ORDINANCE NO. 1-87SECTION I. PURPOSE
AN ORDINANCE OF THE CITY OF BELLEFONTE,
KENTUCKY ESTABLISHING THE PLANNING AND ZONING
OF SAID CITY AND PROVIDING FOR ITS ENFORCEMENT
AND OTHER MATTERS
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF BELLEFONTE, KENTUCKY:
The purpose of this ordinance is to prescribe, regulate, restrict and limit for the purpose of promoting the public health, safety, morals or the general welfare, regulations of and restrictions upon the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land, including the regulation and number of stories of buildings and other structures, the percentage of a lot that may be occupied by buildings and structures, the maximum number of families that may be housed in dwellings, the size of yards and other open spaces, the density of population and the location and use of such buildings, structures and land for residence or other purposes; and for said purposes to divide the City of Bellefonte, to provide a method of administration and enforcement and to provide penalties for the violation of the within provisions.
SECTION II. DEFINITIONS
For the purposes of this ordinance, certain terms are defined below:
- "Carport" means a space or structure serving same or similar purpose as a garage, having a roof, but two or more sides are open or do not have a permanent wall.
- "City" means the City of Bellefonte, Kentucky.
- "Convalescent home" includes (I) a rest home or boarding home for the aged or mentally or physically infirm conducted within any abode, building, institutional residence, or ( ii ) home used for the reception and care of three or more unrelated persons who, by reason of age or mental or physical infirmities, are not capable of properly caring for themselves and regardless as to whether or not a license has been issued by the Commonwealth of Kentucky.
- "Corner lot" means a lot of which at least two adjacent sides abut for their full length and width upon two streets.
- "Dish antenna" means an outside accessory antenna that is linked to a receiver and used for the reception of signals transmitted via satellite by stations licensed by the Federal Communications Commission in the Radio Broadcast Services including AM, FM and television.
- "Front lot line" means in the case of a lot abutting upon only one street the line separating such lot from such street. In the case of any other lot, the owner shall, for the purpose of this ordinance, have the privilege of electing either street lot line as the front lot line provided it is so designated on the building plans filed for approval with the building inspector.
- "Front yard" means an open space extending the full width of the lot between the foundation of a building and the front lot line unoccupied from the ground upward except as may be hereinafter specified.
- "Garage" means a space or structure on the same lot with or in the building to which it is accessory, for private use, for storage only, having no public shop or service in connection therewith and in which no business or industry is conducted.
- "Habitable living space" means that part of a dwelling, exclusive of garages, breezeways, basements, porches, patios, carports, covered walks and attics.
- " Interior lot" means a lot other than a corner lot.
- "Lot" means any plot of land occupied or intended to be occupied by one building or one unit group of buildings and its accessory buildings and using and including such open spaces appurtenant thereto not less than as required or permitted by the provisions of this ordinance. When two or more lots are consolidated, they should be considered as one lot.
- "Lot depth" means the distance measured in the mean direction of the side lot lines from the mid-point of the front lot line to the opposite rear lot line.
- "Lot of record" means a parcel of land which has been established as a lot on a plat, survey, or deed of record prior to the effective date of the original zoning ordinance of the City.
- "Lot width" means the mean width of a lot measured at right angles to its depth.
- "Major thoroughfares" means Bellefonte-Princess Road (State Route 5) and Country Club Drive (State Route 1093).
- "Person" or words purporting persons means firms, associations, partnerships (including without limitation, general and limited partnerships), joint ventures, societies, estates, trusts, corporations, public or governmental bodies, other legal entities and natural persons.
- "Rear lot line" means that lot boundary line which is opposite and most distant from the front lot line.
- "Rear yard" means an open space extending the full width of a lot between a building and the rear lot line, unoccupied from the ground upward except as may be specified below.
- "Rehabilitation center" means a home, center or other building used for the reception and care of persons (I) receiving treatment for excessive use of drugs or alcohol, or (ii) receiving rehabilitation from a correction institution regardless as to whether or not a license has been obtained from the Commonwealth of Kentucky.
- "Side lot line" means any lot boundary line not a front lot line nor a rear lot line.
- "Side yard" means an open space extending from the front yard to the rear yard between a building and the side lot line, unoccupied from the ground upward except as may be specified below.
- "Street" means any public way, square, lane or other way dedicated and set aside by easement or other appropriate method of acquisition thereof, a minimum of 40 feet in width. The paved portion of any street or public way shall be not less than 16 feet in width.
- "Street lot line" means a line dividing the lot from the street.
