Effective on: 1/1/1901

Effective on: 1/1/1901

1. The standard for which the modification can be granted must be a quantifiable and measurable standard set forth in the Ordinance. Such standards may include, but are not necessarily limited to, height requirements and limitation, yard requirements, screening or buffer requirements, planting requirements, ratio requirements, spacing requirements, and other similar measurable and quantifiable standards. These modifications do not apply to the required number and size of parking spaces, lot size and density, and signage requirements.
2. The Zoning Administrator shall grant such modification only after the requesting party has demonstrated that such minor deviation was a result of an unintended error or unique conditions of the property, does not and will not violate the spirit and harmony of this Ordinance, and does not and will not adversely affect the rights of other property owners in any material manner.
3. The minor administrative modification may not deviate by more than 10 percent of any of the standards for which the modification is given, unless more specifically specified in Section 5.04, Standard Administrative Modifications.
4. The Zoning Administrator, in considering the administrative modification request, may approve, approve with conditions, deny, or determine that an application is required to the Board of Adjustment for their consideration. If the administrative modification is denied by the Zoning Administrator, the applicant may appeal the decision to the Board of Adjustment in accordance with the appeal provisions listed elsewhere in this section. Neither a denial of an administrative waiver nor an unsuccessful appeal to that denial prevents the applicant from seeking a variance to the standard.

Effective on: 1/1/1901

1. 2. For the purposes of determining the average front yard setback, a proposed new road shall not be considered an interruption in the existing block front.

2. Exceptions to Lot Requirements
   1. Where existing or proposed developments are to be subdivided, the minimum area and yard requirements may be less than required by this Ordinance provided that:
      1. A community association or other responsible entity is established prior to the approval by the planning commission of any subdivision of land. The “association” shall be obligated and empowered to own, operate, and maintain all common areas including such items as open space, recreational facilities, access drives, parking areas, pedestrian walkways, etc., and all facilities constructed thereon.
      2. In addition, the requirement that all lots abut a minimum frontage along a dedicated right-of-way may be waived provided that those lots that do not abut a dedicated right-of-way are assured an unencumbered and maintained accessway by the association to a dedicated right-of-way.
      3. The overall density of the development does not exceed the maximum density allowed by the zoning district.

3. Landscape
   1. Landscape modifications are permitted as regulated by Section 7.07, G.

Effective on: 1/1/1901

Effective on: 1/1/1901

3. Cul-de-sac and Curved Lots

   The front setback shall be measured parallel to the arc of the street right-of-way and follow the same arc that the front lot line forms.

4. Setbacks on Corner and Double/Multiple Frontage Lots

   On lots having frontage on more than one street, the minimum front yard depth shall be provided on at least one street frontage, with the other frontage(s) having a minimum of one-half the required minimum front yard depth, except that when the lots abut an arterial street, as herein defined, the minimum front yard depth shall be provided each street.

Multiple Frontage Lot

5. Rear Setbacks on Triangular or Wedge Shaped Lots

   In the case of a triangular or wedge-shaped lot, the required rear setback shall be measured from a line ten feet in length that intersects with both side property lines and is parallel to and at the maximum distance from the front facade of the principal structure.

6. Lot Width

   The minimum lot width shall be the lot width measured along the front setback line.

Effective on: 1/1/1901

1. On a plan view of a property, front yard setback line(s) shall be drawn (Line A on illustration). Corner lots, double frontage lots, and multiple frontage lots will have more than one front setback line.
2. Parallel to the dominant front façade, draw lines extending from the lateral-most corners of the front of the building to the lot line(s) or front yard setback line(s), whichever is closest (Lines B on illustration).
3. Parallel to the dominant front façade, draw lines extending from the lateral-most corners of the rear of the building to the lot line(s) or front yard setback line(s), whichever is closest (Lines C on illustration).
4. All area in front of the front façade of the building, all areas in front of Lines B, and all areas street-ward of the front yard setback line(s) (Line A) shall be considered front yard (Area D on illustration).
5. All areas to the side of the building and between Lines B and Lines C shall be considered side yard (Area E on illustration).
6. All areas to the rear of the rear façade of the building and all areas to the rear of Lines C shall be considered rear yard (Area F on illustration).
   

Effective on: 1/1/1901

1. Building Features
   1. Structural features such as overhangs, bay windows, window wells, and residential chimneys may encroach up to two feet into the district setbacks.
   2.  A porch or similar structure that does not rise above the height of a structure's first story floor may extend beyond the established district setbacks or build-to-line up to a maximum of five feet. When located in the rear yard these structures are permitted to extend into the rear setback up to 50 percent or five feet, whichever is greater.

2. Mechanical Equipment and Utility Lines
   1. Residential uses may have mechanical equipment extend into rear and side yards provided a three-foot buffer remains between this extension and any lot line.
   2. All other utility equipment may extend into any property setbacks. These could include power lines, hydrants, transformers, etc.
3. Height Exemptions

   Height limitations of this Ordinance shall not apply to such things as church spires, utility towers, solar panels, chimneys, smoke stacks, and necessary mechanical equipment, provided their construction is in accordance with all other City ordinances and is acceptable to the Federal Aviation Agency and the Federal Communication Commission.

4. Small Accessory Structures

   Accessory structures less than 120 square feet may be placed within the side or rear setback not less than five feet from a property line.

5. Other Permitted Setback Encroachments
   1. Walls and perimeter fencing as regulated in Section 7.06, Fences and Walls.
   2. Sidewalks, multi-use paths and other pedestrian amenities.
   3. Driveways and other vehicular access points provided they are setback one foot from the property line which they run approximately parallel to. A common driveway may abut or extend over a property line to serve two or more lots as provided for in accordance with the subdivision regulations for incorporated and unincorporated Kenton County.
   4. Landscaping as regulated by Section 7.07, Landscaping, Screening, and Buffers.
   5. Flag poles that don't exceed the max height of the zone, or 40 feet if the zone does not have a maximum height.

[Ord. No. 2023-02, Adding a setback for driveways and height limit for flag poles, 03/20/2023] 

Effective on: 3/20/2023

1. 2. The average grade of a property is measured by calculating the average of the highest and lowest elevations along the building façade facing the primary street.
   3. When a property slope decreases away from the front setback an additional story shall be permitted under the measured average grade.
   4. If a floor of a building is more than 50 percent covered by the finished grade, this floor is not measured in the overall height of the building.

Effective on: 1/1/1901