General regulations shall apply to all districts.

(Ord. 2017-6, passed 4-4-17)

   A.   Except as herein provided, no part of any yard, or other open space, or off-street parking or loading and unloading space about or in connection with any building, structure, or use permitted by this appendix shall be considered to be part of a required yard, or other open space, or off-street parking or loading or unloading space for any other building, structure or use.

   B.   Except as herein provided, every structure hereafter erected shall be located on a lot as herein defined and in no case shall there be more than one principal building and permitted accessory structure on lot, nor shall any building be erected on any lot which does not abut a public right-of-way.

   C.   Except as herein provided, accessory structures including utility buildings and storage sheds, and accessory uses shall not be permitted within any required minimum front yard or side yard (on each side of the lot) in any zone. Accessory structures including utility buildings and storage sheds, and accessory uses may be permitted to extend into the minimum rear yard areas, as defined herein, in all zones, provided that those structures are set back from the rear lot line a minimum of the distance equal to the distance of the side yard setback of the zone in which the property is situated, and required minimum side yard clearances are maintained. In addition, where rear yards are adjacent to an alley, garages shall be required to be set back only five feet from the rear lot line unless the side yard setback distance in the zone is less than five fee, and required minimum side yards are maintained. Location of off-street parking, loading, or unloading areas, fences, and signs are governed by their respective sections, as provided herein.

   D.   Permitted obstructions in minimum required yards. Except as herein provided, the following shall not be considered to be obstructions when located in the required minimum yards specified:

      1.   In all minimum required yards. Driveways as provided for in § 11.1C); private walkways; steps four feet or less above grade projecting no more than four feet into the minimum required yards which are necessary for access to a lot from a street or alley; fire escapes and chimneys projecting no more than 178 inches into the minimum required yards; arbors and trellises; flag poles; bird baths; trees; plants; shrubberies; ornaments, utility poles and wires; and outdoor furniture; fences and walls, subject to the requirements in §§ 13.0 through 13.10, and off-street parking as provided for in §§ 11.0 through 11.4.

      2.   In minimum front yard depths. Bay windows and ornamental porches (not more than three fee wide) projecting three feet or less into the minimum required yard; overhanging eaves and gutter projecting not more than three feet into the minimum required front yard; air conditioning equipment; and awnings and canopies extending not more than four feet into the minimum required front yard.

      3.   In minimum rear yard depths. Bay windows, over-hanging eaves, and gutters, and air conditioning equipment projecting not more than three feet into the minimum required rear yard; awning and canopies provided they not extend more than ten feet into the minimum required rear yards.

      4.   In minimum side yard with. Air conditioning equipment, excluding compressor for central air conditioning unit; and overhanging eaves and gutters projecting no more than 18 inches into the minimum required side yard; awning and canopies providing that they extend not more than two feet into the minimum required side yard.

   E.   Except as herein provided, no new use may be created nor may any land or building be used for any use other than those uses permitted in the zone in which the land or building is located.

(Ord. 2017-6, passed 4-4-17)

   Except as herein provided, no lot, in any zone, may be reduced in area below the minimum lot area as specified herein for the zone within which that lot is located, except where reduction has been brought about by the expansion or acquiring of rights-of-way for a street. If however, by some means (such as misinterpretation of law, erroneous lot descriptions, and the like) the lot area is reduced below the minimum required area as specified herein for the zone, all of the uses and structures contained on the remaining portion of the area shall be subject to compliance with all other provisions of this appendix. In the event that the uses and structures cannot comply in those circumstances, the property owner may seek relief from the Board of Adjustment, as provided for in § 18.6.

(Ord. 2017-6, passed 4-4-17)

   No sign, structure, tree, planting, or vegetation or any portion thereof shall protrude over or into any street so as to create confusion around, or otherwise interfere with, traffic signals of any kind.

(Ord. 2017-6, passed 4-4-17) Penalty, see § 18.10

   No type of structure, vehicle, tree, planting, vegetation, sign, or fence, or any type of obstacle or any portion thereof shall be placed or retained in a manner which would create a traffic hazard or would obstruct the vision clearance at corners, curb cuts, or railroad crossings in any zone, as determined by the City Inspector/Zoning Administrator.

(Ord. 2017-6, passed 4-4-17) Penalty, see § 18.10

   On lots having frontage on more than one street, the minimum front yard depth shall be provided for each street, in accordance with the provisions of this appendix.

(Ord. 2017-6, passed 4-4-17)

   Electrical transformer stations, gas regulator stations, sewage and water treatment plants, pumping stations, standpipes for public water supply, and other similar utility uses may be located in any zone subject to the approval of the Board of Adjustment, as set forth in § 18.6. The location of these facilities shall be in accordance with state statutes, all other pertinent regulations, and the following requirements:

   A.   These facilities shall be essential for the immediate area or for the proper functioning of the total utility system of which the element is a part.

   B.   A building or structure, except an enclosing fence, shall be set back the necessary distance from any property line, as established by the Board of Adjustment, to ensure proper integration with surrounding development.

   C.   These facilities shall be enclosed by a protective fence as regulated by §§ 13.0 through 13.10.

   D.   Open spaces on the premises shall be suitably landscaped and maintained and a screening area according to § 9.17 may be required in and along any yard.

   E.   The storage of vehicles and equipment on the premises, unless enclosed or screened, shall be prohibited.

   F.   The surrounding area shall not be adversely affected by, and shall be protected from noise, odor, glare, dust, gas, smoke, and vibration by any suitable means and conditions as the Board of Adjustment may specify.

(Ord. 2017-6, passed 4-4-17)

   Railroad rights-of-way, exclusive of those uses as marshaling yards, spur lines, passenger and freight terminals, maintenance shops, fueling facilities and round houses, may be located in any zone of this appendix providing the railroad rights-of-way meet the requirements of those sections of the state statutes and other pertinent state regulations.

(Ord. 2017-6, passed 4-4-17)

   A.   No governmental entity or other person or entity shall strip, excavate, fill, or otherwise move soil, trees, or other vegetation except for minor changes such as: the filling of small depressions, removal of vegetation which is diseased or endangering the public safety, and the like without first insuring that all requirements of the subdivision regulations, if applicable, have been fulfilled and then obtaining a permit from the City Inspector/Zoning Administrator. All fill must be of suitable material and approved by the City Inspector/Zoning Administrator.

   B.   The City Inspector/Zoning Administrator may issue the required permit after determining that the resulting change in grade or removal of trees and other vegetation in the affected area will be in conformance with all applicable provisions of this appendix. The provisions of this section shall not be construed to prohibit normal excavation or grading incidental to the construction or alteration of a building on the premises for which a building permit has been granted as required otherwise in this appendix.

   C.   Erosion and sedimentation control: erosion and sedimentation controls for excavation, movement of soil, and tree removal, shall be planned and applied according to the following:

      1.   The smallest practical area of land shall be exposed at any one time during development.

      2.   When land is exposed during development, the exposure shall be kept to the shortest practical period of time.

      3.   Temporary vegetation and/or mulching shall be used to protect critical areas exposed during development.

      4.   Sediment basins (debris basins or silt traps) shall be installed and maintained to remove sediment from run-off waters from land undergoing development.

      5.   Provisions shall be made to accommodate the increased run-off caused by changed soil and surface conditions during and after development.

      6.   Permanent final vegetation and structures shall be installed as soon as practical in the development.

      7.   The development shall be fitted to the topography and soils so as to create the least erosion potential.

      8.   Wherever feasible, natural vegetation shall be retained and protected.

(Ord. 2017-6, passed 4-4-17)

   No rubbish, salvage materials, junk, or miscellaneous refuse shall be openly stored or kept in the open and weeds shall not be allowed to go uncut within any zones when the same may be construed to be a menace to public health and safety by the appropriate health department, or have a depressing influence upon property values in the neighborhood.

(Ord. 2017-6, passed 4-4-17) Penalty, see § 18.10

No junkyards shall be permitted to locate within the city.

(Ord. 2017-6, passed 4-4-17) Penalty, see § 18.10

   Home occupations shall include the use of the premises for services rendered other than by direct contact with customers at that location (for example, where the bulk of the business is by telephone and actual work is performed in home and customer is contacted in other than that location). The following requirements shall apply to home occupations when permitted herein:

   A.   No persons other than members of the family residing in the premises shall be engaged in the operation.

   B.   The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants. Not more that 25% of the gross floor area of any one floor of the dwelling unit (including the basement or cellar) shall be used in the conduct of the home occupation.

   C.   There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling unit, except that a name plate as regulated be §§ 14.0 through 14.7, shall be permitted.

   D.   No home occupation shall be conducted in any accessory building, nor shall there be any exterior storage of any materials on the premises.

   E.   There shall be no commodity sold upon the premises in connection with the home occupation.

   F.   No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.

   G.   No equipment or process, which creates noise, vibration, flare, fumes, odors, or electrical interference detectable to the normal senses off the lot, shall be used in such home occupation. In the case of electrical interference, no equipment or process, which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises, shall be used.

(Ord. 2017-6, passed 4-4-17)

   A.   Nonconforming lots of record:

      1.   Any lot of record which does not meet the requirements of this appendix shall be considered a nonconforming lot of record.

      2.   If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this appendix, and if all or part of the lots do not meet the requirements for lot width and area as established by this appendix, the lands involved shall be considered to be an undivided parcel for the purposes of this appendix, and no portion of that parcel shall be used or sold which does not meet lot width and area requirements established by this appendix, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this appendix.

