In any district where dwellings are permitted, a one-family detached dwelling may be erected on any lot of official record at the effective date of this Zoning Code (Ordinance 1420, passed February 28, 1966), irrespective of its area or width, if the owner does not own any adjoining property, provided that yard spaces satisfy requirements stipulated for the district in which such lot is located, or requirements as may be modified under Section 1294.04 or by the Board of Zoning Appeals as set forth in Section 1242.12.
(Ord. 1420. Passed 2-28-66.)
1292.01 HEIGHT LIMITATIONS NOT APPLICABLE.
The height limitations stipulated elsewhere in this Zoning Code shall not apply to the following:
(a) Farm Buildings, Architectural Features, Etc. Barns, silos or other farm buildings or structures on farms; church spires, belfries, cupolas, domes, monuments, water towers, fire and hose towers, observation towers, transmission towers, windmills, chimneys, smokestacks, flag poles, radio towers, masts and aerials; and parapet walls extending not more than four feet above the limiting height of the building;
(b) Places of Public Assembly. Places of public assembly in churches, schools and other permitted public and semipublic buildings, provided that these are located on the first floor of such buildings and provided that for each three feet by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district;
(c) Elevator Penthouses, Water Tanks, Etc. Bulkheads, elevator penthouses, water tanks, monitors and scenery lofts, provided no linear dimensions of any such structure exceed fifty percent of the corresponding street lot line frontage; and towers, monuments, fire towers, hose towers, cooling towers, grain elevators, gas holders or other structures, where the manufacturing process requires a greater height.
(Ord. 1420. Passed 2-28-66.)
1292.02 AREA; PROXIMITY TO LOT LINES.
No structure above the heights otherwise permitted in the district shall occupy more than twenty-five percent of the area of the lot and no such structure shall be less than fifty feet in all parts from every lot line not a street lot line.
(Ord. 1420. Passed 2-28-66.)
1294.01 AVERAGE DEPTH OF FRONT YARDS.
(a) In General. In any residence district, where the average depth of at least two existing front yards on lots within 100 feet of the lot in question and within the same block-front is less or greater than the least front yard depth prescribed elsewhere in this Zoning Code, the required depth of the front yard on such lot shall be modified. In such case, this shall not be less than the average depth or the average depth on the two lots immediately adjoining, or, in the case of a corner lot, the depth of the front yard on the lot immediately adjoining; provided, however, that the depth of a front yard on any lot shall be at least ten feet and need not exceed fifty feet.
(b) Steep Slopes; Front Yard Garage. In any residence district, where the natural grade of a lot within the required front yard has an average slope, normal to the front lot line at every point along such line, of such a degree or percent of slope that it is not practicable to provide a driveway with a grade of twelve percent or less to a private garage conforming with the local requirements of this Zoning Code, such garage may be located within such front yard, but not in any case closer than six feet from the lot line.
(c) Double Frontage Lots. Buildings on lots having frontage on two nonintersecting streets need not have a rear yard if an equivalent open space is provided on the lot in lieu of such required rear yard. However, applicable front yards must be provided on both streets.
(Ord. 1420. Passed 2-28-66.)
1294.02 REAR AND SIDE YARDS; HOW COMPUTED.
In computing the depth of a rear yard or the width of a side yard, where the rear or side yard abuts an alley, one-half of the width of the alley may be included as a portion of the required rear or side yard, as the case may be. However, no side yard shall be less at any point than three feet, and no rear yard less than ten feet.
(Ord. 1420. Passed 2-28-66.)
1294.03 SIDE YARD MODIFICATIONS.
(a) Side Yard Increased. Each side yard, where required, shall be increased in width by two inches for each foot by which the length of the side wall of the building, adjacent to the side yard, exceeds forty feet.
(b) Side Yard Varied; Wall Not Parallel. Side yard width may be varied where the side wall of a building is not parallel with the side lot line or is broken or otherwise irregular. In such case, the average width of the side yard shall not be less than the otherwise required least width. However, such side yard shall not be narrower at any point than one-half the otherwise required least width, or narrower than three feet in any case.
(c) Side Yard; Corner Lot. A side yard along the side street lot line of a corner lot, which lot abuts in the rear, either directly or across an alley, the side lot line of another lot in a residence district, shall have a width of not less than one-half the required depth of the front yard on such other lot fronting the side street.
(Ord. 1420. Passed 2-28-66.)
1294.04 REAR AND SIDE YARDS REDUCED.
Depth of a rear yard or width of each side yard may be reduced by four inches for each foot by which a lot, at the time of the enactment of this Zoning Code (Ordinance 1420, passed February 28, 1966), is less than 100 feet deep or less than fifty feet wide, provided, however, that no side yard shall be less at any point than three feet, or, in the case of a side yard along a side street lot line, less than five feet, and provided, further, that no rear yard shall be less than ten feet. Width of one side yard may be reduced when authorized by the Board of Zoning Appeals, in the case of a one-family or two-family dwelling, to a width of not less than three feet, provided that the sum of the widths of the two side yards is not less than the required minimum, and provided, further, that the distance between the proposed dwelling and another dwelling, existing or proposed, on an adjacent lot is not less than the required minimum sum of the widths of two side yards. However, such reduction may be authorized only when the Board finds it to be warranted by the location of existing buildings or conducive to the desirable development of two or more lots.
