There is hereby established the office of Zoning Inspector and for the purpose of this Zoning Code the Building Inspector is hereby designated as Zoning Inspector. It shall be the duty of the Zoning Inspector to enforce this Zoning Code in accordance with the administrative provisions of the Building Code of the City and this Zoning Code. All departments, officials and public employees of the City vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Zoning Code and shall issue no permit or license for any use, building or purpose in conflict with the provisions of this Zoning Code. Any permit or license issued in conflict with the provisions of this Zoning Code shall be null and void.

(Ord. 1420. Passed 2-28-66.)

   (a)   In General. Every application for a zoning certificate shall be accompanied by plans in duplicate, drawn to scale in black line or blue print, showing the actual shape and dimensions of the lot to be built upon or to be changed in its use, in whole or in part; the exact location, size and height of any building or structure to be erected or altered; the existing and intended use of each building or structure or part thereof; the number of families or housekeeping units the building is designed to accommodate; and, when no buildings are involved, the location of the present use and proposed use to be made of the lot; 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 Zoning Code. One copy of such plans shall be returned to the owner when such plans have been approved by the Zoning Inspector, together with such zoning certificate as may be granted. All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on actual survey. The lot and the location of the building thereon shall be staked out on the ground before construction is started.

   (b)   Certificate of Health Officer. In every case where the lot is not provided and is not proposed to be provided with public water supply and/or the disposal of sanitary wastes by means of public sewers, the application shall be accompanied by a certificate of approval from the office of the Kenton-Hardin General Health District, approving the proposed method of water supply and/or disposal of sanitary wastes.

(Ord. 1420. Passed 2-28-66.)

   (a)   Use Prohibited Without Certificate. No owner shall use or permit the use of any structure, building or land, or part thereof, hereafter created, erected, changed, converted or enlarged, wholly or partly, until a zoning certificate has been issued by the Zoning Inspector. Such certificate shall show that such building or premises, or a part thereof, and the proposed use thereof, are in conformity with the provisions of this Zoning Code. It shall be the duty of the Zoning Inspector to issue a certificate, provided he is satisfied that the structure, building or premises, and the proposed use thereof, and the proposed methods of water supply and disposal of sanitary wastes, conform with all the requirements of this Zoning Code.

   (b)   Excavating; Permit. No permit for excavation or construction shall be issued by the Zoning Inspector unless the plans, specifications and the intended use conform to the provisions of this Zoning Code.

(Ord. 1420. Passed 2-28-66.)

   The Zoning Inspector shall act upon all applications on which he is authorized to act by the provisions of this Zoning Code, within thirty days after they are filed in full compliance with all applicable requirements. He shall either issue a zoning certificate within thirty days or shall notify the applicant in writing of his refusal of such certificate and the reasons therefor. Failure to notify the applicant in case of such refusal within such thirty days shall entitle the applicant to a zoning certificate, unless the applicant consents to an extension of time.

(Ord. 1420. Passed 2-28-66.)

   For all zoning certificates there shall be a fee as follows:

 

 

(Ord. 1420. Passed 2-28-66.)

   (a)   Whoever violates any of the provisions of this Zoning Code shall be fined not more than one hundred dollars ($100.00). A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

   (b)   In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used, or any land is or is proposed to be used in violation of this Zoning Code, the City Solicitor, the Zoning Inspector, or any adjacent or neighboring property owner who would be specially damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action, actions, proceeding or proceedings to prevent, enjoin, abate or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use.

(Ord. 1420. Passed 2-28-66.)

   A Board of Zoning Appeals is hereby created. Such Board shall consist of five members who shall be residents of the City. The members shall be appointed by the Mayor and confirmed by Council. Vacancies shall be filled in the same manner for the unexpired term. The terms of all members appointed subsequent to January 1, 1968, shall be for five years, provided and so arranged, however, that the term of one member will expire each year, and further provided that no person so appointed shall serve a greater consecutive number of years than is equal to one term. Each member shall serve until his successor is appointed and qualified. Members of the Board shall be removable for nonperformance of duty, misconduct in office, or other causes, by Council, upon written charges having been filed with Council and after a public hearing has been held regarding such charges, a copy of the charges having been served upon the member so charged at least ten days prior to the hearing, either personally or by registered mail, or by leaving the same at his usual place of residence. The member shall be given an opportunity to be heard and answer such charges.