      3.   Where a single nonconforming lot of record exists having a lot area less than required by the particular zone district wherein the lot is located, development may be permitted on the lot, provided: the lot is located on an existing and improved public street; the lot is of separate ownership from all adjacent and contiguous parcels; the adjacent and contiguous parcels exist as developed building lots or dedicated street right-of-ways precluding acquisition of additional area to achieve conformity; and development proposed on the lot is in conformance with all other requirements of this appendix. Where a dimensional variance from any minimum yard, setback, and the like is necessary to develop on the lot, an application for dimensional variance shall be submitted for review and approval by the Board of Adjustment in accordance with § 18.0 through 18.11.

   B.   Nonconforming uses:

      1.   Continuance: Except as herein provided, the lawful use of any structure or land existing at the time of the adoption of this appendix may be continued although that use does not conform to the provisions of this appendix; it shall become a legal nonconforming use. However, no nonconforming use or structure may be enlarged or extended beyond its area of use at the time it becomes a legal nonconforming use, unless and until the use is brought into conformance with all provisions of this appendix.

      2.   Change from one nonconforming use to another:

         a.   The lawful use of a building or premises existing at the time of adoption of this zoning code may be continued, although such use does not conform to the provisions of such zoning code, except as otherwise provided therein.

         b.   The Board of Adjustment shall not allow the enlargement or extension of a nonconforming use beyond the scope and area of its operation at the time the regulation which makes its use nonconforming was adopted, nor shall the Board permit as change from one nonconforming use to another unless the new nonconforming use is in the same or a more restrictive classification. However, the Board may grant approval, effective to maintain nonconforming-use status, for enlargements or extensions, made or to be    made, of the facilities of a nonconforming use, where the use consists of the presenting of a major public attraction or attractions, such as a sports event or events, which has been presented at the same site over such period of years and has such attributes and public acceptance as to have attained international prestige and to have achieved the status of a public tradition, contributing substantially to the economy of the community and state, of which prestige and status the site is an essential element, and where the enlargement or extension was or is designed to maintain the prestige and status by meeting the increasing demands of participants and patrons.

      3.   Termination: in all cases, the Board of Adjustments shall hold a public hearing in accordance with the applicable requirements of § 18.2. Following that hearing, the Board may terminate the right to operate a nonconforming use based on any of the following conditions, and if the decision is to do so, the Board shall state its bases, in writing, for that determination.

         a.   Non-operative, non-used, or abandoned for a period of 12 consecutive months providing that the Board of Adjustments may allow the continuation of that nonconforming use if it is determined that reasons for the nonuse were beyond the owner’s/ operator’s control.

         b.   Whenever the structure, in which the nonconforming use is operated, is damaged in any manner whatsoever and the cost of repairing such damage exceeds 50% of the market value of that structure in which the nonconforming use is operated and a determination is made by the Board of Adjustment that this structure should not be reconstructed.

         c.   Whenever the structure, in which the nonconforming use is operated, becomes obsolete or substandard under any applicable ordinance of the city and the cost of placing that structure in lawful compliance with the applicable ordinance exceeds 50% of the market value of that structure as of the date of the official order under the applicable ordinance and a determination is made by the Board of Adjustment that this structure should not be reconstructed.

         d.   Whenever said nonconforming use is determined to be detrimental or injurious to the public health, safety, or general welfare.

      4.   Zone change: the foregoing provisions shall apply to uses which become legally nonconforming due to zone changes which take place thereafter.

   C.   Nonconforming structures:

      1.   Continuance: except as herein provided, any lawful nonconforming structure existing at the time of adoption of this appendix, may be occupied, operated, and maintained in a state of good repair, but no nonconforming structure shall be enlarged or extended unless the enlargement or extension can be, and is, made in compliance with all of the provisions of this appendix.

      2.   Termination: In all cases the Board of Adjustment shall hold a public hearing in accordance with the applicable requirements of § 18.2. Following that hearing, the Board may terminate the right to operate a nonconforming structure based on any of the following conditions, and if the decision is to do so, the Board shall state its bases, in writing, for that determination.

         a.   Whenever the nonconforming structure is damaged in any manner exceeds 50% of the market value of that structure and a determination is made by the Board of Adjustment that the structure should not be reconstructed.

         b.   Whenever the nonconforming structure becomes obsolete or substandard under any applicable ordinance of the city and the cost of placing the nonconforming structure in lawful compliance with the applicable ordinance exceeds 50% of the market value of the nonconforming structure as of the date of the official order under the applicable ordinance and a determination is made by the Board of Adjustment that the structure should not be reconstructed.

         c.   Whenever a nonconforming structure is determined to be detrimental or injurious to the public health, safety, or general welfare.

      3.   Zone change: The foregoing provisions shall apply to structures which become legally nonconforming due to zone changes which take place thereafter.

   D.   Repairs and maintenance:

      1.   On any building devoted in whole or in part to any nonconforming use, work may be done on ordinary repairs, or on repair or replacement or nonbearing walls, fixtures, wiring, or plumbing, provided that the cubic content of the building, as it existed at the time of passage or amendment of this appendix which rendered it nonconforming, shall not be increased.

      2.   Nothing in this appendix shall be deemed to prevent the strengthening or restoring, to a safe condition, of any building, structure, or part thereof declared to be unsafe by any official charged with protecting the public safety, except for the conditions as stated in B, 3, b, or C, 2, b of this section.

   E.   Nonconforming signs:

      1.   Continuance: Except as herein provided, any lawful nonconforming sign existing at the time of adoption of this appendix, may be continued; however, no sign shall be changed in any manner unless it is changed in compliance with all provisions of this appendix.

      2.   Termination: In all cases, the Board of Adjustment shall hold a public hearing in accordance with the applicable requirements of § 18.2. Following that hearing, the Board may terminate the right to operate a nonconforming sign based on any of the following conditions and, if the decision is to do so, the Board shall state its bases, in writing, for determination and the property owner shall be responsible to remove the sign at the owner’s expense. If the sign is not removed within 30 days of the date of the Board’s action to terminate the sign, the city may remove the sign and may bill the owner, or attach the cost of the service to the annual property tax bill:

         a.   Not meeting the requirements for sign regulations, as regulated in § 14.0 through 14.7.

         b.   Nonuse or abandonment of a nonconforming sign for a period of 12 consecutive months.

      3.   Zone change: the foregoing provisions shall also apply to signs which become legally nonconforming due to zone changes which take place thereafter.

(Ord. 2017-6, passed 4-4-17)

   A.   Exceptions to height limits: the height limitations of this appendix shall not apply to such things as: church spires, various types of towers, smoke stacks, other related structures and necessary mechanical appurtenances, etc.; provided their construction is in accordance with existing or hereafter adopted ordinances of the city and is acceptable to the Federal Aviation Agency and the Federal Communications Commission.

   B.   Front yard variance: where the average depth of existing front yards within 300 feet of the lot in question and within the same block front, is greater than the minimum front yard depth required by this appendix, the required minimum front yard depth on the lot shall be modified to be the average depth of the existing front yards.

   C.   Exception to area and yard regulations: where existing or proposed development within the R-3 Zone is to be subdivided, the minimum area and yard requirements may be less than required by this appendix provided that:

      1.   The maximum density of the zone is not exceeded or the minimum site for the total development must not be less than that required by the respective zone.

      2.   A site plan, as required by the applicable requirements of § 9.19, including the proposed area and yard requirements for the development, is submitted for review and approval by the Planning Commission.

   D.   In any residential zone, no front yard shall be required to exceed the average depth of existing front yards on the same side of the street within the same block, when fifty-one percent (51%) or more of lots within that block are improved with residential buildings, whichever is greater.

   E.   Infill development standards shall apply to properties meeting the applicability requirements as specified in Section 9.29.

(Ord. 2017-6, passed 4-4-17; Am. Ord. 2022-3, passed 3-15-22)

   A.   Determination: subject to the requirements of § 18.7, the Board of Adjustments may authorize a conditional use to be located within any zone in which such conditional use is permitted, if the evidence presented by the applicant is such as to establish, beyond any reasonable doubt:

      1.   That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or the community;

      2.   That such use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity.

   B.   Conditional use permits: in accordance with KRS 100.237, the Board of Adjustment shall have the power to hear and decide applications for conditional use permits to allow the proper integration into the community of uses which are specifically named herein which may be suitable only in specific locations in the zone only if certain conditions are met:

      1.   The Board of Adjustments may approve, modify, or deny any application for a conditional use permit. If it approves a permit, it may attach necessary conditions such as time limitations, requirements that one or more things be done before the request can be initiated, or conditions of a continuing nature. Any such conditions shall be recorded in the Board’s minutes and on the conditional use permit, along with a reference to the specific section in the zoning regulation listing the conditional use under consideration. In addition, said conditional use permit shall be recorded in the office of the County clerk and one copy of said permit attached to the deed for the property for which it is issued. The Board shall have power to revoke conditional use permits, or variance for noncompliance with the condition thereof. Furthermore, the Board shall have a right of action to compel offending structures or uses removed at the cost of the violator and may have judgment in persona for that cost.

      2.   Granting of a conditional use permit does not exempt the applicant from complying with all of the requirements of this appendix, the building code, housing code, and other regulations of the city.

