(A)   General. A Zoning Administrator and/or his or her designee (official or officials appointed by the city for carrying out the provisions and enforcement of this ordinance) shall administer and enforce this ordinance. He or she may be provided with assistance of such other persons as the city directs. Additionally, the Planning Commission may appoint Enforcement Officers pursuant to KRS 100.991(4) and 100.991(5) who shall have authority to issue citations for violations of this ordinance which the officer has observed, but shall not have powers of peace officers to make arrests or carry deadly weapons.

   (B)   Violations.

      (1)   If the Zoning Administrator finds that any of the provisions of this ordinance are being violated, he or she shall take such action as is permitted by law.

      (2)   In addition to foregoing, the Zoning Administrator shall have the authority to order discontinuance of illegal use of land, buildings, structures, signs, fences or additions, alterations or structural changes thereto and; discontinuance of any illegal work being done.

      (3)   All questions of interpretation and enforcement shall first be presented to the Zoning Administrator, and that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the Zoning Administrator, and that recourse from the decisions of the Board of Adjustment shall be to the courts as provided by the state statutes.

      (4)   It shall be illegal for any persons or entity to interfere with the Zoning Administrator’s performance of his or her duties, as defined herein.

      (5)   The procedure for citations issued by an enforcement officer appointed by the Planning Commission shall be as provided in KRS 431.015.

   Zoning permits shall be issued in accordance with the following provisions.

   (A)   Zoning permit required. No public or private building or other structure shall be erected, moved, added to, structurally altered or changed from one permitted use to another, nor shall any grading take place on any lot or parcel of ground without a permit issued by the Zoning Administrator. No zoning permit shall be issued, except in conformity with the provisions of this ordinance, except after written orders from the Board of Adjustment.

   (B)   Application for zoning permits. All applications for zoning permits shall be accompanied by:

      (1)   A complete application form provided by the Zoning Administrator (in triplicate - see Appendix “A”);

      (2)   The required fee for a zoning permit;

      (3)   A site plan if required by this ordinance;

      (4)   A plot plan in triplicate drawn at a scale of not less than one inch to 100 feet, showing the following information as required by this ordinance:

         (a)   All property lines, shape and exact dimensions of the lot(s) to be built upon;

         (b)   Total lot area in square feet;

         (c)   Lot width at minimum building setback line;

         (d)   Minimum front and rear yard depths and side yard widths;

         (e)   The location of every existing and proposed structure with:

            1.   The number of floors and gross floor area;

            2.   The use and/or uses to be contained therein;

            3.   The number of structures including dimensions and maximum height; and

            4.   The number of units per dwelling, size and type of dwelling units.

         (f)   Existing topography with a maximum of five-foot contour intervals. Where existing ground is on a slope of less than 2%, either one-foot contours or spot elevations not more than 50 feet apart shall be required;

         (g)   The proposed finish grade of the development area shown by contours with intervals not larger than five feet supplemented where necessary by spot elevations;

         (h)   All common open space areas, including accurate lot dimensions and the location and arrangement of all recreational facilities;

         (i)   Identification, location, type and height of all wall(s), fence(s) and planting areas;

         (j)   Provisions for control of erosion, hillside slippage and sedimentation:

            1.   Identifying the temporary control practices, location and measures which will be implemented during all phases of clearing, grading, construction, utilities installation and site clean up; and

            2.   Identifying the permanent control practices, location and measures which will be implemented during all phases of clearing, grading, construction, utilities installation and site clean up.

