1.1       ENACTING CLAUSE

By adoption of this ordinance, the City of Leitchfield wishes to exercise the authority granted by the Kentucky Constitution, and the Kentucky  Revised Statutes, Chapter 100, Section 100.201 through 100.271 to a legislative body to regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes, that the City of Leitchfield be divided into districts as hereinafter described, and that the regulations, restrictions and boundaries of districts shall be established, enforced and amended as provided in this Regulation.

1.2       TITLE

This regulation shall be known as the “Zoning Ordinance for Leitchfield, Kentucky” hereinafter referred to as “the Ordinance.”  The map herein referred to, which is identified by the title “Leitchfield Zoning District Map”, Planning Commission Adoption dated June 4, 1999, City Council Adoption dated July 19,1999, Effective Date January 1, 2000, thereon, is hereby adopted and made a part of this regulation.

1.3       PURPOSE

The zoning regulations and districts as herein set forth have been made in accordance with the Leitchfield Comprehensive Plan for the purpose of promoting the public health, safety, goals, and convenience, order, prosperity, and general welfare of the community.  They have been designed to lessen congestion in the streets to secure safety from fire, panic and other dangers, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provision of transportation, water, sewerage control, schools, parks, and other public requirements.  They have been made with reasonable consideration, among other things, as to the character of each district and its peculiar suitability for particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the City of Leitchfield.

1.4       INTERPRETATION

The provisions herein shall be interpreted uniformly so as to implement and protect the purposes for which they are enacted.  In the interpretation and application of this Ordinance, the provisions herein shall be held to be of the minimum or maximum requirements (as stated); adopted for the promotion of the health, safety, morals, comfort, prosperity, well-being and general welfare.  It is not intended by this Ordinance to repeal, abdicate, annul or in any way impair or interfere with any private restrictions placed upon property such as covenants, deeds or recorded plats; provided, however, where this Ordinance imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires greater lot areas, larger yards or other open spaces, than are imposed by such private restrictions, the provisions of the Ordinance shall control.

1.5       CONFLICT OF ORDINANCE

Whenever this Ordinance, or subdivision plats or development plans approved in conformance with these regulations, is in conflict with applicable Kentucky Revised Statutes, or other local ordinances, regulations or laws, the more restrictive statute, ordinance, regulations, plat or plan shall govern and shall be enforced by the appropriate local agency.  When subdivision and development plans, approved by the Planning Commission, contain setbacks or other features in excess of the minimum Ordinance requirements, such features as shown on the approved plans shall govern.  Private deed restrictions or private convenants for a subdivision do not fall within the jurisdiction of enforcement by any local agency and cannot be enforced by the Leitchfield Planning Commission.

1.6       PLANS AND CONSTRUCTION IN PROGRESS

To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the plans, construction or designated use of any building or premises on which an application for a permit was filed with the Leitchfield Planning Commission  prior to the date of adoption of the Ordinance or amendment thereto, providing that the application meets all zoning and other requirements in effect on the date of said application.  The permit issued pursuant to applications made before the date of adoptions of the Ordinance shall be valid only if it is exercised within one year of the date of issuance of the permit.  “Exercised” as set forth in this sections, shall mean that a binding contract for the construction of the main building or other main improvements are under construction, or that prerequisite conditions involving substantial investments 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 with the conditions set forth in the permit.  Building/zoning permits are not required for routine maintenance, repairs, and renovations not increasing the size of a structure.

1.7       SEPARABILITY

If any clause, sentence, subdivision, paragraph, section or part of this Ordinance be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which said judgment shall have been rendered.

1.8       DEFINITIONS

For the purpose of this Ordinance, certain terms are herewith defined.  When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural, words in the plural number include the singular; the word ‘person’ includes association, firm, partnership, trust, governmental body, corporation, organization, as well as an individual; the word ‘structure’ includes building; the word ‘occupied’ includes arranged, designed or intended to be occupied; the word ‘used’ includes arranged, designed or intended to be used; the word ‘shall’ is always mandatory and not merely directive; the word ‘may’ is permissive; and the word ‘lot’ includes plot or parcel.  Other words or terms shall have the following respective meanings.