      3.   In any case where a conditional use permit has not been exercised within the time limit set by the Board or within 12 consecutive calendar months from date of issuance, such conditional use permit shall not revert to its original designation unless there has been a public hearing. Exercised as set forth in this section, shall mean that binding contracts for the construction of the main building or other improvement has been let; or in the absence of contracts that the main building or other improvement is under construction to a substantial degree, or that prerequisite conditions involving substantial investment shall be under contract, in development, or completed. When construction is not a part of the use, exercised shall mean that the use is in operation in compliance with the conditions as set forth in the permit.

      4.   a.   The City Inspector/Zoning Administrator shall review all conditional use permits, except those for which all conditions have been permanently satisfied, at least once annually and shall have the power to inspect the land or structure where the conditional use is located in order to ascertain that the landowner is complying with all of the conditions which are listed on the conditional use permits.

         b.   If the landowner is not complying with all of the conditions listed on the conditional use permit, the City Inspector/Zoning Administrator shall report the fact in writing to the Chairman of the Board of Adjustment. The report shall state specifically the manner in which the landowner is not complying with the conditions on the conditional use permit, and a copy of the report shall be furnished to the landowner at the same time it is furnished to the chairman of the Board of Adjustment.

         c.   The Board shall hold a hearing on the report within a reasonable time, and notice of the time and place of the hearing shall be furnished to the landowner at least one week prior to the hearing. If the Board of Adjustment finds that the facts alleged in the report of the City Inspector/Zoning Administrator are true and that the landowner has taken no steps to comply within the time between the date of the report and the date of the hearing, the Board of Adjustment may authorize the City Inspector/Zoning Administrator to revoke the conditional use permit and take the necessary legal action to cause the termination of the activity on the land which the conditional use permit authorizes.

      5.   Once the Board of Adjustment has completed a conditional use permit and all the conditions required are of such type that they can be completely and permanently satisfied, the City Inspector/Zoning Administrator, upon request of the applicant, may, if the facts warrant, make a determination that the conditions have been satisfied, and enter the facts which indicate that the conditions have been satisfied and the conclusion in the margin of the copy of the conditional use permit which is on file with the County clerk, as required in KRS 100.329. Thereafter the use, if it continues to meet the other requirements of this appendix, will be treated as a permitted use.

(Ord. 2017-6, passed 4-4-17)

   A.   Building regulations: all structures shall be designed, erected, or altered in accordance with the city’s housing and building codes.

   B.   Water and sanitary sewer service: no building may be constructed in any zone unless that building is connected to a public water and central sanitary sewer system of adequate capacity and design, and approved by proper authorities.

   C.   Where existing buildings are presently unserved by a public sanitary sewer system and are located within a reasonable distance of an existing or newly extended sanitary sewer line, as determined by the City Council or the Northern Kentucky District Board of Health, that building shall be required to connect with the public sanitary sewer system and the private sewage disposal system shall be prohibited.

(Ord. 2017-6, passed 4-4-17)

   A.   Requirements: no building, structure, or improvement shall be moved or set from or upon land located in any area or transported upon any public street in the city, until and unless both:

      1.   A building permit to move and set; and

      2.   A transport permit has been obtained, and the building, structure, or improvement complies with the provisions of this section.

   B.   Compliance: all buildings, structures, and improvements shall comply with the city’s housing and building code, and all other applicable codes and regulations.

   C.   Procedure; permits: the applicant shall submit to the building inspector, the following:

      1.   An application for a building permit requesting an inspection of the building, structure, or improvement to be moved or set;

      2.   A plot plan, footing and foundation plan, and construction plans for any new construction;

      3.   A statement from the applicable legislative body insuring that all past and current taxes have been paid.

      4.   Upon receipt of the foregoing items, the City Inspector/Zoning Administrator shall inspect the building, structure, or improvements, and the proposed location where same will be set within the city and determine if the proposed development will comply with all applicable codes and regulations.

      5.   The move and set shall be referred to the City Inspector/Zoning Administrator for approval or denial of compliance with this appendix.

      6.   Upon approval by the City Inspector/Zoning Administrator, a building permit to move and set shall be issued. The City Engineer shall then be notified of same and shall issue a transportation permit. The City Engineer or his agent shall designate the route to be traveled. The transport permit is good only for the date specified on permit. The transport permit will not be issued if 90 consecutive calendar days or more have lapsed from the date of inspection by the City Inspector/Zoning Administrator. The transport permit provided for in this section shall not be in lieu of any other permits which may be required by the city.

      7.   No transport or building permit to move and set shall be issued until the applicant has first obtained the necessary permits from the telephone company, public utilities companies, railroad companies, and the Kentucky Department of Transportation, and the county road supervisor, whichever are applicable.

   D.   Fees:

      1.   There will be a building investigation fee as established by the City Council to cover the costs of investigation and inspection for determining the structural soundness of buildings, structures, or improvements to be moved, the fee is payable in advance and must accompany the application provided for herein. The inspection shall determine what will be necessary to bring buildings, structures, or improvements into compliance with all applicable codes and regulations should the building not comply. This fee is not returnable. If buildings, structures, or improvements are found to be in compliance with the city’s applicable codes and regulations, a building permit to move and set will be issued and the fee will be based on the cost of new foundations and all work necessary to place the building or structure in its completed condition in the new location. This fee is in addition to the building investigation fee.

      2.   No person, corporation, or company shall transport, move, or set any building, structure, or improvement in the jurisdiction of the City Council, until and unless such person, corporation, or company shall post with the City Inspector/Zoning Administrator a good and sufficient indemnity bond in the amount of $5,000 in favor of the city. The bond shall be made by a surety corporation authorized to do business in the state.

(Ord. 2017-6, passed 4-4-17)

   Screening areas shall be provided for the purpose of minimizing the friction between incompatible land uses and improving the aesthetic and functional quality of new development.

   A.   Screening area requirements: all screening areas shall be approved by the City Inspector/Zoning Administrator (or Planning Commission, where required by this appendix) according to a submitted site plan as regulated by the applicable requirements of this appendix. Screening areas shall be designed, provided, and maintained according to the following:

      1.   Where vegetative and/or topographic conditions that provide a natural screening and buffer exist prior to development of properties in question, every effort shall be made to retain such conditions. In such cases additional screening may not be required, provided that provision is made for maintenance of such condition to the satisfaction of the City Council.

      2.   Wherever screening is required in this appendix, all trees shall be evergreen.

      3.   All trees shall be a minimum of 10 in height when planted unless otherwise required according to the submitted site plan.

      4.   All hedges shall be a minimum of 3 feet in height when planted unless otherwise required according to the submitted site plan.

      5.   All trees, shrubs, and, other planting materials shall be living plants (not artificial) and shall be suitable to the Northern Kentucky area and the specific conditions of the site in question, such as but not limited to soil conditions, slopes, reduction of noise pollution, maintenance necessary, and the type of screening needed. The City Council may require review of the proposed screening plan from the U.S. Soil Conservation Service, or the applicable County Agricultural Extension Service.

      6.   Screening areas are to be provided within the required minimum yard setback as required in each district’s regulation. In the case where property is located adjacent to another governmental jurisdiction, screening requirement shall be the same as if the zone in the adjacent legislative body (or a zone containing the most similar types of permitted uses as provided herein) were located within this city.

      7.   In the case where a zoning map change occurs resulting in adjacency to a different zoning district that was previously the case, and where development has already occurred on property in the unchanged district, required additional setbacks and screening requirements (as required in each district’s regulations) shall be provided for the property in the district where the zone change occurred.

   B.   Provision and maintenance: required screening areas shall be provided as a condition of development by the owner or developer. All required screening (including the planting of trees and other vegetation) shall be maintained by the property owner.

   C.   Inclusion of site plan or subdivision improvement drawings: areas to be set aside as screening areas shall be identified on the required site plans, as regulated in § 9.19, and where applicable, on the improvement drawings as regulated by the subdivision regulations. Sufficient bond, adequate to cover the required improvements as determined by the City Council may be required to be posted. It shall be unlawful to occupy any premises unless the required screening has been installed in accordance with the requirements as provided herein.

   D.   Dumpster screening: dumpsters, including grease traps and compactors, shall be designed, constructed and maintained according to the following:

      1.   Dumpsters shall be located behind the principal structure a minimum of two feet from the lot line.

      2.   Dumpsters shall have an enclosing lid or cover.

      3.   Dumpster location and details of construction shall be shown on site plans (see § 9.19).

      4.   Dumpsters shall be located within an enclosure that meets the following design standards:

         a.   The enclosure shall be a minimum of 12 feet by 12 feet in size.

         b.   The pad of the enclosure shall be constructed of six inches of reinforced concrete pavement that shall extend six feet beyond the gate to support the front axle of a refuse vehicle.

         c.   The enclosure shall be a minimum of three sides with a gate on the fourth side.

         d.   The enclosure shall be provided with a self-latching gate.

         e.   The minimum height of the enclosure walls shall be six inches taller than the dumpster.

         f.   The enclosure walls shall be solid and suitable for outdoor use. The enclosure design must be compatible with the principal structure.

         g.   Bollards shall be installed at the opening to prevent damage to the enclosure.

         h.   This does not apply to existing dumpsters, unless they are relocated.

