ARTICLE V
GENERAL PROVISIONS
500 Establishment
of Zoning Districts: Provision for
Official Zoning Map and Interpretations
500.1 Official Zoning Map
The
County and all incorporated cities therein are hereby divided into zones, or
districts, as shown on the Official Zoning Map, Woodford County, Kentucky,
which, together with all explanatory matter thereon, is hereby adopted by
reference and declared to be a part of this ordinance.
The
Official Zoning Map shall be identified by the signature of the County Judge
and/or Mayors and attested by the City and/or County Clerk and bearing the seal
of the legislative bodies under the following words: "This is to certify that this is the
Official Zoning Map referred to in Section 101 of the Woodford County Zoning
Ordinance," together with the date of the adoption of this ordinance.
If, in
accordance with the provisions of this ordinance and KRS 100, changes are made
in district boundaries or other matter portrayed on the Official Zoning Map,
such changes shall be entered on the Official Zoning Map within thirty (30)
days (KRS 100) after the amendment has been approved by the legislative body
involved with an entry on the Official Zoning Map as follows: "On (date) by official action of the (legislative body),
the following (change) changes were made in the Official Zoning Map: (brief
description of nature of change), "which entry shall be signed by the
County Judge or Mayor, and attested by the County or City Clerk. No amendment to this ordinance which involves
matter portrayed on the Official Zoning Map shall become effective until after
such change and entry has been made on said map.
No
changes of any nature shall be made in the Official Zoning Map or matter shown
thereon except in conformity with the procedure set forth in this
ordinance. Any unauthorized change of
whatever kind by any person or persons shall be considered a violation of this
ordinance and punishable as provided under Section 304.
Regardless
of the existence of purported copies of the Official Zoning Map which may from
time to time be made or published, the Official Zoning Map, which shall be
located in the Planning and Zoning Office, shall be the final authority as to
the current zoning status of land and water areas, buildings, and other
structures in the County (including all incorporated areas).
500.2 Replacement of the Official
Zoning Map
In the
event that the Official Zoning Map becomes damaged, destroyed, lost or
difficult to interpret because of the nature or number of changes and
additions, the legislative body (bodies) may by resolution adopt a new Official
Zoning Map. The new Official Zoning Map
may correct drafting or other errors or omissions in the prior Official Zoning
Map, but no such correction shall have the effect of amending the original
Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map shall be
identified by the signature of the Mayors and/or the County Judge attested by the
City and/or County Clerk, and bearing the seal of the legislative body under
the following words: "This is to
certify that this Official Zoning Map supersedes and replaces the Official
Zoning Map adopted (date of adoption of map being replaced) as part of the
Woodford County Zoning Ordinance."
Unless
the prior Official Zoning Map has been lost, or has been totally destroyed the
prior map or any significant parts thereof remaining, shall be preserved,
together with all available records pertaining to its adoption or amendment.
500.3 Interpretation of Zoning
District Boundaries
The
following rules shall be used to interpret the exact location of the zoning
district boundaries shown on the Zoning Map:
A. Where
a zoning district boundary follows a street, highway, alley, or railroad, the
center line of the street, highway, alley, or railroad right-of-way, is the
boundary of the district.
B. Where
a zoning district boundary approximately follows a lot or property line that
line is the boundary of the district.
C. Where
a zoning district boundary follows a stream or the shore of a body of water,
that stream or shore line is the boundary of the district.
D. Where
a zoning district boundary does not clearly follow any of the features
mentioned above, its exact location on the ground shall be determined by
measurement according to the map scale.
E. In
any case where the location of a boundary is not clear, the Board of Adjustment
shall use these rules to determine the exact location upon application by the
Administrative Officer for an original interpretation.
500.4 Annexed Lands
In
every case where land becomes a part of a city through annexation, such newly
annexed land shall automatically be zoned as it was in the County. Such zoning shall remain in effect unless
amendment procedures are followed. In
cases where county land is annexed, zoning authority is transferred from the
county to the city that has annexed.
501 Planned Unit
Development
A PUD
(planned unit development) project may be permitted in any district so long as
it conforms to standards and provisions of this ordinance and is deemed
appropriate by the Planning Commission.
