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A. Definitions. See Section 80.008, Definitions, at the beginning of this ordinance for definitions of 1) Manufactured Home, 2) Mobile Home, and 3) Modular Home.
B. Temporary installation during construction. A manufactured home may also be installed and temporarily occupied by the owner of a lot upon which a permanent residence is under construction or under contract for construction, or upon which the permanent residence has been damaged by fire or other calamity so as to be temporarily uninhabitable, provided that:
1. Such manufactured home shall be installed either upon the same property as the permanent residence or upon some other lot in the same subdivision.
2. Such manufactured home shall be occupied for no longer than necessary for the construction or repair of the permanent residence, but in any case for no longer than is specified in the permit for such occupancy hereinafter required.
3. Such manufactured home shall be connected with the public sewer.
4. Such manufactured home shall be so parked as to observe the setback and yard requirements for an accessory building in the zoning district in which it is located.
5. Such manufactured home shall be installed only after a written permit is obtained from the city Building Inspector, and which shall specify the date of termination. Such permit shall originally be for a period of six (6) months or less. It may be extended one (1) time, for a period of not over two (2) months by the Building Inspector upon a showing that circumstances beyond the control of the occupant have delayed the construction or repair of the main residence.
C. Manufactured homes permitted. Individual manufactured homes are permitted in Residential District R-6 as single-family residences. Manufactured home parks shall be permitted only as conditional uses approved by the Board of Adjustment after referral and recommendations from the Planning Commission. Manufactured home parks shall be permitted only in the R-6 Residential District.
1. Area and density requirements. No manufactured home park shall be permitted on an area of less than three (3) acres in size, although the developer shall be permitted to develop the park in stages as long as he or she complies with an overall plan approved the Planning Commission for the entire tract. The number of manufactured homes permitted in the manufactured home park shall not exceed a density of twelve (12) manufactured homes per net acre in areas served by public sewer, or six (6) manufactured homes per acre in areas not served by public sewer. A net acre shall be deemed to be the land to be subdivided into lots after streets and other required improvements have been installed.
2. Lot requirements. Individual lots within a manufactured home park shall not be less than thirty-five hundred (3,500) square feet in area, and in no instance shall more than one (1) manufactured home be permitted on a single lot. The minimum lot width shall be fifty (50) feet.
3. Setback. No manufactured home or accessory building or structure shall be located closer to any street than the minimum front yard setback for permanent residential structures along said street. Where the manufactured home park is not bounded by a dedicated street, the minimum setback shall be thirty (30) feet.
4. Spacing. No manufactured home shall be located within thirty (30) feet from another manufactured home, except that a minimum end-to-end clearance of not less than twenty (20) feet shall be permitted.
5. Utilities. All lots within the manufactured home park shall be provided with sewer, water, and electrical facilities meeting the standards specified by local and state building and health regulations, and each manufactured home shall be properly connected with said utilities.
6. Accessory structures. No accessory building or structure, including patios, shall be located within five (5) feet from any individual lot line.
7. Procedure for establishing manufactured home park. In that manufactured home parks are permitted as conditional uses only, the prospective developer, before attempting to obtain a building permit or beginning any construction, shall prepare a plan showing the lot dimensions and bearings of the parcel he or she intends to develop, its location within the city, general layout or design he or she intends to follow and improvements he or she expects to make on the land. He or she shall then meet with the Planning Commission, the purpose being to inform the developer of any plans that would affect his or her development and to allow the Planning Commission to review the plan to insure that the developer's plan are not in conflict with any of the Commission's plans. This meeting would also form a common ground whereby the Planning Commission and the prospective developer could reach an understanding of the types of improvements necessary. In making recommendations on the development plan, the Planning Commission may recommend certain conditional requirements pertaining to such things as landscaping, screening, and road requirements. After recommendations from the Planning Commission, the prospective developer shall meet with the Board of Adjustment and request the necessary permission before a building permit can be issued. Any condition requirements established by the Board of Adjustment shall be considered as a part of the official zoning regulations and failure to comply therewith shall be subject to the penalties contained herein.
8. Pre-owned manufactured homes. Pre-owned manufactured homes, purchased outside Kentucky, must meet the requirements of KRS 227.600, and have the numbered Class B1 Seal affixed to the unit.