(Ord. 2017-6, passed 4-4-17) Penalty, see § 18.10

   A.   Private swimming pools: all private swimming pools shall be regulated according to the following requirements:

      1.   Except as herein provided, no swimming pool or associated equipment shall be permitted within any minimum front, side, or rear yard depth, nor within any public utility right-of-way easement. Above ground pools, including apparatus and equipment pertaining to the operation of the swimming pool, shall be permitted within any minimum side or rear yard depth of the lot or easement; provided, however, that if at any time construction, repair, or maintenance is necessary within the easement, removal of the pool will be at the owner’s expense.

      2.   Swimming pools which are constructed in-ground, shall be required to have a fence or wall, including a self-closing or self-locking door or gate around the pool or the property on which the pool is located. Such fence or wall shall be at least four feet, but not more than seven feet in height (only classes 1, 3, 4, or 5 fences are permitted, as regulated in § 13.10). The fence or wall shall be constructed in such a manner so that a small child may not reach the pool from the street or any adjacent property without climbing the fence or wall or opening the gate or door.

      3.   a.   Swimming pools, which are located above ground, shall be required to have a fence or wall, including a self-closing or self-locking door or gate around the pool or property upon which the pool is located. Such fence or wall shall be at least four (4) feet, but not more than seven (7) feet in height (only classes 1, 3, 4, and 5 are permitted as regulated by Article XIII of this appendix). Such fence or wall shall be constructed in such a manner that a small child may not reach the pool from the street or any adjacent property without scaling a fence or wall or opening the gate or door. Said wall may be the wall of the above ground pool providing that said wall is at least four (4) feet in height above the surrounding ground level.

         b.   Any access to above ground pools by means of a ladder or stairway shall be provided with a self-closing or self-locking door or gate, or some other device that would prevent a small child from gaining access to the pool by means of a ladder.

      4.   Glare from lights used to illuminate the swimming pool area shall be directed away from adjacent properties.

      5.   All swimming pools and associated equipment shall be constructed and erected in accordance with all applicable codes, ordinances, and regulations of the city. Water used in the swimming pool, which is obtained from other than a public source, shall be approved by the Northern Kentucky District Health Department.

      6.   All swimming pools existing at the time of adoption of this appendix which are unprotected by a surrounding fence or wall, including gates or doors, as regulated herein, shall be required to comply with the provisions of this appendix section within 60 days after its adoption.

   B.   Public, semi-public and commercial swimming pools: all public, semipublic, and commercial swimming pools shall be regulated according to the following requirements:

      1.   Except as herein provided, no swimming pool and associated equipment shall be permitted within any required yards or within the limits of any public utility right-of-way easement.

      2.   The swimming pool or the property on which the pool is located shall be surrounded by a fence or wall, including a self-closing or self-locking door or gate (only classes 1,3,4, and 5 fences are permitted, as regulated by Article XIII of this appendix). Such fence or wall shall be at least five feet in height, but not exceeding the height as permitted herein, and of such construction that a small child may not reach the pool from the street or from adjacent property without climbing the wall or fence or opening a door or gate.

      3.   Glare from lights used to illuminate the swimming pool area shall be directed away from adjacent properties.

      4.   All swimming pools and associated equipment of the swimming pool shall be constructed and erected in accordance with all applicable codes, ordinances and regulations of the County. Water used in the operation of the swimming pool, which is obtained from other than a public source, shall be approved of by the Northern Kentucky District Health Department.

      5.   No mechanical device for the reproduction or amplification of sounds used in connection with swimming pools shall create a nuisance to adjacent residential properties.

(Ord. 2017-6, passed 4-4-17) Penalty, see § 18.10

   A.   No building shall be erected or structurally altered nor shall any grading take place on any lot or parcel in zones where a site plan is required, except in accordance with the regulations of this section and an approved site plan as hereinafter required. Before a permit is issued for construction, one copy of the site plan of the area at a scale no smaller than one inch to one hundred feet shall be filed with the Northern Kentucky Area Planning Commission and one copy with the Building Inspector/Zoning Administrator. The site plan shall identify and locate, where applicable, the information as listed in § 9.20(B).

   B.   All site plans shall be reviewed by the Planning Commission or its duly authorized representative, and the factual determination approving or rejecting those plans shall be made in accordance with requirements of this and other applicable sections of this appendix, and the Comprehensive Plan for the city.

   C.   All site plans approved shall be binding upon the applicants, their successors, and assigns and shall limit the development to all conditions and limitations established in those plans.

   D.   Amendments to plans may be made in accordance with the procedure required by this appendix subject to the same limitations and requirements as those under which those plans were originally approved.

   E.   After final approval, the subject area may be developed in phases, provided all of the procedures required by the Planning Commission or its duly authorized representative have been complied with.

(Ord. 2017-6, passed 4-4-17)

   A.   Stage I - plan requirements: the Stage I Plan shall identify and provide the following information in this division A.:

      1.   Plans of the subject property shall be drawn to a scale not smaller than one inch equals 100 feet showing:

         a.   The total area in the project;

         b.   The present zoning of the subject property and all adjacent properties;

         c.   All public and private rights-of-way and easement lines located on or adjacent to the subject property which are proposed to be continued, created, enlarged, relocated, or abandoned;

         d.   Existing topography and approximate delineation of any topographical changes shown by contour with intervals not to exceed five feet; and

         e.   Delineation of all existing and proposed residential areas in the project with a statement indicating net density of the total project:

            1)   Detached housing. Location and approximate number of lots, including a typical section identifying approximate lot sizes and dimensions, and set back and height of buildings.

            2)   Attached housing. Location and description of the various housing types (such as townhouse, four-plex, garden apartment, and the like) including approximate heights of typical structures and the approximate number of units by housing type.

         f.   Delineation of all existing and proposed nonresidential uses in the project:

            1)   Commercial uses. Location and type of all uses including approximate number of acres, gross floor area, and heights of buildings.

            2)   Open space-recreation. The approximate amount of area proposed for common open space, including the location of recreational facilities, and identification of unique natural features to be retained.

            3)   Other public and semi-public uses. Location and type of all uses, including approximate number of acreage, and height of buildings.

         g.   Location of proposed pedestrian walkways, identifying approximate dimensions;

         h.   Location of proposed streets, identifying approximate dimensions of pavement, right-of-way widths, and grades;

         i.   Location of all existing and proposed water, sanitary sewer, and storm drainage lines, indicating approximate pipe sizes. Indication should also be given regarding the provision of electric and telephone service;

         j.   Certification from appropriate water and sewer agencies that will be available;

         k.   Identification of the soil types and geologic formations on the subject property, indicating anticipate problems and proposed methods of handling those problems;

         l.   Other information that may be determined necessary for description or to insure proper integration of the proposed project in the area; and

         m.   A schedule of development, including the staging and phasing of:

            1)   Residential area, 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)   Nonresidential buildings and uses, in order of priority.

      2.   The aforementioned information required may be combined in any suitable and convenient manner so long as the data required is clearly indicated. A separate plan or drawing for each element is not necessary, but may be provided at the option of the applicant.

   B.   Stage II - plan requirements: the Stage II Plan shall conform to the following requirements:

      1.   Plans of the subject property shall be drawn to a scale of not smaller than one inch equals 100 feet, that identifies and provides the following information:

         a.   The existing proposed finished topography of the subject property shown by contours with intervals not to exceed five feet. Where conditions exist that may require more detailed information on the proposed topography, contours with intervals of less than five feet may be required by the Planning Commission.

         b.   All housing units on the subject property:

            1)   Detached housing. Location, height, arrangement and number of all lots, including exact lot dimensions and setbacks, and maximum height of buildings;

            2)   Attached housing. Location, height, and arrangement of all buildings indicating the number of units in each building, and where applicable, location, arrangement, and dimensions of all lots.

         c.   Location, height, arrangement and identification of all nonresidential buildings and uses on the subject property and, where applicable, location and arrangement of all lots with exact lot dimensions.

         d.   All common open space areas, and recreational facilities, including lot dimensions, methods of ownership and operation and maintenance of those lands shall be identified.

         e.   Landscaping features, including identification of planting areas and the location, type and height of walls and fences.

         f.   Locations of signs indicating their orientation, size and height.

         g.   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 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 generated by development of the subject area, and the quantity of storm water to be discharged at various points to areas outside the subject property.

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

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

         i.   Circulation system.

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

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

         j.   Provisions for control of erosion, hillside slippage and sedimentation, indicating the temporary and permanent control practices and measures which will be implemented during all phases of clearing, grading, and construction;

         k.   A schedule of development, including the staging and phasing of:

            1)   Residential areas, in order of priority, by types of dwelling units;

            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)   Nonresidential buildings and uses, in order of priority.

      2.   The aforementioned information required may be combined in any suitable and convenient manner so long as the data required is clearly indicated.

   C.   Record plat requirements: the applicant shall submit a record plat, in conformance with the Stage II approved plans. If the record plat is submitted in sections, an index shall be developed showing the entire plan area. The particular number of the section and the relationship of each adjoining section shall be clearly shown by a small key map on each section submitted. The record plat shall conform to the applicable requirements of the subdivision regulations, unless specifically waived by the Planning Commission.

(Ord. 2017-6, passed 4-4-17)

   Any proposed use of air rights, as defined herein, shall be in the form of a site plan (as regulated in § 9.19) submitted to the Planning Commission, or its duly authorized representative, for its review.

(Ord. 2017-6, passed 4-4-17)

   Any proposed development requiring the construction of streets (including curb and gutters), sidewalks, sewers (sanitary and storm), water lines or other improvements, which does not constitute a subdivision, as herein defined, shall be required to be designed and constructed in accordance with the applicable articles and sections of the subdivision regulations, unless specifically waived.

