§ 158.003. APPLICATION OF DISTRICT REGULATIONS.  


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  • (A) The regulations set by this chapter shall be held to be the minimum requirements. Within each district, they shall be applied uniformly to each class or kind of structure or land, except as hereinafter provided. More particularly:
    (1) No building, structure or land shall hereafter be used or reused and no buildings or structure or part thereof shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected constructed, reconstructed, moved or structurally altered unless in conformity with the regulations herein specified for the district in which it is located.
    (2) No building or other structure shall hereafter be erected or altered:
    (a) To exceed the height or bulk;
    (b) To accommodate or house a greater number of families;
    (c) To occupy a greater percentage of lot area; or
    (d) To have narrower or smaller rear yards, front yards, side yards or other open spaces than herein required; or in any other manner contrary to the provisions of this chapter.
    (3) No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.
    (4) No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
    (5) (a) However, any structure damaged or destroyed may be restored if that structure does not involve a non-conforming use.
    (b) Damaged or destroyed structures located over a setback requirement of the zoning ordinance may be relocated in the same location provided they are erected on the existing foundation and do not further encroach into the setback requirement in a circumstance where conforming to the setback requirement would create an undo hardship on the property owner.
    (6) Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted, rules, regulations, ordinances or resolutions, the most restrictive, or that imposing the higher standards, shall apply.
    (7) Any area annexed after the adoption of this zoning regulation shall be assigned to a district as set forth in § 158.044.
    (B) For penalty, see KRS Chapter 100.991 and § 158.999 of this code of ordinances.
    (1989 Code, § 154.003) (Ord. 1063, passed - -1967; Am. Ord. 2124, passed 8-28-1995; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)