No land, building, structure, or premises shall hereafter be used, and no building or part thereof, or other structure shall be located, erected, moved, reconstructed, extended, enlarged, or altered except in conformity with the regulations herein specified for the district in which it is located. Each district is established to permit only those uses specifically listed as permitted, except as hereinafter provided and is intended for the protection of those uses.

(Ord. passed 1-27-87) Penalty, see § 156.999

   In all cases arising under this zoning code, including but not limited to, change of zoning classification, eventual development of any kind, or application for approval of a development plan, the provisions of the city subdivision regulations shall apply in addition to the provisions of the zoning code.

(Ord. passed 1-27-87)

   A use other than those specifically mentioned in each district also may be allowed by the Board of Zoning Adjustment if, in the judgment of the Board, such use will not be incompatible with the character of the district in which it is located and will have no adverse influence on adjacent properties, the neighborhood, or the community.

(Ord. passed 1-27-87)

   The conversion of any building into a dwelling or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within the district in which a new building for similar occupancy would be permitted, and only when the resulting occupancy will comply with requirements governing new construction in that district, with respect to minimum lot size, lot area per dwelling unit, percentage of lot coverage, dimension of yards and other open spaces, and off-street parking.

(Ord. passed 1-27-87) Penalty, see § 156.999

   Agricultural land or buildings which are used solely for agricultural purposes or uses shall have no regulations imposed as to building permits, certificates of occupancy, height or yard, for agricultural building including and limited to one (1) mobile home used as a dwelling except as otherwise provided in this chapter, and as otherwise provided by state law.

(Ord. passed 1-27-87)

   Conditional uses may be permitted in districts as designated under this zoning code but only when specifically approved by the Board of Zoning Adjustment. All conditional uses shall be subject to the following regulations unless otherwise stated in this chapter.

   (A)   Conditional approval in all districts. The following conditional uses only may be approved in all zoning districts:

      (1)   Local public utilities and private transmission lines and pipes;

      (2)   Radio, television, or telephone transmission towers;

      (3)   Large utility structures and public service buildings;

      (4)   Expansion of railroads and appurtenances;

      (5)   Agricultural uses which are preferred (and conditional) uses in all districts where use existing at time of adoption of this chapter is agricultural;

      (6)   Mining which is subject to approval by the Kentucky Natural Resources and Environmental Protection Cabinet pursuant to KRS Chapters 350 and 351, as amended.

      (7)   Other conditional uses may be approved in only those zoning districts where they are designated as conditional uses under the zoning district regulations of this chapter.

   (B)   In applying for a conditional use permit, the applicant shall submit an application to the Administrative Official and shall follow all procedures set forth in this chapter, regarding the procedure for building permit application. The Administrative Official shall then refer the application to the Board of Zoning Adjustment. The Board shall charge a fee, as provided in § 156.016, for reviewing all conditional use permit applications, and shall notify all adjacent property owners by certified mail of the time and place of the meeting at which such review will occur. The applicant shall pay costs of notification upon receipt of a statement from the appropriate city official.

   (C)   The Board of Zoning Adjustment may approve, modify, or deny any application for a conditional use permit. If it approves the permit, it may attach necessary conditions such as time limitations, requirements that one (1) or more things be done before the request can be initiated or conditions of a continuing nature that there shall be no departure from this zoning code. The Board of Zoning Adjustment shall especially consider the effect of the conditional use on surrounding uses in determining whether a conditional use should be approved, modified, or disapproved. In such conditions, it shall be recorded in the Board’s minutes and on the conditional use permit along with reference to the specific section of the zoning code listing the conditional use under consideration. If the conditional use application is approved by the Board of Zoning Adjustment it shall issue written authorization to the Administrative Official to issue a conditional mining permit, building permit, or certificate of occupancy in conformance with this chapter. This written authorization by the Board of Zoning Adjustment shall include a statement of the factual determination by the Board of Zoning Adjustment which justifies the issuance of the permit and a statement of the specific conditions which must be met in order for the use to be permitted. Granting of a conditional use permit does not exempt the applicant from complying with all of the requirements of building, housing, and other regulations.