SECTION III . GENERAL PROVISIONS
Scope. Except as specified below, no building, structure or premises shall hereafter be used and no building or part thereof or other structure shall be erected, raised, moved, reconstructed, extended, enlarged or altered, except in conformity with the regulations contained in this ordinance.
SECTION IV. USES PERMITTED OR PROHIBITED
- Permitted Uses. Within the limits of the City, no building structure or premises shall be used and no building or structure shall be erected for other than one or more of the following specified purposes.
- Dwellings. A one-family, single, detached house for one housekeeping unit only.
- Roomers and boarders. The leasing of rooms by a resident family, provided the total number of roomers and boarders does not exceed two unrelated persons in any one dwelling.
- Accessory uses and structures. Accessory uses or structures customarily incidental to any aforesaid permitted use and located on the same lot therewith, including garages, under conditions specified below, provided that such accessory uses shall not include any activity conducted for gain. However, more than two accessory buildings of any kind will require the consent of the Board of Zoning Adjustment whether free standing or connected to the main dwelling.
- Conditionally Permitted Uses. Churches and other places of worship, country clubs, public schools and municipal buildings are permitted provided the following conditions are met:
- all structures and activity areas are at least 100 feet from all property lines;
- such development must be located on major thoroughfares or at intersections of a major thoroughfare and a local street:
- adequate off-street paved parking shall be provided;
- such use shall be properly landscaped to be harmonious with surrounding uses, especially residential areas: and
- all permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any other property or person.
- Prohibited Uses. Within the limits of the City, no building, structure or premises shall be used and no building or structure shall be erected for other than one or more of the purposes specified above. The following uses are specifically prohibited:
- Any building, structure or premises intended or designed to be used in whole or in part for any trade, manufacturing or commercial purpose.
- House trailers and trailer parks.
- Rehabilitation center, convalescent home.
- Residence in accessory buildings is prohibited. The Board of Zoning Adjustment may, however, permit such use for persons employed on the premises and their immediate families.
SECTION V. AREA, HEIGHT AND YARD LIMITATIONS
SECTION VI. DRIVEWAYS
- Lot area requirements. There shall be at least 10,000 square feet of lot area for each resident family or housekeeping unit in any building. Each lot shall have a minimum width of seventy five (75) feet and a minimum length of one hundred twenty (120) feet.
- Front yards. There shall be a front yard on every lot. Depth of any front yard shall be at least 30 feet, but in no event shall such depth be less than that required for buildings to be in alignment with other already existing buildings on adjoining lots. However, where a lot runs through a block from street to street, a front yard, as provided below, shall be required along each street lot line which is not a side street lot line.
- Rear yards. Every lot shall have a rear yard having a depth of at least 40 feet. Ground story rear projections from the building may extend ten feet into a required rear yard.
- Side yards. All dwellings shall have a minimum of 15 feet of side yard depth on each side of the dwelling except on corner lots. Any side yard along the side street lot line on any corner lot shall be at least 30 feet.
- Required yards cannot be used by another building. No part of a yard or other open space provided in connection with any building or structure for the purpose of complying with the provisions of this ordinance shall be included as a part of a yard or other open space required under this ordinance for another building or structure.
- No space necessary for compliance with the minimum side yard requirements for a lot 75 feet wide, as prescribed in this ordinance, shall be counted or included in or for the side yard of any other lot, regardless of change in ownership of land included within said prescribed side yard space. No lot shall be so reduced in area after enactment of this ordinance as to make a rear yard less deep than is prescribed by this ordinance for a lot 120 feet in depth.
- Where a corner lot adjoins another lot, no part of any accessory building within 30 feet of the common lot line shall be nearer a side street lot line than the least depth of any front yard required along such side street for a corresponding building on such adjoining lot, except that in the case of a narrow corner lot where compliance with this requirement would give an impracticable depth to a private garage, the Board of Zoning Adjustment may permit the construction of such garage as near to such side street lot line as will give a practicable depth, but in no such case shall any part of such garage project beyond the building to which it is necessary.
- Buildings and Structures
- Construction, alterations and maintenance within the City must preserve or be compatible with the unique architectural features and characteristics of the neighborhood.
- Dwelling area requirements. The minimum habitable living space required in any dwelling shall not be less than 1,400 square feet. The minimum habitable living space required on the ground floor of any dwelling containing more than one story shall be not less than 1,200 square feet.
- Height. No building or structure shall exceed two and one-half stories or thirty feet in height on the front or side facing the street, measured from the ground at the base of the building on such front or side.
- Rear dwellings. No building in the rear of a principal building on the same lot shall be used for residence purposes except only for domestic employees of the owners or of the tenants of the principal building.
