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Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Administrator. The Zoning Administrator shall record properly such complaint, immediately investigate, and take action thereon as provided by this Ordinance and the State Statutes, Commonwealth of Kentucky.
Any person or entity violating any of the provisions herein shall, upon conviction in the Campbell District Court, be guilty of a Class B misdemeanor and shall be subject to fine and/or imprisonment in accordance with the penalties for a Class B misdemeanor as provided for in the Kentucky Revised Statutes.
(Am. Ord. O-2014-017, passed 9-22-2014; Am. Ord. O-2016-024, passed 12-12-16)
It is the intent of this Ordinance that:
A. Where investigations can be made by the Zoning Administrator or other designated City employees, at the request of the Zoning Administrator, using equipment normally available to the City such investigation shall be so made before notice of violation is issued.
B. Where technical complexity, nonavailability of equipment, or extraordinary expense makes it unreasonable, in the opinion of the Zoning Administrator for the City 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. Protecting individuals from arbitrary, capricious, and unreasonable administration and enforcement of performance standard regulations; and
3. Protecting the general public from unnecessary costs for administration and enforcement.
C. If the 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.
If, in the judgment of the Zoning Administrator, there is probable violation of the performance standards as set forth, the following procedures shall be followed:
A. The 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 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 Zoning Administrator within thirty (30) consecutive calendar days of receipt of such notification. However, the following alleged violations shall require an answer or correction of the alleged violations to the satisfaction of the Zoning Administrator within five (5) consecutive calendar days from the receipt of such notification by the Zoning Enforcement Officer:
1. Banners and temporary signs (Section 15.2).
2. Parking on off-street unpaved surfaces (Section 13.0).
3. Parking or storing of trailers, mobile homes, campers, inoperable vehicles, and other such type equipment (Section 9.25).
The notice shall state that failure to reply or to correct the alleged violation to the satisfaction of the Zoning Administrator within thirty (30) consecutive calendar days of receipt of said notice constitutes admission of violation of the terms of this Ordinance.
B. If there is no reply within thirty (30) consecutive calendar days (or five consecutive calendar days as applicable) of receipt of said notice, but the alleged violation is corrected to the satisfaction of the 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.
C. If there is no reply within thirty (30) consecutive calendar days (or five consecutive calendar days as applicable) of receipt of said notice and the alleged violation is not corrected to the satisfaction of the Zoning Administrator within the established time limit, he shall proceed to take or cause to be taken such action as is warranted by continuation of a violation after notice to cease.
D. If a reply is received within thirty (30) consecutive calendar days (or five consecutive calendar days as applicable) of receipt of said notice indicating that the alleged violation will be corrected to the satisfaction of the Zoning Administrator, but requesting additional time, the Zoning Administrator may grant a reasonable extension of time if (in) he deems it warranted under the particular circumstances of the case and (to) if the extension will not, in his opinion, cause imminent peril to life, health or property.
E. If a reply is received within thirty (30) consecutive calendar days (or five consecutive calendar days as applicable) of receipt of said notice requesting a technical determination of the alleged violations, and if the alleged violations continue, the Zoning Administrator may call in properly qualified expert to investigate and determine whether the violation exists or may advise the person or persons responsible for the alleged violation that they may retain qualified experts, at their own expense, to investigate and determine whether the violations exist.
The findings of the experts, if any, shall be submitted to the Zoning Administrator to determine, in his opinion, whether there are violations based upon the findings presented to him. If the findings indicate violations of the performance standards, the persons responsible for the violations shall be notified by the Zoning Administrator and may be subject to the penalties as may be appropriate under the terms of Section 16.9 of this Ordinance. If the Zoning Administrator determines that no violation exists, the person or persons shall be promptly notified by the Zoning Administrator that no violations exist.
F. If a reply is received within thirty (30) consecutive calendar days of receipt of said notice requesting technical determination as provided in this Ordinance, and if the alleged violations continue, the Zoning Administrator shall call in properly qualified experts to investigate and determine whether violations exist. 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 SECTION 16.9 of this Ordinance. If no violation is found, the costs of the investigations shall be paid by the City without assessment against the properties or persons involved.
ARTICLE XVII
AMENDMENT PROCEDURE INCLUDING BUT NOT LIMITED TO CHANGE IN ZONING
AMENDMENT PROCEDURE INCLUDING BUT NOT LIMITED TO CHANGE IN ZONING
This Ordinance, and as herein used the term ordinance shall be deemed to include the official zoning map or maps, shall not be amended except to correct a manifest error in the ordinance, or, because of changed or changing conditions in a particular area or in the City generally, to rezone an area or to extend the boundary of an existing zone in accordance with the adopted Comprehensive Plan for the City of Newport or to change the regulations and restrictions thereof, only as necessary to the promotion of the public health, safety or general welfare. Subject to the limitations of the foregoing Declaration of Public Policy, an amendment to this Ordinance may be initiated by the Board of City Commissioners or the Planning Commission on their own motion, or in the manner and pursuant to the procedure hereinafter set forth, may be initiated by any person, firm or corporation filing and application therefor with the City.
All proposed amendments to this Ordinance regardless of how or by whom initiated, shall be subject to the following limitations:
A. ADMINISTRATIVE EXAMINATION: No amendment to this Ordinance shall be adopted until the amendment has been examined by the Planning Commission as hereinafter set forth. Before any amendment is granted, the Planning Commission or the Board of the City Commissioners must find that the amendment is in agreement with the adopted Comprehensive Plan for the City of Newport or, in the absence of such a finding, that one or more of the following apply and such finding shall be recorded in the minutes and records of the Planning Commission or Board of Commissioners.
1. That the original zoning classification given to the property was inappropriate or improper.
2. That there have been major changes of an economic, physical or social nature within the area involved which were not anticipated in the community's Comprehensive Plan and which have substantially altered the basic character of such area.
The Commission shall review the proposal, and shall within sixty (60) consecutive calendar days from the date of its receipt, advise the Board of City Commissioners, after a public hearing, whether it recommends approval or disapproval of the change and shall state the reasons for its recommendation.
B. UNIFORMITY OF ZONE REGULATIONS AND RESTRICTIONS: No amendment to this Ordinance shall be adopted whereby the regulations and restrictions established thereby are not uniform for each zone having the same classification and bearing the same symbol or designation on the official zoning map.
C. MINIMUM SIZE OF NEW ZONES: No amendment of this Ordinance 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. For the purpose of computing the total size of an area to be rezoned for compliance herewith there shall be added to such area;
1. The area of public rights of way interior to the area being changed;
2. One half the area of public rights of way abutting the area being changed;
3. The area of any land which is contiguous to the area being changed 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 or alley. Subject to the foregoing limitations, every zone shall be of at least the following size:
The zoning map or maps shall not be amended, changed or modified in such manner as to create a free standing zone of less than one (1) acre except where specific area restrictions are stipulated in this Ordinance or as outlined in the adopted Comprehensive Plan for the City of Newport.
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