         (k)   Location, size, height, class and orientation of all signs;

         (l)   All utility lines and easements:

            1.   Water distribution systems including line sizes, width of easements, type of pipe, location of hydrants and valves and other appurtenances;

            2.   Sanitary sewer system, including pipe sizes, width of easements, gradients, type of pipes, invert elevations, location and type of manholes, the location, type, size of all lift or pumping stations capacity, and process of any necessary treatment facilities and other appurtenances;

            3.   Storm sewer and natural drainage system, including pipe and culvert sizes, gradients, location of open drainage courses, width of easements, location and size of inlets and catch basins, location and size of retention and/or sedimentation basins, and data indicating the quantity of storm water entering the subject property naturally from areas outside the property, the quantity of flow at each pickup point (inlet) the quantity of storm water to be discharged at various points to areas outside the subject property; and

            4.   Other utilities (e.g., electric, telephone and the like) including the type of service and the width of easements.

         (m)   Location of all off-street parking, loading and/or unloading, and driveway areas, including typical cross-sections, the type of surfacing, dimensions and number and arrangement of off-street parking and loading and/or unloading spaces;

         (n)   Circulation system:

            1.   Pedestrian walkways, including alignment, grades, type of surfacing and width; and

            2.   Streets, including alignment, grades, type of surfacing, width of pavement and right-of-way, geometric details and typical cross-sections.

         (o)   A project development schedule, 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; and

            4.   Non-residential buildings and uses, in order of priority.

         (p)   Any such other information as may be required by the Zoning Administrator to determine conformance with and provide for enforcement of this ordinance and state statues of the commonwealth.

      (5)   The information required by divisions (B)(4)(a) through (B)(4)(m) above may be combined in any suitable and convenient manner so long as the data required is clearly indicated.

   (C)   Issuance of zoning permit.

      (1)   The Zoning Administrator shall either approve or disapprove the application (when required by this ordinance (e.g., development plan required) the Planning Commission, or its duly authorized representative, approval or disapproval shall also be required). If disapproved, two copies of the submitted plans shall be returned to the applicant marked “disapproved” and shall indicate the reasons for such disapproval thereon. Such disapproval shall be attested by the Zoning Administrator’s signature. The other copy, similarly marked, shall be retained by the Zoning Administrator.

      (2)   If approved, two copies of the submitted plans shall be returned to the applicant, marked “approved”. Such approval shall be attested by the Zoning Administrator’s signature. The other copy, similarly marked, shall be retained by the Zoning Administrator. The Zoning Administrator shall also issue a zoning permit to the applicant at this time and shall retain a duplicate copy for his or her records.

   (D)   Failure to comply. Failure to obtain a zoning permit shall be a violation of this ordinance and punishable under § 13.9 of this ordinance.

   (E)   Expiration of zoning permit. If a building permit, as required herein, has not been obtained within 90 consecutive calendar days from the date of issuance of the zoning permit, said zoning permit shall expire and be canceled by the Zoning Administrator and a building permit shall not be obtainable until a new zoning permit has been obtained.

   Building permits shall be issued in accordance with the following provisions.

   (A)   Building permits required. No public or private building or other structure shall be erected, moved, added to or structurally altered without a permit issued by the Building Inspector. No building permit shall be issued, except in conformity with the provisions of this ordinance, except after written orders from the Board of Adjustment.

   (B)   Application for building permits. All applications for building permits shall be accompanied by:

      (1)   A complete application form provided by the Building Inspector;

      (2)   An approved zoning permit;

      (3)   The required fee for a building permit;

      (4)   A site plan, if required by this ordinance; or

      (5)   Plans in duplicate approved by the Zoning Administrator and including any additional information required by the Building Code and/or Building Inspector, as may be necessary to determine conformance with and provide for the enforcement of the Building Code and the state statutes of the commonwealth.

   (C)   Issuance of building permit.

      (1)   The Building Inspector shall either approve or disapprove the application. If disapproved, one copy of the submitted plans shall be returned to the applicant marked “disapproved” and shall indicate the reasons for such disapproval thereon. Such disapproval shall be attested by the Building Inspector’s signature. The second copy, similarly marked, shall be retained by the Building Inspector.

      (2)   If approved, one copy of the submitted plans shall be returned to the applicant marked “approved”. Such approval shall be attested by the Building Inspector’s signature. The second copy, similarly marked, shall be retained by the Building Inspector. The Building Inspector shall also issue a building permit to the applicant at this time and shall retain a duplicate copy for his or her records.