- For purposes of the minimum distance from the lot line provided at Section V(1) above, garages, carports, storage sheds, decks, porches, gazebos or other structures having a height of 24 inches or more (excluding fences) shall be considered part of the building.
- No carport shall be permitted in the City which is a free standing structure, i.e. not attached to the dwelling.
- No patio, pavement or sidewalk shall be constructed or maintained within three (3) feet of a lot line
- Requirement. All lots containing a dwelling shall have driveways defined by paving with a solid material or a contained aggregate. No driveways will be permitted which are not so paved except during initial building construction
- Aggregate Driveways. Aggregate driveways must be constructed so as to contain the aggregate. Aggregate which spills or washes out or otherwise does not remain in the contained area must be returned to the contained area by the property owner within forty-eight hours of its leaving the contained area
- Spaces. Each driveway shall provide parking space for at least two motor vehicles. For purpose hereof, a parking space shall have minimum length of ten ( 10) feet. No portion of a driveway on a street easement shall be considered available parking space.
- Set In. No driveway, including driveway entry posts or pillars, shall be constructed or maintained within three (3) feet of a lot line.
SECTION VII . FENCES
SECTION VIII . DISH ANTENNAS
- Front and Side Yard. No fence or wall shall be constructed or maintained in a front or side yard for the purpose of containment and at least seventy-five percent (75%) of the surface area of the fence must remain open and unobstructed. The maximum height shall be four (4) feet. No fence shall be maintained or constructed of metal such as chain link, wire mesh, or chicken wire: provided, however, a fence (or combination with a wall) may be built of wrought iron or similar material. No fence shall be built or maintained within two feet of a street, on or over a public utility line.
- No fence or wall (including a retaining wall ) shall have a height greater than six (6) feet, nor shall said fence materially obstruct the view from an adjoining landowner's property. No fence shall be maintained or constructed of metal such as wire mesh. or chicken wire.
- Permit. Prior to erection, a building permit issued by the building inspector who must approve fence location, type, design, and construction materials must be obtained. Appeals of the building inspector's decisions may be made to the Board of Zoning Adjustment.
- Maintenance. Fences must be kept painted and repaired as construction type dictates and free of unsightly vegetation. Fence lines must be kept neat and trimmed. Fences which become unsightly or fall into disrepair must be removed or repaired.
- Prohibition. Except as otherwise provided in this Section, dish antennas are prohibited.
- Permit. Prior to installation, a building permit shall be issued by the building inspector who must approve location, base, alignment with grade, elevation, screening, wiring, size and design. Appeals of the building inspector's decisions may be made to the Board of Zoning Adjustment.
- Set In. No dish antenna shall be located within 15 feet of any property I I ne .
- Size and Height. No dish antenna shall be greater than eleven feet above grade height if turned perpendicular to the ground and the maximum diameter of any dish antenna shall not exceed eight feet.
- Other Requirements:
A dish antenna shall be:
- Located in the rear yard of the principal building or structure and concealed from view from the front street.
- Mounted in a concrete base in line with grade.
- Installed as close to grade elevations as possible.
- Placed where it offends the least and reduces visual blockage.
- Adequately screened, landscaped and painted.
- Open mesh type if possible.
- Wired underground.
- Properly maintained.
- Designed to withstand a wind force of up to seventy miles per hour.
SECTION IX. SIGNS
- Prohibition. Except as otherwise provided by the City's ordinances, all signs are prohibited, including signs announcing or supporting any person's candidacy for an elected office or signs concerning ballot issues
- A resident is permitted to maintain a sign on the property and/or on the mailbox identifying the address and name of the resident, provided such sign is no larger than seventy-two ( 72 ) square inches in area.
- Real estate signs advertising the sale, rental or lease of only the premises on which they are maintained and not over six ( 6 ) square feet in area.
- No more than 3 signs may be erected identifying the time and location of a garage sale. Such signs may not be erected more than 48 hours prior to commencement of such sale and cannot exceed two ( 2 ) square feet in area. Such signs must be removed immediately after the sale.
SECTION X. RECREATIONAL FACILITIES
- Playground Equipment. Playground equipment including swings, slides, seesaws, jungle gyms, teeter totters, carousels, etc. shall be erected and maintained only in rear yards and shall be at least ten (10) feet from any property line .
- Above Ground Pools. No above ground swimming pools having a diameter greater than 8 feet or an above ground height in excess of 3 feet shall be permitted in the City. Any swimming or wading pools shall be at least 15 feet from any property line.
SECTION XI. LAWN AND DRIVEWAY ORNAMENTS
Except for concrete or stone bird baths, no man-made lawn or driveway ornaments, including, but not limited to, flamingos, deer, lions, lawn jockeys and pagodas, shall be erected, placed or maintained in a front yard.
