In all cases where ownership of land is divided for the purpose of eventual development of lots of any kind; residential, commercial or industrial, the Flatwoods Subdivision Regulations, adopted by the city, and amendments thereto, shall apply in addition to the provisions of this zoning ordinance.

Any lot which has been recorded in the office of the Greenup County Court Clerk or any lot illustrated on an active preliminary plat approved as of the effective date of this ordinance shall be classified and treated as a lot of record. Lots of record may be built upon even though they do not meet the lot width and/or lot area requirements set forth for the zone in which they are located. Lots of record shall meet all other set-back, use, and development requirements set forth for the zone in which they are located.

Where any requirement of this ordinance results in a fraction of a unit, a fraction of five-tenths (0.5) or greater shall be treated as a whole number and a fraction less than five-tenths (0.5) shall be treated as a zero.

In no case shall there be more than one (1) principal building and its accessory buildings on a lot unless a planned building group of PUD has been approved in accordance with the procedure found herein. Residential properties shall have a principal structure in place prior to the construction of any-accessory structure.

No lot shall be reduced or subdivided in a manner which results in any open space, landscaping, set-backs or lot area to be smaller than the minimum required under this ordinance.

No incidental portion of any building in any zone shall extend any farther than eighteen (18) inches into any required dimensional set back; including, but limited to: Porches, attached walls, eaves, attached chimneys, gutters, and carports. Steps (forty-eight (48) inch maximum width) may be permitted to extend up to thirty-six (36) inches into any dimensional set-back.

Planned unit development plan or planned building group plan shall run with the land and be binding on the owner and applicant, their successors, heirs, or assignees unless the plan has been properly voided.

No materials or waste shall be deposited upon any lot in such form or manner that they may be transferred or are transferred off the lot by normal, natural causes or forces and shall not be allowed to pollute the air nor any water course, stream, lake or underground water supply.

All materials or waste which might cause fumes or dust or which constitutes a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.

All lots shall have guaranteed frontage of not less than fifty (50) feet to a private or public street. Said frontage shall vary by zone classification or the subdivision regulations for that lot.

In order to provide a clear view to motorist at all intersections, there shall be a triangular area of clear vision. Said triangle shall be formed by the two (2) intersecting lot lines which are adjacent to the street right-of-ways and a line connecting these two (2) lot lines. Said line shall start twenty-five (25) feet from the point of intersection of both lot lines, as illustrated below. Nothing shall be erected, placed, planted or allowed to grow in such a manner that will impede vision between the height of two and one-half (2.5) feet and ten (10) feet of the grade of the lots.

Special requirements for lots which have more than one (1) lot line adjacent to the street i.e., corner lots, double, triple, and quadruple frontage lots, and reverse frontage lots.

A.

Each of these special types of lots has been defined in the definition section of this ordinance.

B.

In the case of corner, double, triple and quadruple frontage lots, all yards adjacent to streets shall be defined and treated as front yards. Any remaining yards shall be defined and treated as side-yards. There shall be a reduction allowed of ten (10) feet in the amount of setback required for the secondary street.

C.

In the case of reverse-frontage lots, the yard adjacent to the street to which there is no access shall be defined and treated as a rear-yard.

D.

Corner lots have two (2) front yards, one (1) side yard and one (1) rear-yard. The location of the rear and side-yard shall be established in accordance with the orientation of the structure i.e. rear-yard to the rear of the structure, side-yards to the side of the structure. In the case of angles placement of a structure upon a corner lot there shall be one (1) side-yard and one (1) rear-yard that met the minimum requirement for same. However, the location of the area to be defined as the rear and as the side-yards shall be at the option of the city zoning officer.

In the following zones: Agricultural, Residential 1, Residential 2, Commercial, Highway Commercial District & Highway Commercial Inclusive, accessory structures may be located to the rear of the principal structure as long as the listed conditions are met and all other applicable building code restrictions are met:

A.

Shall not be placed any closer than five (5) feet from any property line.

B.

Not to be located in a front-yard but permitted in side-yard subject to (A) above.

C.

Not to be allowed in easement areas unless the applicant has the written approval from the organization for whom the easement has been reserved to place the accessory building within the easement area.

With respects to manufactured homes, accessory structures shall meet the conditions set forth in subsection 300.13.A; in addition, they shall not be placed any closer than five (5) feet to another manufactured home or vacant manufactured home stand.

See Article XIX for the planned unit development (PUD) standards.

In the industrial zone, accessory structures may be located in any location to the rear of the principal structure as long as the following conditions are met

A.

Shall not be placed any closer than ten (10) feet from any property line.

B.

Not be located in a front-yard but permitted in side-yard subject to (A) above.

C.

Not to be allowed in easement areas unless the applicant has the written approval from the organization for whom the easement has been reserved to place the accessory structure within the easement area.

Minimum total gross habitable floor area to be contained in each principal dwelling unit shall be as follows:

Habitable floor area shall include rooms in the ground and upper stories of a structure which have a ceiling clearance of seven (7) inches over at least fifty (50) percent of the room area and no area less than five (5) feet, at least one (1) electrical outlet, the ability to be adequately heated and have adequate entrance and exit ways.

Two-thirds (⅔) of the total gross floor area shall be contained on at least one (1) of the ground level floors.*

*Note: Bi- and tri-level designs may be granted a variance from this standard if the total required square footage is provided and the design is approved by the board of adjustment.

Structures existing as of the effective date of this ordinance may be expanded in accordance with the set-backs (distance from property lines) of the existing structure, even though the existing structure might violate the required dimensional set-backs. However, the following conditions shall prevail:

In no case shall an addition to a structure be built any closer than five (5) feet from any lot line without first applying for and receiving the dimensional variance from the board of adjustment. In no case shall an addition to a structure be built in such a manner that it will infringe upon or impede the function of any recorded easement.

Fences are allowed in the following zones: Agricultural, Residential 1, Residential 2, Commercial, Highway Commercial District, and Highway Commercial Inclusive.

Fences up to six (6) feet in height may be built along any side-yard or rear-yard.

Fences exceeding six (6) feet and above shall be considered an accessory structure.

No wire fences, excluding chain link fences are allowed unless approved by the board of adjustment.

Fences are not allowed in easement areas unless the applicant has the written approval from the organization for whom the easement has been reserved to construct the fence within the easement area.

No fences allowed within a planned unit development (PUD) unless the location, height, and material has been approved by the board of adjustment.