D. Existing manufactured homes outside an R-6 District. All existing manufactured homes located outside an R-6 (Manufactured Homes) District as of this date of this ordinance shall be allowed to remain in their present location as a legal non-conforming use. No additional manufactured home shall be permitted on a permanent basis within the city except those located within an approved manufactured home park. Existing manufactured homes that are non-conforming uses may be replaced by a new manufactured homes, equivalent in size.
E. Modular homes. Modular homes, which have been approved by the Kentucky Division of Codes Enforcement, may be installed in any residential zoning district in accordance with the applicable building codes and zoning criteria of subject district.
(Am. Ord. 2014-12, passed 7-15-14)
A. Junkyards are not designated as permitted uses in any district and are consequently non-conforming uses in all districts. They shall conform with Section 80.206 of this ordinance prescribing regulations for non-conforming uses. The enforcement officer shall ensure that all existing junkyards maintain valid permits to operate issued by the Kentucky Department of Highways, as required by KRS 177.905 thorough 177.990, and he or she shall ensure that all screening required by the Department of Highways is maintained as long as the junkyards remain in operation.
(Am. Ord. 2014-12, passed 7-15-14)
A. Non-conforming uses. A non-conforming use shall be permitted to continue as long as it remains otherwise lawful, and shall be regulated as follows:
1. A non-conforming use shall not be extended, or expanded, beyond the scope and area of it's operation at the time of the adoption of the regulation which makes such use non-conforming.
2. When a non-conforming use of any structure, or premises, has been discontinued for a period of one (1) year or more, showing a gross lack of diligence in use, except when government action or structural damage prevents such use, the non-conforming use shall not be re-established, and said structure and/or premises must thereafter be used in conformance with this ordinance.
3. A non-conforming use may not be changed to any other non-conforming use except that, with the written approval of the Board of Adjustment, a non-conforming use may be changed to another non-conforming use of the same, or a more restrictive, classification. If the BOA approves a change in use, no structural changes may be made to the exterior of the building.
B. Non-conforming structures. A non-conforming structure shall be permitted to continue as long as it remains otherwise lawful, and shall be regulated as follows:
1. A non-conforming structure shall not be enlarged, replaced or structurally altered in any way that increases its non-conformity, but a structure may be altered to decrease its non-conformity. However, it may be restored to a safe condition if declared unsafe by the enforcement officer or other public official with jurisdiction.
2. Should a non-conforming structure, or portion of a structure, be damaged, destroyed or demolished by any means, it may be reconstructed or repaired, and the non-conforming use resumed; but it may not exceed the number of square feet of floor area nor the number of cubic feet it contained prior to its damage, destruction or demolition.
C. Non-conforming lots. In any case where an official lot of record at the date of the adoption, or amendment, of this ordinance, does not conform to the width, depth or area requirements of this ordinance, it shall be considered a legal non-conforming lot and be permitted to continue, and shall be regulated as follows:
1. A non-conforming lot may not be further subdivided or consolidated with another parcel in a manner that increases its non-conformity, but may be altered so as to decrease its non-conformity. However, the Planning and Zoning Commission may approve the subdivision of a lot, which has two (2) or more legally constructed principal residences, into separate parcels for the purpose of the sale or transfer of the individual residences. This may be done only if the Commission finds that the properties have been used in a separate and distinct manner with separate utilities, and other facilities, so that the resulting subdivision will not constitute a material change in the use of the property.
2. A residential dwelling may be built upon a lot (including a lot of record) which was non-conforming at the time this ordinance was adopted. The Board of Adjustments shall permit variances, within reasonable conformity with existing structures in the area, and as described in Section 80.301.B.3 (Dimensional variance) of this ordinance.
(Ord. 2014-12, passed 7-15-14)
A. Purposes. The purposes of these regulations are, within the grant of authority by the General Assembly in KRS 100.985, et seq.:
1. To provide for the safest and most efficient integration of cellular antenna towers for cellular communications services or personal communications services within the community;
2. To provide for such facilities in coordination with the recommendations of the comprehensive plan;
3. To allow for such facilities with the intention of furthering the public health, safety, and general welfare;
4. To foster the promotion of co-location;
5. To provide aesthetic protection in residential districts, central business district, general business districts, neighborhood commercial districts, industrial districts. and scenic highways.