(Ord. 2017-6, passed 4-4-17)

   A.   No motor vehicle, which is inoperable, shall be stored on any lot in any zone or parcel of ground unless it is in a completely enclosed building.

   B.   It shall be unlawful for any person or persons to live in any automobile, camper, bus, boat, or truck, within the jurisdiction of the City Council, except houseboats may be permitted along the Licking and Ohio Rivers.

   C.   The outside storage of any trailer, mobile home, recreational vehicle, camper, boat, or similar type equipment shall be restricted to the side or rear yard of any residence within the jurisdiction of the city, provided there is at least a five-foot clearance between the vehicle and any residential structure, and that screening shall be provided per § 9.17 when the vehicle is stored in a side yard. Storage shall be also permitted in any structurally sound, enclosed garage or building capable of containing the vehicle.

   D.   It shall be unlawful to park or keep any truck in excess of 6,000 pounds or more gross vehicle weight, as licensed by the County Auto Licensing Department, at any place on property located in a residential zone, except in a completely enclosed garage.

(Ord. 2017-6, passed 4-4-17)

   A.   This section is designed to ensure, when development is proposed in those areas of the community which have physical characteristics limiting development (hillside slopes of 20% or greater) that said development will occur in a manner harmonious with adjacent lands so as to minimize problems of drainage, erosion, earth movement, and other natural hazards.

   B.   Areas of land on which development is physically restricted due to excessive hillside slopes shall be limited according to the following requirements:

      1.   Development proposed on land areas identified on the Comprehensive Plan as physically restrictive development areas and any other areas, which have slopes of 20% or greater shall require approval before development may occur. In those areas which are identified in the Comprehensive Plan as physically restrictive development areas and containing slopes less than 20%, the requirements contained herein may be waived; if, after review of the proposed site plan by the engineer it is determined that the development will not result in hillside slippage or soil erosion.

      2.   No excavation, removal, or placement of any soil, foundation placement, or construction of buildings or structures of any nature within the area identified in B.1. above, may occur until plan specifications for such work have been submitted in the form of a site plan as regulated by § 9.19. In addition to site plan requirements, the following shall also be submitted:

         a.   Plans which show existing topography and the proposed physical changes necessary for construction, indicating grading (cutting and filling) compaction, erosion ponds, areas to be defoliated, and any other pertinent information which will change the natural physical features of the site or general area.

         b.   Information defining results of subsurface investigation of the area under consideration, including test borings, laboratory tests, engineering tests, and a geological analysis. The investigation shall be made by a qualified registered civil engineer and a geologist, indicating that any structural or physical changes proposed in the area will be completed in manner which will minimize hillside slippage or soil erosion.

      3.   The site plan and other information required in § 9.19 shall be reviewed by the engineer and the Northern Kentucky Area Planning Commission staff, who will recommend to the Planning Commission, or its duly authorized representative, what effect the proposed development will have on hillside slippage and soil erosion After consideration of the recommendation, the Planning Commission, or its duly authorized representative, may authorize use of the site in accordance with the submitted plans.

      4.   If, after review of the plans required by this section, the Planning Commission, or its duly authorized representative, determines that the proposed plans will not minimize hillside slippage, the Planning Commission shall deny a permit for the development of the land.

(Ord. 2017-6, passed 4-4-17)

   The following shall apply to all mobile homes located in a mobile home park. Requirements of the zone in which the mobile homes are permitted shall also apply:

   A.   The mobile home shall, at a minimum, be equipped with plumbing and electrical connections designed for attachment to appropriate external systems.

   B.   All health, sanitation (including sewers and/or private secondary sewage treatment plants approved by the Northern Kentucky District Health Department and the Sanitation District No. 1 of Campbell and Kenton Counties), and safety requirements applicable to a conventional dwelling, shall be equally applicable to a mobile home.

   C.   The mobile home shall be set and adequately anchored on a concrete or hard surfaced slab in accordance with the Kentucky Mobile Home and Recreational Vehicle Park regulations and the open space between the ground and the floor f the mobile home shall be enclosed with some material as concrete block, corrugated metal, or other durable and suitable material.

   D.   Any person, firm, or corporation desiring to locate a mobile home shall apply for a zoning/building permit, and an occupancy permit. Applicable permits must be approved prior to the installation and occupancy of any mobile home. The proper permits must be displayed in a conspicuous location in each mobile home, signifying that all permits have been approved by the City Inspector/Zoning Administrator.

   E.   All mobile homes shall meet the requirements of KRS 219.310 through 219.410.

   A.   Phased zoning is an overlay type regulation to be used in cases where the timing and/or phasing of the zoning of an area is especially critical to the implementation of the adopted Comprehensive Plan. The intent of the phased zoning regulations is to encourage redevelopment of a specified area for the use or density designated on the Comprehensive Plan when the necessary conditions for such development are realized (e.g., demolition of existing deteriorated areas; provision of urban services, such as public water and centralized sanitary sewer systems). Implicit in such a phased zoning approach is the premise that until such conditions are realized, the type of development identified by the comprehensive plan is premature; such development would be prevented by temporarily zoning the area to generally conform with the predominant existing land use, with a clear stipulation of an intended future re-zoning, which would be in compliance with the adopted Comprehensive Plan.

   B.   The phased zoning regulations may be overlaid over any zoning classification by means of a conventional zone change process. The use of the phased zoning regulations would indicate that the regulations of the overlaid zone are currently being enforced based upon the general existing land use, but on attainment of all the requirements of the zone which corresponds to the adopted Comprehensive Plan for type of use or density, the area could be rezoned in direct compliance with the plan.

   C.   Phased zones are indicated on the official zoning map by adding to the overlaid zone, the letter “P” as a suffix enclosed in parentheses. For example, in order to properly phase its change, an area zoned R-1JJ, which is identified for future use on the adopted Comprehensive Plan for industrial could be temporarily zoned R-1JJ (P), indicated that present development on the site would be in conformance with the regulations of the overlaid R-1JJ Zone, but that, upon the attainment of certain conditions (for example, provision of flood levee and demolition of existing buildings) as indicated on the local Comprehensive Plan, the area could be rezoned through a conventional zone change procedure. At the time of the zone change, the temporary R-1JJ (P) zone is removed and the area is developed according to the regulations of the new zone, which is in conformance with the adopted Comprehensive Plan.

   D.   The minimum size of any area to be rezoned as regulated by this section of the ordinance is five acres, provided that all other provisions of this appendix and the subdivision regulations are adhered to. Development of a smaller tract adjacent to an existing zone being requested may be permitted if the proposed development conforms to and extends the original development as if the new area had been a part of the original development and provided further that the zone is in conformance with the Comprehensive Plan.

(Ord. 2017-6, passed 4-4-17)

   A.   Purpose:

      1.   The purpose of these regulations is to facilitate the planning and placement of Cellular Antenna Towers and Small Cell System Towers and facilities within the community in accordance with the requirements of the most recent and applicable Kentucky Revised Statutes (KRS), Kentucky Administrative Regulations (KAR), and Federal Communications Commission (FCC). These regulations are intended to:

         a.   Accommodate the need for cellular antenna towers and small cell system towers and facilities, while regulating their location;

         b.   Balance the visual effects of cellular antenna towers and small cell system towers and facilities through proper siting, design, and screening;

         c.   Encourage the joint use of any new and existing towers and/or support structures to reduce the number of sites.

      2.   These regulations apply to every Utility or company that is engaged in the business of providing the required infrastructure to construct or maintain an antenna tower for Cellular Telecommunications Services or Personal Communications Services.

      3.   Except as hereinafter specified, no Cellular Antenna Tower or Small Cell System Tower shall hereafter be modified, placed or constructed except in conformity with these regulations.

   B.   Definitions: the following words and phrases are used to supplement the definitions include in the Zoning Ordinance.

      “ANTENNAS OR RELATED EQUIPMENT.” Any transmitting, receiving or other equipment used in conjunction with a Wireless Communications Facility. The term includes utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters, or similar equipment. This definition does not include cellular antenna towers.

      “APPLICANT.” A person or entity who is authorized by the provisions of these regulations to file for approval under these regulations.

      “APPLICATION.” The completed form or forms and all accompanying documents, exhibits, and fees required of an applicant by these regulations.

      “CELLULAR ANTENNA TOWER.” A tower constructed for, or an existing facility that has been adapted for, the location of transmission or related equipment to be used in the provision of cellular telecommunications services or personal communication services not considered a small cell tower.

      “CELLULAR TELECOMMUNICATIONS SERVICES.” A retail telecommunications service that uses radio signals transmitted through cell sites and mobile switching stations.

      “CO-LOCATION.” Locating two (2) or more transmission antennas or related equipment on the same cellular antenna tower or small cell system tower.

      “COMMUNICATION BASE STATION.” A structure or equipment at a fixed location that enables Federal Communications Commission-licensed or authorized wireless communication between user equipment and a communication network.

      “MONOPOLE.” A tower that consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connected appurtenances.

      “NON-TOWER WIRELESS COMMUNICATION FACILITIES.” Wireless

communications facilities other than tower-based wireless communications that are located on buildings, utility poles, and other existing structures.

      “PERSONAL COMMUNICATION SERVICES.” Commercial mobile services unlicensed wireless services, and common carrier wireless exchange access services as defined in 47 U.S.C. § 332(c).