501.1 Purpose
of Planned Unit Development Projects
In
general the purpose of PUD's are as follows:
A. To
encourage a more creative approach in land and building site planning.
B. To
encourage an efficient, aesthetic, and desirable use of open space.
C. To
encourage variety in physical development pattern.
D. To
achieve flexibility and incentives for development which will produce a wider
range of choice in satisfying the changing needs of the developing area.
E. To
encourage renewal of older sections of the region where new development and
restoration are needed to revitalize the area.
F. To
permit special consideration of property with unique features, including, but
not limited to, historical significance, unusual topography, landscape
amenities, and size and shape.
G. To
convert land so poorly developed as to be a public liability.
H. To
simplify processing of development proposals for developers and the Planning
Commission by providing for concurrent review of land use, subdivision, public
improvement and sighting considerations.
501.2 Procedure
A. Plats: All proposed PUD's follow the procedure for
plat preparation and subdivision approval as set forth in the Woodford County
Subdivision Regulations. In addition,
the Planning Commission shall hold a public hearing on the preliminary plat of
the proposed PUD to aid them in deciding the merits of the proposed project. (Nothing herein should be construed to mean
that the landowner has the inherent right to develop a PUD. The Planning Commission has the power to
decide whether or not to allow the PUD based on the experience, knowledge,
public hearing and the standards set forth herein). Accompanying all preliminary plats shall be
calculations for overall density, parking requirements and other material the
Commission may reasonably require. If
the planning commission approves the preliminary plat the developer may proceed
with activities leading to final plat approval providing that the project shall
be developed in conformance with the approved preliminary plat.
B. Permits: Building permits and certificates of zoning
compliance shall be required for each building in accordance with Article III
of this ordinance.
C. Expiration
of Approval: Approval of a PUD shall
expire if no substantial work on the site has begun within one year of original
approval and if the project is abandoned for more than twenty-four (24)
consecutive months. (Abandonment shall
be deemed to have occurred when no improvements have been made pursuant to the
approved PUD plat.)
D. Recording: All approved PUD plats shall be recorded in
the
501.3 Uses
and Densities
The
uses of premises and development densities in a planned unit development
project shall conform with the permitted uses and densities of the zoning
district in which it is located. A PUD
in a residential zone may contain non-residential uses which are an integral
part of a residential development, logically oriented to and coordinated with
the total planned unit. This situation
would normally arise in higher density areas.
An integrated development of this type shall follow amendment procedures
and be approved as an "integrated planned unit development" by the
appropriate legislative bodies.
501.4 Standards
A. Although
it is permissible to depart from literal conformance with the individual lot
dimension and area regulations, there shall be no diminution of
total-equivalent-lot-area, parking area, and loading-unloading-area-requirement
that would be necessary for the equivalent amount of individual lot
development. However, the Planning
Commission may allow reductions in these requirements if the developer can
satisfactorily prove that large-scale development may permit such reductions
without destroying the intent of these regulations.
B. A
twenty (20) acre minimum size is required for any PUD.
C. It
is desirable that access points to all arterial streets shall be located no
more frequently than one every 1,200 feet.
The Planning Commission may approve the platting of temporary access
points in conformance with Section 503 of the Zoning Ordinance.
D. Wherever
there is an abrupt change in uses, e.g., residential to commercial -- it is
desirable that a buffer area of open space or protective planting be placed
between them which will protect each use from the undesirable effects of the
other.
E. Parking
and other areas used by the public at night shall be adequately lighted, and
private areas shall be adequately protected from such lighting and any other
lighting from public areas. Public
streets may also require protection from excessive glare of lighted areas.
501.5 Special Conditions
Because
a PUD is inherently more complex than individual lot development and because
every such project must be tailored to the topography and neighboring uses all
standards for such projects cannot be strictly set.
Therefore,
the Planning Commission may impose special conditions and/or require the
recording of covenants for any reasonable purpose, including, but not limited
to, imposing standards for development of property in a Planned Unit
Development. Such development standards
may include, but are not limited to, requirements as to the following:
A.