6. To provide aesthetic protection for properties, sites, structures, buildings and objects of historical significance, including those surveyed by the Kentucky Heritage Council and designated as on the National Register of Historic Places (Register), contributing to a Register listing, or eligible for the Register. Also includes State of Kentucky Landmarks (hereinafter referred to as "historic properties").
B. Prohibited actions of Planning Commission in regulating placement in cellular antenna towers.
1. The provisions of KRS 100.986, as amended from time to time, are incorporated herein by reference.
C. Definitions. For the purposes of these regulations, the definitions as found in KRS 100.985, as amended from time to time, are incorporated herein by reference, and shall apply, supplemented by the following:
1. Guyed towers. A type of wireless transmission tower that is supported by thin guy wires.
2. Monopole. A slender self-supporting tower on which wireless antennas can be placed.
3. Stealth technology. Cellular antenna tower is camouflaged, such as in a steeple or flag pole, to make it less visible.
D. Pre-application conference.
1. Applicants are encouraged to notify the Planning Commission to discuss proposals, allow for early coordination and to identify those items which are in conformance/nonconformance with the adopted Comprehensive Plan, Zoning Ordinance, and the provisions of these regulations.
E. Application fee.
1. An applicant for the construction of cellular antenna towers for cellular telecommunications services, or personal communications services, shall pay an application fee in the amount of $2,500 upon submission of a uniform application. This fee includes review by the Planning Commission based upon the required development plan, review of the Planning Commission for grading and construction plans as defined by the Subdivision and Development Regulations, and review and permitting by the Building Inspector. Applications for co-location of antenna(e) on an existing structure shall pay an application fee in the amount of $250. This fee includes review by the Planning Commission for grading and construction plans (if needed) as defined by the Subdivision and Development Regulations, and permitting by the Building Inspector.
F. Contents of uniform application.
1. The provisions of KRS 100.9865, as amended from time to time, are incorporated herein by reference.
G. Applicability.
1. Every utility, or a company, that is engaged in the business of providing the required infrastructure to a utility, that proposes to construct an antenna tower for cellular telecommunications services, or personal communications services, shall submit a completed uniform application to the Paris-Bourbon County Joint Planning Commission. The Planning Commission shall not regulate the placement of antennas or related equipment on an existing structure (co-location).
H. Confidentiality of application.
1. All information contained in the application and any updates, except for any map or other information that specifically identifies the proposed location of the cellular antenna tower then being reviewed, shall be deemed confidential and proprietary within the meaning of KRS 61.878. The Planning Commission shall deny any public request for the inspection of this information, whether submitted under Kentucky's Open Records Act or otherwise, except when ordered to release the information by a court of competent jurisdiction. Any person violating this subsection shall be guilty of official misconduct in the second degree as provided under KRS 522.030. The confidentiality of the application and any updates of the application may be waived by the applicant in writing.
I. General.
1. A cellular antenna tower for cellular telecommunications services of personal communications services may be allowed:
(a) In any (A-1) Agricultural, (B) Business, or (I) Industrial District, except those with the districts containing the Central Business District, historic properties, or scenic highways;
(b) After a review by the Planning Commission, in accordance with the adopted goals and objectives of the Paris-Bourbon County Comprehensive Plan, the regulations contained within the City of Paris Zoning Ordinance, and these Cellular Antenna Tower Regulations;
2. Location of a cellular tower in an (R) Residential District, and historic property, the Central Business District, or near scenic highways is discouraged, and the placement of a cellular tower in any of these areas should be avoided.
3. Co-location of service facilities is preferred. Co-location objectives may be satisfied by configuration of new facilities for multiple carriers or by co-location on existing facilities. Any request for review of a proposal to construct such an antenna tower or to reconfigure, enlarge or reconstruct an existing antenna tower, shall be made only in accordance with these regulations.
4. However, if the property is subject to an existing Conditional Use Permit, the property owner shall obtain approval of the appropriate modification request. Such request shall be filed simultaneously with the uniform application. Review of the Conditional Use Permit plan shall be limited to a determination of the impact of the antenna tower for cellular telecommunications services or personal communications services construction on the requirements of the Conditional Use Permit. The property owner shall be responsible for making alternative provision for any alteration of Conditional Use Permit or shall obtain a variance or waiver of the Permit requirement affected by the location of the tower on the site.