      “RIGHT-OF-WAY.” The surface of and space above and below any real property in the municipality in which the federal government, Commonwealth, municipality, or municipal authority has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, bridges, or any other public place, area, or property under the control of the federal government, Commonwealth, municipality, or municipal authority.

      “SMALL CELL SYSTEM.” A network of remote antenna nodes that distributes radio frequency signals from a central hub through a high capacity signal transport medium to a specific area. The term includes mini commercial towers, small cells, distributed antenna systems, mini cell, or similar systems.

      “SMALL CELL TOWER.” Any structure under fifty (50) feet in height with an antenna or transmitter that is constructed for the sole or primary purpose of supporting any Federal Communications Commission-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. A pole originally installed for the primary purpose of supporting wireless telecommunications equipment, regardless of the timeframe between pole installation and connection/ implementation of transmission equipment, is considered a small cell tower, and is not a utility pole. The term “SMALL CELL TOWER” includes mini cell towers, distributed antenna system towers, micro cell towers, mini cell, or similar systems.

      “TRANSMISSION EQUIPMENT.” Equipment that facilitates transmission for any Federal Communications Commission-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wirelesses services such as microwave backhaul.

      “UTILITY.” Has the meaning as defined in KRS 278.010(3) as amended or supplemented from time to time.

      “UTILITY, OVERHEAD.” Utility infrastructure that is located primarily above ground. Overhead Utilities include but are not limited to power lines and communications lines.

      “UTILITY POLE.” A structure originally constructed for the support of electrical, telephone, cable television or other video services, street lighting, or other similar cables and located within the public right-of-way or Utility easements. A pole originally installed for the primary purpose of supporting wireless telecommunications equipment, regardless of the timeframe between pole installation and connection/implementation of transmission equipment, is considered a small cell tower, and is not a utility pole.

      “UTILITY, UNDERGROUND.” Utility infrastructure that is located primarily underground. For purposes of these regulations, utilities include but are not limited to water lines, sanitary sewer lines, storm sewer lines, culverts, natural gas lines, power lines, and communications lines. This definition does not include electric transformers, switch boxes, telephone pedestals and telephone boxes, traffic boxes, and similar devices which are ground mounted.

      “WIRELESS COMMUNICATIONS FACILITY.” The set of equipment and network components including antennas, transmitters, receivers, communication base stations, cabling, and antenna or related equipment, used to provide wireless data and telecommunication services.

   C.   Public notification.

      1.   At least one public hearing on the proposal shall be held by the Planning Commission for the construction of a new or modified cellular antenna tower. As part of this hearing, the Planning Commission shall review the proposal for consistency with the Comprehensive Plan, Zoning Ordinance and other relevant regulations.

      2.   Upon holding such hearing, the Planning Commission shall review and take final action on applications for new cellular antenna towers within sixty (60) days of a completed application, or within a date otherwise specified in a written agreement between the Planning Commission and the applicant. This time period will not begin until the filing fee is submitted and the application is deemed complete. The Planning Commission shall notify the applicant once the application is deemed complete and provide the deadline for the review period. The Planning Commission shall either approve, approve with conditions, or deny the application. If the Planning Commission does not make a final decision within the required sixty (60) days, or the date specified in the written agreement, the application shall be deemed to be approved as submitted. The Planning Commission shall submit to the applicant and the local zoning administrator, along with its action, the bases for the decision.

   D.   Application process and design standards: this article defines the application process and basic design standards required by the Planning Commission for:

      1.   Cellular antenna towers; and

      2.   Small cell system towers.

   D1.   Cellular antenna towers.

      D1A.   Application requirement.

         1.   application for a cellular antenna tower shall conform to the requirements as set forth in KRS 100.9865 and KRS 100.987 on a form prescribed by the Planning Commission.

         2.   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 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. All Applicants shall be required to make a reasonable attempt to co-locate and shall provide the Planning Commission with supporting documentation of its efforts to co-locate.

      D1B.   Permitted locations: Cellular antenna towers and support facilities are permitted in all zoning districts. Whenever possible, cellular antenna towers, whether temporary or permanent, shall be sited at locations that minimize their adverse effect on adjoining properties and residential uses in the immediate area. Non-preferred locations - the following locations shall be avoided unless no other reasonable site is available:

         1.   No cellular antenna tower shall be located in a residential zoning district unless the Planning Commission determines that no other reasonable site is available that meets the applicant’s or wireless provider’s coverage objectives.

         2.   No cellular antenna tower shall be located in or within a quarter mile (1,320 feet) of a Historic Landmark/Historic District Overlay District (H) or within a quarter mile of a National Register District or Property unless the Planning Commission determines that no other reasonable site is available that meets the applicant’s or wireless provider’s coverage objectives.

         3.   No cellular antenna tower shall be located within a Kentucky Scenic Byway as designated by the State of Kentucky or its view shed, so as to have a negative impact on the scenic qualities of the roadway and the views from the roadway unless the Planning Commission determines that no other reasonable site is available that meets the applicant’s or wireless provider’s coverage objectives.

      D1C.   Design guidelines:

         1.   Tower Design:

            a.   Stealth towers (such as clock towers, church steeples, flagpole towers, and the like with concealed antennas) shall be permitted in all zoning districts.

            b.   Monopole towers shall be permitted in all zoning districts and shall have a grey, or galvanized steel finish. The monopole and foundation shall be designed to accommodate as many co-locators as possible. An alternate color may be approved by the Planning Commission based upon site conditions.

            c.   Lattice towers shall be permitted in non-residential zoning districts and shall have a grey or galvanized steel finish. The lattice tower and foundation shall be designed to accommodate as many co-locators as possible. Lattice towers shall only be permitted when the tower height is greater than 199 feet.

            d.   Guyed towers shall be permitted in agricultural zones only and shall have a grey or galvanized steel finish. The guyed tower and foundations must be designed to accommodate as many co-locators as possible. Guyed Towers shall only be permitted when the tower height is greater than 199 feet.

         2.   Tower heights:

            a.   The overall height of a cellular antenna tower in a residential zone shall be limited so it does not have to be lit or marked per FAA standards.

            b.   The overall height of a cellular antenna tower in a non-residential zone (except agricultural zones) shall be limited to 199 feet.

            c.   The overall height of a cellular antenna tower in an agricultural zone shall be limited to 315 feet.

         3.   Setback requirements:

            a.   Cellular antenna towers shall be setback a minimum of one (1) times the tower height (tower, antennas and lightning rod) from any public or private street.

            b.   Cellular antenna towers shall be setback a minimum of two (2) times the tower height (tower, antennas, and lightning rod) from any residence or residentially zoned property.

            c.   Cellular antenna towers shall be setback a minimum of one (1) times the tower height (tower, antennas, lightning rod) from agriculturally zoned property.

            d.   Cellular antenna towers shall be setback a minimum of one-fourth (1/4) the tower height (tower, antennas, lightning rod) from any non-residentially zoned properties (does not apply to agriculturally zoned properties).

            e.   All accessory structures associated with the cellular antenna tower shall be located as close to the tower base or tower legs as possible. All accessory structures and fences shall be located a minimum of fifty (50) feet from adjoining property lines.

         4.   Lighting: cellular antenna towers shall not be lit, except as required by the Federal Aviation Administration (FAA).

         5.   Access and parking:

            a.   If applicable, a proposed access point on a public street shall meet the applicable zoning ordinance and regulations regarding the number of curb cuts permitted on a property, spacing of driveways, and required sight distance.

            b.   The first twenty (20) feet of a proposed driveway (measured from the right-of-way line) that is used exclusively to access a cell tower site shall be paved.

            c.   One (1) parking space and/or turnaround area shall be provided immediately to the side of the cell tower compound.

         6.   Fencing and landscaping: a privacy fence, not less than eight (8) feet, shall enclose the base of the Cellular Antenna Tower and associated ground equipment. In addition, the outside perimeter of the fence compound (except the access gate) shall be bound on all sides by a ten (10) foot wide landscaping buffer.

         7.   Signage: no signs and/or commercial advertising shall be located on the cellular antenna tower, on the fence surrounding the tower and equipment, or on any buildings accessory to the cellular antenna tower, with the exception of signs providing ownership, safety, and emergency information.

         8.   Mitigating design standards: The Planning Commission shall consider the following mitigating design standards for cellular antenna towers proposed in residential zoning districts and other non-preferred locations.

            a.   The Planning Commission shall have the power to require a stealth tower in a residential zone or other non-preferred locations.

            Example Considerations:

               1)   Is the cellular antenna tower proposed at a location that minimizes adverse impacts on adjoining properties, residential uses, historic properties, or scenic byways?

               2)   Would a stealth tower design help mitigate these impacts and still allow the wireless provider(s) to fulfill their coverage objectives? If so, what type of stealth tower should be used?

               3)   How many wireless providers will be able to locate on the stealth tower? The applicant shall document the co-location opportunities on alternative stealth tower designs and a similarly sized monopole, lattice, or guyed tower.

            b.   The Planning Commission shall have the power to impose additional landscaping requirements, which may include trees, shrubs, and fencing designed to complement the character of the surrounding area.

            c.   Design and building materials standards may be imposed on accessory buildings.

            d.   Asphalt or other hard surface parking may be required to complement the character of the surrounding area.

      D1D.   Amendments to approved plans: any amendments to approved plans, except for the minor adjustments as outlined below, shall be made in accordance with the above procedures. The following activities shall be considered minor adjustments from the original approval of an application for towers not located in public rights-of-way. Changes are measured cumulatively from the original approval of the tower or communication base station.