B Floor
area
C Ratios
of floor space to land area
D. Area
in which structures may be built
(Buildable area)
E. Open
space
F. Setback
lines and minimum yards
G. Building
separations.
H. Height
of structures
I. Signs
J. Off-street
parking and loading space
K. Design
standards
L. Phasing
of development
502 Townhouses
502.1 Intent
Townhouses
are to provide for attached single family dwellings and supporting uses in R-3
and R-4 zoning districts.
502.2 General Provisions
A. Single
family attached residences with no more than eight (8) units being attached in
an R-3 zone, and twelve (12) units being attached in an R-4 zone shall be
allowed by filing the appropriate townhouse plat in conformity with procedural
requirements of Section 502.3(E).
B. Group
residential projects constructed prior to the adoption of this ordinance may be
converted to townhouses by filing the appropriate townhouse plat in conformity
with procedural requirements of Section 502.3(E).
502.3
The
following regulations shall apply to townhouses and no townhouse building shall
be constructed, altered or occupied without complying with these regulations.
A. Height
- No building shall be erected or altered to a height of more than thirty-five
(35) feet.
B. Yards
and Area
1. Front Yard: There
shall be a front yard of not less than twenty (20) feet at the building line or
setback line.
2. Rear Yard: There
shall be a rear yard of not less than fifteen (15) feet.
3. Side Yard: The
minimum side yard shall be six (6) feet on each side yard of a row of attached
townhouse units when no units or only one unit fronts on that side yard. On each corner lot, there shall be a side
yard of not less than twenty (20) feet on the side of the building nearest the
street.
4.
5. Usable Open Space:
Ten percent (10%) of total lot for any townhouse shall be devoted to
usable open space either on each lot or as common useable open space on land
adjacent and directly accessible to each lot within the townhouse development.
6. Minimum Width: No
townhouse shall have a width of less than eighteen (18) feet from center to
center of units or from center to exterior face for end units. Attached garages and porches shall not be
included in measuring the width of the principal building.
7.
8. Lots Fronting on Interior Space: Townhouse units may be permitted to front on
an interior space or access easement, with all maintenance provisions being
borne by the property owner.
9. Minimum
10. Required Floor Area: Each single family residence in a townhouse
development shall have a minimum floor area of not less than eight hundred
ninety (890) square feet. The areas of
garages, open porches, cellars and basements shall not be included.
11.
C. Parking
Off-street
parking spaces for not less than two cars shall be provided for each townhouse
and shall not be allowed within the minimum front yard of twenty (20)
feet. Garage space may be included in
determining the off-street parking. All
off-street parking shall meet the requirements of Article VI.
D. Townhouse
Density
1. R-3 District:
Maximum townhouse density in a R-3 zone shall not exceed a density of
eleven (11) units per net acre.
2. R-4 District:
Maximum Townhouse Density in a R-4 zone shall not exceed a density
of fifteen (15) units per net acre.
3. In calculating the number of units to be allowed, the
administration shall round all units to the next highest number over .5, to the
next lowest number under.5.
E. Platting
Procedures: The Woodford County
Subdivision Regulations shall be followed. The preliminary plat shall also
include the location of parking facilities and buildings. The Planning and Zoning Commission may
require landscaping and buffer areas taking into consideration driveways,
parking areas, and points of ingress and egress to the townhouse site along
with maintaining the single family residence neighborhood environment so as to
provide a reasonably effective barrier between townhouses and adjoining users
to minimize adverse conditions of sight and sound.
502.4 Accessory Uses and
Structures
Same as
those permitted in R-3 and R-4 zoning districts.
503 General Development
Regulations
503.1 Coordination with
Subdivision Regulations
In all
cases where the ownership of land is
divided for the purpose of eventual development of lots of any kind --
residential, commercial, or industrial -- The Subdivision Regulations, adopted
for
As
adopted by the Woodford Fiscal Court:
Except as permitted by the definition of "Agricultural Uses"
in Article II of this ordinance, land in District A-1 shall not be eligible for
subdivision so long as it remains in District A-1. As used in this paragraph,
"Subdivision" has the meaning given to it by KRS 100.111 and the
Subdivision Regulations of the Planning Commission.