J. Processing of application.
1. Applications for the construction of cellular antenna towers for cellular telecommunications services or personal communications services shall be processed as follows:
(a) At least one (1) public hearing on the proposal shall be held, at which hearing interested parties and citizens shall have the opportunity to be heard. Notice of the time and place of such hearing shall be published at least once, in a newspaper of general circulation in Bourbon County, provided that one (1) publication occurs not less than seven (7) calendar days or more than twenty-one (21) calendar days before the occurrence of such hearing.
(b) Notice of the proposal shall be posted on the site at least fourteen (14) days in advance of the hearing. Such notice shall consist of a written notice, of durable material at least two (2) feet by four (4) feet in size, stating that "[Name of applicant] proposes to construct a telecommunications tower on this site" and including the addresses and telephone numbers of the applicant and the Planning Commission. Notice of the proposal shall also be posted on the public road nearest the site. Such notice shall consist of a written notice, of durable material at least two (2) feet by four (4) feet in size, stating that "[Name of applicant] proposes to construct a telecommunications tower near this site" and including the addresses and telephone numbers of the applicant and the Planning Commission.
(c) Notice of the hearing shall be given at least fourteen (14) days in advance of the hearing, by certified mail, return receipt requested, to the owner of every parcel of property within five hundred (500) feet of the proposed tower or property contiguous to the site upon which the tower is proposed to be constructed. Said notice shall include a map of the location of the proposed construction, the telephone number and address of the Planning Commission, and shall inform the addressee of his or her right to participate in the Planning Commission's proceedings on the applications. 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 administer property commonly owned by the condominium or cooperative owners. A joint notice may be mailed to two or more co-owners of an adjoining property who are listed in the Property Valuations Administrator's records as having the same address.
(d) Upon holding such hearing, the Planning Commission shall, within sixty (60) days commencing from the date that the application is received by the Planning Commission, or within a date specified in a written agreement between the Planning Commission and the applicant, make its final decision to approve or disapprove the uniform application. If the Planning Commission fails to issue a final decision within sixty (60) days, and there is no written agreement between the Planning Commission and the utility to a specific date for the Planning Commission to issue a decision, it shall be presumed that the Planning Commission has approved the utility's uniform application.
(e) The Planning Commission Technical Review Committee will review the application, then forward their comments to the Commission. The evaluation will be based on the following criteria:
(1) The Planning Commission will deny a uniform application to construct a cellular antenna tower based on an applicant's unwillingness to attempt to co-locate additional transmitting or related equipment on any new existing towers.
(2) Agreement with the various elements of the Paris-Bourbon County Comprehensive Plan, and where applicable, any other adopted plans.
(3) Extent to which the proposal is consistent with the purposes of these regulations.
(4) Adequacy of the proposed site, considering such factors as the sufficiency of the site to comply with the established Design Standards listed in Section L. (Design standards) below, of these regulations.
(5) Extent to which the proposal responds to the impact of the proposed development on adjacent land uses, especially in terms of visual impact.
(6) Extent to which the proposed facility is integrated with existing structures, or the extent to which the proposed cellular antenna tower uses stealth technology.
(f) Upon approval of a cell tower application, a building permit must be obtained within five (5) years of Planning Commission approval of the site plan. From issuance of the building permit no more than two (2) extensions may be obtained. Otherwise, the plan shall be deemed as disapproved by the Commission and the applicant must reapply.
K. Amendments.
1. Any amendments to the site development plans, except for minor adjustments as determined by the Planning Commission, or its duly authorized representative, shall be made in accordance with the procedure required in Section L. (Design standards) below, subject to the same limitations and requirements as those under which such plans were originally approved.
L. Design standards.
1. At the time of application submittal, the applicant shall provide information demonstrating compliance with the following requirements: Where the Planning Commission, or its duly authorized representative, finds that circumstances or conditions relating to the particular application are such that one or more of the requirements listed below are not necessary or desirable for the protection of surrounding property or the public health, safety, and general welfare, and that such special conditions or circumstances make one or more of the said requirements unreasonable, the Planning Commission, or its duly authorized representative, may modify or waive such requirement, either permanently or on a temporary basis. Any such modification or waiver shall be requested by the applicant, and the applicant shall submit a written justification for each requested modification or waiver.
(a) The site configuration should be formed by logical boundaries (e.g., topography, natural features, streets, relationship of adjacent uses, and the like).