ABANDONED SIGN    An on-premises sign, the use for which it represents having been discontinued for a period of thirty (30) consecutive days.

ACCESSORY USE OR STRUCTURE   A use or structure subordinate to the principal use or building on a lot and serving a purpose customarily incidental thereto, including structures such as satellite antennas.

ADMINISTRATIVE OFFICIAL   Any department, employee or advisory, elected or appointed body which is authorized to administer any provision of the zoning regulation, subdivision regulations, and if delegated, any provision of any housing or building regulation or any other land use control regulation.

AGRICUTURAL USE   The use of a tract of land of at least five (5) contiguous acres for the production of agricultural or horticultural crops, including but not limited to
 

livestock, livestock products, poultry, poultry products, grain , hay, pastures, soybeans, tobacco, timber, orchard fruits, vegetables, flowers, or ornamental plants, including provisions for dwellings for person and their families who are engaged in

the above agricultural use of the tract, but not including residential building development for sale or lease to the public.

ALLEY   A public or private vehicular way which affords a means of access to the rear or side of properties adjacent to it and not intended for general traffic circulation.

ALTERATIONS   Any change in the supporting members of a building such as bearing walls, columns, beams, or girders.

APARTMENT HOUSE   For the purpose of this regulation an apartment house means any building which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of more than two families living independently of each other with cooking facilities for each family.

ASSEMBLY   A joining together of completely fabricated parts to create a finished product.

BASEMENT   An area below the first floor, having part but no more than one-half of it’s height above grade, used for storage space by occupants of the building, janitor quarters, or other utilities common to the rest of the building.  A basement used for the above purposes shall note be counted as a story.

BASIC MANUFACTURE   The first operation or operation which transforms a material from its raw state to a form suitable for fabrication.

BED & BREAKFAST   An establishment providing lodging and meals in a residential setting for overnight paying guest.

BILLBOARDS   Any notice or advertisement, pictorial or otherwise, with an area of 300 or more square feet, and also those used as an outdoor display for the purpose of making anything known, the origin or place of  sale of which is not on the plot with such display, except that governmental notices shall not be considered as billboards.

BUFFER AREA   A strip of land which is located along the perimeter of a piece of property and is a minimum of five (5) feet wide and contains all perimeter landscaping as specified in this Ordinance.  E.g.. Open spaces, landscaped areas (including screen trees), fences, walls, berms, or any combination thereof used to physically separate or screen one use or property from another so as to visually shield or block noise, lights, or other nuisances.

BUILDING   Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels, or property; to include fences.

BUILDING PERMIT   A document issued by the administrative official authorizing the use of lots, structures, uses of land and structures, and the characteristics of the uses - consisting of written permission for the construction of or addition to a structure.  such a permit is issued in the application of building codes.  Building permits are to be issued by the City for residential construction activities.  For all other construction activities, the building permit is to be issued by the Commonwealth or the County.

BUILDING SETBACK LINE   A line in the interior of a lot which is generally parallel to, and a specified distance from, the street right-of-way line or lines.  No building shall then be placed in the space between the building setback line and the right-of-way.

CAMPGROUND   A plot of ground upon which two or more campsites are located, established, or maintained for occupancy by camping units such as temporary living quarters for recreation, education, or vacation purposes only (45 consecutive days or less).

CARPORT   Space for the housing or storage of motor vehicles, camper trailers, or boats and enclosed on not more than two sides by walls.

CELLULAR ANTENNA   Any structure or device used to collect or radiate electromagnetic waves, including both directional antennas, such as panels, microwave dishes and satellite dishes, and omni-directional antennas, such as whips, at frequencies on the electromagnetic spectrum as the FCC from time to time may designate, used for cellular telecommunications services and/or personal communications services, but not including such structures or devices when used for the broadcast of television, AM or FM radio stations or for citizens’ band or amateur radio use.  Examples of cellular telecommunications or personal communications services include paging, public safety, data transmission, specialized Mobile Radio, Enhanced Specialized Mobile Radio, and other commercial private radio services., but are not limited to, cellular telephone,

CELLULAR ANTENNA TOWER   Any structure that is designed and constructed primarily for the purpose of supporting one or more cellular antennas.  This includes guyed towers, lattice towers, monopoles, alternative cellular antenna tower structures

and towers taller than 15 feet constructed on the top of another building, along with any separate building on the lot used to house any supporting electronic equipment.