(Ord. 1592. Passed 1-22-68.)

   The Board of Zoning Appeals shall organize and adopt rules for its own government in accordance with this Zoning Code. Meetings of the Board shall be held at the call of the Chairman, and at such other times as the Board may determine. The Chairman, or in his absence the Acting Chairman, may administer oaths and the Board may compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent, or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Zoning Inspector and shall be a public record.

(Ord. 1420. Passed 2-28-66.)

   Three members of the Board of Zoning Appeals shall constitute a quorum. The Board shall act by resolution and the concurring vote of three members of the Board shall be necessary to reverse any order or determination of the Zoning Inspector, or to decide in favor of an applicant in any matter on which the Board has original jurisdiction under this Zoning Code, or to grant any variance from the requirements stipulated in this Zoning Code.

(Ord. 1420. Passed 2-28-66.)

   The Board of Zoning Appeals may call upon City departments for assistance in the performance of its duties, and it shall be the duty of such departments to render such assistance to the Board as may reasonably be required.

(Ord. 1420. Passed 2-28-66.)

   An application, in cases in which the Board of Zoning Appeals has original jurisdiction under the provisions of this Zoning Code, may be taken by any property owner, including a tenant, or by a governmental officer, department, board or bureau. Such application shall be filed with the Zoning Inspector who shall transmit the same to the Board.

(Ord. 1420. Passed 2-28-66.)

   An appeal to the Board of Zoning Appeals may be taken by any person aggrieved or by any officer of the City affected by any decision of the Zoning Inspector. Such appeal shall be taken within twenty days after the decision, by filing with the Zoning Inspector and with the Board a notice of appeal specifying the grounds thereof. The Zoning Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

(Ord. 1420. Passed 2-28-66.)

   The Board of Zoning Appeals shall fix a reasonable time for the hearing of the application or appeal, give at least ten days notice to the parties in interest, and decide the same within a reasonable time after it is submitted. Each application or appeal shall be accompanied by a check, payable to the Treasurer of the City or a cash payment, sufficient in amount to cover the cost of publishing and/or posting and mailing the notices of the hearing or hearings, but in no event shall it be less than fifteen dollars ($15.00).

   At the hearing, any party may appear in person or by attorney. Any party adversely affected by the decision of the Board may appeal to the Court of Common Pleas of Hardin County on the ground that the decision was unreasonable or unlawful. The Court may affirm, reverse, vacate or modify the decision complained of in the appeal. (Ord. 1420. Passed 2-28-66.)

   The Board of Zoning Appeals shall decide all applications and appeals within thirty days after the final hearing thereon.

   A certified copy of the Board's decision shall be transmitted to the applicant or appellant, and to the Zoning Inspector. Such decision shall be binding upon the Zoning Inspector and observed by him, and he shall incorporate the terms and conditions of the same in the zoning certificate to the applicant or appellant, whenever a certificate is authorized by the Board.

   A decision of the Board shall not become final until the expiration of five days from the date such decision is made, unless the Board finds that the immediate taking effect of such decision is necessary for the preservation of property or personal rights, in which it shall so certify on the record.

(Ord. 1420. Passed 2-28-66.)

   An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Inspector certifies to the Board of Zoning Appeals after notice of appeal has been filed with him, that by reasons of fact stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by an order which may, on due cause shown, be granted by the Board on application after notice to the Zoning Inspector, or by judicial proceedings.

(Ord. 1420. Passed 2-28-66.)

   (a)   Conditional Uses; Special Exceptions and Interpretation of Zoning Maps. The Board of Zoning Appeals shall have the power to hear and decide, in accordance with the provisions of this Zoning Code, applications, filed as hereinbefore provided, for conditional uses, for interpretation of the Zoning Map, or for decisions upon other special questions on which the Board is authorized by this Zoning Code to pass. In considering an application for a conditional use or interpretation of the Zoning Map, the Board shall give due regard to the nature and condition of all adjacent uses and structures, and in authorizing a conditional use, the Board may impose such requirements and conditions with respect to location, construction, maintenance and operation, in addition to those expressly stipulated in this Zoning Code, for the particular conditional use, as the Board may deem necessary for the protection of adjacent properties and the public interest.