   (D)   Compliance. It shall be unlawful to issue a building permit or occupancy permit, to build, create, erect, change, alter, convert or occupy any building or structure hereafter, unless a zoning permit has been issued in compliance with this ordinance.

   (E)   Building permits issued prior to the adoption of this ordinance. Building permits issued in conformance with the Building Code of the city prior to the date of adoption of this ordinance, whether consistent or inconsistent with this ordinance, shall be valid for a period of 180 consecutive calendar days from the time of issuance of the permit. If construction in connection with such a permit has not been started within such a 180 consecutive calendar day period, the permit shall be void and a new permit, consistent with all provisions of this ordinance and the Building Code, shall be required. For purposes of this section, construction shall be deemed to have been started at the time of completion of the foundation.

   (F)   Expiration of building permit.

      (1)   If the work described in any building permit has not begun within 180 consecutive calendar days from the date of issuance thereof, said permit shall expire and be canceled by the Building Inspector, and no construction shall be permitted until a new permit has been obtained.

      (2)   For the purposes of this section, construction shall be deemed to have been started at the time of completion of the foundation. If after the work described in the building permit has been started, the building permit shall expire after a period of 18 months; providing that, a six-month extension may be permitted if sufficient proof can be demonstrated why the work described in the building permit was not completed as herein specified.

   (G)   Construction and use. To be as provided in application, plans, permits, zoning permits and building permits issued on the basis of plans and applications approved by the Zoning Administrator and/or Building Inspector authorized only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement or construction at variance with that authorized shall be deemed in violation of this ordinance and punishable as provided by § 13.9 of this ordinance.

   It shall be unlawful for an owner to use or permit the use of any building or premises or part thereof, hereafter created, changed, converted or enlarged, wholly or partly, until a certificate of occupancy, which shall be a part of the building permit, shall have been issued by the Building Inspector. Such certificate shall show that such building or premises or part thereof and the proposed use thereof are in conformity with the provisions of this ordinance. It shall be the duty of the Building Inspector to issue a certificate of occupancy; provided that, he or she has checked and is satisfied that the building and the proposed use thereof conform with all the requirements of this ordinance and the Building Code. No permit for excavation or construction shall be issued by the Building Inspector before he or she is satisfied that the plans, specifications and intended use conform to the provisions of this ordinance.

   Upon written request from the fee owner, the Building Inspector shall issue a certificate of occupancy for any building or premises existing at the time of enactment of this ordinance, certifying, after inspection, the extent and kind of use made of the building or premises, and whether such use conforms with the provisions of this ordinance.

   (A)   A certificate of occupancy shall be required of all lawful non-conforming uses of land or buildings created by this ordinance. A fee shall be charged for said certificate.

   (B)   Applications for such certificates of occupancy for nonconforming uses of land and buildings shall be filed with the Building Inspector by the owner or lessee of the land or building occupied by such non-conforming uses within six consecutive calendar months of the effective date of this ordinance. Failure to apply for such a certificate of occupancy will place upon the owner and lessee the entire burden of proof that such use of land or buildings lawfully existed on the effective date of this ordinance.

   (C)   It shall be the duty of the Building Inspector to issue a certificate of occupancy for lawful non-conforming uses upon application and such certificate shall identify the intent to which the non- conforming uses exist at the time of issuance of such certificate.

   Except as herein stated, a certificate of occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this ordinance and to plans for which the building permit was issued.

   A record of all certificates of occupancy shall be kept on file in the office of the Building Inspector, and copies shall be furnished on request to any person having a proprietary building affected by such certificate of occupancy.

   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 bases 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.

   Any person or entity who violates any of the provisions of this ordinance shall, upon conviction, be fined in accordance with § 13.15 of this ordinance. Each day of violation shall constitute a separate offense.

   It is the intent of this ordinance that:

   (A)   Where investigation(s) can be made by the Zoning Administrator or other designated city employee(s), 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, non-availability 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 or she 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 in Article 11 of this ordinance or other such standards as specified throughout the zoning ordinance, the following procedures shall be followed.