   (D)   No request for a conditional use permit for mining shall be considered until the owner, operator, or lessee of each mine shall submit to the Board of Zoning Adjustment a copy of the Preliminary Mining Application Document as submitted to the Kentucky Natural Resources and Environmental Protection Cabinet (KNREP). The Board of Zoning Adjustment may issue an Interim Conditional Use Permit for Mining, after all other requirements of this chapter have been met, contingent upon the permittee receiving a permit from KNREP to operate such a mine. Such final conditional use permit shall be applicable to the specific property and transferred with the property if the property is sold.

      (1)   The Board of Zoning Adjustment will not issue a final conditional use permit for mining until the permittee presents the state mining permit as issued by KNREP.

      (2)   As a stipulation of a conditional use permit for mining within the city limits, the owner, operator, or lessee of each mine shall be required to meet and comply with all requirements and regulations of the Kentucky Department of Surface Mining Reclamation and Enforcement, Kentucky Department of Mines and Minerals, the Federal Mine Safety and Health Administration, and the Federal Office of Surface Mining.

   (E)   All conditional use permits and accompanying final plats approved by the Board of Zoning Adjustment shall be recorded at the expense of the applicant in the office of the County Court Clerk, as provided by KRS 100.329.

      (1)   The Administrative Official shall not issue any building permits or certificates of occupancy for any conditional use permit or accompanying final plats until the conditional use permit and final plat, if any, have been properly recorded by the applicant.

      (2)   An approved and recorded conditional use permit shall limit and control the issuance of all building permits and shall restrict the construction, location, use, and operation of all land and structures to all conditions set forth in the conditional use permit and accompanying final plat; provided, however, that upon application to and approval by the Board of Zoning Adjustment, minor changes in the location of structures and other minor details, may be permitted. No change shall be authorized which violates the spirit and intent of the originally approved conditional use permit of the provisions of this chapter. A conditional use permit applies to the property for which it is granted and not to the individual who applied for it. A conditional use permit and accompanying final plat also run with the land and is transferable to any future owner of the land, but it cannot be transferred by the applicant to a different site.

   (F)   The Administrative Official shall review all conditional use permits, except those for which all conditions have been permanently satisfied, at least once annually and shall have the power to inspect the land or structure where the conditional use is located in order to ascertain that the owner is complying with all of the conditions listed on the conditional use permit. A written report of the annual review shall be submitted to the Mayor and Council. If the owner is not complying with all the conditions listed on the conditional use permit, the Administrative Official shall report the fact in writing to the Chairman of the Board of Zoning Adjustment. The report shall state specifically the manner in which the owner is not complying with the conditions on the conditional use permit, and a copy of the report shall be furnished to the Chairman of the Board of Zoning Adjustment. The Board of Zoning Adjustment shall hold a hearing on the report within a reasonable time, and notice of the time and place of the hearing shall be furnished to the owner at least one (1) week prior to the meeting. If the Board of Zoning Adjustment finds that the facts alleged in the report of the Administrative Official are true and that the owner has taken no steps to comply with them between the date of the report and the date of the hearing, the Board of Zoning Adjustment shall have the power to authorize the Administrative Official to revoke the conditional use permit authorized. Furthermore, the Board of Zoning Adjustment shall have a right of action to compel offending structures or uses removed at the cost of the violator and may have judgment in personam for such cost.

   (G)   In any case where a conditional use permit has not been exercised within the time limit set by the Board of Zoning Adjustment or within one (1) year, if no specific time has been set, the conditional use permit shall revert to its original designation. EXERCISED , as set forth herein, shall mean that binding contracts for the construction of the main building, buildings, or other improvements have been awarded, or in the absence of contracts that the main building, buildings, or other improvements are under construction to a substantial degree, or that prerequisite conditions involving substantial investment shall be under contract, in development, or completed. When construction is not a part of the use, EXERCISED shall mean that the use is in operation in compliance as set forth in the permit. In respect to conditional use permits for mining, EXERCISED shall be satisfied by presentation of the KNREP mining permit to the Board of Zoning Adjustment.

