Franklin County Unincorporated
City Zoning Code
City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 155.025 GENERALLY.
The Planning Director and/or Zoning Enforcement Officer of the county shall administer and enforce this chapter, except as otherwise provided herein.
(A) The Zoning Officer shall promptly investigate complaints of violations and report his or her findings and actions to complaints. He or she shall use his or her best efforts to prevent violations and to detect and secure the correction of violations.
(B) If the County Office of Planning and Zoning finds any of the provisions of this chapter are being violated, it shall notify in writing, the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it.
(C) The County Office of Planning and Zoning orders: discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of illegal additions, alterations or structural changes; discontinuance of any illegal work being done.
(D) He or she shall take or cause to be taken any other action authorized by this chapter to ensure compliance with, and prevent violations of, the provisions thereof.
(Ord. 8, passed 10-23-1987, § 16.01)
§ 155.026 BUILDING PERMIT REQUIRED.
(A) General. No building for human habitation shall be erected, moved, added to or structurally altered, nor shall any of said activities be commenced without a building permit therefor issued by the Building Inspector having properly vested authority under the Kentucky Building Code and this chapter. No building permit shall be issued by him or her, except in conformity with the provisions of this chapter unless he or she has a written order from the Board of Zoning Adjustments in the form of an administrative review decision, a conditional use permit or dimensional variance. In other such cases as building activities will commence which do not fall under the jurisdiction of the Kentucky Building Code, the Planning Director and/or Zoning Enforcement Officer of the county may require zoning permits or other instruments to ensure the building activities compliance with the entirety of this chapter.
(B) Application for building permits. All applications for building permits shall be accompanied by plans in duplicate, drawn to scale and showing the actual shape and dimensions of the lot to be built upon; the exact size and location on the lot of any existing principal buildings and accessory buildings; the lines within which the proposed building or structure is to be erected or altered; the proposed height; the existing and intended use of each building or part of building; the number of families or housekeeping units the building is designed to accommodate and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter.
(C) Copy of plans. One copy of the plans shall be returned to the applicant by the Building Inspector, after he or she shall have marked such copy either as “Approved” or “Disapproved” and attested to same by signature on such copy. The original, similarly marked, shall be retained by the Building Inspector.
(Ord. 8, passed 10-23-1987, § 16.02) Penalty, see § 155.999
§ 155.027 CERTIFICATE OF OCCUPANCY REQUIRED.
(A) General. Except as allowed by this chapter, no person shall use or permit the use of any structure or premises or part thereof hereafter created, erected, changed, converted, enlarged or move, wholly or partly, until a certificate of occupancy shall have been issued by the Building Inspector, having properly vested authority under the Kentucky Building Code and this chapter. Such certificate shall show that the structure or use, or both, on the premises, or the affected part thereof, are in conformity with the provisions of this chapter. It shall be the duty of the Building Inspector to issue such certificate if he or she finds that all of the provisions of this chapter have been met, and to withhold such certificate unless all requirements of this chapter have been met.
(B) Temporary certificate of occupancy. A temporary certificate of occupancy may be issued by the Building Inspector for a period to exceeding six months during alterations or partial occupancy of a building pending its completion.
(C) Certificate of occupancy for existing uses or structures. Upon written application from the owner or tenant, and upon inspection to determine the facts in the case, the Building Inspector shall issue a certificate of occupancy for any building, premises or use, certifying that the building, premises or use is in conformity with the provisions of this chapter or that a legal non-conformity exists as specified in the certificate.
(D) Structures and used to be as provided in building permits, plans and certificates of occupancy.
(1) Building permits or certificates of occupancy issued on the basis of plans and applications approved by the Building Inspector authorize only the use, arrangement and construction set fourth in such permits, plans and certificates and no other.
(2) The use, arrangement or construction at variance with that authorized shall be deemed a violation of this chapter.
(Ord. 8, passed 10-23-1987, § 16.03)
§ 155.028 RECONSTRUCTION OF UNSAFE WALLS.
Nothing in this chapter shall prevent the reconstruction of a wall or other structural parts of a building declared unsafe by the State Fire Marshal.
(Ord. 8, passed 10-23-1987, § 16.04)
§ 155.029 AMENDING THE ZONING MAP.
The Planning Commission may recommend a change of zone to the Fiscal Court if, after a public hearing, it determines that the new zone requested meets all established criteria. The fee for a change of zone application shall be established by the Planning Commission.
(Ord. 8, passed 10-23-1987, § 16.05)
§ 155.030 REVIEW OF ZONING ORDINANCE.
(A) Upon adoption of these regulations, the Planning Commission shall periodically review both the text of this chapter and the accompanying maps.
(B) Such periodic review shall be on a regular schedule by the Planning Commission, but not less frequently that once every five years and after any amendment to the Comprehensive Plan.
(C) Upon review of the text and maps, the Planning Commission shall recommend all appropriate changes to this chapter. Such changes shall be presented to the Fiscal Court as proposed amendments to this chapter.
(Ord. 8, passed 10-23-1987, § 16.06)
§ 155.031 ENFORCEMENT.
All departments, officials and public employees of the county which are vested with the duty or authority to review and issue permits or licenses shall do so in conformance with the provision of this regulation. Any permit or license issued for any use, building or purpose which is in conflict with the regulations shall be considered null and void.
(Ord. 8, passed 10-23-1987, § 16.07)
§ 155.032 INTERPRETATION.
In interpreting and applying the provisions of this chapter, it shall be held to be the minimum requirements for the promotion of health, safety, morals, convenience or the general welfare. The Planning Commission or its agent is responsible for all interpretations. Whenever this chapter imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or resolutions, the provisions of this chapter shall govern.
(Ord. 8, passed 10-23-1987, § 16.08)