(b) A cellular antenna tower, or alternative antenna tower structure, may be constructed to a maximum height of two hundred (200) feet in business, industrial or agricultural districts, except where a tower is located adjacent to residential districts, historic properties or the Central Business District; then the maximum height shall be one hundred and twenty-five (125) feet, and shall consist of a monopole, stealth technology or co-location. Cellular tower are discouraged in residential districts, historic properties or the Central Business Districts, except for ones using stealth technology or co-location. The maximum height also applies to any tower taller than fifteen (15) feet constructed on the top of another building or structure, with the height being the overall height of the building/structure and tower together, measured from the grade to the highest point. The Planning Commission may allow antennas greater than two hundred (200) feet in height, upon review of the applicant's justification that the additional height meets all other criteria identified in these regulations.
(c) When any cellular antenna tower, or alternative antenna tower structure, is proposed, the applicant shall furnish the Planning Commission with a certification from an engineer, registered in the Commonwealth of Kentucky, that the tower will meet the current ANSI/EIA/TIS 222-F standards and other applicable state standards.
(d) Cellular antenna towers shall not be illuminated, except in accordance with other state or federal regulations.
(e) The site shall be enclosed by a security fence, which shall not be less than eight (8) feet in height and shall be made from a material appropriate to the adjacent land use. The use of barbed wire, or sharp pointed fences, shall be prohibited from the ground to a height of six (6) feet. Such fence may be located within the front, side or rear yard setbacks.
(f) In any district, whenever possible, all antenna towers shall be designed and constructed so as to minimize any potential negative aesthetic, environmental or visual impacts.
(g) Any site to be purchased, or leased, for the installation of the cellular antenna tower, or alternative antenna tower, and ancillary facilities, shall be at least five thousand (5,000) square feet in area.
(h) Surfacing of all driveways and off-street parking areas shall comply with the requirements of the City of Paris Zoning Ordinance.
(i) There shall be no signs permitted, except those displaying emergency information, owner contact information, warning or safety instructions, or signs which are required by a federal, state, or local agency. Such signs shall not exceed five (5) square feet in area.
(j) All new cellular antenna towers shall be designed and constructed to reasonably accommodate a minimum of three (3) service providers. This includes space on-site to accommodate the ground equipment for the three (3) additional providers.
(k) All option and site lease agreements shall not prohibit the possibility of co-location.
(l) Any monopole, guyed, lattice, or similar type cellular antenna tower and any alternative cellular antenna tower structure similar to these towers, such as light poles, shall be maintained in either galvanized steel finish or be painted light gray or light blue in color. Alternative sections of aviation orange and aviation white may be used ONLY when the FAA finds that none of the alternatives to such marking are acceptable.
(m) In residential districts, historic properties and the Central Business District, all antenna towers and related structures shall comply with the yard setbacks for that district, plus three (3) times the height of the towers.
(n) In agricultural districts, all antenna towers and related structures shall have a front yard setback of two hundred (200) feet, and adhere to all other yard setbacks for that district.
(o) In all (B) Business and (I) industrial (excluding historic properties and the Central Business District) all antenna towers and related structures shall have a front yard setback of one hundred, twenty-five (125) feet, plus adhere to the yard setbacks for that district. The tower should be located where it will have the lowest visual impact.
(p) All antenna towers and related structures, except fences, where adjacent to a residential district, historic district or the Central Business District; shall have a setback from the property line of a distance equal to the height of the antenna tower, plus the yard setbacks for that district (agricultural, business or industrial), and using the setbacks for "adjacent to residential district". Visual screening shall be required along the property line where the proposed site abuts a residential district, historic district or the Central Business District. Options for screening include, but are not limited to: fencing, plant material, or berms.
(q) All antenna towers and related structures, except fences, shall be located at least one thousand (1,000) feet from a scenic highway; or at a shorter distance if the topography will visually screen the tower.
M. Existing telecommunications facilities.
1. Telecommunications facilities in existence on the date of the adoption of this ordinance, or any amendment thereto, which do not comply with this ordinance, or any amendment thereto, ("existing telecommunications facilities") are subject to the following provisions:
(a) Existing telecommunications facilities may continue in use for the purpose now used, but may not be expanded or replaced without complying with this ordinance, except as further provided in this section.
(b) Existing telecommunications facilities which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location and physical dimensions subject to obtaining a building permit therefore, but without otherwise complying with this ordinance.