   (b)   Other Conditional Uses. In addition to permitting the conditional uses hereinbefore specified, the Board shall have the power to permit the following conditional uses and special exceptions:

   (1)   Nonconforming uses; substitution. The substitution of a nonconforming use existing at the time of enactment of this Zoning Code (Ordinance 1420, passed February 28, 1966), by another nonconforming use, if no structural alterations, except those required by law or resolution, are made, provided, however, that in an R-District no change shall be authorized by the Board to any use which is not a permitted or conditional use in any R-District, and in a B-District no change shall be authorized to any use which is not a permitted or conditional use in any B-District;

   (2)   Nonconforming uses; extension. The extension of a nonconforming building upon the lot occupied by such building, or on an adjoining lot; provided that such lot was under the same ownership as the lot in question at the time the use of such building became a nonconforming use; and provided that the value of such extension does not exceed in all twenty-five percent of the assessed valuation for tax purposes of the existing building devoted to a nonconforming use, and that such extension is within a distance of not more than fifty feet of the existing building or premises; and provided, further, that such extension shall in any case be undertaken within five years of the enactment of this Zoning Code (Ordinance 1420, passed February 28, 1966); and provided, still further, that the Board shall not authorize any extension or enlargement which would result in extending the useful life of a nonconforming building, or which would result in violation of the provisions of this Zoning Code with respect to any adjoining premises;

   (3)   Extension of use on border of district. The extension of a use or building into a more restricted district immediately adjacent thereto, but not more than twenty-five feet beyond the dividing line of the two districts, under such conditions as will safeguard development in the more restricted district;

   (4)   Conditional industrial uses. Permitting in such parts of any M-2 District which are more than 500 feet distant from any residence district, and more than 200 feet from every other district except an M-1 District, any of the industries or uses listed in Section 1268.02. In doing so, the Board may require the installation, operation and maintenance, in connection with the proposed use, of such devices or such methods of operation as may, in the opinion of the Board, be reasonably required to prevent or reduce fumes, gas, dust, smoke, odor, water-carried waste, noise, vibration or similar objectionable features, and may impose such conditions regarding the extent of open spaces as will tend to prevent or reduce the harm which might otherwise result from the proposed use of surrounding properties and neighborhoods;

   (5)   Temporary structures and uses. The temporary use of a structure or premises in any district for a purpose or use that does not conform to the regulations prescribed elsewhere in this Zoning Code for the district in which it is located, provided that such use is of a temporary nature and does not involve the erection of a substantial structure. A zoning certificate for such use shall be granted in the form of a temporary and revocable permit, for not more than a twelve-month period, subject to such conditions as will safeguard the public health, safety, convenience and general welfare.

(Ord. 1420. Passed 2-28-66.)

   Where the street or lot layout actually on the ground, or as recorded, differs from the street and lot lines as shown on the Zoning Map, the Board of Zoning Appeals, after notice to the owners of the property and after public hearing, shall interpret the Map in such a way as to carry out the intent and purpose of this Zoning Code. In case of any question as to the location of any boundary line between zoning districts, a request for interpretation of the Zoning Map may be made to the Board and a determination shall be made by the Board.

(Ord. 1420. Passed 2-28-66.)

   The Board of Zoning Appeals shall have the power to hear and decide appeals, filed as hereinbefore provided, for relief from an alleged hardship or where it is alleged by the appellant that there is error in any order, requirement, decision, grant or refusal made by the Zoning Inspector or other administrative official in the interpretation of the provisions of this Zoning Code.

   (a)   Variances; Literal Enforcement Would Create Undue Hardship. The Board shall have the power to authorize, upon appeal in specific cases, filed as hereinbefore provided, such variances from the provisions or requirements of this Zoning Code as will not be contrary to the public interest, but only in such cases where, owing to special conditions pertaining to a specific piece of property, the literal enforcement of the provisions or requirements of this Zoning Code would cause undue and unnecessary hardship.

   (b)   Variances; Conditions Prevailing. Where, by reason of the exceptional narrowness, shallowness or unusual shape of a specific piece of property on the effective date of this Zoning Code (Ordinance 1420, passed February 28, 1966), or by reason of exceptional topographic conditions, or other extraordinary situation or condition of such piece of property, or of the use or development of property immediately adjoining the piece of property in question, the literal enforcement of the requirements of this Zoning Code would involve practical difficulty or would cause unnecessary hardship, unnecessary, that is, to carry out the spirit and purpose of this Zoning Code, the Board shall have power to authorize a variance from the terms of this Zoning Code so as to relieve such hardship, and so that the spirit and purpose of this Zoning Code shall be observed and substantial justice done. In authorizing a variance, the Board may attach thereto such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the interest of the furtherance of the purposes of this Zoning Code and in the public interest. In authorizing a variance with attached conditions, the Board shall require such evidence and guarantee or bond, as it may deem to be necessary, that the conditions attached are being and will be complied with.