It is
desirable that access points to the arterial street serving all zoning
districts shall be located no more frequently than once every twelve hundred
(1,200) feet. Topography and traffic
volumes shall determine the exact locations.
Heavy arterial traffic volumes demand greater access spacing. 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 temporary access points shall be
eliminated by the developer when minor streets or marginal access streets are
extended to the approved permanent access points. Such requirement shall be listed as special
final plat if applicable.
503.2 Certificate of Land Use Restriction
Certificate
of Land Use Restrictions shall be filed with the
CERTIFICATE OF LAND USE RESTRICTION
1. Name
and Address of property owner (s)
_________________________________ ________________________________
_________________________________ ________________________________
_________________________________ ________________________________
2. Address
of Property 3. Name of subdivision or development
(if applicable)
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
4. Type
of Restriction (s) (Check
all that apply)
____Zoning
Map Amendment to ____Zone ____Conditional
Zoning Condition
____Development
Plan ____Other
____Unrecorded
Subdivision Plat
(Specify) ___________________
____Variance
____Conditional
Use Permit
5. NAME
AND ADDRESS OF PLANNING COMMISSION, BOARD OF ADJUSTMENT, LEGISLATIVE BODY OR
FISCAL COURT WHICH MAINTAINS THE ORIGINAL RECORDS CONTAINING THE RESTRICTIONS.
_________________________________________
_________________________________________
_________________________________________
___________________________________
Signature
of Completing Official
__________________________________
Name
and title of Completing Officer
(Please type of print)
503.3 Development
Plans
503.3
A. General Provisions
Subject
to the provisions of this Article, a Preliminary Development Plan shall be
submitted with a Zoning District Map Amendment; any time there is more than one
principal building proposed on a lot; and/or, any time a building is proposed
in a “Planned District” as defined in subsection “C” below. A Public Hearing shall only be required when
the Plan accompanies a Zoning District Map Amendment.
Applications
for any proposed amendment to the Zoning District Map shall include a
Preliminary Development Plan in accordance with the provisions of this
regulation. The Preliminary Development
Plan is intended to demonstrate to the Planning and Zoning Commission the character
and objectives of the proposed development in adequate detail for the Planning
and Zoning Commission to evaluate the effect the proposed development would
have on the community and determine what provisions, if any, should be altered
for the protection and promotion of the general public welfare.
Where
the Planning Director determines it to be appropriate, the Director may permit
the development plan to be submitted in a final form at the time of the
rezoning application. Development Plans
shall be prepared in accordance with Sub-Section C and/or D of this
article. More specific aspects of the
approved Preliminary Development Plan shall be designated on the Final
Development Plan; or the Final Development Plan may be waived in lieu of a
Preliminary and Final Subdivision Plat.
B. Planned
Districts
For the
purpose of this regulation, R-4 High Density Residential, B-3 Planned Shopping
Center District, B-4 Highway Business District, B-5 Highway Interchange
Service, Planned Unit Developments, the
Industrial Districts (I-1 and I-2), the Mobile Home District (M-1) and for the
erection of more than one principal structure on a lot (See Section 504.5A), shall require
Planning and Zoning Commission approval of a Final Development Plan prior to
the issuance of any building permits.
Building permits for said districts shall be approved only when in
conformance with a Development Plan approved by the Planning and Zoning
Commission.
C. Preliminary Development Plan (Amended December 2005)
A
Preliminary Development Plan is a site plan by which, at the early stages of
development design, the commission may consider, approve and restrict many
major aspects of the development without requiring an undue amount of final
design work on the part of the developer.
The Preliminary Development Plan is less detailed and specific than a
Final Development Plan in terms of exact arrangement of building, parking
areas, open spaces, access points and any other site design features. No building permits can be issued based upon
a Preliminary Development Plan.