(c) The owner of any existing telecommunication facility may replace, repair, rebuild and/or expand such telecommunications facility to accommodate co-located antennas or facilities, or to upgrade the facilities current engineering, technological or communications standards by obtaining a building permit therefore, and without having to conform to the provisions of this ordinance (including, but not limited to, provisions of this ordinance regarding notice to local zoning authorities or posting of signs) or to otherwise request local zoning approval, so long as such facilities are not increased in height by more than 20% and/or setbacks are not changed.
(d) Any such replacement, repair, reconstruction or enlargement shall not violate the design standards described in Section L. (Design standards) above beyond that existing at the date of the adoption of this ordinance.
(e) Any legally permitted and constructed telecommunications tower shall be exempt from these regulations; except when discontinued for a period of twelve (12) months. In such cases, the applicant or utility shall be required to follow the procedures listed herein.
N. Maintenance removal.
1. Any contract with an owner of property upon which a cellular antenna tower is to be constructed, shall include a provision that specifies, in the case of abandonment, a method that the utility will follow in dismantling and removing a cellular antenna tower including a timetable for removal.
2. To insure removal of all improvements at any abandoned telecommunications facility, any applicant filing a request under these regulations shall, at the time of submittal, deposit with the Planning Commission, and to the benefit of the Planning Commission, a letter of credit, a performance bond, or other security acceptable to the Planning Commission in the amount equal to the cost of demolition and removal of the facility. An applicant having multiple telecommunications facilities within the Planning Commission's jurisdiction may deposit a single guarantee in the amount equal to the cost of demolition and removal of the one facility it owns which would cost the most to demolish and remove until such time as the number of its multiple facilities exceeds four (4) such facilities. At such time as the approved number of the applicant's multiple facilities exceeds four (4) such facilities, the applicant shall increase the amount on deposit to an amount equal to the cost of the most costly demolition and removal plus twenty-five (25) percent of the cost of demolition and removal of the applicant's other existing facilities. Any guarantee submitted shall be irrevocable and shall provide for the Planning Commission to collect the full amount of the guarantee if the applicant fails to maintain the guarantee.
3. If the use of any cellular antenna or cellular antenna tower or alternative cellular antenna tower structure is discontinued, the owner shall provide the Planning Commission with a copy of the notice to the FCC of intent to cease operations within thirty (30) days of such notice to the FCC. If the cellular antenna or cellular antenna tower or alternative cellular antenna tower structure will not be reused, the owner shall have one-hundred, eighty (180) days from submittal of the FCC notice to the Planning Commission to obtain a demolition permit and remove the antenna or tower that will not be reused. If the cellular antenna or cellular antenna tower or alternative cellular antenna tower is to be reused, the owner shall have no more than twelve (12) months from submittal of the FCC notice to the Planning Commission in which to commence new operation of the antenna or tower to be reused. Upon failure to commence new operation of the antenna or tower to be reused within twelve (12) months, the cellular antenna or cellular antenna tower or alternative cellular antenna tower structure shall be presumed abandoned, and the owner shall obtain with ninety (90) days of the expiration of the twelve (12) month period, a demolition permit and remove the antenna or tower that is presumed abandoned with sixty (60) days of obtaining the demolition permit. If the owner fails to remove an antenna or tower in the time provided by this paragraph, the Planning Commission may, on grounds of public safety, health, and welfare, cause the demolition and removal of the antenna or tower and recover its costs of demolition and removal.
O. Severability.
1. That if any clause, section, or other part of this ordinance shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of the ordinance shall not be affected thereby, but shall remain in full force and effect.
(Ord. 2003-18, passed 11-11-03; Am. Ord. 2007-25, passed 11-11-08; Am. Ord. 2014-12, passed 7-15-14; Am. Ord. 2017-6, passed 6-27-17)
ARTICLE IV. ADMINISTRATION
A. Appointment.
1. An administrative official shall be designated by the legislative body to administer and endorse this regulation and such other housing and building regulations as may be adopted. He or she may be provided with the assistance of such other persons as the legislative body may direct.
B. Powers and duties.
1. The administrative official shall issue building permits and certificates of zoning compliance (Certificate of Occupancy) in accordance with the terms on this regulation, but may not have the power to permit any construction, or to permit any use or any change of use which does not conform to the literal terms of the zoning regulation.
