This chapter shall be known as the Zoning Ordinance of the City of Cadiz, Kentucky. The map herein referred to, which is identified by the title, Zoning Map of Cadiz, Kentucky, dated July 11, 1989, and all explanatory matter thereon are hereby adopted and made a part of this chapter.

(Ord. 722, passed 7-11-89)

   The zoning regulations and districts as herein set forth have been made in accordance with a comprehensive plan for the purpose of promoting the public health, safety, morals, and convenience, order, prosperity, and the general welfare of the community. They have been designed to lessen congestion in the streets, to secure safety from fire, flood, panic and other dangers, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, as to the character of each district and its peculiar suitability for particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the city.

(Ord. 722, passed 7-11-89)

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ACCESSORY BUILDING. A subordinate building, the use of which is incidental to that of a principal building on the same lot.

   ALLEY. Any public or private way set aside for public travel less than 20 feet in width.

   BUILDING. Any structure constructed or intended for residence, business, industry, for either public or private purposes, or accessory thereto, and including tents, lunch wagons, dining cars, house trailers, billboards, signs and similar structures whether stationary or movable.

   CENTER LINE OF A STREET. The center of the surveyed street right-of-way.

   DOUBLE-WIDE OR TRIPLE-WIDE MOBILE HOME. A mobile home consisting respectively of two or three sections combined horizontally at the site to form a single dwelling, while still retaining their individual chassis for possible future movement.

   DWELLING. A house, apartment building, or other building designed or used primarily for human habitation. The word DWELLING shall not include boarding or rooming houses, hotels, motels, or other structures designed for transient residence.

   DWELLING UNIT. A dwelling or portion thereof providing living accommodations for one family and including at least one kitchen.

   FAMILY. One or more persons occupying premises and living as a single non-profit housekeeping unit.

   HEIGHT OF BUILDING. The vertical distance from the established average sidewalk grade or street grade, or finished grade at the building line, whichever is the highest, to the highest point of the building.

   LOT. A piece, parcel, or plot of land occupied by, or to be occupied by, one principal building and its accessory buildings and including the open spaces required under this chapter.

   LOT OF RECORD. Any lot which is duly recorded and on file at the time of enactment of this chapter in the office of the County Clerk.

   MOBILE HOME. A transportable structure, which exceeds either eight body feet in width or 32 in length, built on a chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities.

   MOBILE HOME PARK. A tract of land prepared and approved according to the procedures in this chapter to accommodate ten or more mobile homes.

   NONCONFORMING USE. A use of a building or land lawful at the time of the enactment of this chapter that does not conform with the permitted use provisions of this chapter for the district in which it is located.

   PRINCIPAL BUILDING. A building including covered porches and paved patios, in which is conducted the principal use of the lot on which it is situated. In any residence district any dwelling shall be deemed to be the principal building on the lot on which the same is situated.

   STREET. Any public or private way set aside for public travel that is 20 feet or more in width. The word STREET shall include the words "ROAD", "HIGHWAY" and "THOROUGHFARE."

   TOTAL FLOOR AREA. The area of all floors of a building, including finished attics, finished basements, paved patios and covered porches.

   TRAVEL TRAILER. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight feet.

   USE. The purpose or activity for which a building, structure or land is occupied or maintained.

   YARD. An open space on the same lot with a principal building, open unoccupied and unobstructed by buildings from the ground to the sky except as otherwise provided in this chapter.

      (1)   FRONT YARD. The yard extending across the entire width of the lot between the front lot line and the nearest part of the principal building.

      (2)   REAR YARD. The yard extending across the entire width of the lot between the rear lot line and the nearest part of the principal building.

      (3)   SIDE YARD. A yard extending along the side lot line from the front yard to the rear yard and lying between the side lot line and the nearest part of the principal building.

(Ord. 722, passed 7-11-89)

   No building or land shall hereafter be used and no building or part thereof shall be erected, moved, or altered unless for a use expressly permitted by and in conformity with the regulations herein specified for the district in which it is located, except as hereinafter provided.

(Ord. 722, passed 7-11-89)

   Any use of land or structure existing at the time of enactment or subsequent amendment of this chapter, but not in conformity with its provisions, may be continued with the following limitations:

   (A)   Structures containing a nonconforming use shall not expand to add usable floor space except for the purposes of a like business and only within the limits of the recorded lot and structure now occupied.

   (B)   Structures containing a nonconforming use which are damaged or destroyed shall not rebuild except for the same business and/or in accordance with that provided in division (C) below of this section.

   (C)   No nonconforming use may be reestablished after it has been discontinued for one year. Vacating of premises or building or non-operative status shall be evidence of a discontinued use.

   (D)   One nonconforming use may replace another nonconforming use provided the Board of Zoning Adjustment determines that the proposed new use is decidedly less detrimental to the district than the existing nonconforming use.

   (E)   All nonconforming signs, billboards, junk yards, lumber yards and similar uses of open land not involving a substantial investment in permanent buildings shall be town down, altered or otherwise made to conform within five years from the date of the adoption of this chapter.

(Ord. 722, passed 7-11-89)

   In case of conflict between this chapter and/or any part thereof, and the whole or part of any existing or future ordinance of the city, or the whole or part of any existing or future private covenants and deeds, the most restrictive in each case shall apply.

(Ord. 722, passed 7-11-89)