CENTER LINE OF A STREET   The center of the surfaced roadway or the surveyed center line of the street, as defined by the City Engineer or authorized representative.

CERTIFICATE OF OCCUPANCY   A document issued by a governmental authority allowing the occupancy or use of a building and certifying that the structure or use has been constructed and will be used in compliance with all the applicable municipal codes and ordinances

CHILD CARE CENTER   A facility providing direct care and protection of five (5) or more infants, preschool, and school age children outside of their own homes during a portion of a twenty-four (24) hour day.

CHURCH   A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

CLUB PRIVATE   Buildings and facilities, the purpose of which is to render a social, educational, or recreational service to members and their guests and not primarily to render a service customarily carried on as a business or to render a profit.  Private club shall include country club.

CO-LOCATION   Locating one or more cellular antennas for more than one provider on single cellular antenna tower or alternative cellular tower structure on a single lot.

COMMERCIAL WAREHOUSE   A building or portion thereof used for storage of any property not permitted in a residential storage warehouse.  This shall not be deemed to include the storage area in connection with a purely retail business when located on the same property.

COMMISSION   The Leitchfield Planning Commission.

COMPREHENSIVE PLAN   A comprehensive, long-range plan intended to guide the growth and development of a community or region that typically includes

inventory and analytic sections leading to recommendations for the community’s future economic development, housing, recreation, and open space, transportation, community facilities, and land use, all related to the community’s goals and objectives for these elements.

CONDITIONAL USE   A use which is essential to or would promote the public health, safety or welfare in one or more zones, but which would impair the integrity and character of the zone in which it is located, or in  adjoining zones, unless restrictions on location, size, extent, and character of performance are imposed in addition to those imposed in the zoning regulation.

CONDITIONAL USE PERMIT   A legal authorization to undertake a conditional use, issued by the administrative official pursuant to authorization by the board of adjustment, consisting of two (2) parts:

1:         A statement of the factual determination by the board of adjustments which justifies the issuance of the permit; and

2:         A statement of the specific conditions, which must be met in order for the use to be permitted.

DETACHED STRUCTURE   A structure having no common wall with another principal structure.  Common walls with accessory structures are allowed.

DIRECTIONAL SIGN   A non-commercial sign of an instructional nature, such as "parking", "exit" or "entrance", displayed solely for the convenience of the public.  No more than twenty-five percent (25%) of such sign shall be devoted to the name or logo of the property, business or profession on the site and containing no business advertising, product trade name identification or listing of any product sold or offered on the premises.

DWELLING UNIT   One or more rooms, designed, occupied, or intended for occupancy as a separate living quarter, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.

FABRICATION   Manufacturing, excluding the refining or other initial processing of basic raw materials such as metal ores, lumber, or rubber.  Fabrication relates to stamping, cutting, or otherwise shaping the processed materials into useful objects.

FAMILY   One or more persons occupying a premises and living as a single nonprofit housekeeping unit.

FENCE   An artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas.

FLASHING SIGN   Any sign having a conspicuous and /or intermittent variation in the illumination.

FLAT SIGN   Any sign painted on or affixed to a building and which sign does not project more than six inches from such building.

FLOOR AREA   The sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces on the exterior walls or from the centerline of walls separating two buildings, but not including:

1.         Attic space providing headroom of less than seven feet.

2.         Basement space.

GARAGE PRIVATE   A space or structure, including a carport, on the same lot with or in the buildings to which it is accessory, primarily for storage only of automobiles of the residents of the premises.

HEIGHT, ANTENNA TOWER   The distance from the anchored base of the tower, whether on the top of another building or at grade, to the highest point of the structure, even if the highest point is the top of the antenna.

HEIGHT OF BUILDING   The vertical distance from the established average sidewalk grade, or street grade, or finished grade at the building line, whichever is highest, to the highest point of the building.

HEIGHT OF SIGN   The vertical distance measured from the highest point of the sign including the frame and any embellishments whichever is greater.

