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Union City Zoning Code

ARTICLE 4

ENFORCEMENT and PERMITTING

SECTION 400 ZONING PERMITS REQUIRED

  • A.
    No building or other structure shall be erected, moved, added to, structurally altered, nor shall any building, structure, or land be established or changed in use or character without a permit that has been issued by the Zoning Administrator or designee. Zoning Permits are required for single family dwelling units, duplex dwelling units, residential additions and accessory structures except when Site Plan Review is otherwise required by these regulations. Zoning Permits are also required for tenant finishes for previously occupied, non-residential structures and where tenants or users were not known at the time when Site Plan Review was conducted by the Boone County Planning Commission for a completed structure. Site Plan Review is required when specified by individual zoning districts or ARTICLE 30.
  • B.
    For proposed retaining walls, a Zoning Permit or Minor Site Plan application as applicable is required if the wall is four (4) feet or less in height, will not change the overall grading and/or drainage design of the site, is not a substantive structural component of a grade, and will not result in property damage if the wall fails. When the scope of work is limited to a retaining wall that is merely a decorative component of a landscape design, then no approval by the Planning Commission is required. A Major Site Plan application, or Grading Plan application per the Boone County Subdivision Regulations if applicable, is required if a proposed retaining wall is greater than four (4) feet in height, will change the overall grading and/or drainage design of the site, is a substantive structural component of a grade, or would potentially cause property damage if the wall fails.
  • C.
    Zoning Permits shall be issued only in conformity with the provisions of these regulations unless the Zoning Administrator receives a written order from the Board of Adjustment deciding an appeal, conditional use, or variance. Neither the Zoning Administrator nor the Building Inspector shall have the power to permit any construction, or to permit any use or change of use which does not conform to the literal terms of the zoning regulations.
  • Effective on: 12/20/2022

    SECTION 401 CONTENTS OF APPLICATION FOR ZONING PERMIT

  • A.
    The owner or applicant seeking approval of a Zoning Permit shall obtain and complete the application provided for this purpose. The application for a Zoning Permit shall be completed in full and signed by the owner or applicant attesting to the accuracy of all information supplied on the application and all supplemental plans and materials required by said application. A copy of the approved Demolition Permit shall be submitted with any Zoning Permit application that includes demolition work.
  • Effective on: 12/20/2022

    SECTION 402 APPROVAL OF ZONING PERMIT

  • A.
    Within seven (7) working days after the receipt of an application, the Zoning Administrator or his/her designee shall either approve or disapprove the application in conformance with the provisions of these regulations. All Zoning Permits shall, however, be conditional upon the commencement of the improvement(s) or use within two (2) years. One copy of the plans shall be returned to the applicant by the Zoning Administrator or designee after he or she has marked such copy either as approved or disapproved. One copy of plans, similarly marked, shall be retained by the Planning Commission. A copy of the approved plans shall be retained on the job site until all site improvements have been completed and have been accepted by the Boone County Planning Commission.
  • Effective on: 12/20/2022

    SECTION 403 EXPIRATION OF ZONING PERMIT

  • A.
    If the use or construction of the improvement(s) approved in any Zoning Permit has not begun within two (2) years from the date of issuance thereof, said permit shall expire. The permit may be extended by the Zoning Administrator for up to six (6) months, if good cause has been shown, upon request of the applicant prior to the expiration date.
  • Effective on: 12/20/2022

    SECTION 404 CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATION, PLANS, PERMITS, AND CERTIFICATES

  • A.
    Zoning Permits issued on the basis of plans and applications approved by the Zoning Administrator authorize the use, arrangement and construction set forth in such approved plans and applications or amendments thereto, and no other use, arrangement, or construction. Use, arrangement, or construction contrary to that authorized by the approved Zoning Permit shall be deemed a violation of these regulations, and is punishable as provided in SECTION 406.
  • Effective on: 12/20/2022

    SECTION 405 COMPLAINTS REGARDING VIOLATIONS

  • A.
    Whenever a violation of these regulations occur, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Administrator or Zoning Enforcement Officer. The Zoning Administrator or Zoning Enforcement Officer shall record such complaint, immediately investigate, and if warranted, take action thereon as provided by these regulations.
  • Effective on: 12/20/2022

    SECTION 406 PENALTIES FOR VIOLATION

  • A.
    Any person or entity who violates any of the provisions of these regulations shall upon conviction be fined not less than ten (10) but no more than five hundred (500) dollars for each conviction. Each day a violation exists shall constitute a separate offense.
  • B.
    However, if any legislative body or fiscal court has established a Code Enforcement Board pursuant to the Local Government Code Enforcement Board Act (KRS 65.8801 through 65.8839) for which violations of zoning regulations are classified as a civil offense for which civil fines may be imposed, then such violations shall be referred to the Code Enforcement Board having jurisdiction for enforcement purposes (see also SECTION 407 of these regulations).
  • Effective on: 12/20/2022

    SECTION 407 CODE ENFORCEMENT BOARDS

  • A.
    If any of the legislative bodies create a code enforcement board pursuant to KRS 65.8808 or other applicable law for which violations of zoning regulations are classified as a civil offense and civil fines are imposed, then such violations shall be referred to the code enforcement board for enforcement purposes. The cities of Florence, Union, and Walton have duly established Code Enforcement Boards for this purpose.
  • Effective on: 12/20/2022

    SECTION 408 COMPLIANCE WITH REGULATIONS

  • A.
    The regulations for each district set forth by these regulations shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as otherwise provided in these regulations. All owners, lessees, or occupants of any structure or land shall, at all times, comply with all applicable regulations and requirements of these regulations. However, the ultimate responsibility for compliance shall rest with the property owner and this responsibility cannot be delegated or assigned to any other person or party. Further, the following provisions apply;
    1. 1.
      No building, structure, or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.
    2. 2.
      No building or other structure shall be erected or altered to:
      1. a.
        Provide for greater height or area or,
      2. b.
        Accommodate or house a greater number of families or,
      3. c.
        Have narrower or smaller rear yards, front yards, side yards, or other open spaces, than herein required, or in any other manner be contrary to the provisions of these regulations.
    3. 3.
      No yard or lot existing at the time of passage of these regulations shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of these regulations shall meet at least the minimum requirements set forth herein, except in the case of subdivisions as specified in SECTION 207 of these regulations.
  • Effective on: 12/20/2022

    SECTION 409 SCHEDULE OF FEES, CHARGES, AND EXPENSES

  • A.
    The Planning Commission shall establish a schedule of fees, charges, and expenses and a collection procedure for zoning permits, amendments, appeals, variances, conditional use permits, plan approvals, and other matters pertaining to the administration and enforcement of these regulations requiring investigations, legal advertising, postage, and other expenses. Such fees shall bear relationship to the costs of administering and enforcing the actions requested. The schedule of fees shall be posted in the office of the Zoning Administrator. Until all application fees, charges, and expenses have been paid in full, no review shall begin on any application or appeal.
  • Effective on: 12/20/2022