(Ord. 1420. Passed 2-28-66.)
1296.01 PROJECTION OF ARCHITECTURAL FEATURES.
Certain architectural features may project into required yards or courts as follows:
(a) Front and Side Yards. Into any required front yard, or required side yard adjoining a side street lot line:
(1) Cornices, canopies, eaves or other architectural features may project a distance not exceeding two feet, six inches.
(2) Fire escapes may project a distance not exceeding four feet, six inches
(3) An uncovered stair and necessary landings may project a distance not to exceed six feet, provided that such stair and landing do not extend above the entrance floor of the building except for a railing not exceeding three feet in height.
(4) Bay windows, balconies and chimneys may project a distance not exceeding three feet, provided that such features do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located.
(b) Interior Side Yards. Subject to the limitations in subsection (a) hereof, the above named features may project into any required side yard adjoining an interior side lot line, a distance not to exceed one-third of the required least width of such side yard, but not exceeding three feet in any case.
(c) Rear Yards. Subject to the limitation in subsection (a) hereof, the features named therein may project into any required rear yards the same distances they are permitted to project into a front yard. However, landings or porches may be covered and may project a distance not exceeding ten feet but not closer than ten feet from the rear lot line.
(Ord. 1420. Passed 2-28-66.)
1296.02 FENCES, WALKS AND HEDGES.
Fences, walks and hedges may be located in required yards as follows:
(a) If not exceeding at any point four feet in height above the elevation of the surface of the ground at such point, such features may be located in any yard.
(b) If not exceeding at any point six feet in height above the elevation of the surface of the ground at such point, they may be located in any required rear yard or side yard.
(Ord. 1420. Passed 2-28-66.)
1298.01 PUBLIC SANITARY FACILITIES NOT AVAILABLE.
In any district where neither public water supply nor a public sanitary sewer is accessible, the otherwise specified lot area and frontage requirements, if less than the following, shall be: lot area - 20,000 square feet; lot frontage at building line - 100 feet; provided, however, that where a public water supply system is accessible and will be installed, these requirements shall be 10,000 square feet and seventy-five feet, respectively.
(Ord. 1420. Passed 2-28-66.)
Kenton City Zoning Code
TITLE FOURTEEN
Zoning Code; Exceptions and Modifications
1290.01 DWELLING ON ANY LOT OF RECORD.
In any district where dwellings are permitted, a one-family detached dwelling may be erected on any lot of official record at the effective date of this Zoning Code (Ordinance 1420, passed February 28, 1966), irrespective of its area or width, if the owner does not own any adjoining property, provided that yard spaces satisfy requirements stipulated for the district in which such lot is located, or requirements as may be modified under Section 1294.04 or by the Board of Zoning Appeals as set forth in Section 1242.12.
(Ord. 1420. Passed 2-28-66.)
1292.01 HEIGHT LIMITATIONS NOT APPLICABLE.
The height limitations stipulated elsewhere in this Zoning Code shall not apply to the following:
(a) Farm Buildings, Architectural Features, Etc. Barns, silos or other farm buildings or structures on farms; church spires, belfries, cupolas, domes, monuments, water towers, fire and hose towers, observation towers, transmission towers, windmills, chimneys, smokestacks, flag poles, radio towers, masts and aerials; and parapet walls extending not more than four feet above the limiting height of the building;
(b) Places of Public Assembly. Places of public assembly in churches, schools and other permitted public and semipublic buildings, provided that these are located on the first floor of such buildings and provided that for each three feet by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district;
(c) Elevator Penthouses, Water Tanks, Etc. Bulkheads, elevator penthouses, water tanks, monitors and scenery lofts, provided no linear dimensions of any such structure exceed fifty percent of the corresponding street lot line frontage; and towers, monuments, fire towers, hose towers, cooling towers, grain elevators, gas holders or other structures, where the manufacturing process requires a greater height.
(Ord. 1420. Passed 2-28-66.)
1292.02 AREA; PROXIMITY TO LOT LINES.
No structure above the heights otherwise permitted in the district shall occupy more than twenty-five percent of the area of the lot and no such structure shall be less than fifty feet in all parts from every lot line not a street lot line.
(Ord. 1420. Passed 2-28-66.)
1294.01 AVERAGE DEPTH OF FRONT YARDS.
(a) In General. In any residence district, where the average depth of at least two existing front yards on lots within 100 feet of the lot in question and within the same block-front is less or greater than the least front yard depth prescribed elsewhere in this Zoning Code, the required depth of the front yard on such lot shall be modified. In such case, this shall not be less than the average depth or the average depth on the two lots immediately adjoining, or, in the case of a corner lot, the depth of the front yard on the lot immediately adjoining; provided, however, that the depth of a front yard on any lot shall be at least ten feet and need not exceed fifty feet.