HIGHWAY SEE "STREET"   Any vehicular way (KRS 100.111(20)), any public or private way set aside for public travel 20 feet or more in width.  The word "STREET" shall include the words, "road," "highway," and "thoroughfare."

HOME OCCUPATION   Occupations of dressmaking, handicrafts, millinery, laundering, preserving, home cooking, limited sales or professional services, but excluding barber shops and beauty parlors, but only when said permitted occupations are performed under all the following conditions:

1.                  The use is clearly incidental and secondary to use for dwelling purposes;

2.         The use is conducted entirely within a dwelling unit and not in any accessory building;

3.         The use is carried on only by residents of the dwelling;

4.         The use does not require external alteration to the dwelling;

5.         The use does not adversely affect the uses permitted in the immediate

neighborhood and does not substantially increase traffic generation or noise.

HOTEL OR MOTEL   A building in which lodging or boarding are provided and offered to the public for compensation.  As such it is open to the public in contradiction to a boarding house, rooming houses, lodging houses, or dormitory which is herein separately defined.

ILLUMINATED SIGN   Any sign designed to emit or brightly reflect artificial light from any source fixed or incidental.

INCIDENTAL SIGN  A small sign, not exceeding two (2) square feet, limited to information and directions related to the permitted use on the lot or building on which the sign is located and containing no direct illumination.  Examples of incidental signs would include "no smoking," "restroom," "no solicitors," "no trespassing," "self service," "vacancy," credit card acceptance signs, signs indicating hours of business and similar information.

INDUSTRY   A specific branch of business that obtains its salable items through the assembly of parts into a complete product or through the transformation of a raw material into a finished product.

1.  Heavy Industry - Those industries whose processing of products results in the    emission of any atmospheric pollutant, light flashes or glare, odors, noise or        vibration which may be heard or felt off the premises, and those industries which     constitute a fire or explosion hazard 

2.  Light Industry - Those industries whose processing of products results in none of                       the above conditions.

INSTITUTION FOR CHILDREN OR THE AGED   An establishment providing residence and care for children or the aged.

JUNK   Any scrap, waste, reclaimable material, or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed or other use of disposition.  Examples of which include tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, household appliances, machinery, crush, wood and lumber.  More than three (3) unregistered or inoperable vehicles constitute junk.

JUNK YARD   Any area, lot, land or parcel where junk is kept as defined herein, or waste or discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled, handled, including auto wrecking yards, used lumber yards and places or yards for use of salvaged house wrecking structural steel materials and equipment.

LABORATORY   A building or part of building devoted to the testing and analysis of any product or animal (including humans).  No manufacturing is conducted on the premises except for experimental or testing purposes.

LOADING SPACE   An area that shall be logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicle expected to be used and accessible to such vehicles when required off-street parking spaces are filled.  Required off-street loading space is not to be included as off-street parking in computation of required off-street parking space.  All off-street loading spaces shall be located totally outside of any street or alley right-of-way

LOT CORNER   A lot abutting upon two (2) or more streets or abutting upon two (2) adjoining and deflected lines of the same street and thereby forming an interior angle of less than one hundred thirty-five (135) degrees.  Corner lots shall be construed to have front yards along each abutting street, one rear yard and one side yard.  The rear yard shall be designated as the yard opposite the shortest length front yard.  The remaining yard shall be the side yard.

LOT COVERAGE   That portion of the lot that is covered by buildings and structures.

MANUFACTURED HOME PARK   Any site, or tract of land under single ownership, upon which three or more manufactured homes used for habitation are parked, either free of charge or for revenue purposes; including any roadway, building, structure, vehicle, or enclosure used or intended for use as a part of the facilities of such park.  A manufactured home park may only be located in an R-6 district

MANUFACTURED HOUSING   A manufactured building designed for long-term residential use having the following features or characteristics: (1) mass produced in a factory, (2) designed and constructed for transportation to a site for installation and use when connected to required utilities, and (3) an independent, individual building on the site; i.e.. any structure fabricated in an off-site manufacturing facility for installation at the building site as a permanent structure with transport features removed, bearing a seal certifying that it was built in compliance with the federal Manufactured Housing Construction and Safety Standards Code as set forth in the Cod of Federal Regulations, title 24, Part 3280, 3282,3283 and 42 USC Section 5401, and as mandated by the United States of American and as administered by the United States Department of Housing and Urban Development and commonly referred to as the HUD Code.  Such single family structures must meet the National Manufactured Home Construction and Safety Standards Act (42 U.S.C. Sec. 5401) Commonly know as the HUD (U. S. Department of Housing and Urban Development) code, as well as the Kentucky Building Code structural and installation requirements.