   (A)   (1)   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 30 consecutive calendar days of receipt of such notification.

      (2)   However, the following alleged violations shall require an answer or correction of the alleged violations to the satisfaction of the Zoning Administrator within five consecutive calendar days from the receipt of such notification by the Zoning Administrator:

         (a)   Banners and temporary signs (§ 9.0 of this ordinance);

         (b)   Parking on off-street unpaved surfaces (§ 5.0 of this ordinance);

         (c)   Parking or storing of trailers, mobile homes, campers, inoperable vehicles and other such type equipment, operable or inoperable (§ 5.0 of this ordinance); and

         (d)   Erosion and sediment control (§ 3.7 of this ordinance).

      (3)   The notice shall state that failure to reply or to correct the alleged violation to the satisfaction of the Zoning Administrator within 30 consecutive calendar days of receipt of said notice constitutes admission of violation of the terms of this ordinance.

   (B)   The notice shall further state that, upon request of those to whom said notice is directed, a technical investigation will be made by a qualified expert or experts and that, if violations as alleged are found, costs of such investigations shall be charged against those responsible for the violations, in addition to such other penalties as may be appropriate, but if it is determined that no violation exists, the cost of the investigation will be paid by the city.

   (C)   If there is no reply within 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 or she shall note “violation corrected” on his or her copy of the notice, and shall retain it among his or her official records, taking such other action as may he or she warranted.

   (D)   If there is no reply within 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 or she shall proceed to take or cause to be taken such action as is warranted by continuation of a violation after notice to cease in accordance with KRS 100.337 or may refer the case to the city’s Code Enforcement Board in accordance with §§ 13.14 and 13.15 of this ordinance.

   (E)   If there is no reply within 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, but requesting additional time, the Zoning Administrator may grant a reasonable extension of time if he or she deems it warranted under the particular circumstances of the case and if the extension will not, in his or her opinion, cause imminent peril to life, health or property.

   (F)   (1)   If there is no reply within 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 experts to investigate and determine whether the violation exists or may advise the person or persons responsible for the alleged violation that he, she or they may retain qualified experts, at his, her or their own expense, to investigate and determine whether the violations exist.

      (2)   The findings of the experts, if any, shall be submitted to the Zoning Administrator to determine, in his or her opinion, whether there are violations based upon the findings presented to him or her. 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 terms of § 13.9 of this ordinance.

      (3)   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.

   (G)   (1)   If there is no reply within 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 violations exist.

      (2)   If expert findings indicate violations of the 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 § 13.9 of this ordinance.

      (3)   If no violation is found, the costs of the investigations shall be paid by the city without assessment against the properties or persons involved.

   For the purpose of this ordinance, the city’s Planning Commission shall have the following duties:

   (A)   Initiate proposed amendments to this ordinance and make recommendations to the City Council as specified in Article 14 of this ordinance;

   (B)   Hold public hearings as required by this ordinance and KRS Chapter 100;

   (C)   Review and approve or deny development applications required by this ordinance;

   (D)   Administer the city’s subdivision regulations as they apply to this ordinance;

   (E)   Establish a schedule of fees, charges and expense;

   (F)   Delegate any tasks as specified in this ordinance relative to its administration; and

   (G)   Perform any task and follow any procedure, including those pertaining to committees of the Planning Commission that is specified in or provided for through the Commission’s adopted bylaws.

   For the purpose of this ordinance, the city’s Board of Adjustment shall have the following duties in accordance with Article 15 of this ordinance:

   (A)   To hear and decide appeals where it is alleged there is an error in any order, requirements, decision, interpretation, grant or refusal made by the Zoning Administrator;

   (B)   To authorize such variances from the terms of this ordinance as will not adversely affect the public health, safety or welfare, will not alter the essential character of the general vicinity, will not cause a hazard or nuisance to the public, and will not allow an unreasonable circumvention of the requirements of the zoning regulations;

   (C)   To grant conditional use permits as specified in this zoning ordinance, with such additional safeguards as will uphold the intent of this order; and

   (D)   To hear and decide applications to convert or change an existing non-conforming use to another non-conforming use.