1. Procedure
for a Preliminary Development Plan
The
applicant shall have a registered engineer, land surveyor, or landscape
architect, (providing that all engineering data is supplied by a registered
engineer), prepare the Preliminary Development Plan. Fourteen (14) copies, on 18”x 24” or 24”x 36”
of the plan, shall be submitted to the
If the Preliminary Development Plan is accompanying a
zoning map amendment a joint public hearing shall be held by the
2. Content
of a Preliminary Development Plan
A
Preliminary Development Plan shall contain the following information at a
minimum:
a. A
title block containing the plan name, development plan type, name and address
of developer and plan preparer, and written and graphic scale.
b. The
boundary of the subject property, its record plan designation (if available),
and the record plan name or owner's name of all adjoining property.
c. A
vicinity sketch, oriented in the same direction as the design scheme.
d. Topography
with contour intervals as shown on the available USGS sheets or local GIS.
e. Location,
arrangement, and approximate dimensions of existing and proposed driveways,
walk-ways, parking areas and arrangement of spaces, points of ingress and egress
(including all gates restricting vehicular access), access points for
construction vehicles, and other vehicular and pedestrian rights-of-way.
f. Location
and cross-sections of any proposed or existing streets within or abutting the
subject property.
g. Screening,
landscaping and buffering, recreational and other open space areas.
h. Approximate
size, location, height, floor area, area arrangement and use of proposed and
existing buildings and signs.
i. Storm
drainage areas, floodplains, conceptual drainage controls and storm water
retention and any other designated environmentally sensitive or geologic hazard
area.
j. Proposed
and existing easements for utilities or other purposes.
k. General areas of substantial existing
trees including those located along fence rows and drainage areas along with a
general description of the type and size of such trees.
l. Location of any existing burial
grounds and, if required, provisions for their protection, maintenance and
accessibility.
m. A
statistical summary of all pertinent site data, including site area, zoning,
building coverage and floor area, parking, open space, etc.
n. A
note stating that no grading, stripping, excavation, filling or other
disturbance of the natural ground cover shall take place prior to approval of
an erosion control plan.
o. A
note stating that no building permits shall be issued unless and until a final
development plan is approved by the
p. Conformance
of the development plan with the Comprehensive Plan and Zoning District
Regulations.
q. An
owner's certification, signed and witnessed as follows: "I (We) do hereby
certify that I am (we are) the only owner(s) of the property shown hereon, do
fully agree to all graphic and textual representations shown hereon, and do
adopt this as my (our) development plan for the property."
r. A
Commission's certification to be signed by the Commission's Secretary if and
when the plan is fully approved, as follows: "I do hereby certify that
this development plan was approved by the Urban County
D. Final Development Plan
A Final Development Plan is a development plan from which a
building permit will be sought. A Final
Development Plan does not require a Public Hearing (unless it is accompanying a
Zone District Map Amendment) and is intended to deal with site design issues at
a detailed level and to actually dictate the approved locations of buildings,
parking areas, open spaces, access points and any other site design
features. If a Preliminary Development
Plan has been approved the Final Development Plan shall be substantially
consistent with it.
1. Procedure for a Final Development Plan
The
applicant shall have a registered engineer, land surveyor, or landscape
architect, (providing that all engineering data is supplied by a registered
engineer), prepare the Final Development Plan.
Fourteen (14) copies, on uniform size sheets, 18”x 24” or 24”x 36” of
the plan, shall be submitted to the
If the Final Development Plan is accompanying a Zoning
District Map Amendment a joint public hearing shall be held by the
2. Content of a
Final Development Plan
A final development plan shall contain the following
information at a minimum:
All information required for Preliminary Development Plans
as required, “a” through “r” above; except that contour intervals shall be at
two (2) feet; a tree preservation plan, data block, and tree protection areas
shall be provided if required; all of the plan information shall be of an exact
nature, rather than approximate or general; and, the plan shall be tied to
local horizontal and vertical GIS Datum.
E. Amendments to Development Plans
Amendments
to approved development plans can be made only by official Planning and Zoning
Commission action. However, amendments which fully meet the requirements set
forth hereinafter for minor amendments may be approved and certified by the
Planning Director without further action by the Commission.