MANUFACTURING, HEAVY   Manufacturing, processing, assembling, storing, testing, and similar industrial uses which are generally major operations and extensive in character; require large sites, open storage, and service areas. extensive services and facilities, ready access to regional transportation; and normally generate some nuisances such as smoke, noise, vibration, dust, glare, air pollution, and water pollution, but not beyond the district boundary.

MANUFACTURING, LIGHT   Manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet, and free of objectionable hazardous elements such as smoke, noise, odor, or dust; operating and storing within enclosed structures; and generating little industrial traffic and no nuisance.

MOBILE SIGNS   A sign which is affixed to a frame having wheels or capable of being moved, or otherwise portable, which does not have a permanent foundation.  The mere removal of wheels or temporary securing of a sign to a surface of real  estate shall not prevent its being a mobile sign within this definition.

MODULAR HOUSING UNIT   A single-family residential unit that is built off-site and transported to the site for assembly to become a permanent fixture upon that property site.  This type of housing includes a set of standards which clarify the difference between manufactured homes and modular housing units, such as:

1.         has more than 950 feet of occupied space and is composed on more than 1 section; and

2.         is placed onto a permanent under floor support system in accordance with                     specified installation standards: section 4.51; and

3.         is placed onto a permanent perimeter enclosure, in accordance with certain        installation standards; and

4.         has wheels, axles and hitch mechanisms removed; and

5.         has siding material of a type customarily used on site constructed homes, such as board siding plywood or presswood siding, vinyl, stucco, brick, non reflective aluminum, etc.

6.         has roofing material of a type customarily used on site-constructed homes, such as: wood, tile, composition shingles, or other materials compatible with the conventionally built residential structures in the neighborhood which shall be   installed on a surface pitched at a minimum slope of 3:12.

MUSEUM   A non-profit, non-commercial establishment operated as a repository or a collection of nature, scientific or literary curiosities or objects of interest or works of art, not including the regular sale or distribution of the objects collected.

NON-CONFORMING USE OR STRUCTURE   Non-Conforming use or structure means an activity or a building, sign, structure, or a portion thereof which lawfully existed before the adoption or amendment of the zoning regulation, but which does not conform to all of the regulations contained in the zoning regulation which pertains to the zone in which it is located.

NURSERY, NURSING HOME   A home or facility for the care and treatment of babies, children, pensioners, or elderly people.

OFFICE   A room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government and generally furnished with desks, tables, files and communication equipment.

A professional office business establishment is considered to be within an office building for the purposes of signage regulations when three (3) or more of the following occur:

1.         The establishments are within one (1) building;

2.         The establishments are on the same lot;

3.         The establishments share parking

4.         When the establishments are within more than one (1) building, the buildings have similar setback, and

5.         The establishments share ingress/egress.

OFF-PREMISE SIGN   A sign that advertises goods, products, services or facilities or directs persons to a different location from where the sign is installed.

ON-PREMISE SIGN   Any sign identifying or advertising a business, person, activity, goods, products, or services located on the premises where the sign is installed and maintained.

OPEN SPACE   Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners, occupants, and their guests of land adjoining or neighboring such open space.

PARISH HOUSE   A residence for a minister, priest or rabbi in connection with the operation of a church or synagogue.

PARKING LOT OR AREA   An off street area used for the parking of any type of vehicle, whether moving, or at rest, including but not limited to, parking lots, loading and unloading areas, mobile home parks, and sales and services areas.  Driveways, access ways, aisles and maneuvering areas are also considered a part of the parking lots or areas.

