Enforcement officer. The provisions of this ordinance shall be administered and enforced by a zoning administrator appointed by the City of Henderson who shall have the power to make inspection of buildings and premises necessary to carry out his/her duties in the enforcement of this chapter.

Designated enforcement personnel have the power and the duty to:

(a)

Make inspection of any premises necessary to carry out the enforcement of the zoning ordinance; and

(b)

Issue citations for violations of this zoning ordinance in accordance with the provisions of KRS 100.991, and the procedures set forth in KRS 431.015, and the procedures set forth in this article;

(c)

Upon representation of official credentials, including a legally authorized search warrant, any zoning enforcement officer may enter the premises or may enter upon any land and make examination and surveys during reasonable hours, for the purposes of determining compliance with the provisions of this zoning ordinance or conditions established at the time of development approval.

A.

Compliance required. All buildings and land used, and all buildings and structures erected, converted, enlarged, reconstructed, moved, or structurally altered must comply with all applicable provisions of this zoning ordinance.

B.

Remedies and enforcement powers. The zoning enforcement officer may use any of the remedies and enforcement powers set forth in this section:

1.

Withhold permits and approvals: Upon any land or structure where there is an uncorrected violation of a provision of this zoning ordinance or of a condition or qualification of a permit, certificate, approval, or other authorization granted by the city; or withhold permits and approvals of any person or entity who owns, developed, or otherwise caused an uncorrected violation of a provision of this zoning ordinance, or of a condition or qualification of a permit, certificate, approval, or other authorization previously granted by the city.

2.

Revoke permits and approvals: Any permit or other form of authorization required under this zoning ordinance may be revoked by the zoning enforcement officer when the zoning enforcement officer determines: 1) that there is a departure from the plans, specifications, or conditions as required under terms of the permit; 2) that the development permit was procured by false representation or was issued by mistake, or; (3) that any of the provisions of this zoning ordinance are being violated.

3.

Stop work order: Whenever a building or land, or part thereof is being constructed or altered, repaired, or any other work is being conducted in violation of this zoning ordinance, the zoning enforcement officer may order the the work to be immediately stopped, with the stop work order to be in writing directed to the person doing the work, and must state and specify the specific work to be stopped, the reasons for the stoppage, and conditions of under which the work may be resumed.

(Ord. No. 23-14, Exh. A, 7-8-14)

(a)

Conformity with ordinance required. A building permit shall be issued for construction or alteration of a building, only when the proposed use to be established is in conformity with the provisions of this ordinance.

(b)

Required prior to construction or alteration. No person shall commence excavation for or the construction of any building, including accessory buildings, or commence the moving or alteration of any buildings, including accessory buildings until the enforcement officer has issued a building permit for such work.

(c)

Exception. No building permit or certificate of occupancy shall be required in the following cases:

(1)

Recurring maintenance work.

(2)

Installation of required improvements according to an approved subdivision plat.

(3)

Exceptions set forth in Section 4.14.

(d)

Procedure:

(1)

Application: In applying to the enforcement officer for a building permit the applicant shall submit a site plan along with the application, draw to scale, showing the dimensions of the lot to be built upon, the outside dimension of all structures, yard depths, and any other information necessary for determining conformance with this order. For non-residential and multi-family development site plans addressing drainage, entrances and exits and other pertinent information shall be approved by the enforcement officer and the local government engineer, acting jointly, in consultation with the planning commission, and they may require any changes therein, as may be deemed necessary. Site plan approval must be granted before a building permit can be issued.

(2)

Permanent file: The enforcement officer shall keep accurate records in a permanent file for the issuance of building permits, certificates of occupancy, inspection violations, stop orders, and condemnations.

(3)

Issuance: If the proposed construction or alteration conforms with all applicable provisions of this chapter and all other applicable ordinances, regulations and codes, the enforcement officer shall issue a building permit authorizing such construction or alteration. If the proposed construction or alteration fails to conform, the enforcement officer shall refuse to issue a building permit and shall deliver written notice to the applicant stating the reasons for the refusal. The enforcement officer shall act upon applications for building permits within two (2) weeks from the date of their submission or shall inform the city manager in writing as to why no action has been taken.

