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Owingsville City Zoning Code

GENERAL DEVELOPMENT

REGULATIONS

§ 152.040 COORDINATION WITH SUBDIVISION REGULATIONS.

   (A)   In all cases where the ownership of land is divided for the purpose of eventual development of lots of any kind, whether residential, commercial, or industrial, the subdivision regulations, and amendments thereto, shall apply in addition to the provisions of this chapter.
   (B)   Along any arterial street where subdivided land and its minor streets are not sufficiently developed to permit acceptably spaced access points, the Planning Commission may approve the platting of temporary access points and may require that those temporary access points be eliminated by the developer when minor streets or marginal access streets are extended to the approved permanent access points. These requirements shall be listed as special conditions on the final recorded plat. Access points shall also meet federal and state standards where applicable.
(Ord. 14-1986, passed 12-1-86) Penalty, see § 152.999
                
Cross-reference:
   Subdivision regulations, see Chapter 151

§ 152.041 WATER SUPPLY AND SEWAGE DISPOSAL.

   (A)   No building shall be constructed or occupied unless the water supply and sewage disposal facilities have been approved by the Water and Sewer Department and the appropriate local health official.
   (B)   Whenever water or sewer is readily accessible, buildings to be occupied shall be connected to these lines. In every other case, individual water supply and sewage disposal facilities must meet the requirements set forth by this chapter and by the local health department.
   (C)   In addition to the health department requirements, the following shall apply:
      (1)   The following provisions are primarily intended to allow the construction of rural, scattered lot housing development. The demand for this type of development is recognized but is not encouraged in the urbanized area outlined in the city's comprehensive plan due to the difficulty and overall inefficiency in providing requisite public services.
      (2)   Public water not accessible. In areas where a public water supply system is not accessible, lots for single-family residences utilizing a septic tank disposal system shall be at least five acres in size.
      (3)   Public water accessible. Where an approved public water system is accessible, lots for single-family residences utilizing a septic tank disposal system shall be at least one acre, with a minimum lot width of 150 feet.
      (4)   Multi-family and nonresidential uses. Lot areas and type of sewage treatment for multi-family residences and nonresidential uses shall be determined by the Planning Commission on an individual basis. The Planning Commission shall make their determination based upon percolation tests, estimated quality and quantity of effluent, possible pollution of adjacent land, future possibility of serving the area, and other factors deemed important by the Planning Commission. The Planning Commission may require the developer to submit technical data and opinions from various professional sources to aid them in their determination of lot size and treatment procedures.
(Ord. 14-1986, passed 12-1-86) Penalty, see § 152.999

§ 152.042 VISIBILITY AT INTERSECTIONS.

   On a corner lot in any zoning district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two feet and 12 feet. The area shall be bounded by the right-of-way lines of the corner lots and a line joining points along the right-of-way lines.
(Ord. 14-1986, passed 12-1-86) Penalty, see § 152.999

§ 152.043 FENCES, WALLS, AND HEDGES.

   Notwithstanding any other provisions of this chapter, fences, walls, and hedges may be permitted in any yard or along the edge of any yard.
(Ord. 14-1986, passed 12-1-86)

§ 152.044 ACCESSORY BUILDINGS.

   (A)   No accessory building shall be erected in any yard other than a rear yard; provided that an accessory building may be erected as part of the principal building and shall be at least six feet from the principal building. It may be connected by a breezeway or some similar structure, provided all yard and court requirements of this chapter for a principal building are complied with.
   (B)   That accessory buildings shall not exceed the height of the principle structure. In no case shall an accessory building exceed 20 feet in height measured at mid-gable and be a distance of at least five feet from real property lines, and at least five feet from lot lines of adjoining lots in a residential district, provided that an accessory building may be constructed adjacent to a side or rear lot line as provided by this section.
   (C)   That accessory buildings in residential zones shall not exceed the lot coverage of the building(s) to which they are accessory. The maximum height of accessory buildings in residential zones shall not exceed the requirements of § 403.3(B). The total size of all buildings accessory to dwelling units shall be limited to no more than 50% of the total square footage of the building to which they are accessory, or 625 square feet, whichever is greater.
   (D)   For the purpose of this section, the measurement shall be as follows: The “height” of a wall of a structure of a part of a building is the mean vertical distance from the average established grade in front of the lot; or from the average nature grade at the building line, if higher, to the average height of the top of the cornice of a flat roof or floorline; or to the deck line of a mansard roof; or to the middle height of the highest gable or dormer in a pitched or hipped roof; or if there are no gables or dormers, to the middle height of such pitched or hipped roof.
(Ord. 14-1986, passed 12-1-86; Am. Ord. 6-2003, passed 3-10-03) Penalty, see § 152.999

§ 152.045 REGULATIONS FOR LOTS AND YARDS.

   (A)   Construction of more than one principal structure on a lot. In any district, more than one structure which houses a permissible use may be constructed on a single lot, provided that yard and other requirements of this chapter shall be met for each structure as though it were on an individual lot.
   (B)   Front yard regulations for corner and double-frontage lots. Corner lots and double-frontage lots shall as a minimum, on both of the adjacent streets, meet the front yard regulations of the district in which they are located.
   (C)   Application of yards to one building only. No part of a yard required for any building may be included as fulfilling the yard requirements for an adjacent building.
   (D)   Yard requirements along less restricted district boundary line. Along any zoning boundary line, any abutting side yard, rear yard, or court area on a lot adjoining the boundary line in the less restricted district shall have a minimum width and minimum depth for yards and courts in the more restricted district.
(Ord. 14-1986, passed 12-1-86) Penalty, see § 152.999

§ 152.046 EXCEPTION TO HEIGHT RESTRICTIONS.

   The height limitations contained in the schedule of district regulations shall not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for any human occupancy, including agricultural buildings.
(Ord. 14-1986, passed 12-1-86)

§ 152.047 STRUCTURE ACCESS.

   Every building hereafter constructed or moved shall be on a lot adjoining a public street for at least 25 feet or with access to an approved private street, and all structures shall be located on lots as to provide safe and convenient access for service, fire protection, and off-street parking.
(Ord. 14-1986, passed 12-1-86) Penalty, see § 152.999

§ 152.048 MULTI-FAMILY HOUSING.

   In the case of multi-family housing of two or more buildings to be constructed on a parcel of ground, not subdivided into the customary streets and lots, and which will not be so subdivided or where the existing or planned streets and lot layout make it impracticable to apply the requirements of this chapter to the individual building units in such housing, the application of the terms of this chapter may be varied by the Planning Commission in a manner which will be in harmony with the character of the neighborhood. In no case shall the Planning Commission authorize a use prohibited in the zoning district in which the housing is to be located, or a smaller lot area per family than the minimum required in such a district. Neither public hearing nor action by the Planning Commission or City Council is required for authorization, but the Planning Commission may impose conditions in keeping with the intent and purpose of this chapter.
(Ord. 14-1986, passed 12-1-86)

§ 152.049 JUNKYARDS.

   Junkyards are designated as permitted uses only in I-3 Heavy Industrial Districts. They shall conform with this chapter prescribing regulations for nonconforming uses. The Administrative Officer/Building Inspector shall ensure that all existing junkyards maintain valid permits to operate issued by the Kentucky Transportation Cabinet, Department of Highways, as required by KRS 177.905 through 177.990 and shall ensure that all screening required is maintained as long as the junkyard remains in operation.
(Ord. 14-1986, passed 12-1-86) Penalty, see § 152.999