Minor Amendments Defined - Minor amendments are intended to
expedite approval in those situations where amendments are of minor
significance and generally relate to the shifting of previously approved
spaces. Such amendments (1) shall
not decrease the overall land area in yards, or other open spaces; (2) shall not increase building ground
area coverage, floor area, or height, or increase the number of dwelling units;
(3) shall not increase the
number or size of signs; (4) shall
not change the location or cross-section of any street and shall not increase
the number, or change the location of street access points; (5) may
include a reduction in parking spaces only when an associated reduction in
floor area or number of dwelling units would permit a lesser number of minimum
required off-street parking spaces than required for the original development
plan. To qualify as a minor amendment, this reduction may be equal to but not
exceed the difference in minimum required parking between the original plan and
the proposed minor amended plan. For any case where parking in excess of the
minimum requirement was provided on the original development plan, that same
number of spaces shall be provided in excess of the minimum requirement for the
proposed minor amendment plan.
1. Procedures for Minor Amendments - Shall
be as set forth in Section D (1) above, except that the Minor Amended Plan will
be forwarded to the Chairman of the Commission for signature.
2. Content and Format of Minor Amendments -
Minor amendments shall have the same content and format requirements as the
original development plan, except that 1) the title shall indicate the plan is
a minor amendment, 2) a note shall be added listing the exact nature of the
requested changes (no plan change shall be considered in effect unless it is
referenced in this note), and 3) the following will be the required language
for the Commission's certification: "I do hereby certify that this
development plan amendment complies with the provisions of Article V, Section
503.3 of the Zoning Ordinance."
3. Procedures for Major Amendments - The
procedure for a major amendment to a development plan shall be the same as for
the original submission as specified in Section D (1) above. However, in
addition to the standards listed in Section D (1), the Commission may also
disapprove or modify the requested amendment if it finds that such amendments
will adversely affect the public health, safety and welfare, or alter the
essential character of the development as originally approved.
4. Content and Format of Major Amendment
Requirements - Major amendments to development plans shall have the same
content and format requirements as the original development plan, except that
1) the title shall indicate the plan is an amended development plan, and 2) a
note shall be added listing the exact nature of the requested changes. No plan
change shall be considered in effect unless it is referenced in this note.
F. Deviation from Development Plan
After
approval of any amendment to the Zoning District Map, or approval to any
development plan, the property owner must adhere to the terms, restrictions and
guidelines as set forth and imposed in the development plan for the subject
property. Any person whose use of
his/her property deviates from the development plan will be deemed in violation
of this ordinance, and subject to the penalty provision of Section 304
herein. Prior to instituting any
criminal and/or civil action, the Planning Director shall first give the
violator a minimum 10-day notice to abate, setting forth the basis of the non-compliance
claim.
(Amended December 2005)
503.4 Water Supply and Sewage Disposal
No
building shall be constructed or occupied and no mobile home shall be occupied
unless the water supply and sewage disposal facilities have been approved by
the County Health Officer.
Wherever
water or sewer mains are accessible (accessibility generally meaning within
fifty (50) to seventy-five (75) feet of the property line), buildings and
mobile homes shall be connected to such mains.
In every other case, individual
water supply and sewage disposal must meet the requirements set by the County
Health Officer.
In
addition to the County Health Officer's requirements the following shall apply:
A. Intent: The following provisions are primarily
intended to allow the construction of isolated, rural, large lot homes. The demand for this type of development is
recognized but is not encouraged because of the difficulty and efficiency of
providing necessary public services.
B. Lots
for single family residences utilizing a septic tank disposal system shall be
at least forty three thousand five hundred sixty (43,560) square feet with a
minimum frontage of one hundred fifty (150) feet. In-family conveyances as permitted in the
agricultural zone shall be considered exempt from the one hundred fifty (150)
feet minimum road frontage requirement. (Amended
November 2006)
C. Multi-Family
and Non-Residential Uses:
D. Any
applicant for a subdivision utilizing on-site sewage disposal systems shall
obtain certification from the Woodford County Health Department that a site
evaluation for each lot has been completed in accordance with Kentucky Onsite
Sewage Disposal Systems regulations and that the lot can support a sewage
disposal system that can be installed and used safely and efficiently for
wastewater treatment. (Amended November 2000)
503.5 Construction Provisions
A. Any
construction, excavation or grading activity shall not cause physical damage to
any adjoining property.