(4)

Validity: The issuance of a building permit by the enforcement officer shall not waive any provision of this chapter.

(5)

Duration: A building permit shall become void six (6) months from the date of issuance unless substantial progress has been made by that date on the construction or alteration authorized therein. A building permit may be renewed without fee upon review by the enforcement officer before it becomes void.

(Ord. No. 23-14, Exh. A, 7-8-14)

No land or buildings or part thereof hereafter erected or altered in its use or structure shall be used until the enforcement officer shall have issued a certificate of occupancy stating that such land, building, or part thereof, and the proposed use thereof, are found to be in conformity with the provisions of this chapter. Within three (3) days after notification that a building or premises or part thereof is ready for occupancy or use by the owner or authorized agent, it shall be the duty of the enforcement officer to make a final inspection thereof and to issue a certificate of occupancy, if the land, building, or part thereof and the proposed use thereof, are found to conform with the provisions of this chapter; or if such certification is refused, to state the refusal in writing, with the cause and immediately thereupon to mail notice of such refusal to the applicant at the address indicated in the application. In instances where a building is under state jurisdiction, an approved site plan and compliance with all applicable provisions of this zoning ordinance shall be required.

(Ord. No. 23-14, Exh. A, 7-8-14)

(a)

Remedies: In case any building or structure is, or is proposed to be erected, constructed or reconstructed, or any building, structure or land is, or is proposed to be used in violation of this ordinance, the enforcement officer or any other appropriate property owner who would be damaged by such violation, in addition to other remedies may institute an injunction, mandamus or appropriate action or proceeding to prevent the work or occupancy of such building, structure or land in any court of competent jurisdiction.

(b)

Penalties: Any person violating any provision of this chapter shall, upon conviction, be fined not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) for each conviction. Each day of violations shall constitute a separate offense.

(Ord. No. 23-14, Exh. A, 7-8-14)

The following is a recapitulation of the administrative agencies with jurisdiction and the extent of their jurisdiction concerning the administration of this chapter.

(a)

The enforcement officer has initial authority for the literal enforcement of this chapter. He has no discretionary authority to allow any departure from the literal conformance with this chapter.

(b)

The board of zoning adjustment has authority to hear appeals from decisions by the enforcement officer and to make literal interpretations of the pertinent provisions to correct any possible misinterpretations by the enforcement officer. The board also has the authority to make only those initial discretionary interpretations and decisions and allow only those departures from a literal conformance which is specifically delegated to it.

(c)

The circuit court has jurisdiction to determine all questions and issues properly brought before it on appeal from decisions of the board of zoning adjustment or the city.

(Ord. No. 23-14, Exh. A, 7-8-14)

A.

Applicability: No land or buildings or part thereof hereafter erected or altered in its use or structure shall be used, nor may any grading take place, until the enforcement officer shall have issued a zoning permit, stating that such land, building, or part thereof, and the proposed use thereof, are found to be in conformity with the provisions of this section, or a building permit is issued in compliance with the provisions of this section.

B.

Application: An application for a zoning permit must be filed with the zoning enforcement officer by the owner of the property or the property owner's authorized agent.

i.

A site plan drawn to scale;

ii.

Dimensions and total area of the lot in square feet, which concur with record plat;

iii.

Dimensions of all existing and proposed structures;

iv.

Applicable zoning setbacks and lot width;

v.

All proposed and applicable easements;

vi.

Location of all proposed and existing access points, curb cuts, and internal driveway;

vii.

Location of all public streets and roadways;

viii.

Proposed use of the land;

ix.

Flood areas accurately delineated and identified;

x.

Proposed screening or landscaping;

xi

Dimension and location of proposed and existing parking spaces and loading spaces;

xii.

Site triangles where necessary;

xiii.

A drainage plan certified by Henderson Water Utilities;

xiv.

Any applicable information as required by any district.

C.

Compliance with building permits: The zoning enforcement officer may review and approve any building permit application for compliance with the regulations of this ordinance, and the requirements of Section 6.06, in lieu of issuing a separate zoning permit.

D.