2. If the administrative official shall find that any of the provisions of this regulation are being violated, he or she shall notify, in writing, the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He or she shall order discontinuance of illegal work being done; or shall take any other action authorized by this regulation to ensure compliance with or to prevent violation of its provisions.
C. Certificates of zoning compliance for new, altered or non-conforming uses and/or structures.
1. It shall be unlawful to use, occupy, or permit the use or occupancy, of any building and/or premises, or part hereof, which has been erected, converted, altered or enlarged in its use of structure, until a certificate of zoning compliance (Certificate of Occupancy) has been issued by the administrative official.
2. Non-conforming lots, structures or uses which exist at the time of adoption of this ordinance are regulated by Section 80.206 (Non-Conforming Uses, Structure and Lots), and must be in accordance with same, prior to any certificate of zoning compliance (Certificate of Occupancy) being issued by the administrative official.
3. A temporary certificate of zoning compliance may be issued by the administrative official for a period not exceeding six (6) months (renewable by the administrative official for unavoidable delays) during alterations or partial occupancy of the building pending its completion, provided that such temporary certificate may require such conditions and safeguards as will protect the safety of the occupants and the public.
4. The administrative official shall maintain a record of all certificates of zoning compliance (Certificate of Occupancy), and will respond within 3 days as required in KRS 61.872(5), to any person who submits a specific Request for Public Information.
5. Failure to obtain a certificate of zoning compliance (Certificate of Occupancy) required by the terms of this regulation shall be a violation of such regulation and punishable under Section 80.303 of these regulations.
D. Construction and use to be as indicated in applications, plans, permits, and certificates of zoning compliance.
1. Certificates of zoning compliance issued on the basis of plans and applications approved by the administrative official authorize only the use, arrangement, and construction as set forth in such approved plan and applications. Any other use, arrangement, or construction at variance with that authorized shall be deemed a violation of this regulation and punishable as provided by Section 80.303 (Penalties for violation) hereof.
(Am. Ord. 2014-12, passed 7-15-14)
A. Creation and procedure.
1. A Joint Board of Adjustment having jurisdiction over the City of Paris, city of North Middletown and unincorporated area of Bourbon County, is hereby established to include the City of North Middletown, City of Paris, and unincorporated County, which shall consist of five (5) members two (2) appointed by the Mayor of the City of Paris and approved by the Paris City Commission, one (1) appointed by the Mayor of the City of North Middletown and approved by the North Middletown City Commission, and two (2) appointed by the Bourbon County Judge-Executive and approved by the Fiscal Court. All members shall be citizen members appointed by the legislative body, each for a period of four (4) years, and members of the Board may be removed from office by the legislative body for cause upon written charges and after public hearing. Vacancies shall be filled by the legislative body for the unexpired term of the member affected. To be eligible for appointment to the Board, a citizen must be (1) age twenty-five (25) or older; (2) a high school graduate or equivalent; (3) a City of Paris property owner; (4) registered voter and (5) a current resident of the City of Paris for one (1) year or more. The term of office of the initial members shall be staggered as provided for in the Interlocal Agreement and in KRS 100.217(4).
2. Meeting of Board; quorum; minutes; bylaws.
(a) The Board shall conduct meetings at the call of the chairperson, who shall give written or oral notice to all members of the Board at least seven (7) days prior to the meeting; which notice shall contain the date, time and place for the meeting, and the subject or subjects which will be discussed.
(b) A simple majority of the total membership of the Board as established by regulation or agreement shall constitute a quorum. Any member of the Board who has any direct or indirect financial interest in the outcome of any question before the body shall disclose the nature of the interest and shall disqualify himself or herself from voting on the question.
(c) The Board may adopt bylaws for the transaction of business and shall keep minutes and records of all proceedings, including regulations, transactions, findings, determinations, the number of votes for and against each question, and if any member is absent or abstains from voting indicating the fact. All of the aforementioned minutes and records shall, immediately after adoption, be filed in the Bourbon County Joint Planning Office. A transcript of the minutes of the Board shall be provided if requested by a party, at the expense of the requesting party, and the transcript shall constitute the record.
3. Appeals to the Board.
(a) Procedure for all appeals to Board. Appeals to the Board may be taken by any person, or entity claiming to be injuriously affected or aggrieved by an official action, order, requirement, interpretation, grant, refusal, or decision of any zoning enforcement officer. Such appeal shall be taken in accordance with the procedures and time limitations set forth in KRS 100.261, as amended.