   (H)   Once the Board of Zoning Adjustment has completed a conditional use permit and all the conditions required are of such type that can be completely and permanently satisfied, the Administrative Official, upon request of the applicant, may, if the facts warrant, make a determination that the conditions have been satisfied and enter the facts which indicate that the conditions have been satisfied and the conclusion in the margin of the copy of the conditional use permit which is on file with the County Court Clerk. Thereafter, the use, if it continues to meet the other requirements of the regulations, will be treated as a permitted use.

(Ord. passed 1-27-87)

   Unless a development plan, as required in this chapter, has been approved, only one (1) principal building may be erected on any lot of record. Temporary structures are permitted during construction only.

(Ord. passed 1-27-87) Penalty, see § 156.999

   (A)   It is the intent of this chapter to recognize that the eventual elimination, as expeditiously as is reasonable, of existing uses or structures that are not in conformity with the provisions of this chapter is as much a subject of health, safety, and welfare as is the prevention of the establishment of new uses or structures that would violate the provisions of this chapter. It is also the intent of this chapter that any elimination of nonconformities shall be affected so as to avoid any unreasonable invasion of established private property rights.

   (B)   Nonconforming lots.

      (1)   Definition. A NONCONFORMING LOT is a lot that was lawfully created prior to the effective date of this chapter or a subsequent amendment thereto, but does not conform to the minimum gross land area or minimum lot width requirements established in this chapter for the zoning district in which it is located.

      (2)   Required combination or recombination of nonconforming lots.

         (a)   Where a nonconforming lot abuts another lot of record, whether conforming or nonconforming, held in the same ownership at or subsequent to enactment of this chapter, such lots shall be combined or recombined as necessary to form a conforming lot or lots and shall not thereafter be subdivided except in compliance with all of the requirements of this chapter.

         (b)   Where a nonconforming lot was created by public taking action or as a result of a court order, the above combination or recombination of lots shall not be required.

      (3)   Use of nonconforming lots. Where a nonconforming lot cannot be combined or recombined with other lots to form a conforming lot or lots, such nonconforming lot may be used subject to the compliance of the intended use and structure with applicable use regulations and with applicable setback and height regulations. However, any use (such as two-family or multi-family dwelling) that requires a greater gross land area than the minimum gross land area listed in this chapter for the appropriate zoning district shall not be permitted on a lot which does not conform to such minimum gross land area requirement. If compliance of the structure intended on the nonconforming lot with applicable setback regulations is not reasonably possible, the nonconforming lot may be used as a building site subject to the granting of a variance from such setback regulations by the Board of Zoning Adjustment in accord with the provisions §§ 156.030 through 156.033.

   (C)   Nonconforming uses.

      (1)   Definition. A NONCONFORMING USE is a use of land, buildings, or structures that was lawfully established prior to the effective date of this chapter, or a subsequent amendment thereto, but does not conform to the use regulations of this chapter for the zoning district in which it is located.

      (2)   Regulations. Nonconforming uses may be continued subject to the following limitations:

         (a)   A nonconforming use shall not be extended, expanded, enlarged, or moved to occupy a different or greater area of land, buildings, or structures than was occupied by such use at the time it became nonconforming, provided that a nonconforming use may be extended throughout any parts of a building which were specifically designed and arranged for such use at the time it became nonconforming.

         (b)   No building or structure devoted to a nonconforming use shall be enlarged, extended, reconstructed, moved, or structurally altered unless that building or structure is thereafter devoted to a conforming use.

         (c)   When a building or structure devoted to a nonconforming use is damaged to the extent of fifty percent (50%) or more of its current assessed taxable value, such building, if restored, shall thereafter be devoted to conforming uses.

         (d)   If a nonconforming use ceases for more than a twelve (12) month period, subsequent use of the land, or structures previously devoted to such use shall thereafter be devoted to conforming uses.

      (3)   Discontinuance.

         (a)   Any nonconforming use of land and any nonconforming use involving structures with a total replacement cost of less than five thousand dollars ($5,000.00) at the time such use became nonconforming shall cease with five (5) years after the date of the notice of nonconformity required in division (F) of this section.

         (b)   Any nonconforming use involving structures with a total replacement cost of five thousand dollars ($5,000.00) or more at the time such use became nonconforming shall cease with fifteen (15) years after the date of the notice of nonconformity required in division (F) of this section, or within forty (40) years after the construction of such structures, whichever is later.