Approval: The enforcement officer must either approve or disapprove the zoning application based on its conformity with the provisions herein of the zoning ordinance. If disapproved, one (1) copy of the submitted plans must be returned to the applicant with a description of the reasons for disapproval. The enforcement officer must retain a duplicate copy of all zoning permits either approved or denied. Zoning permit approval will expire and be of no further effect after six (6) months if no progress has been made. Once the zoning permit has expired, permits may not be obtained until a new zoning permit has been approved.

(Ord. No. 23-14, Exh. A, 7-8-14)

A.

Applicability: a site plan is required for all change of uses, creation of new commercial, industrial, or multi-family lots.

1)

Sidewalks required. Sidewalks shall be provided along all public roadways. Sidewalks shall be constructed to ADA requirements and the standards found in section 5.7 of the Henderson City-County Subdivision Regulations.

B.

Application: the site plan shall be submitted to the planning commission office for review by the preliminary conference committee. The site plan may be referred to the land development committee (LDC) and/or planning commission for approval, if the site plan is deemed by the executive director or his/her designee, to be of significant community impact. If the executive director deems that the site plan is not of a significant community impact, it may be approved by the executive director or his/her designee. The site plan must contain the following requirements:

i.

A title block containing the development name; the names and addresses of owner, developer and plan preparer;

ii.

A site plan drawn to scale;

iii.

Dimensions and total area of the lot in square feet;

iv.

Approximate size, location, height, floor area, of all proposed and existing structures and signs;

v.

Applicable zoning setbacks;

vi.

All proposed and applicable easements;

vii.

All proposed and existing access points and curb cuts, in accordance with the current Access Standard Manual and/or appropriate encroachment permit(s);

viii.

Location of all public streets and roadways;

ix.

A drainage plan certified by Henderson Water Utilities, including contours, spot elevations and flow direction arrows of sufficient detail to generally describe the drainage scheme;

x.

Proposed use of the land;

xi.

Special flood hazard areas accurately delineated and identified;

xii.

Proposed screening or landscaping;

xiii.

Dimension and location of proposed and existing parking spaces and loading spaces;

xiv.

Certification of water supply to the site;

xv.

Certification of appropriate sewer or septic system;

xvi.

Site triangles where necessary;

xvii.

Emergency turn around where necessary;

xviii.

Erosion control plan, with existing topography certified by the appropriate agency;

xix.

Sidewalks location and size;

xx.

Fire lanes as required by the city fire department;

xxi.

A schedule of development, including the staging and phasing of building, streets, utilities, and public facility improvements in order of priority;

xxii.

Other information that may be deemed necessary for description, or to insure proper integration of the project into the area;

xxiii.

For projects of one (1) acre or more in area, a note stating that no grading, stripping, excavation, filling, or other disturbance of the natural ground cover shall take place unless and until the local government engineer has approved the developer's proposed soil erosion control procedures and, if required, a soil erosion control plan, and a notice of intent has also been approved by the appropriate state agency;

xxiv.

A note stating that the premises shall not be occupied until all site plan requirements are complete;

xxv.

A signature line for endorsement by the executive director of the planning commission and all appropriate local utilities, and health authorities;

xxvi.

Exterior lighting (building mounted and free standing), when provided, shall be limited to cutoff type luminaire with elements such as shields, reflectors or refractor panels which direct and cut off the light at a cutoff angle that is less than ninety (90) degrees.

C.

Approval: The land development committee (LDC) of the planning commission will review the application, if applicable, to determine if it complies with the requirements of this section and all other requirements of this zoning ordinance before approval. The site plan may be referred for planning commission approval, if the site plan is deemed by the executive director or his/her designee, to be of a significant community impact. In approving the site plan, the applicant or representative will be given an official copy of the approval, and the planning staff, and the zoning enforcement officer will retain a copy for their records. If disapproved, one (1) copy of the submitted plans must be returned to the applicant with a description of the reasons for disapproval. If the site plan is approved, a building permit must be obtained within six (6) months, or site plan approval will expire and be of no further effect. Once the site plan approval has expired, building permits may not be obtained until a new site plan has been approved.

(Ord. No. 23-14, Exh. A, 7-8-14; Ord. No. 52-17, 8-25-17)