B. The
premises shall be kept in neat and clean condition at all times. Paper and debris and other trash shall be
contained in trash receptacles or removed from the property to an appropriate
location. Any inoperable equipment must
be removed from the property.
C. All
erosion, siltation, and water impoundment must be handled in accordance with
the Subdivision Regulations.
D. Any
use of streets or walks for the depositing of construction materials may be
permitted under the following provisions:
1. Material shall not obstruct more than fifty percent
(50%) of the sidewalk unless a safe, temporary walk is provided.
2. Material shall not obstruct the free passage of vehicles
in the streets. A sufficient portion of
the street must be left unobstructed.
3. Materials deposited so as to obstruct gutters, sewers,
sidewalks, and drainage patterns to protect such improvements from the
construction being performed shall be immediately removed when no longer needed
to protect such improvements.
4. Material deposited in the right-of-way shall be marked
in such a way so that it is visible both day and night.
E. All
equipment and materials used during the construction, excavation, or grading
process shall be removed upon completion of the work within three days and
disposed of in accordance with the Solid Waste Ordinance. Any storage of equipment or materials after
the completion of the work shall require a permit. Solid waste shall be disposed of in
accordance with the solid waste ordinance.
F. If
any damage should occur to the street, sidewalks, or adjoining property, it
must be immediately repaired by the contractor or developer to the satisfaction
of the City or
G. For
failure to comply with the provision of this section, a penalty of fifty
dollars ($50.00) per day shall be imposed from the date of written notice from
the Commission that a violation has occurred, provided that each day's
violation thereof shall be a separate offense for the purpose thereof. Such penalty shall be in addition to any
other penalties imposed by this ordinance.
Certificates of Occupancy shall be held for any completed construction
in violation of this section until penalties imposed are paid. In the event that violations of this section
have occurred, which in the discretion of the Commission creates an immediate
danger peril to the community, the Commission may issue an order to immediately
cease and desist further construction, grading, and excavation until such
violations have been corrected.
504 Supplementary District
Regulations
504.1 Visibility
at Intersections
As
adopted by the City of Versailles and the Woodford County Fiscal Court, on
corner lots, except in the OHB, OHR, and A-1 Districts, nothing shall be
erected, placed, planted, or allowed to grow in such a manner as materially to
impede vision between a height of two and one half (2 1/2) feet and twelve feet (12) above the
center line grades of the intersecting streets in the area bounded by the
right-of-way lines of such corner lots and a line joining points along said
right-of-way lines twenty five (25) feet from
the point of the intersection.
As
adopted by the City of Midway, on a corner lot in any residential district,
nothing shall be erected, placed, planted, or allowed to grow in such a manner
as materially to impede vision between a height of two and a half ( 2/1/2) feet and twelve (12) feet above the
center line grades of the intersecting streets in the area bounded by the
right-of-way lines of such corner lots and a line joining points along said
right-of-way lines twenty five (25) feet from the point of the intersection.
504.2 Fences, Walls and Hedges (Amended July 1995)
Notwithstanding
other provisions of this ordinance, fences, walls and hedges may be permitted
in any required yard or along the edge of any yard, provided that no fence,
wall, or hedge along the sides or front edge of any front yard shall be over
three and one-half feet (3 1/2) in height (chain link fences may be constructed
provided that said fence shall not exceed four (4) feet in height, (and further
provided that no fence or wall along the sides or rear of any yard shall be
over 8 feet in height, Midway and Woodford County only) unless otherwise
permitted by the Board of Adjustment. This
provision does not apply to fences, walls and hedges in agricultural
districts. For the purpose of this
section, the height of a wall or fence shall be the vertical distance from the
average established grade at the fence or wall to the top of the fence or wall.
504.3 Projections
A. Covered
porches, stairways, terraces or other similar features, the floor level of
which is not over three (3) feet above the average finished grade and which do
not extend above the level of the first floor of the building, when open and
unenclosed, may project into a required front, side or rear yard not more than
eight(8) feet, provided that such covered porches, stairways, terraces, or
other similar features conform to the provisions of Section 504.3 (D).
