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General
Provisions
§
150.001
ADOPTION OF COUNTY CODES.
The
Building, Plumbing, and Electrical Codes legally adopted for Jefferson
County, Kentucky by the Jefferson County Fiscal Courts is adopted and are
to be used as the Building, Plumbing, and Electrical Codes for the city.
(Ord. 90-09, passed 12-17-90)
§
150.002
DEFINITIONS.
For
the purpose of this chapter, the following definitions shall apply unless
the context clearly indicates or requires a different meaning.
ACCESSORY
BUILDING.
A subordinate building or structure, the use of which is incidental
to that of the main building or to the use of the premises.
ALTER
or ALTERATION.
Any change or modification in the construction or occupancy.
AREA.
As applied to the dimensions of a building, shall mean the maximum
horizontal projected area of the building at grade.
BUILDING.
A structure for the shelter, support, or enclosure of persons,
materials, or property of any kind, having a roof supported by columns or
walls, and when separated by a division or party wall without openings,
each portion of the building so separated shall be deemed a separate
building. The term BUILDING
shall be construed as if followed by the words “or part thereof.”
BUILDING
SETBACK AREA. The area of
a lot or parcel of land lying between the front property line and the
future widening line of an existing street or highway or the area of a lot
or parcel of land lying between the boundary lines of a proposed street or
highway.
DWELLING.
Any building which contains a dwelling until as hereinafter
defined; provided, however, temporary housing as hereinafter defined shall
not constitute a dwelling for purposes of this chapter.
DWELLING,
SINGLE-FAMILY. A building
designed for or occupied by one family, wherein not more than two roomers
or lodgers other than members of the family, are provided with shelter or
meals.
DWELLING
UNIT. Any room or group
of rooms or other part of a building which forms a single housekeeping
unit with facilities which are used or are designed for living, sleeping,
cooking and eating.
FENCE.
Any construction of wood, metal, wi4re mesh, masonry, or other
material, erected for any purpose.
GRADE.
The average elevation of the finished ground surface touching the
outside walls of a building or structure.
LOT.
A parcel of land occupied, or to be occupied, by one main building,
together with the accessory buildings and used customarily incidental to
it, and including such open spaces, dimensions, and area as are required
in this building ordinance, and having its principal frontage on a public
street or road.
LOT,
CORNER. The abutting on
two or more streets at their intersections.
LOT,
INTERIOR. A lot other
than a corner lot.
MULTIPLE
DWELLING. Any dwelling
containing more than one dwelling unit.
OCCUPANT.
Any person living, sleeping, cooking, or eating in, or having
actual possession of a dwelling unit.
OWNER. Any person who alone, jointly, or with several other persons
shall:
(1)
Having
all or part of the legal title to any dwelling unit, with or without
accompanying actual possession thereof, or shall have all or part of the
beneficial ownership of any dwelling or dwelling unit and a right to
present use and enjoyment thereof, including a mortgage in possession; or
(2)
Have
charge, care, or control of any dwelling or dwelling unit as owner, or as
executor, administrator, trustee, or guardian of the estate of the owner.
Any person thus representing the actual owner shall be bound to
comply with the owner’s obligation under this chapter.
PARKING
AREA. An open, unoccupied space permitted or required for use for
parking of motor-driven vehicles.
PROPERTY. Any interest of record or otherwise held by persons in land
or building located within the city.
SINGLE-FAMILY
RESIDENCE.
A structure maintained and used as a single dwelling unit.
Notwithstanding that a dwelling unit shares one or more walls with
another dwelling unit, it is a single family residence if it has direct
access to a street or thoroughfare and shares neither heating facilities,
hot water equipment, nor any other essential facility or service with any
other dwelling unit.
STREET. Any public thoroughfare which has been dedicated or deeded to
the public for public use.
STREET
LINE. A lot line dividing a lot from a street.
STRUCTURE. Anything constructed or erected, the use of which required
location on the ground or attached to something having a location on the
ground. All regulations
appertaining to a building shall be equally applicable to a structure.
The term STRUCTURE shall be construed as if followed by the words
“or part thereof.”
SURFACE. The outermost layer or superficial area of the interior of a
dwelling or dwelling unit, including but not limited to the outermost
layer or superficial area of walls, ceilings, floor, stairs, windows,
window sills, window frames, window sashes, doors, door frames, baseboards
and woodwork of a dwelling or dwelling unit.
VALUE
or VALUATION. The
estimated cost to replace the building in kind.
(Ord. 90‑09, passed 12-17-90)
§
150.003
PURPOSE.
The purpose of this chapter is to provide the
minimum standards to safeguard life, health, property and public welfare
within the city. (Ord. 90-09,
passed 12-17-90.)
§
150.004
EXEMPTIONS.
Buildings, fences, lights and pools in existence
prior to 12-17-90 are exempted from compliance in terms of their
architectural style and placement. Otherwise
they are subject to all sections of this chapter.
(Ord. 90-09, passed 12-17-90)
§
150.005
SCOPE OF BUILDING REGULATIONS.
(A)
General. The provisions of this chapter shall apply to the location,
design, materials and equipment, removal, construction and demolition of
every building or any appurtenance connected or attached to buildings
located within the corporate boundaries of the city.
In the event there is an apparent difference in the materials,
methods of construction, or other requirements specified in different
sections of this code, or between the requirements of this chapter and of
any other applicable law, or deed restrictions the more restrictive shall
govern.
(B)
New
buildings. New buildings hereinafter erected within the city shall
comply with the requirements of this chapter.
(C)
Existing
buildings. Except as otherwise specifically provided, buildings to which
additions, alterations, or repairs are made, and all additions,
alterations, or repairs, shall comply with the requirements of this code
for new buildings. (Ord.
