspection of the building, structure or improvement to be moved and set, and that an application for such permit be filed with the Building Inspector.
2. The applicant shall submit, with his application for said building permit, a plot plan, footing and foundation plan and construction plans for any new construction. Said plans shall comply with the City of Newport's Building Code.
3. If the building, structure or improvement is located in the City of Newport, all outstanding property taxes shall be paid and the applicant shall submit with his application a statement from the City of Newport's Director of Finance showing that all past and current taxes have been paid before any permit shall be issued.
4. Upon receipt of the foregoing items, the Building Inspector shall inspect said building, structure or improvements, and the proposed location where same will be set within the City of Newport and determine that the proposed development complies with the Building Code.
5. The move and set shall be referred to the Zoning Administrator for approval or denial of compliance with this ordinance.
6. Upon approval by the Zoning Administrator and Building Inspector, a permit shall be issued to permit the move and set. The City of Newport Engineer shall then be notified of same and shall issue a transport permit. The City of Newport's Engineer or his agent will designate the route to be traveled. The transport permit is good only for the date specified on permits except Saturday, Sunday or holidays. The transport permit will not be issued if ninety (90) consecutive calendar days or more have lapsed from the date of inspection by the Building Inspector.
7. There will be a building permit fee of two hundred fifty dollars ($ 250) to cover the costs of investigation and inspection for determining the structural soundness of buildings, structures, or improvements to be moved, which 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 the City of Newport Building Code, and this Ordinance, a building permit will be issued at the regular fees as determined by the valuation of said building, structure, or improvements as published in the Building Code. This fee is in addition to the two hundred fifty dollars ($ 250) fee first listed.
8. The transport permit provided for in this section shall not be in lieu of any building permits, which may be required by the City.
9. No transport of 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 State Highway Department of Kentucky and the Campbell County Road Supervisor unless it can be shown by the applicant that these agencies are not interested in the matter.
10. No transport of building permit to move and set shall be issued for any building, structure or improvement in the City of Newport until and unless such person, corporation or company shall post with the Building Inspector a good and sufficient indemnity bond in the amount of five thousand dollars ($5,000) in favor of the City of Newport.
Such bond shall be made by a Surety Corporation authorized to do business in the Commonwealth of Kentucky; said bond may be issued on an annual basis but shall not be in excess of such period of time.
A. General: All screening areas, where required, in and along any yard, shall consist of a landscaped planting strip at least ten (10) feet in width, planted within the boundaries of such strip with a hedge or similar vegetation or suitable fences approved by the Zoning Administrator or the Planning and Zoning Commission if required by this Ordinance. Hedges and fences as required by this section shall be of a height suitable for screening as approved by the Zoning Administrator (or the Planning and Zoning Commission if required by this Ordinance). All landscaping and screening improvements shall be maintained by the property owner.
B. In transitional yards separating residential districts from commercial and/or industrial uses, the requirements for screening shall be as follows:
1. Where a front yard abuts a street on the opposite side of which is a Residential District, the front yard may include off street parking provided a ten (10) foot wide strip of said required front yard, paralleling and measured from the front lot line, and extending the full length thereof (except for walks, access cuts, and driveways) shall be maintained as a landscaped portion of the yard in conformance with paragraph 9.16 B.
2. Where a side or rear lot line abuts either a side or rear lot line in an adjacent Residential District, a side or rear yard setback not less than fifteen (15) feet in depth shall be provided along such side or rear lot line.
Provided however, where a dedicated alley separates such side or rear lot line from the Residential District, said side or rear yard and setback shall not be less than ten (10) feet.
3. Transitional Yard Exception: The transitional yard requirements of paragraph 9.16(A) shall not apply in those instances where commercial or industrial use, legally established by permanent variance or lawful non conforming use, exists upon such adjoining property or abutting frontage property, although residentially zoned.