B. Outside
stairways may not extend more than three (3) feet into any required side yard;
nor more than five (5) feet into any required rear yard.
C. Chimneys,
flues, belt courses, leaders, sills, pilasters, lintels, ornamental features,
cornices, eaves, gutters and the like, may extend not more than twenty-four
(24) inches into any required yard.
D. Notwithstanding
any other provision of this section, no projection as listed above shall extend
into any required side yard more than one-half (1/2) the width of such yard,
nor within ten (10) feet of the front lot line nor five (5) feet of the rear
lot line, nor within three (3) feet of any accessory building, provided,
however, that such limitations shall not apply to terraces and steps inside
yards, or to a loading dock or tailboards in connection with an industrial
siding.
504.4
A. No
accessory building shall be erected in any required court or in any yard other
than a rear yard provided, however, that an accessory building may be erected
as part of the principal building, or, if at least six (6) feet therefrom, may
be connected thereto by a breezeway or similar structure, provided all yard and
court requirements of this Ordinance Resolution for a principal building are
complied with.
B. Buildings
accessory to 1 (one) storey principal structures shall be equal to or less than
the height of the principal structures; buildings accessory to 2 (two) storey
and above principal structures shall not exceed the average height of the principal
structure; and in all cases, shall be distance at least five (5) feet from rear
property lines, and at least 2 (two) feet from lot lines of adjoining lots in a
residential district; provided, however, that an accessory building may be
constructed on a side or rear lot line, not an alley lot line, by common
consent of the adjoining property owners concerned. (Amended December 2006)
C. Where
a corner lot adjoins in the rear of a lot in a residence district, no part of
an accessory building within twenty-five (25) feet of the common lot line in
the rear shall be nearer a side street lot line than the least depth of any
front yard existing or as required, whichever is less, along such side street
for a principal building on such adjoining lot, and in no case shall any part
of such accessory building be closer to the side street lot line than the main
building to which it is accessory.
504.5 Regulations
for Lots and Yards
A. Erection
of More Than One Principal Structure on a Lot:
In any district, more than one structure housing a permitted or
permissible principal use may be erected on a single lot, provided that yard
and other requirements of this ordinance shall be met for each structure as
though it were on an individual lot,
provided that a development plan is submitted for the Planning
Commission to review and approve, prior to the issuance of any building
permits. The Development Plan shall be
according to Section 503.3 (D).
B. Front
Yard Regulations for Corner and Double Frontage Lots: Corner lots and double frontage lots shall,
as a minimum, provide for the minimum front yard on both frontage streets. The rear yard and side yard is at the option
of the developer or home owner.
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, except when
adjoining A-1 and A-2 Districts, any abutting side yard, rear yard or court on
a lot adjoining such boundary line in the less restricted district shall have a
minimum width and depth equal to the required minimum width and depth for such
yards and courts in the more restricted district.
E. Front
Yards Not Parallel to the Building:
Where the front wall of a building is not parallel with the front lot
line or is broken or otherwise irregular, the average depth of the front yard
shall not be less than the otherwise required front yard; provided however,
that such front wall shall at all points be within five (5) feet of the
otherwise required front yard depth.
F. Side
Yards Not Parallel To The Building:
Where the side wall of a building is not parallel with the side lot line
or is broken or otherwise irregular, the average width of the side yard shall
not be less than the otherwise required least width; provided, however that
such side yard shall not be narrower at any point than one-half (1/2) the
otherwise required side yard, nor narrower than three (3) feet in any case.
G. Rear
Yards: Where the rear wall of a building is not parallel with the rear lot line
or is broken or otherwise irregular, the average depth of the rear yard shall
not be less than the otherwise required rear yard provided, however, that such
rear wall shall not at any point be less than one (1) foot the otherwise
required rear yard.
504.6 Height Regulations
A. Maximum: Except as hereinafter provided, no building
or structure, or part thereof, shall hereafter be erected or altered to a
height greater than the maximum specified for the respective zone.
B. How Measured: For the purpose of this Zoning Ordinance the "height" of a wall of a structure or a part of a building is the mean vertical distance from the