   (c)   Variances; Findings of the Board. No such variance in the provisions or requirements of this Zoning Code shall be authorized by the Board unless the Board finds, beyond reasonable doubt, that all the following facts and conditions exist:

   (1)   Exceptional circumstances. That there are exceptional or extraordinary circumstances or conditions applying to the property in question, or to the intended use of the property, that do not apply generally to other properties or classes of uses in the same zoning district;

   (2)   Preservation of property rights. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity;

   (3)   Absence of detriment. That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of this Zoning Code or the public interest;

   (4)   Not of general nature. No grant of a variance shall be authorized unless the Board specifically finds that the condition or situation of the specific piece of property, or the intended use of such property for which variance is sought, one or the other or in combination, is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situation.

   (d)   Variances; Board May Reverse Orders, Etc. In exercising its power, the Board may, in conformity with the provisions of statute and of this Zoning Code, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination as ought to be made, and to that end shall have all powers of the officer from whom the appeal is taken.

(Ord. 1420. Passed 2-28-66.)

   Whenever the public necessity, convenience, general welfare or good zoning practice requires Council may, by ordinance, after recommendation thereon by the Planning Commission and subject to the procedure provided in this chapter amend, supplement or change the regulations, district boundaries or classifications of property, now or hereinafter established by this chapter or amendments thereof.

   It shall be the duty of the Commission to submit its recommendations regarding all applications or proposals for amendments or supplements. An amendment, supplement, reclassification or change may be initiated by the Commission on its own motion or by a verified application of one or more of the owners or lessees of property within the area proposed to be changed or affected.

(Ord. 1420. Passed 2-28-66.)

   (a)   Applications for Amendments. Applications for any change of district boundaries or classification of property as shown on the Zoning Map shall be submitted to the Planning Commission, at its public office, upon such forms and accompanied by such data and information as may be prescribed for that purpose by the Commission, so as to assure the fullest practicable presentation of facts for the permanent record. Each application shall be verified by at least one of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the applications. Applications for amendments initiated by the Commission itself shall be accompanied by its own motion pertaining to such proposed amendment.

   (b)   List of Property Owners. Any person desiring a change in the zoning classification of property shall file with the application for such change a statement giving the names and addresses of the owners of all properties lying within the premises the zoning classification of which is proposed to be changed, and within 200 feet of any part of the exterior boundaries of such premises.

   (c)   Notice and Hearing. Before submitting its recommendations on a proposed amendment or reclassification to Council, the Commission shall hold at least one public hearing thereon, notice of which shall be given by one publication in a newspaper of general circulation in the City at least thirty days before the date of such hearing. The notice shall state the place and time at which the proposed amendment to the Zoning Code, including text and maps, may be examined.

   (d)   Recommendation to Council. Following such hearing the Commission may recommend that the application be granted as requested, or it may recommend a modification of the zoning amendment requested in the application, or it may recommend that the application not be granted. These recommendations shall then be certified to Council.

   (e)   Council Hearing. After receiving from the Commission the certification of such recommendations on the proposed amendment or amendments, and before adoption of such amendment, Council shall hold a public hearing thereon, as required by statute, and at least thirty days notice of the time and place of such hearing shall be given in one publication in a newspaper of general circulation in the City.

   (f)   Final Action of Council. Following such hearing and after reviewing the recommendations of the Commission thereon, Council shall consider such recommendations and vote on the passage of the proposed amendment to the text of the Zoning Code or the Zoning Map. Council may overrule the recommendations of the Commission by a three-fourths vote of the full membership of Council.

(Ord. 1240. Passed 2-28-66.)

   (g)   Fees. Each application for a zoning amendment, except those initiated by the Commission, shall be accompanied by a check payable to the Treasurer of the City or a cash payment sufficient to cover the costs of publishing, posting and/or mailing notices of hearings, but in no event shall it be less than one hundred dollars ($100.00).