   (D)   Nonconforming features.

      (1)   Definition. A NONCONFORMING FEATURE is a physical feature or characteristic of a use, building, structure, or other development of land that was lawfully established prior to the effective date of this section or a subsequent amendment thereto, but does not conform to the regulations of the performance standards of this chapter applicable to such use, building, structure, or development of land, including but not limited to, nonconforming structures, nonconforming signs, nonconforming parking facilities and nonconforming lighting.

      (2)   Regulations. Nonconforming features may be continued subject to the following limitations:

         (a)   No enlargement, extension, or structural alteration of any building, structure, or other development of land having a nonconforming feature shall increase the degree or extent of the nonconforming feature.

         (b)   When a building, structure, or other development of land having a nonconforming feature is damaged to the extent of fifty percent (50%) or more of its assessed taxable value, such building, structure, or development of land may be reconstructed only if the nonconforming feature is eliminated and the building or structure shall thereafter conform to the provisions of this section.

      (3)   Discontinuance.

         (a)   Any sign having a nonconforming feature shall be either eliminated, or made to conform with the provisions of this section within twelve (12) months after the date of the notice of nonconformity required in division (F).

         (b)   Any building, structurally independent or free-standing structure other than a sign, or other development of land (lighting, fencing, parking area, or accessory structure) having a nonconforming feature and having a replacement or correction cost of less than five thousand dollars ($5,000.00) shall be either eliminated or made to conform with the provisions of this section within five (5) years after the date of the notice of nonconformity required in division (F).

   (E)   Repairs and maintenance. Minor repairs to and routing maintenance of land, buildings, structures, or other development of land, or portion thereof, devoted to a nonconforming use or having nonconforming features are permitted, provided the cost of such repairs and maintenance within any twelve (12)-month period does not exceed ten percent (10%) of the current assessed taxable value of the land, buildings, structure, or other development of land, or portion thereof.

      (1)   Any structure or other development of land, or portion thereof, devoted to a nonconforming use or having a nonconforming feature, that is declared unsafe by the Building Inspector because of lack of repairs and maintenance shall not be restored, repaired, reconstructed, or used except in conformity with the provisions of this section.

      (2)   Any structure or other development of land, or portion thereof, devoted to a nonconforming use or having a nonconforming feature, that is declared unsafe by the Building Inspector, but not because of lack of repairs and maintenance, may be repaired and restored subject to the requirements of divisions (C) (2) and (D) (2) of this section.

   (F)   Nonconformity survey and notice. Within eighteen (18) months after the effective date of this chapter, or subsequent amendment thereto, the Codes and Zoning Enforcement Officer shall make an inventory of all nonconforming uses, signs having nonconforming features, and other significant nonconforming features existing within the city jurisdiction. On completion of the inventory, the Codes and Zoning Enforcement Officer shall notify the owner of the property on which each nonconformity is located of the determination of nonconformity, and reasons therefor, and the deadlines, where applicable, for compliance with the provision of this chapter. This requirement shall not preclude the further inventory and subsequent notices of nonconformity.

   (G)   Applications for permit to repair or re-establish nonconforming use.

      (1)   In any of the above cases where the owner of the property on which the nonconforming use exists desires to obtain a permit for re-establishment or repair of the nonconforming use, application for that permit shall be made within six (6) months of damage to structure, discontinued use, or declaration of unsafe status to the Administrative Official with payment of the appropriate fee.

      (2)   The Board of Zoning Adjustment shall consider such applications within sixty (60) days of receipt, and, if the Board reasonably concludes that strict application of the nonconforming use provisions of this chapter practically destroys or greatly decreases the value of specific pieces of property and adjacent property, it may set conditions for re-establishment or repair of the nonconforming use which promote substantial justice for all persons concerned. Such conditions may include, but are not limited to, presentation of a security bond acceptable to the City Attorney. A unanimous vote of the entire Board of Zoning Adjustment shall be required for approval.

   (H)   Appeal. Appeal of the decision may be made as provided in KRS Chapter 100.