PARKING SPACE   A space on private land, accessible from a street or alley, not less than nine (9) feet wide and eighteen (18) feet long exclusive of passageways.

PERMITTED STRUCTURE   A structure meeting all the requirements established by this ordinance for the district in which the structure is located.

PERMITTED USE   Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

PRESCHOOL   Day care and education of five or more children under legal age to attend public or private grammar school.

PRINCIPAL STRUCTURE   A building in which is conducted a principal or conditional use.  In any residential zone, any structure containing a dwelling unit shall be deemed a principal structure on the lot on which the same is located.  Where a non-conforming use is the primary use of the property, the building in which it is located shall be deemed a principal structure.

PUBLIC USES   Public parks, schools, and administrative, and cultural, buildings, and structures, not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.

RECREATION FACILITIES   Public or private facilities that may be classified as either "extensive" or "intensive" depending upon the scope of services offered and the extent of use.  Extensive facilities generally require and utilize considerable areas of land and include, but need not be limited to hunting, fishing, and riding clubs, and parks.  Intensive facilities generally require less land (used more intensively) and include, but need not be limited to, miniature gold courses, amusement parks, stadium, and bowling alleys.

RECREATIONAL VEHICLE PARK   Any lot or parcel of land upon which two or more recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes.  See Campground.

RECYCLING CENTER/PLANT   A lot of parcel of land, upon which used materials are separated and processed for shipment for reuse in new products.  A facility in which recyclables, such as newspapers, magazines, books, and other paper products; glass; metal cans; and other products, are recycled, reprocessed, and treated to return such products to a condition in which they may again be used in new products.  Does not include Junkyards.

RESIDENTIAL STORAGE WAREHOUSE   (Mini-warehouse)  A building or portion thereof designed or used exclusively for storing the excess personal property of an individual or family when such is not located on the lot with their residence, such as passenger motor vehicle, house trailer, motorcycle, boat, camper and other items of personal property generally stored in residential accessory structures.  An operation involving a warehouseman as provided for the KRS will not be considered a mini-warehouse

RESTAURANT   An establishment where food and drink are prepared, served, and consumed primarily within the principal building.  See Restaurant, Take-Out; Retail Food Establishment.

RESTAURANT, TAKE-OUT   An establishment where food and/or beverages are sold in a form ready for consumption, where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the restaurant, and where ordering and pickup of food may take place from an automobile.

RETAIL FOOD ESTABLISHMENT   Any fixed facility in which food or drink is offered or prepared primarily for retail sale.

RETAIL SALES   Establishments engaged in selling goods or merchandise to the general public for personal or household consumption.

RETAIL SALES, OUTDOOR   The display and sale of products and services  is primarily outside of a building or structure, including vehicles, garden supplies, gas, tires and motor oil, food and beverages, boats and aircraft, farm equipment, motor homes, burial monuments, building and landscape materials, and lumber yards.

RIGHT OF WAY   A strip of land taken or dedicated for use as a public way.  In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting, and drainage facilities, and may include special features, (required by the topography or treatment) such as grade separation, landscaped areas, viaducts, and bridges.

ROAD   See "STREET"

SEAT   For the purposes of determining the number of off-street parking spaces for certain uses, the number seats is the number of seating units installed or indicated, or each twenty-four (24) lineal inches of benches, pews or space for loose chairs.

SETBACK LINE   That line that is the required minimum distance from any lot line and that establishes the area within which the principal structure must be erected or placed.

SIDEWALK   That portion of the road right-of-way outside the roadway, which is improved for the use of pedestrian traffic.

SIGHT TRIANGLE   A triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

SIGN   Any writing, pictorial representation, form, emblem, trademarks, flag, banner, decoration (including material used to differentiate the sign copy from the background) or any figure which is written, printed, projected, painted, constructed, or otherwise displayed upon or designed into a building, board, plate, canopy, awning, window, vehicle, or upon any object or device which by reason of form, color, wording, symbol, design, illumination, motion or other characteristic is designed to attract attention to the subject thereof or is used as a means of identification, advertisement, announcement or of illustrating products.