(b) Steep Slopes; Front Yard Garage. In any residence district, where the natural grade of a lot within the required front yard has an average slope, normal to the front lot line at every point along such line, of such a degree or percent of slope that it is not practicable to provide a driveway with a grade of twelve percent or less to a private garage conforming with the local requirements of this Zoning Code, such garage may be located within such front yard, but not in any case closer than six feet from the lot line.
(c) Double Frontage Lots. Buildings on lots having frontage on two nonintersecting streets need not have a rear yard if an equivalent open space is provided on the lot in lieu of such required rear yard. However, applicable front yards must be provided on both streets.
(Ord. 1420. Passed 2-28-66.)
1294.02 REAR AND SIDE YARDS; HOW COMPUTED.
In computing the depth of a rear yard or the width of a side yard, where the rear or side yard abuts an alley, one-half of the width of the alley may be included as a portion of the required rear or side yard, as the case may be. However, no side yard shall be less at any point than three feet, and no rear yard less than ten feet.
(Ord. 1420. Passed 2-28-66.)
1294.03 SIDE YARD MODIFICATIONS.
(a) Side Yard Increased. Each side yard, where required, shall be increased in width by two inches for each foot by which the length of the side wall of the building, adjacent to the side yard, exceeds forty feet.
(b) Side Yard Varied; Wall Not Parallel. Side yard width may be varied where the side wall of a building is not parallel with the side lot line or is broken or otherwise irregular. In such case, the average width of the side yard shall not be less than the otherwise required least width. However, such side yard shall not be narrower at any point than one-half the otherwise required least width, or narrower than three feet in any case.
(c) Side Yard; Corner Lot. A side yard along the side street lot line of a corner lot, which lot abuts in the rear, either directly or across an alley, the side lot line of another lot in a residence district, shall have a width of not less than one-half the required depth of the front yard on such other lot fronting the side street.
(Ord. 1420. Passed 2-28-66.)
1294.04 REAR AND SIDE YARDS REDUCED.
Depth of a rear yard or width of each side yard may be reduced by four inches for each foot by which a lot, at the time of the enactment of this Zoning Code (Ordinance 1420, passed February 28, 1966), is less than 100 feet deep or less than fifty feet wide, provided, however, that no side yard shall be less at any point than three feet, or, in the case of a side yard along a side street lot line, less than five feet, and provided, further, that no rear yard shall be less than ten feet. Width of one side yard may be reduced when authorized by the Board of Zoning Appeals, in the case of a one-family or two-family dwelling, to a width of not less than three feet, provided that the sum of the widths of the two side yards is not less than the required minimum, and provided, further, that the distance between the proposed dwelling and another dwelling, existing or proposed, on an adjacent lot is not less than the required minimum sum of the widths of two side yards. However, such reduction may be authorized only when the Board finds it to be warranted by the location of existing buildings or conducive to the desirable development of two or more lots.
(Ord. 1420. Passed 2-28-66.)
1296.01 PROJECTION OF ARCHITECTURAL FEATURES.
Certain architectural features may project into required yards or courts as follows:
(a) Front and Side Yards. Into any required front yard, or required side yard adjoining a side street lot line:
(1) Cornices, canopies, eaves or other architectural features may project a distance not exceeding two feet, six inches.
(2) Fire escapes may project a distance not exceeding four feet, six inches
(3) An uncovered stair and necessary landings may project a distance not to exceed six feet, provided that such stair and landing do not extend above the entrance floor of the building except for a railing not exceeding three feet in height.
(4) Bay windows, balconies and chimneys may project a distance not exceeding three feet, provided that such features do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located.
(b) Interior Side Yards. Subject to the limitations in subsection (a) hereof, the above named features may project into any required side yard adjoining an interior side lot line, a distance not to exceed one-third of the required least width of such side yard, but not exceeding three feet in any case.
(c) Rear Yards. Subject to the limitation in subsection (a) hereof, the features named therein may project into any required rear yards the same distances they are permitted to project into a front yard. However, landings or porches may be covered and may project a distance not exceeding ten feet but not closer than ten feet from the rear lot line.
(Ord. 1420. Passed 2-28-66.)
1296.02 FENCES, WALKS AND HEDGES.
Fences, walks and hedges may be located in required yards as follows:
(a) If not exceeding at any point four feet in height above the elevation of the surface of the ground at such point, such features may be located in any yard.
(b) If not exceeding at any point six feet in height above the elevation of the surface of the ground at such point, they may be located in any required rear yard or side yard.
(Ord. 1420. Passed 2-28-66.)
1298.01 PUBLIC SANITARY FACILITIES NOT AVAILABLE.
In any district where neither public water supply nor a public sanitary sewer is accessible, the otherwise specified lot area and frontage requirements, if less than the following, shall be: lot area - 20,000 square feet; lot frontage at building line - 100 feet; provided, however, that where a public water supply system is accessible and will be installed, these requirements shall be 10,000 square feet and seventy-five feet, respectively.