C. Screening and Landscaping Transitional Yards:
1. Front transitional yards (fronting upon a Residential District) or for new parking lots within residential zones, shall be landscaped in an open pattern, in grass and shrubbery, trees and/or hedge to provide a partial screening of the use. An ornamental, decorative fence not more than two and on half (2 1/2) feet in height if solid, or six (6) feet if more than fifty (50) percent open, may be used in conjunction with the landscaping. Provided, however, along any portion of said transitional front yard in which an off street parking area is located there shall be provided and maintained along the front lot line a buffer screen of either:
Architectural Screen a wall or fence of ornamental block, brick, wrought iron fencing, or combination thereof. Said wall or fence shall be at least 42 inches in height and shall be so constructed to such minimum height to restrict any view there through, or
Plant Material Screen a compact hedge of evergreen or deciduous shrubs, at least 36 inches in height at the time of planting. Ground area between such wall, fence or hedge and the front lot line shall be planted and maintained in grass, other suitable ground cover, shrubbery and/or trees. All shrubs and trees shall be planted balled and burlapped and shall meet the standards of the American Association of Nurserymen. To provide maximum flexibility in the landscape design of side screen and ground area, a variety of plant material may be used, provided, however, that a plan indicating the species, variety, size, spacing and location of all plants shall be filed with the Zoning Administrator and approved by him prior to the time of planting.
2. Side and rear transitional yards (abutting residential districts) shall be landscaped in grass and shrubbery, trees and/or hedge to form an effective screening of the use. An ornamental, decorative fence or masonry wall may be used in conjunction with the landscaping. Provided, however, if any portion of a side or rear transitional yard is used for a driveway or off street parking area, there shall be provided and maintained along the entire length of such lot line to the front setback line, a wall or fence of ornamental block, brick, solid wood fencing, or combination thereof. Said wall or fence shall be at least six (6) feet in height and shall be so constructed to such height to restrict any view there through.
D. Landscaping Installation and Maintenance:
1. Installation all landscaping required by this section shall be installed prior to the issuance of a building occupancy permit if said permit is issued during a planting season, or within six (6) months of the date of an occupancy permit is issued if issued during a non planting season.
2. Maintenance it shall be the responsibility of the owners and their agencies to ensure proper maintenance of the landscaping, in accordance with the landscape plan approved by the Planning and Zoning Commission. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute, and keeping the area free of refuse and debris.
3. Safety - in no instance shall plant materials which overhang a public right-of-way have a clearance of less than fourteen feet from the lowest limb of the plant to the pavement surface of the right-of-way (see Section 12.0 for requirements for maintaining proper sight-distance).
4. Changes After Approval no landscaping which has been approved by the Planning and Zoning Commission or the Tree Board may later be substantively altered, eliminated, or sacrificed, without first obtaining further Plan Commission and Tree Board Approval.
5. Inspection the Planning and Zoning Commission, Zoning Administrator, or their duly appointed representative, shall have the authority to visit any areas screened under the requirements of this section to inspect the landscaping and check it against the approved plan on file.
All private swimming pools shall be regulated according to the following requirements:
1. Swimming pools shall be permitted to be located only to the rear of the principal permitted dwelling or dwellings.
2. Except as herein provided, no swimming pool, including the apparatus and equipment pertaining to the operation of the swimming pool shall be permitted within any required yards of the lot and shall be a minimum of three (3) feet from any side yard lot line, nor within the limits of any public utility right of way easement.
3. The swimming pool or the property on which the pool is located shall be surrounded by a fence or wall (only classes 1, 3, 4, and 5 are permitted as regulated in Article XII of this Ordinance) at least five (5) feet in height but not exceeding a height of seven (7) feet and of such construction that a small child may not reach the pool from the street or from any adjacent property without opening a door or gate or scaling a wall or fence.
4. Glare from floodlights used to illuminate the swimming pool area for night bathing shall be directed away from adjacent properties.
5. All swimming pools including the apparatus and equipment pertaining to the operation of the swimming pool shall be constructed and erected in accordance with all applicable codes, ordinances and regulations of the City of Newport. Any water used in the operation of a swimming pool, other than from a public source, shall be approved of by the appropriate Health Department.
(Am. Ord. O-2020-15, passed 9-21-2020)
All public, semipublic and commercial swimming pools shall be regulated according to the following requirements:
1. Except as herein provided, no swimming pool including the apparatus and equipment pertaining to the operation of the swimming pool shall be permitted within any required yards of the lot, or closer than twenty-five (25) feet from any abutting property, or within the limits of any public utility right of way easement.