SPOT ZONING   Rezoning of a lot or parcel of land to benefit an owner for a use incompatible with surrounding land uses and that do not meet the goals of the comprehensive plan.  Unreasonable spot zoning results in the following:

1.         a small parcel of land is singled out for special and privileged treatment, and

2.         the singling out is not in the public interest but only for the benefit of the land owner, and

3.         the action is not in accordance with the comprehensive plan.

STREET   Any public or private way set aside for public travel 20 feet or more in width.  The word STREET shall include the words, road, highway, and thoroughfare.

STRUCTURE   Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location as the ground.  Among other things, structures include buildings, mobile homes, walls, fences, billboards, and poster panels.

TELECOMMUNICATIONS FACILITY   The lot, tract, or parcel of land that contains the telecommunications antenna, its support structure, any accessory buildings, and parking, and may include other uses associated with and ancillary to telecommunications transmission.

TRAVEL TRAILER   A non-self propelled vehicle intended for recreational purposes only.  Not allowed or intended to be used as a permanent or temporary residence such as a mobile home.

USE   The specific purposes for which land or a building is designated, arranged or intended, or for which it is or may be occupied or maintained.

VARIANCE   A departure from the terms of the zoning regulation pertaining to height or width of structures and size of yards and open spaces, where such departures will not be contrary to the public interest, and where owing to conditions peculiar to the property because of its size, shape or topography, and not as a result of the actions of the applicant, the literal enforcement of the zoning regulations would result in unnecessary and undue hardship.

VEHICULAR USE AREA   A vehicular use area (VUA) is any open or unenclosed area containing more than one thousand eight hundred (1,800) square feet of area and/or used by five (5) or more of any type of vehicle, whether moving or at rest, including but not limited to, parking lots, loading and unloading areas, mobile home parks and sales and service areas.  Driveways are considered to be vehicular use elements described in this Ordinance (and intervening curbs, sidewalks, landscape strips, etc., do not eliminate adjacency.)

WALL   One of the sides of a room or building connecting floor and ceiling or foundation and roof.

YARD, FRONT   An open space extending the full width of the lot between a principle structure and the front lot line; unoccupied and unobstructed from the ground upward.  The depth of a front yard is the shortest distance measured perpendicularly between any part of a building and the front lot line.

YARD, REAR   An open extending the full width of a lot between a principle structure and the rear lot line, unoccupied and unobstructed from the ground upward.  The depth of a rear yard is the shortest distance measured perpendicularly between any part of a building and the rear lot line.

YARD, SECONDARY FRONT   An open space extending the full width of the lot between a principal structure and the secondary front lot line of a corner lot, unoccupied and unobstructed from the ground upward.  The secondary front yard will be that front yard that is parallel to the side exposure of the principal structure, or the rear exposure of the principal structure in the case of lot with three front yards.  The depth of the secondary front yard is the shortest distance measured perpendicularly between any part of a building and the secondary front lot line.

YARD, SIDE   An open space between a principal structure and a side lot line, unoccupied and unobstructed from the ground upward.  The width of a side yard is the shortest distance measured perpendicularly between any part of a building and the nearest side lot line.

ZONING PERMIT   A document issued by the administrative official as a condition precedent to the commencement of a use, or the erection, construction, reconstruction, restoration, alteration, conversion, or installation of a structure or building, that acknowledges that such use, structure, or building complies with the provisions of the zoning ordinance or authorized variance therefrom.  Zoning permits are issued to ensure compliance with the zoning ordinance and map.

1.                    A zoning permit is required for multi-family, business, commercial and industrial structures.

2.         A building/construction permit is required for new residential single-family, single-family manufactured/modular, and two-family construction.  This permit is also required for the construction of an auxiliary structure, an addition to an existing structure and signs.

2.1       ADMINISTRATION

The Planning Commission and its authorized agent or inspector shall administer and enforce this Ordinance.

The Commission and its authorized agent or inspector shall have the authority to make inspection of buildings and premises necessary to carry out their duties in administration and enforcement of this Ordinance.

2.2       BUILDING PERMITS REQUIRED

2.21     Required Prior to Construction or Alteration - It shall be unlawful to

commence the demolition, excavation for or the construction or placement of any building, including signs, accessory buildings or fences, or to commence the moving or exterior alteration of any buildings, including accessory buildings, until the Planning Commission or its authorized agent or inspector has issued a permit for such work.