   For the purpose of this ordinance, the city’s Code Enforcement Board shall have the following duties:

   (A)   Conduct hearings to determine whether there has been a violation of the zoning ordinance;

   (B)   Subpoena and take testimony under oath from alleged violators, witnesses, and evidence to its hearings. Subpoenas issued may be served by any code enforcement officer; and

   (C)   Issue remedial orders and impose civil fines in order to provide an equitable, expeditious, effective and inexpensive method of ensuring compliance with this ordinance.

   Any violation of a provision of this ordinance is hereby classified as a civil offense pursuant to KRS 65.8808 and city Ord. 5-99 and 20-99, and such classification is intended, and shall be construed, to provide an additional or supplemental means of obtaining compliance with this ordinance, and nothing contained herein, or in Ord. 5-99, shall prohibit the enforcement of this ordinance by any other means authorized by law, specifically, without limitation, the provisions of §§ 13.9, 13.10 and 13.11 of this ordinance or KRS 100.991.

   (A)   If a citation for a violation of this ordinance is not contested by the person charged with the violation, the civil fine to be imposed for each offense shall be $75 for the first offense, $150 for the second offense and $250 for the third, and thereafter, offense.

   (B)   If a citation is contested and a hearing before the Code Enforcement Board is required, the maximum civil fine which may be imposed at the discretion of the Board shall be from $20 to $200 for the first offense; from $60 to $600 for the second offense; and from $180 to $1,800 for the third, and thereafter, offense.

   (C)   Each section of this ordinance violated shall be considered a separate fineable offense. If two or more sections of this ordinance are violated, the fines shall be cumulative and be enforced under the same citation. Each day a violation exists shall be considered a separate offense without issuance of a separate citation.

   (A)   Land use restrictions adopted or imposed by the Planning Commission, Board of Adjustment, Code Enforcement Board, legislative body or fiscal court upon property within the city shall be filed in the form of a certificate of land use restriction with the Campbell County Clerk’s office as described in KRS 100.3681 through 100.3684.

   (B)   Filing shall occur within 30 days of the date upon which the body takes final action to impose or adopt the restriction. The certificates shall be completed by the Secretary of the Planning Commission and be in the form designated in KRS 100.3683. The County Clerk shall index the certificates by property owner and, if applicable, name of subdivision or development. The city’s Planning Commission will maintain the files of conditions or restrictions that require certificates. When all conditions or restrictions have been complied with or a restriction reflected on the certificate is amended (which requires a new certificate) the previous certificate shall be released by the administrative official in the same manner as releases of encumbrances upon real estate. Certificates of land use restrictions shall be filed in the Campbell County Clerk’s office for the following reviews: zoning map amendments; development plans; unrecorded subdivision plats; variances; conditional use permits; and conditional zoning conditions.

   When a city has adopted zoning or other land regulations pursuant to KRS Chapter 100 and proposes to annex new territory, it may amend its comprehensive plan or official zoning map to incorporate and establish zoning or other land use regulations. If the city elects to follow this procedure, the Planning Commission shall hold a public hearing, after the adoption of the ordinance stating the city’s intent to annex and prior to final action upon the ordinance or annexation, for the purpose of adopting the comprehensive plan amendment and making its recommendations as to the zoning or other land use regulations that will be effective for the property upon its annexation. Notice setting forth the time, date, location and purpose of the public hearing shall be published as required by KRS Chapter 424 and shall be given to the owners of all properties within the area proposed for annexation and to adjoining property owners in accordance with KRS 100.212(2). The city legislative body shall take final action upon the Planning Commission’s recommendation prior to the adoption of the ordinance of annexation and shall include in the ordinance of annexation a map showing the zoning or other land use regulations which will be effective for the annexed property. If the city elects not to follow the procedure provided for in this section prior to the adoption of the ordinance of annexation, the newly annexed territory shall remain subject to the same land use restrictions, if any, as applied to it prior to annexation until those restrictions are changed by zoning map amendments.