         1.   Tower height increases of less than ten (10) percent or twenty (20) feet, whichever is less.

         2.   Support structure height increases of less than ten (10) percent or ten (10) feet, whichever is less.

         3.   New equipment extensions from a tower horizontally of less than twenty (20) feet or width of tower at elevation of change.

         4.   Structure or new item extensions on a non-tower wireless communication facility horizontally less than six (6) feet from existing structure.

         5.   The addition of four (4) or fewer new equipment cabinets within the boundaries of the leased/owned site.

         6.   Any excavation or deployment within the current boundaries of the leased/owned site and any access/utility easements.

         7.   Concealment elements of the tower are not defeated.

         8.   Activities that comply with all other conditions in any prior approval not related to the limits set forth above.

   D2.   Small cell system towers.

      D2A.   Application submittal: all proposed small cell systems, shall be subject to the review and approval of the Planning Commission’s duly authorized representative. The Planning Commission’s duly authorized representative may refer the application to the Planning Commission for action. One (1) application for multiple proposed towers within the same small cell system is encouraged whenever possible. Applications are limited to ten (10) towers per application. Multiple towers may only be included on a single application if they are located within the same city or unincorporated area of the county. 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. Applicants for the construction of small cell systems for cellular telecommunications services or personal communications services may choose to provide either the uniform application per KRS 100.9865 or in lieu of the uniform application, the following information should be submitted:

         1.   A written description and map showing the coverage area of the provider’s existing facilities in the general and site-specific areas that are the subject of the application.

         2.   A statement of the telecommunications objectives for the proposed location, whether the proposed facility is necessary to prevent or fill a gap or capacity shortfall in the applicant or provider’s service area, whether it is the least obtrusive means of doing so, and whether there are any alternative sites that would have fewer aesthetic impacts while providing comparable service.

         3.   A statement by an authorized representative that the applicant or provider holds all applicable licenses or other approvals required by the Federal Communications Commission, the Kentucky Public Service Commission, and any other agency of state or federal government with authority to regulate telecommunications facilities that are required in order for the applicant to construct the proposed facility.

         4.   A statement by an authorized representative that the applicant or provider is in compliance with all conditions required for such license and approvals.

         5.   A full description of the number and dimensions of all small cell towers proposed to be installed.

         6.   A site development plan, signed and sealed by a professional engineer registered in Kentucky, showing the proposed location of the tower and existing structures within five hundred (500) feet of the proposed site. For Applications in which multiple towers are proposed, an overall site development plan showing all proposed locations within a single city or unincorporated area must be provided.

         7.   A vertical profile sketch or drawing of the towers, signed and sealed by a professional engineer registered in Kentucky, indicating the height of the tower and the placement of all antennas and equipment enclosures. Written approval from the property owner stating the applicant or provider has permission to construct a facility on their property. In the case of public Right-of-Way or public property, written approval must be submitted from the duly authorized representative of the governing body holding ownership.

         8.   Photographs of view shed from each proposed tower location, taken in at least four directions.

         9.   Description of whether other overhead utilities exist within five hundred (500) feet of the proposed antenna location.

         10.   All Applicants shall be required to make a reasonable attempt to co-locate and shall provide the Planning Commission with supporting documentation of its efforts to co-locate.

      D2B.   Permitted location and design: the design criteria required for the new small cell systems is determined by the type of location or zoning district in which the facility is to be located.

         1.   Non-tower small cell system location: no administrative review is required for antennas locating on existing telecommunications structures, water towers, buildings, or other existing structures. These non-tower locations must adhere to all other applicable federal, state, and local zoning codes, building codes or permits.

         2.   New small cell system tower location and design in all zones:

            a.   Temporary, mobile or wheeled small cell towers shall not be permitted.

            b.   New small cell towers shall not exceed the maximum building height for the zoning district within which they are located.

            c.   New small cell towers shall be designed and constructed to accommodate a minimum of two (2) service providers.

            d.   New small cell towers may be located on public or private non-residential land or within a public right-of-way provided it does not interfere with other utilities, functionality of sidewalks, visibility, or other matters of public safety.

            e.   New small cell towers shall not be illuminated, except in accord with state or federal regulations, or unless illumination is integral to the stealth technology, such as a design intended to look like a street light pole.

            f.   New small cell towers shall not include advertisements and may only display information required by a federal, state, or local agency. Such display shall not exceed one (1) square foot in area, unless required by state or federal regulations, or unless a larger display is integral to the stealth technology. Such display shall not exceed the width of the pole, unless a wider sign is integral to the stealth technology such as a design which integrates a decorative banner.

            g.   If a new small cell tower is located in an area with primarily underground utilities, or where no adjacent overhead utility lines exist, it shall not utilize overhead utility lines.

         3.   New small cell system tower location and design in residential zones:

            a.   Facilities located within, or immediately adjacent to, residential zoning residential areas are strongly encouraged to be non-tower wireless communication facilities.

            b.   New small cell towers and antenna or related equipment shall be camouflaged by stealth technology. Examples of appropriate stealth technology for residential areas includes, at a minimum, towers with all cables, wires, transmission equipment, electric meters, power equipment, etc. installed inside the small cell tower. Other types of stealth technology may be approved by the Planning Commission or its duly authorized representative.

            c.   All poles and antennas shall be uniform grey or black in color, unless another color is integral to the stealth technology as approved by the Planning Commission or its duly authorized representative.

            d.   The use of cooling fans is discouraged. When needed, fans with lower noise profiles must be used.

            e.   New small cell towers should avoid areas without overhead utilities. If a small cell tower is located in an area with primarily underground utilities it must adhere to stealth technology that incorporates the telecommunications equipment into a streetscape amenity such as a decorative lamp post, street light or other approved design. In areas with overhead utilities, cylindrical antennas are required.

            f.   In residential areas, a small cell tower shall not be located closer than the height of the proposed tower to an existing or proposed residential structure, or no closer than thirty (30) feet, whichever is greater.

            g.   Efforts should be made to locate new small cell towers in the yard location where other overhead utilities are located.

            h.   New small cell towers within residential areas should be located to avoid obstructing the view of building facades by placing the tower at a corner, intersection or along a lot line.

            i.   New small cell tower shall not be located within five hundred (500) feet of an existing small cell system tower. Multiple carriers are permitted and encouraged to locate on one tower, where possible.

            j.   Reasonable efforts shall be made to locate new Small Cell Towers in the order of hierarchy below, based on the following functional roadway classification:

               1)   Interstate.

               2)   Arterial.

               3)   Collector.

               4)   Local.

         4.   New small cell system tower location and design in non-residential zones:

            a.   In instances where a facility is proposed to be constructed in the right of way within one hundred (100) feet of a residential zone or use, even if the antenna’s physical location is within a non-residential zone, regulations for a residential zone shall be followed.

            b.   In instances where an antenna is proposed to be constructed within a historic or commercial district with established public or private design control measures, regulations for a residential zone shall be followed. Efforts shall be made to adhere to any established design control measures or existing furnishing or fixture styles within the district.

            c.   Antennas in commercial, institutional, or park areas are encouraged to be installed as non-tower wireless communication facilities.

            d.   Reasonable effort shall be given to locate new equipment based upon the following hierarchy of zones and land uses:

               1)   Co-locate on an existing structure whenever possible.

               2)   Institutional.

               3)   Industrial.

               4)   Commercial.

               5)   Public parks.

               6)   Agricultural.

            e.   Equipment enclosures, including electric meters, should be nearly the same width as the pole or as small as possible. Ground mounted equipment boxes should be screened from view with shrubs or other appropriate screening as approved by the Planning Commission or its duly authorized representative.

            f.   Shrouds, risers, and conduits shall be used to reduce the appearance of external cabling.

            g.   All poles, antennas, brackets, cabling, risers, shrouds, and conduits shall be uniform grey or black in color, or other color as approved by the Planning Commission or its duly authorized representative.

            h.   Cylindrical antennas shall be required, unless another antenna style is integral to the stealth technology as approved by the Planning Commission or its duly authorized representative.

            i.   There shall be no more than a four (4) inch offset between the pole and pole mounted equipment enclosures.

      D2C.   Amendments to approved plans: Any amendments to approved plans, except for the minor adjustments as outlined below, shall be made in accordance with the above procedures subject to the same limitations and requirements as those under which such plans were originally approved. The following activities shall be considered minor adjustments from the original approval of an Application for towers located in public rights of way. Changes are measured cumulatively from the original approval of the tower or communication base station.

         1.   Tower height increases by less than ten (10) percent or ten (10) feet, whichever is greater.

         2.   Change in the tower width of less than ten (10) percent or six (6) feet, whichever is greater.

   E.   Waiver of requirements: the Planning Commission can modify or waive the design guidelines if there are special circumstances or conditions as determined by the Planning Commission.

(Ord. 2017-6, passed 4-4-17)

   A.   No person shall control, operate, conduct, maintain or manage any tattoo or body-piercing establishment or shall perform tattooing or body piercing on any person without complying with the requirements of this section. Failure to comply with any government regulation, health regulation, or zoning condition may result in the use being deemed non-conforming and result in the revoking of the occupancy permit and/or conditional use permit.

   B.   No person shall control, operate, conduct or manage any tattoo or body-piercing establishment, whether or not actually performing the work of tattooing or body piercing, without first obtaining a permit from the Northern Kentucky Independent Health District.