SECTION XII. STORAGE TANKS FOR HAZARDOUS AND VOLATILE SUBSTANCES
No storage tank, whether above or below ground shall be built, installed or maintained for storage of petroleum products or other hazardous or volatile substances on a lot used for a private residence except such storage tank as is necessary for home heating fuel.
SECTION XIII. GENERAL NUISANCES
No property owner shall permit any nuisance to be maintained or continue on their property. For purposes of this ordinance, a general nuisance shall be failure to maintain the general appearance of the property, allowing or permitting, on a continual or regular basis, noisome or noxious odors, smoke or loud or raucous noise to originate from their property which constitutes an annoyance to a reasonable person.
SECTION XIV. NONCONFORMING USES
- Existing Nonconforming Buildings, Fixtures, Premises or Uses. Any building, structure, premises or use existing at the time of enactment of this ordinance may be continued, even though such building, structure or use does not conform with the provisions of this ordinance. Such existing nonconforming use may be hereafter extended throughout those parts of a building which were manifestly arranged or designed for such use at the time of the enactment of this ordinance. Notwithstanding the foregoing, any nonconforming use existing at the time of enactment of this ordinance may not be continued if such nonconforming use was a nonconforming use under the prior zoning ordinance of the City and such nonconforming use did not exist at the time of enactment of said ordinance.
- Extension of Buildings Containing a Nonconforming Use. No building or premises containing a nonconforming use shall hereafter be extended, unless such extension shall conform with the provisions of this ordinance, except as provided below.
- Nonconforming Use Is Discontinued. No building, structure or premises where a nonconforming use is discontinued for more than two years or superseded by a use permitted shall again be devoted to such prohibited use.
- Replacing Damaged Nonconforming Buildings. Any nonconforming building or structure damaged more than 65 percent of its then fair market value above the foundation at the time of damage by fire, flood, explosion, earthquake, war, riot or act of God shall not be reconstructed and used as before such calamity, but if damaged less than 65 percent it may be reconstructed or used, provided that it be done within twelve months of such calamity.
- Restoring Unsafe Buildings. Nothing contained in this Section XIV shall prevent the strengthening or restoring to safe condition of any part of any building or structure declared unsafe by the building inspector or from complying with his lawful requirements.
SECTION XV. REMOVAL OF NATURAL MATERIALS
Mining, drilling or removal of earth or gravel for commercial purposes is prohibited; provided, however, drilling may be conducted to provide water for the dwelling upon the lot on which such activity takes place and water may be provided to no more than two dwellings on adjoining lots or lots within 100 feet.
SECTION XVI. SUBDIVISION
No lot of record shall hereafter be subdivided without the consent of the Board of Zoning Adjustment.
SECTION XVII. BUILDING PERMITS
No person shall commence the construction of any building or addition or appurtenance thereto or the improvement thereof or the construction of any facility to be used in connection with any building, including, but not limited to, fences, dish antennas, surface water drainage, decks, garages, carports, porches, permanent swimming pools, gazebos or storage shed, within the corporate limits of the City without first having obtained a building permit from the building inspector of the City. The building inspector shall determine whether the proposed construction, reconstruction or alteration will be appropriate to the preservation of or be compatible with the unique architectural features and characteristics of the City and its neighborhoods. In passing upon appropriateness, the building inspector shall consider, in addition to any other pertinent factors, the architectural style, general design, arrangement, texture, material and color of the exterior architectural factors involved and the relation thereof to the exterior architectural factors of other structures in the City and neighborhood. The building inspector shall be provided with such plans, drawings and other information about the construction, reconstruction or alteration as he may in his discretion reasonably request both prior to and during construction.
SECTION XVIII. BUILDING INSPECTION
No person engaged in the construction of any building or any addition or appurtenance thereto, or any improvement thereof, or any facility to be used in connection therewith, nor his contractor, agents, servants or employees shall permanently conceal from view any plumbing or sanitary facility or any electrical wiring or installation without first notifying the building inspector that such concealment is imminent and affording the building inspector a reasonable opportunity to inspect the same before concealment thereof.
SECTION XIX. CERTIFICATE OF OCCUPANCY
- Requirement. No building or other structure or portion thereof hereafter erected or altered in its use or structure shall be used or occupied until the building inspector shall have issued a certificate of occupancy stating that such building or structure or portion thereof and the proposed occupancy or use thereof are found to be in conformity with the provisions of the zoning ordinance of the City.