   (I)   Restrictions. The Board of Zoning Adjustment shall be governed by the following restrictions pursuant to KRS 100.253:

      (1)   The Board shall not allow the enlargement or extension of a nonconforming use beyond the scope and area of its operation at the time the regulation which makes its use nonconforming is adopted;

      (2)   The Board shall not permit a change from one nonconforming use to another unless the new nonconforming use is in the same or a more restrictive classification;

      (3)   In addition, the Board shall not permit replacement or repair of nonconforming mobile homes.

(Ord. passed 1-27-87) Penalty, see 156.999

   The height limitations contained in the district regulations shall not apply to antennas, water tanks, ventilators, chimneys, or other appurtenances.

(Ord. passed 1-27-87)

   (A)   Visibility. No wall, fence, sign, or shrubbery, or any other similar obstruction, shall be erected, maintained, or planted on any lot which unreasonably obstructs or interferes in traffic visibility on a curb or at a street intersection.

   (B)   Application of yards to one building only. No part of a yard required for any building may be included as filling the yard requirement for an adjacent building.

   (C)   Use of yards for accessory building. No accessory structures shall be permitted in front yards. They are permitted in rear or side yards according to dimensional and area regulations in each zone.

(Ord. passed 1-27-87) Penalty, see § 156.999

   (A)   The following uses are prohibited in all districts:

      (1)   Stockyards.

      (2)   Recreational vehicles within the city limits used for habitation, over seven (7) days, except in a conditionally approved commercial location.

   (B)   The Administrative Official shall ensure that all junkyards existing as nonconforming uses maintain valid permits to operate issued by the State Department of Transportation, as required by KRS 177.905 through 177.951, and shall ensure that all screening required by the State Department of Transportation is maintained as long as the junkyard remains in operation.

   (C)   No manufacturing or other process shall be carried on that is objectionable by reason of odor, dust, smoke, gas, fumes, noise, vibration, refuse matter, or water-carried waste.

(Ord. passed 1-27-87) Penalty, see 156.999

   (A)   Any person, firm, entity, or corporation seeking a review of a subdivision plan by the Technical Advisory Committee pursuant to the subdivision regulations adopted by the Pike County, Elkhorn City and City of Pikeville Planning Commission pursuant to KRS 100.273 shall be required to compensate the city for fees paid to the members of the Technical Advisory Committee for review of the applicant's subdivision proposal. The applicant will be required to pay to the city these fees prior to the Technical Advisory Committee rendering its final report to the Planning Commission.

   (B)   The fees for the members of the Technical Advisory Committee for which the applicant will be required to reimburse the city are as follows:

      (1)   Twenty-five dollars ($25.00) per hour, per member, for actual time spent in the review of the applicant's subdivision proposal, not to exceed two (2) hours per proposal;

      (2)   Twenty-five dollars ($25.00) per hour, per member, for actual time spent in on-site inspection of the applicant's proposed subdivision, not to exceed four (4) hours per site inspection;

      (3)   Twenty-five dollars ($25.00) per hour, per member, for actual time spent in committee meetings considering the applicant's proposed subdivision, not to exceed one (1) hour per Committee meeting.

   (C)   If the applicant's proposed subdivision plan is not approved as originally submitted and requires additional on-site inspections, the applicant shall be required to pay the aforementioned fee for the additional inspection(s).

   (D)   The Technical Advisory Committee before rendering its final report to the Planning Commission for a subdivision proposal shall submit to the applicant, its fees as set out above. The applicant shall be required to make payment to the city for the amount of said fees prior to the Technical Advisory Committee's submission of its final report to the Planning Commission.

(Ord. 0-95-010, passed 12-21-95)

   (A)   An outpatient drug or alcohol treatment clinic is a program or facility operated for the purpose of and specializing in the care, treatment and/or rehabilitation of persons suffering with addictions or dependency to alcohol or controlled substance addictions. This includes programs or facilities that administer or distribute Methadone, Suboxone or other controlled substances for the treatment of drug addiction. An outpatient drug or alcohol treatment clinic is not a state licensed hospital as per this zoning chapter. Outpatient drug or alcohol treatment clinic does not include hospitals or programs consisting solely of support group activities without treatment by licensed health practitioner, such as Alcoholics Anonymous, Narcotics Anonymous and similar programs.