2.22     Exceptions - No building permits or certificate of occupancy shall be required

in the following cases:

            2.22a.  Recurring maintenance work.

            2.22b.  Those structures and uses exempted by Section 3.8.1A & 3.8.1B

2.3       BUILDING / ZONING PERMIT ISSUANCE AND FEE

2.31     Application - In applying to the Planning Commission and its authorized agent

or inspector for a building or zoning permit, the applicant shall submit a dimensioned sketch or scale plan indicating lot dimensions, the shape, size, height, and location of all buildings to be erected, altered, or moved, and of any building already on the lot or parcel.  It shall be stated as to the existing and intended use of all such buildings and supply such other information as may be required by the Commission and its authorized agent or inspector for determining whether the provisions of the Ordinance are being observed and upheld.  The County Health Officer’s certificate approving proposed water and sewerage facilities must accompany applications according to Section 4.1.8 of this Ordinance.

2.32     Issuance - If the proposed excavation or construction as set forth in the application are in conformity with the provisions of this chapter and other ordinances of the city then in force, the authorized agent or inspector shall issue a permit for such excavation.  If a building permit is refused, the authorized agent or inspector shall state such refusal in writing, with the cause, and shall immediately thereupon mail notice of such refusal to the applicant at the address indicated on the application.  The authorized agent or inspector shall grant or deny the permit within fourteen calendar days from the date the application is submitted.

2.33     Validity - The issuance of a permit shall, in no case, be construed as waiving any provision of this chapter.

2.34     Duration - A building permit shall become void six months from the date

of issuance unless substantial progress has been "Exercised" by that date on the project described therein.

2.35     Fee required - Application for a building permit shall be accompanied by a fee

as required below.  The fee shall be paid into the General Fund of the city to be used to help defray the costs of inspections and processing of applications.  The fee schedule is in Article 6.

2.36     Permanent File - The Planning Commission and its authorized agent or inspector

shall keep a permanent file of all applications with accompanying plans and all permits issued.

2.4       COMPLIANCE WITH OTHER CODES, STATUTES AND REGULATIONS

Nothing in this section or other sections of this Ordinance shall be construed to exempt any applicant for a permit from compliance with all local, state and federal codes, statutes and regulations.

2.5       CERTIFICATE OF OCCUPANCY REQUIRED

No person shall use or permit the use of any structure or premises or part thereof, hereafter created, erected, changed, converted, enlarged, or moved, wholly or partly until a Certificate of Occupancy has been issued by the Planning Commission’s authorized agent or inspector.  Such certificate shall show that the structure or use, or both, or the premises, or the affected part thereof, are in conformance with the provisions of the Ordinance, and to withhold such certificates unless all requirements of this Ordinance have been met.

2.51     No Occupancy Permit

No person shall allow occupancy of any building until the Planning commission has been notified by the appropriate agencies that the private details of water, electricity, and where applicable, sanitary sewer and natural gas are completed in such a fashion that such private utilities are available for use on the property in question.

2.52     Certificate of Occupancy for Existing Uses or Structures

Upon request from the owner or tenant, and upon inspection, the Planning Commission or its authorized agent or inspector shall issue a Certificate of Occupancy for any building, premises or use that is in conformity with the provisions of this Ordinance or, that a legal nonconformity exists as specified in the certificate.

2.6       AUTHORIZED USE

Building permits, Zoning permits or Certificates of Occupancy issued on the basis of plans and applications approved by the Planning Commission, its authorized agent or inspector authorize only that use, arrangement or construction.  Any use, arrangement or construction at variance with that authorized shall be deemed a violation of this Ordinance.

2.7       COMPLAINTS REGARDING VIOLATIONS

Any person may file a written complaint alleging violation of the provisions of this Ordinance.  Such complaint shall state fully the cause and base thereof and shall be filed with the Planning Commission, its authorized agent or inspector.  The Planning Commission shall properly record such complaint and investigate and take action thereon as provided by the Ordinance to site the violator into District Court if an uncorrected violation is determined to exist.