- Appeals. The building inspector shall make his final inspection within five days after notification that a building or structure is ready for occupancy. Should the building inspector refuse to issue a certificate of occupancy, he shall state his reasons for such refusal in writing and shall immediately thereupon mail notice of such refusal and the reasons therefor to the applicant at the address indicated on the application. An appeal may be taken to the Board of Zoning Adjustment from such refusal by the building inspector.
SECTION XX. BUILDING INSPECTOR
- Appointment. The position or office of building inspector of the City is hereby created and the building inspector shall be appointed by the Mayor with the consent of the Board of Commissioners.
- Appeals. Should the building inspector refuse to grant a permit, any person feeling aggrieved by the decision of the building inspector may appeal to the Board of Zoning Adjustment.
SECTION XXI. BOARD OF ZONING ADJUSTMENT
- Appointment and Composition. A Board of Zoning Adjustment, consisting of five members, shall be appointed by the Mayor with the approval of the Board of Commissioners. All members of said Board of Zoning Adjustment shall serve without compensation.
- Rules and Regulations. The Board of Zoning Adjustment shall have the power to adopt rules and regulations for its own government, not inconsistent with law or with the provisions of this and of any other ordinance of the City.
- Meetings. Meetings of the Board of Zoning Adjustment shall be held at the call of the Chairman of the Board of Zoning Adjustment and at such other times as the Board of Zoning Adjustment may determine. The Chairman, or in his absence, the acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board of Zoning Adjustment shall be open to the public.
- Procedure. The Board of Zoning Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examination and other official actions, all of which shall be immediately filed in the office of the Board of Zoning Adjustment and shall be a public record.
- Vote. The concurring vote of four members of the Board of Zoning Adjustment shall be necessary to grant a special exception or a variance.
- Powers. The Board of Zoning Adjustment shall have the following powers:
- Special exceptions and variance. I n addition to the special exceptions heretofore provided in this ordinance, the Board of Zoning Adjustment shall have the power to permit in specific cases such special exception or variance from the terms of this ordinance as will not be contrary to the public interest where a literal enforcement of the provisions of the ordinance will result in unnecessary hardship and so that the spirit of the ordinance shall be observed and substantial justice done.
- Temporary uses. The Board of Zoning Adjustment may grant a temporary and conditional permit for a use that does not conform to regulations prescribed in this ordinance, provided that such use is of true temporary character and does not involve the erection of substantial buildings. Such permit shall be granted in the form of a revocable permit for not more than a twelve month period subject to such conditions as will safeguard the public health, safety, convenience and general welfare.
- Public hearings. The Board of Zoning Adjustment shall fix a reasonable time for the hearing of any application for special exception and shall give notice thereof by mail to the applicant and by posting notice in three public places at least three days before the time when such application shall be considered by the Board of Zoning Adjustment and in compliance with KRS Chapters 100 and 424. Upon the hearing, any party may appear in person or by attorney and the Board of Zoning Adjustment shall decide the application within a reasonable time.
- Appeals. Appeals to the Board of Zoning Adjustment may be taken by any property owner, resident citizen or by any officer of the City affected by any ruling of any administrative officer administering any portion of this ordinance and such appeal shall be taken within a reasonable time as provided by the rules of the Board of Zoning Adjustment, by filing with the Board of Zoning Adjustment a notice of appeal specifying the grounds thereof .
SECTION XXII. ENFORCEMENT
It shall be the duty of the building inspector, Board of Commissioners and Board of Zoning Adjustment to enforce this ordinance.
SECTION XXIII. VIOLATIONS AND PENALTIES
Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof in a court of competent jurisdiction, shall be fined not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00) for each violation committed, each day's continuance of a violation constituting a separate offense, or imprisoned for not more than thirty ( 30 ) days, or both so fined and imprisoned, within the discretion of the judge or jury. In addition to the foregoing, the City, property owner or any resident citizen aggrieved may proceed in the Circuit Court in and for Greenup County, Commonwealth of Kentucky, by way of injunction, to enforce the discontinuance of such violation or any situation or condition which may have been brought about or exist by reason of such violation of this ordinance and may, in addition to such injunctive relief, be awarded both compensatory and punitive damages for such violation.
SECTION XXIV. REPEAL OF CONFLICTING ORDINANCES
All ordinances, parts of ordinances and amendments thereto in conflict this ordinance previously adopted by the Board of Commissioners of the City are hereby expressly repealed.
SECTION XXV. SEVERABILITY
Each section and each sentence of this ordinance is enacted separately and the invalidity or unconstitutionality of any one particular sentence and/or section shall not affect the validity and/or constitutionality of any other sentence and/or section.
SECTION XXV I . EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage, approval and publication, as required by law.