2. The swimming pool or the property which the pool is located shall be surrounded by a fence or wall (only classes 1, 3, 4, and 5 are permitted as regulated by Article XII of this Ordinance) at least five (5) feet in height, but not exceeding the height as herein required, and of such construction that a small child may not reach the pool from the street or from any adjacent property without opening a door or gate or scaling a wall or fence.
3. Glare from floodlights used to illuminate the swimming pool area for night bathing shall be directed away from adjacent properties.
4. All swimming pools including the apparatus and equipment pertaining to the operation of the swimming pool shall be constructed and erected in accordance with all applicable codes, ordinances and regulations of the City of Newport. Any water used in the operation of a swimming pool, other than from a public source, shall be approved of by the appropriate 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 through the emission of noise, voices, or music which is loud enough to cause complaints from said adjacent residential property owners.
(Am. Ord. O-2020-15, passed 9-21-2020)
No building shall be erected or structurally altered nor shall any grading take place on any lot or parcel in districts where a development plan is required (except for those activities that are defined as exempt from these requirements according to paragraph 2 under this section) without first obtaining the approval of a development plan as hereinafter required:
1. Before a permit is issued for construction, one (1) copy of the development plan of the area at a scale of no smaller than one (1) inch equals one hundred (100) feet shall be filed with the Building Inspector and the Zoning Administrator setting forth, identifying and locating the following:
a. Total area in development project including legal description.
b. Present zoning of property in question and adjacent properties.
c. All public and private rights of way and easement lines located on and adjacent to the property which are proposed to be continued, created, relocated or abandoned.
d. Existing topography with a maximum of two foot contour intervals. Where existing ground is on a slope of less than two percent (2%) either one foot contours or spot elevations where necessary, but not more than fifty (50) feet apart in both directions. Soil classification shall also be indicated along with the source from which soil classification was obtained.
e. The proposed finish grade of the development area shown by contours with intervals not larger than two (2) feet, supplemented where necessary by spot elevations.
f. The location of every existing and proposed building in the described parcel or parcels, the use or uses to be contained therein, the number of buildings including dimensions and height, the gross floor area and number of floors.
g. Location and dimension of all curb cuts, curbing, driving lanes, off street parking and loading and/or unloading areas including number of spaces, angle of stalls, grades, and illumination facilities.
h. All walks, malls, and other open areas.
i. Location of all walls, fences, and screening plantings.
j. Location, size, height and orientation of all signs.
k. Types of surfacing proposed on the various off street parking and driveways including cross sections and drainage plans.
l. Location of all existing and proposed streets, highways, and alleys.
m. All existing and proposed water and sanitary sewer lines, indicating pipe sizes, types and grades.
n. A drainage plan of the area showing size and location of each existing and proposed structure. The approximate volume of water generated by development of the subject area and the proposed method of disposing of said water. Provisions shall be included 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.
o. A schedule of development including the staging and phasing of:
1. Residential areas, 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 with a preliminary statement indicating how maintenance of the latter will be handled; and
4. The construction of nonresidential buildings, in order of priority.
p. Such other information with regard to the development area as may be required by the Planning and Zoning Commission to determine conformance with this Ordinance.
q. A Landscaping Plan showing the location, orientation, height, caliper, and type of vegetation to be used.
All such development plans shall be reviewed by the Planning and Zoning Commission or its duly authorized representative, and the factual determination approving or rejecting such plans shall be made in accordance with requirements of this or other applicable sections of this Ordinance, and the Comprehensive Plan for the City of Newport. All development plans approved shall be binding upon the applicants, their successors and assigns and shall limit the development to all conditions and limitations established in such plans. Amendments to plans may be made in accordance with the procedure required by this Ordinance subject to the same limitations and requirements as those under which such plans were originally approved. After final approval the subject area may be developed in stages, providing all of the procedures required by the Planning and Zoning Commission, or its duly authorized representatives, have been complied with.
2. A. Where necessary the Planning Commission may ask a developer to post a Bond in anticipation any damage that may occur to a street by construction traffic. This shall apply to all City owned roadways.
a. Applicant must identify truck routes.
b. Applicant must photograph existing conditions prior to project.
c. Applicant must post bond.
B. For construction off state routes a developer will submit a letter of understanding and meet all requirements of the state.
3. The new construction or substantial remodeling of a single residential one or two family unit shall be exempt from the requirements of Section 9.19, Development Plan Requirements. Except houses for the hillside development guideline area.
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