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Fort Wright City Zoning Code

ARTICLE 1

Purpose and Scope

1.01 Title

This Ordinance shall be known as the “Zoning Ordinance for the City of Fort Wright, Kentucky.” It may be referred to as the Zoning Ordinance or this Ordinance.

Effective on: 1/1/1901

1.02 Authority

The City Council of Ft. Wright, Kentucky, pursuant to the authority established by the Kentucky Revised Statutes (KRS 100 and KRS 151.230) hereby enacts into law the following articles and sections.

Effective on: 1/1/1901

1.03 Intent and Purpose

The zoning regulations and districts established in this Ordinance have been prepared in accordance with the adopted Kenton County comprehensive plan to promote the public health, safety, morals, and general welfare of the City, to facilitate orderly and harmonious development and the visual or historical character of the City, and to regulate the density of population and intensity of land use in order to provide for adequate light and air. This Ordinance has been prepared to facilitate fire and police protection; to prevent the overcrowding of land, occurrence of blight and congestion in the circulation of people and commodities; to protect public health and safety and prevent the loss of life, health, or property from fire, flood, or other dangers; and to protect highways and other transportation facilities, public facilities including schools and public grounds, business districts, natural resources and other specific areas of the City in need of special protection.

Effective on: 1/1/1901

1.04 Jurisdiction

This Ordinance generally governs the use of land within the City limits, regulating the location, height, number of stories and size of buildings and other structures; regulating the size of yards and other open spaces and the density and distribution of population and the uses of buildings, structures and land; providing for enforcement of this Ordinance; establishing a Board of Adjustment and repealing all regulations, resolutions, orders, ordinances and codes in conflict with this Ordinance. This Ordinance applies to all private and public lands, except for those exempted by KRS 100, all uses on those lands, and all structures and buildings over which the City has jurisdiction under the laws of the state or pursuant to statutorily established powers.

Effective on: 1/1/1901

1.05 Interpretation and Scope

  • A.
      Greater Restriction

    The provisions of this Ordinance shall be the minimum requirements for the promotion of the public health, safety, morals, and general welfare. Wherever the requirements of this Ordinance conflict with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards shall govern. Whenever the requirements within this Ordinance conflict, the most restrictive, or that imposing the higher standards shall govern.

  • B.
    Permit or License in Violation

    If any permit or license is issued in violation of any provision of this Ordinance, or authorizes an act not permitted by any provision of this Ordinance, the permit or license shall be void despite the requirements or intent of any other provisions of this Ordinance or those of any other ordinance, rule, code, permit, or regulation of the City.

  • C.
    Rules for Interpreting Zone Boundaries

    Rules for interpretation of zone boundaries shown on the Official Zoning Map are as follows:

    1. 1.
      Boundaries approximately following the rights-of-way of a street, alley, or other public way, shall be construed to follow such rights-of-way lines. When rights-of-way are officially vacated, the zones bordering the rights-of-way shall be extended out to the former centerline of vacated rights-of-way.
    2. 2.
      Boundaries approximately following platted lot lines shall be construed as following such lot lines.
    3. 3.
      Boundaries approximately following political boundary lines shall be construed as following such boundary lines.
    4. 4.
      Boundaries approximately following the rights-of-ways of railroad lines shall be construed as following such lines.
    5. 5.
      Boundaries approximately following the centerlines of streets, streams, rivers, ditches, gullies, ravines, or other bodies of water shall be construed to follow such centerlines.
    6. 6.
      Boundaries approximately following a topographic elevation, determined by the scale of the map, shall be construed as following such ground elevation lines.

    • Effective on: 1/1/1901

    1.06 Official Zoning Map

    The zones are defined as shown on the map entitled “OFFICIAL ZONING MAP OF THE CITY OF FORT WRIGHT, KENTUCKY” and shall remain on file in an electronic format in the offices of the Planning and Development Services of Kenton County (PDS) and be made available online in an appropriate format for reference by the general public. PDS staff shall serve as the official record holder of the Official Zoning Map for the City. However, the City has the duty to keep records and actions of their activities and provide a copy to PDS staff.

    Effective on: 1/1/1901

    1.07 Zoning Map Rules & Interpretations

  • A.
     Changes to the Zoning Map

    Where zone boundaries are amended in accordance with the provisions of this Ordinance and Kentucky Revised Statutes, such changes shall be made on the Official Zoning Map promptly after the amendment has been approved by the legislative body. PDS shall be provided a signed copy of the amendment to this Ordinance, including legal description, and any approved Concept Development Plan so that the Official Zoning Map may be altered to reflect the change approved. No changes of any nature shall be made on the Official Zoning Map which do not conform with the procedures set forth in this Ordinance.

  • B.
    Interpretations

    The Official Zoning Map located in the office designated by this Ordinance shall be the final authority in determining the current zoning status of land, buildings, and other structures in the City of Ft. Wright,  Kentucky.

    • Effective on: 1/1/1901

    1.08 Zoning of Annexed Areas

    When an area is annexed into or otherwise becomes a part of the jurisdiction, the legislative body may elect to amend its comprehensive plan and zoning map prior to adoption of the ordinance of annexation or transfer consistent with the requirements set forth in KRS 100.209. If the legislative body does not elect to follow those procedures, the newly annexed or transferred territory shall remain subject to the same land use restrictions that applied to it prior to the annexation or transfer until those restrictions are changed by a zoning map amendment.

    Effective on: 1/1/1901

    1.09 Omissions

    In any case where property within the jurisdiction has not been included within a zone, either through error or omission, such property shall be officially included in the Conservation (CO) Zone until otherwise classified.

    Effective on: 1/1/1901

    1.10 Severability

    Should any article, section, subsection, sentence, clause, or phrase of this Ordinance, for any reason, be held unconstitutional or invalid, such decision or holding shall not affect the validity of the remaining portions of this Ordinance. It is the intent of the City Council of Fort Wright, Kentucky, to enact each section and portion individually, so that each section stands alone, if necessary, and remains in force regardless of the determined invalidity of any other section or provision.

    Effective on: 1/1/1901

    1.11 Repeal of Existing Code

    The pre-existing City Zoning Ordinance, as amended, is expressly repealed; provided that nothing in this Ordinance shall be construed to affect any suit or proceeding pending in any court, any rights acquired, or liability incurred, any permit issued, or approval granted, or any cause or causes of action arising prior to the enactment of this Ordinance. All ordinances or parts of ordinances and all resolutions or parts of resolutions which are inconsistent because of references contained in the pre-existing Zoning Ordinance shall, as nearly as possible, be construed to reference this Ordinance moving forward.

    Effective on: 1/1/1901

    1.12 Effective Date

    The Ordinance shall take effect upon adoption by the City Council of Fort Wright, Kentucky.

    Effective on: 1/1/1901