90-09, passed 12-17-90)
§
150.006
LIMITATION UPON FENCES.
(A)
It
shall be unlawful for any person to erect or maintain a fence on any part
of the front or side yard of any lot within the city extending forward of
the dwelling’s outermost rear corners to which it runs.
(B)
All
fences on side and rear lot lines shall not exceed limitations of the
Jefferson County Planning and Zoning Regulations pertaining to the
building lot where fence is to be erected, shall not be greater in height
than six feet from ground level and the fence shall be of a design and
material to conform with the existing harmony of the surrounding area as
determined by the City Commission. (Ord.
90-09, passed 12-17-90; Am. Ord. 92-06 passed 02-15-93) Penalty, see §
150.999
§
150.007
LOT SUBDIVISION.
No
lots or areas platted within the city and recorded in the office of the
Clerk of the Jefferson County Court as of the date this chapter becomes
effective shall be subdivided, altered or changed without the prior
written approval of the City Commission.
(Ord.
90-09, passed 12-17-90) Penalty,
see § 150.999
§
150.008
BUILDING LIMITS.
No
house, building or structure may be erected so more than 30% of the area
of any lot is occupied by houses, buildings or structures.
Ord.
90-09, passed 12-17-90) Penalty,
see § 150.999
§
150.009
DIRECTOR OF BUILDING.
(A)
Appointment
of Director. The City Commission shall appoint a resident of the city, who
may be a member of the City Commission, to the position of Director of
Building which appointment may be terminated at will by the City
Commission. Every effort
should be made to appoint individuals who are graduates of accredited
schools of architecture or engineering or who have had experience with
building or construction work. If
this position is unfilled at any time, the City Commission will act in the
place of the Director of Building.
(B)
Duties. The Director of Building is authorized and directed to
enforce all provisions of this code as herein provided.
(C)
Deputies. The Director of Building, with the approval of the City
Commission, may designate deputies who shall exercise during the absence
or disability of the Director by whom they were appointed all powers of
the Director.
(D)
Inspectors. The Director of Building, with the approval of the City
Commission, may appoint inspectors and assistance to help carry out the
provisions of this code for which they are directly responsible.
No person shall be appointed as an inspector who has not been found
by the City Commission to have some experience as an architect, engineer,
building or in some other phase or construction work.
(E)
Right
of Entry. Upon the presentation of the proper credentials, the Director
of Building or his duly authorized representatives may enter at reasonable
times any building, structure or premise within the city to perform any
and all duties imposed upon him by this chapter.
(F)
Liability. Any person charged with the enforcement of this code, acting
in good faith and without malice for the city in the discharge of his or
her duties, shall not thereby render him or herself personally liable or
he or she is relieved from all personal liability for any damaged that may
accrue to persons or property as a result of any act required or by reason
of any act or omission performed by him or her in the enforcement of any
provisions of this chapter, and shall have the right to be defended by the
City Attorney until final determination
of ay proceedings pending against him or her.
(G)
Specific
duties. The Director of Building is authorized and directed to:
(1)
Enforce all provisions of this chapter;
(2)
Review plans and specifications;
(3)
Recommend to the City Commission the issuance or denial of building
permits and certificates;
(4)
Conduct inspections;
(5)
Recommend to the City Commission the issuance of rules and
regulations consistent with this chapter;
(6)
Maintain records and make reports; and
(7)
Perform other services as may be necessary to execute the
provisions of this chapter and be consistent therewith.
(Ord. 90-09, passed 12-17-90) (Ord. 2003-02, passed 02/17/03)
§
150.010
VARIANCES.
(A)
General. Any party in interest may request that the City Commission
grant a variance to the provisions of this code when the City Commission
finds that the provisions of this chapter impose undue and unwarranted
hardships or injustices upon the party requesting a variance and that the
granting of the variance will most nearly accomplish and not defeat the
purpose and intent of this chapter, or the Jefferson County planning and
zoning regulations. In which
case the variance will have to be granted by the Jefferson County Planning
and Zoning Commission and approved by the City Commission.
(B)
Procedure.
Upon receipt of a request for the granting of a
variance to this chapter, the City Commission shall, at their next
regularly scheduled meeting, following receipt of the request, establish a
time and place for a hearing to be held on the request.
The parties requesting the variance shall give ten days notice to
the hearing by registered mail, return receipt requested, to the owners of
all property adjacent to the area for which the variance is being
requested. The City
Commission shall, at the time the date of the hearing is established,
determine the meaning of the word “adjacent” so as to give reasonable
notice to all parties who may reasonably be expected to be affected by the
variance.
(C)
Hearing.
During the course of the hearing, the City
Commission shall require proof that a good faith effort has been made to
notify those parties, as determined by said body, at the time the hearing
was scheduled, to have an interest in the property adjacent to that
property for which the variance is being requested.
The party requesting the variance shall make a presentation to the
City Commission as to why the section of this chapter from which it is
requesting a variance causes undue and unwarranted hardship or injustices
to it, and as to why the granting of the variance will not defeat the
purpose and intent of this chapter. All
parties in interest will be given the opportunity to question the
applicant and to present information both in support of or against the
granting of the variance. The City Commission may require submission of additional
evidence of proof to substantiate the position of the applicant, and may
require additional data and tests which, in the opinion of the City
Commission, is necessary for adequate consideration of the request. The city Commission may schedule additional hearings, if in
the body’s opinion, they are necessary for adequate consideration of the
request.
(D)
Decision. The City Commission shall vote at its next regularly
scheduled meeting body upon the granting of the variance and a majority of
the whole body vote in favor of the variance.
(Ord. 90-09, passed 12-17-90)
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