(b) Public notice of appeal hearing. The Board shall fix a reasonable time for hearing the appeal and give public notice in accordance with KRS Ch. 424, as well as written notice to the appellant and the administrative official, at least one (1) week prior to the hearing, and shall decide it within sixty (60) days. The affected party may appear at the hearing in person or by attorney.
(c) Stay of proceeding. An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative official from whom the appeal is taken certifies to the Board after the notice of appeal is filed with him or her, that the reason of facts stated in the certificate, a stay would, in his or her opinion, cause eminent peril to life or property. In such case, proceedings shall not be stayed except by a restraining order which may be granted by the Board or by a court of record of application, and no notice to the administrative official from whom the appeal is taken and on due cause shown.
B. Powers and duties of the Board.
(1) Conditional use permits.
(a) The Board shall have the power to hear and decide applications for conditional use permits in accordance with KRS 100.237, as amended. The Board 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 in the zoning regulations as permissible only in specific locations in the district or only if certain conditions are met.
(b) Notice of the hearing shall be posted conspicuously on the property which is considered for the conditional use permit. Signage shall be posted for fourteen (14) consecutive days immediately prior to the hearing. Posting shall be as follows: The sign shall state "conditional use permit" and the proposed use in letters three (3) inches in height. The time, place, and date of hearing shall be in letters at least one (1) inch in height. The sign shall be constructed of durable material and shall state the telephone number of the Bourbon County Joint Planning Office. It shall be the responsibility of the applicant to post the sign, provided by the Planning Office conspicuously on the property. The administrator shall verify to the Board at the hearing that placement occurred. The Planning Office shall provide the required signage for use by the property owner. Signage shall be returned no later than five (5) days after the public hearing.
(2) Dimensional variance.
(a) The Board shall have the power to hear and decide applications for variances.
(b) Notice of the hearing shall be given at least seven (7) days in advance of the hearing by first class mail, with certification by the Board administrator that the notice was mailed to an owner of every parcel of property adjoining the property and the proposed variance request.
(c) Notice of the hearing shall be posted conspicuously on the property which is considered for the dimensional variance. Signage shall be posted for seven (7) consecutive days immediately prior to the hearing. Posting shall be as follows: The sign shall state "Variance Request" in letters three (3) inches in height. The time, place, and date of hearing shall be in letters at least one (1) inch in height. The sign shall be constructed of durable material and shall state the telephone number of the Bourbon County Joint Planning Office. It shall be the responsibility of the applicant to post the sign, provided by the Planning Office conspicuously on the property. The administrator shall verify to the Board at the hearing that placement occurred. The Planning Office shall provide the required signage for use by the property owner. Signage shall be returned no later than five (5) days after the public hearing.
(d) When a proposed development requires one (1) or more variances, the Planning Commission may hear and finally decide applications for variances at the same hearing. The applicant for a development, at the time of the filing of the application for the development, may elect in writing to the administrative official to have any variances for the same development to be heard and finally decided by the Planning Commission at the same public hearing set for the development.
(3) Administrative review. The Board shall have the power to hear and decide cases where it is alleged by an applicant that there is error in any order, requirement, decision, grant, or refusal made by an administrative official in the enforcement of the zoning regulations, under the procedure set out in Section 80.301.A(3).
(4) Lot of record. On application for a lot of record, the Board shall grant only such variances as close as possible to the requirements of the district to not deprive the owner of the reasonable use of the property.
C. Compensation. The members of the Board of Adjustment shall be paid a salary of seventy-five ($75.00) dollars per meeting that is attended.
(Am. Ord. 14-84, Section I, passed 5-29-84; Am. Ord. 18-87, passed 6-23-87; Am. Ord. 36-88, passed 8-9-88; Am. Ord. 2014-12, passed 7-15-14; Am. Ord. 2019-7, passed 8-13-2019)
Any person or entity who violates any of the provisions of KRS 100.201 to 100.347 or any of these regulations for which no other penalty is provided, shall, upon conviction, be fined not less than ten dollars ($10) but no more than five hundred ($500) dollars for each conviction. Each day of violation shall constitute a separate offense.
(Am. Ord. 2014-12, passed 7-15-14)
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