   C.   State regulations: the Kentucky Administrative Regulations provides guidance regarding the operation of tattoo and body piercing establishments. The Northern Kentucky Independent Health District administers these requirements and will conduct physical inspections to ensure compliance. Licenses will be required for each individual tattoo artist.

   D.   The Kentucky Administrative Regulations (902 KAR 45:065, 45:070) establishes rules regulating the construction, operational, and sanitation practices of tattoo parlors to ensure services are provided in a safe and effective manner.

   E.   When permitted as a conditional use, it may also be determined that a particular intensity of the use or accessory structure/use is unsuitable for the neighborhood environs. Addition and change to numbered-list format.

(Ord. 2017-5, passed 4-4-17)

   Development standards of this section are intended to encourage infill development and to ensure that such development is compatible with the physical character of the neighborhood in which it is located.

   A.   Applicability.

      1.   The Infill Development standards of this section apply in all residential (R) zones to all new residential buildings located on blocks where 50 percent or more of the lots along both sides of the street are occupied by existing buildings.

   B.   Compliance with Lot and Building Standards.

      1.   Residential infill development must comply with the area and height regulations for the zone in which it is located, unless otherwise expressly indicated.

   C.   Review Procedure.

      1.   Projects subject to the residential infill standards of this section must be reviewed according to the Building Permit procedure of Section 16.2. Waivers or modifications of residential infill development standards may be approved only through the Design Review procedures of Section 9.30.

   D.   Front Setbacks.

      1.   Buildings subject to these residential infill development standards must comply with the contextual front setback standards of this section.

      2.   Contextual front setbacks must be at least as deep as the average front setback that exists on the two lots on both sides of the subject lot, in accordance with the following rules:

         a.    Lots that front on a different street than the subject lot or that are separated from the subject lot by a street may not be used in comp uting the average (Figure 1)

         b.   When the subject lot is a corner lot, the average setback will be computed on the basis of the 2 nearest developed lots that front on the same street as the subject lot (Figure 2 and 3);

         c.     When the subject lot abuts a corner lot fronting on the same street, the average setback will be computed on the basis of the abutting corner lot and the nearest 2 lots that front on the same street as the subject lot (Figure 4); and

         d.    The setback of vacant lots is assumed to be the front setback required by the area and height regulations of the locations respective zoning regulation in Article X (Figure 5)

   E.   Height.

      1.   Buildings subject to these residential infill development standards are required to comply with the following contextual height standards.

      2.   Building heights may not exceed and may be no more than 15% less than the average height of buildings on 50 percent or more of the lots along same side of the street on the same block.

         a.   Lots that front on a different street than the subject lot or that are separated from the subject lot by a street may not be used in computing the average.

         b.   When the subject lot is a corner lot, the average height will be computed on the basis of buildings on the two nearest developed lots that front on the same street as the subject lot.

         c.   When the subject lot abuts a corner lot fronting on the same street, the average height will be computed on the basis of the building on the abutting corner lot and the buildings on the nearest two lots that front on the same street as the subject lot.

   F.   Building Entrances.

      1.   At least one building entrance must face the street and be directly accessible from the sidewalk except on lots that are 25 feet or less in width.

      2.   Porches must be provided when 50 percent or more of existing buildings on the block face have porches.

      3.   On multi-unit buildings, entrances must be emphasized through architectural features, such as porches, transom and sidelight windows, decorative trim, and/or arches.

   G.   Parking and Garages.

      1.   Parking and garages that are provided on-site shall meet the following requirements:

         a.   Lots with access to an improved alley must use the alley for vehicle access. No new curb cuts from the street or street-facing garages are permitted on lots that have access to an unproved alley.

      b.   Street-facing garage doors may comprise no more than 40 percent of the width of the front facade of the building. All street-facing garage doors must be recessed at least five feet from the front facade of the building. The intent of these standards is to prevent garages from being the dominant visual feature on the front of the building.

         c.   When street-facing garages are allowed, they must be setback at least 20 feet from the front property line and at least five feet from the front facade of the building. Doublewide garages doors may not be used on street-facing garages. Two-car garages must use two single-side garage doors. Driveways leading from the street may not exceed 12 feet in width.

      2.   Parking that is provided off-site shall be approved only through the Design Review procedures of Section 9.30.

   H.   Windows and doors. Windows and doors that allow views from the building to the street must comprise at least 15 percent of the street-facing facade of the building.

(Ord. 2022-3, passed 3-15-22)

   A.   Applicability. Design review procedures are applicable to:

      1.   Applications for waivers or modifications of the Residential Infill Development Standards of Section 9.29.

      2.   Applications for demolition, erection, physical expansion, or exterior remodeling of building or premises, including accessory uses or appurtenances to the principal use, in Residential zones.

   B.   Application.

      1.   An application for design review must be filed by the owner of the subject property or the owner’s authorized agent.

      2.   Application must be filed with the Zoning Administrator.

    C.   Waiver or modification of residential infill development regulations.

      1.   Every application for waiver or modification of the residential infill development standards of Section 9.29 must be accompanied by drawings that contain sufficient information to enable the Infill Development Review Board to determine whether the plans meet the review and decision-making criteria of Section 9.30. These plans and drawings must indicate all proposed buildings and other site improvements. As used herein, “drawings” mean site plans, elevations, and/or perspectives drawn at a scale with sufficient detail to show the exterior appearance of proposed buildings and structures and location of existing and proposed improvements on the site. These drawings must include the following information:

         a.   Existing and proposed principal and accessory buildings, including location, dimensions, and height;

         b.   Front building elevations (facing the street), including dimensions and locations of doors, windows, garages, porches, and other architectural features;

         c.   Access points and off-street parking spaces;

         d.   Driveways, sidewalks, walkways, terraces, and other paved surfaces;

         e.   Accessory structures, including walls, fences, lighting, signs, and other site improvements;

         f.   Existing and proposed landscape areas and materials, if proposed to be altered;

         g.   All properties immediately adjacent to the site must also be included in the site plan; a site section and/or site elevations, including any adjacent properties, may be required.

      2.   An application for design review is not considered complete until all illustrative material necessary to adequately describe the proposed project has been submitted to the staff. The Infill Development Review Board may refuse to consider an application for design review if it judges that insufficient information has been provided by the applicant.

      3.   Infill Development Review Board action.

         a.   The Infill Development Review Board must review complete applications for design review that have been received by the staff 10 or more business days prior to each regular meeting. The applicant must be informed of the time and place at which the Infill Development Review Board will consider the application and the applicant will be heard.

         b.   Following the Infill Development Review Board’s review, it must take final action, by simple majority vote, on applications for design review, based on the review and decision-making criteria of Section 9.31.

         c.   In acting on an application for design review, the Infill Development Review Board is authorized to approve, approve with modifications or conditions, or disapprove the application. Where necessary, the Infill Development Review Board may recommend a variance be requested from the Board of Adjustment. Any recommendation by the Infill Development Review Board for approval that requires a variance from the Board of Adjustment must be conditioned on the granting of the variance to the applicant.

         d.   If the Infill Development Review Board approves an application, it must be signed by the duly authorized representative on behalf of the Chairperson or Vice-Chairperson, and transferred to the office of the Zoning Administrator and Building Inspector. All prints and other documents approved by the Infill Development Review Board must be stamped accordingly. The Zoning Administrator or Building Inspector must thereupon process the application in the usual manner.

         e.   If the Infill Development Review Board disapproves an application for a waiver or modification, it must state its reason for doing so and must transmit a record of such action and the reasons therefor in writing to the Zoning Administrator and Budding Inspector and to the applicant. No further action may be taken by the Zoning Administrator or Building Inspector on the application. The applicant may modify the application to make it acceptable to the Infill Development Review Board and has the right to resubmit the application at any time.

         f.   Any action taken by the Infill Development Review Board on applications must be forwarded as a written recommendation to the City Council within 14 days. The basis for the recommendation and any conditions thereto are to be included.

         g.   The Infill Development Review Board must act within 60 days of receipt of a complete application. The failure of the Infill Development Review Board to approve or disapprove such application within such time, unless otherwise mutually agreed by the applicant and the Infill Development Review Board, will be deemed to constitute disapproval and the issue will be considered to have been resolved. The applicant has the right to resubmit another application at any time.

         h.   Approval of an application for design review does not exempt the applicant from complying with ah of the requirements of this Zoning Ordinance, the Building Code, the Housing Code, and other ordinances and regulations of the city.

(Ord. 2022-3, passed 3-15-22)

   These guidelines and review criteria must be used by the Infill Development Review Board in considering all applications for design review:

   A.   Whether the proposal respects the character of the neighborhood or business district, reinforcing its identity through design that is sympathetic to the architectural context of the surrounding area in terms of massing, form, materials, texture, scale and architectural treatment;

   B.   Whether the front building elevations (facing the street) and the overall massing of the building emphasize human scale and the pedestrian environment;

   C.   Whether the proposed building has been designed to form part of a larger composition of the surrounding area by being of similar scale, height, architectural treatment, and orientation;

   D.   Whether building silhouettes (scale and pitch of rooflines) are consistent with the context created by nearby buildings;

   E.   Whether the proportion of windows, bays, and doorways is consistent with the context created by nearby buildings;

   F.   Whether the proposed development uses lighting and related structures as an integrated element in landscaping, architectural treatment, and pedestrian environment.

(Ord. 2022-3, passed 3-15-22)