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Independence City Zoning Code

ARTICLE 6

Universal Regulations

6.01 Purpose and Applicability

The universal regulations shall apply to all zoning districts.

Effective on: 1/1/1901

6.02 Permits and Licenses

It is the burden of the applicant to obtain all required local, state, and federal permits and licenses to operate lawfully.

Effective on: 1/1/1901

6.03 Erection of Structures Only on Lots of Record

All structures shall be designed, erected, or altered on legal lots of record and in accordance with the Kentucky Building Code.

Effective on: 1/1/1901

6.04 Reduction of Lot Area Restricted

Except as noted in Sections 2.07, D., Non-Conforming Lots, and 5.04, B., Exceptions to Lot Requirements. no lot in any district may be reduced in size below the minimum lot area required of the district in which the lot is located, except where the reduction is the result of an expansion or acquisition of rights-of-way for a street.

If the lot is reduced in size below the minimum lot area specified for the district, all uses, and structures contained on the lot shall comply with all other provisions of this Ordinance. If uses and structures cannot comply, the property owner shall seek relief from the Board of Adjustment, as provided for in Article 13, Process and Procedure.

Effective on: 1/1/1901

6.05 Lot Coverage

No portion of terraces, balconies, breezeways, porches, or electric generation devices and related apparatus (e.g. solar panels and wind turbines) not included in floor area calculations will be included in computing lot coverage.  

Effective on: 1/1/1901

6.06 Street Access Required

All developments shall have legal and physical access to an improved public right-of-way accepted for maintenance by the legislative body, a public right-of-way that is not accepted for maintenance with approval from the legislative body, or a private street.

Effective on: 1/1/1901

6.07 Clear Sight Distance Required

No fence, wall, hedge, or other obstruction, above a height of 36 inches, as measured above the curb level, shall be erected, placed, maintained, or continued in any zone, within that triangular portion of a corner lot formed by measuring from the intersection of the right-of-way lines of two streets or of the right-of-way line of a street intersection with a railroad right-of-way line or driveway and joining these points with a straight line.

  1. Local Street or Driveway Intersecting a Local Street

    Sight triangles shall be maintained where local streets or driveways intersect another local street. These sight triangles shall be defined as a 10 foot by 10 foot triangle bounded on two sides by the edge of pavement or curb of the streets and on the third side by a straight line connecting the endpoints of the other two sides. In the event that a driveway crosses a sidewalk, then the edge of sidewalk furthest from the street shall be used as a side in place of edge of pavement or curb.

  1. Local Street or Driveway Intersecting with a Collector or Arterial Street

    Sight triangles shall be maintained where local streets or driveways intersect with a collector or arterial streets. These sight triangles shall be defined as a 10 foot by 50 foot triangle bounded on one side by the edge of pavement or curb of the street, one side by the edge of the driveway or other street, and on the third side by a straight line connecting the endpoints of the other two sides. In the event that a driveway crosses a sidewalk, then the edge of sidewalk furthest from the street shall be used as a side in place of edge of pavement or curb.

  1. Collector or Arterial Street Intersecting With a Collector or Arterial Street

    Sight triangles shall be maintained where a collector or arterial street intersects with a collector or arterial streets. These sight triangles shall be defined as a 50 foot by 50 foot triangle bounded on two sides by the edge of pavement or curb of the streets, and on the third side by a straight line connecting the endpoints of the other two sides.

  1. Any Street Intersecting with a Railroad Right-Of-Way

    Sight triangles shall be maintained where any street intersects with a railroad right-of-way. These sight triangles shall be defined as a 10 foot by 50 foot triangle bounded on one side by the edge of pavement or curb of the street, one side by the railroad right-of-way, and on the third side by a straight line connecting the endpoints of the other two sides.

Effective on: 1/1/1901

6.08 Demolition or Movement of Buildings or Structures

No building, structure, or improvement shall be demolished, moved, or relocated to any area or transported upon any public street until a building permit has been approved and secured, a transport permit has been obtained, and the building, structure, or improvement complies with the provisions of this Ordinance.

Effective on: 1/1/1901

6.09 Required Improvements for Developments

  • All developments shall be required to provide the following improvements in accordance with the applicable sections of the Kenton County Subdivision Regulations. These shall be reviewed through Article 13 Process and Procedure.
    1. All new streets shall be designed and constructed in accordance with the referenced regulations. This includes, but is not limited to pavement design, curb and gutters, and sidewalk provisions.
    2. Sidewalks shall be designed and constructed along all existing and proposed public streets in accordance with the referenced regulations. This includes, but is not limited to design and width.
    3. When required by the referenced regulations, a Traffic Impact Study meeting the scope of those regulations shall be submitted. Recommended infrastructure improvements identified in the study may be required as a part of the development plan approval.
    4. All stormwater runoff controls shall be constructed in accordance with the referenced regulations.
    5. All fire flows shall meet standards included in the referenced regulations. This does not apply to individual building fire department connections, which shall be approved by the applicable fire authority.
  • The legislative body may consider and approve by ordinance, major modifications to the referenced regulations. Modifications or adjustments may be approved concurrently with a Map Amendment or Development Plan. When considering a proposed modification, the legislative body shall find that the request will not be detrimental to the public interest and meets at least one of the following criteria:
    1. That unusual topographical or exceptional physical conditions exist; or
    2. That strict compliance with these regulations would create an extraordinary hardship in the face of exceptional conditions; or
    3. That compliance with the regulations could cause an unsafe situation; or
    4. That the proposed modification or adjustment would create a materially safer situation than complying with the regulations; or
    5. That the proposed modification or adjustment is more compatible with the character of the surrounding neighborhood than complying with the regulation.

    • Effective on: 1/1/1901

    6.10 Negative Access Easements Prohibited

    Negative easements preventing vehicle or pedestrian access to a lot from an adjacent public street are prohibited except when required by the City to limit driveway cuts on existing public streets.

    Effective on: 1/1/1901