Are any of these problems on YOUR property??

PDS zoning officials address a range of property-related issues, primarily ones that do not comply with the local zoning codes. Below are the 10 most common complaints in order of low to high frequency. Click on any of the photos for a larger view. 

The International Property Maintenance Code (IPMC) is the list of minimum maintenance and safety requirements for existing buildings put forth by the International Code Council. The complete document can be purchased online at www.iccsafe.org.

The zoning ordinance (ZO) paragraph defines the violation as it is phrased in the Kentucky Residential Statutes. The current zoning ordinances specific to each of PDS’s jurisdictions are available online at www.pdskc.org.


10.  OVERHANG EXTENSIONS

IPMC - All overhang extensions including, but not limited to (soffits) canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.

ZO - Does not address this issue.

EXAMPLES
          



9.   SWIMMING POOL ENCLOSURES

IPMC - Private swimming pools, hot tubs and spas, containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier at least 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.
Exception: Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section.

ZO - Building and Zoning permits are required for in-ground swimming pools. Zoning permits are required for all other swimming pools. The zoning ordinance defines swimming pools as - Any structure or device of any kind that is intended for swimming purposes, including but not limited to:  any pool or tank of any material or type of construction, or any depression or excavation in any natural or constructed material, or any dike or berm of any material or type of construction; including all appurtenances to such structure or device and all appliances used in connection therewith; which structure or device is intended to cause, or would cause, if completely filled, the retaining of water to a greater depth than eighteen (18) inches at any point.

EXAMPLES
          



8.  ROOF, GUTTERS, DOWNSPOUTS NOT IN GOOD CONDITION

IPMC - The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.

ZO - Does not address this issue.

EXAMPLES
                



7.  EXTERIOR PAINTING/SIDING

IPMC - Protective Treatment - All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.

ZO - Does not address this issue.
 
EXAMPLES
      



6.  ACCESSORY STRUCTURE IN DISREPAIR (FENCE, SHED OR GARAGE)


IPMC - All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.

ZO - Does not address this issue.

EXAMPLES
                 



5.  WORKING WITHOUT A PERMIT

IPMC - Does not address this issue.

ZO - Building and Zoning permits are required for items such as buildings, fences, sheds, walls, driveways, off-street parking areas, etc. (Contact this office at 859-331-8980 for help in this area)



4.  OUTDOOR STORAGE IN RESIDENTIAL ZONES

IPMC - Does not address this issue.

ZO - Most ordinances generally state that no outdoor storage of any material (usable or waste) shall be permitted in this zone, except within enclosed containers.

EXAMPLES
         



3.  UNLICENSED/INOPERABLE VEHICLE, PARKING AND STORAGE OF BOATS, CAMPERS, TRAILERS, RV, AND SIMILAR EQUIPMENT


IPMC - …no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled…

ZO - As applied to campers, boats etc. the Zoning Ordinances vary from jurisdiction to jurisdiction. However, the basic general rule is that outside storage of any trailer, recreational vehicle, camper, boat, or similar type equipment shall be restricted to a paved surface in the rear yard. Some ordinances deal with a time limit for storage and the length and/or weight of the item being stored etc.

As applied the unlicensed/inoperable vehicles the Zoning Ordinances vary from jurisdiction to jurisdiction. However most state that no vehicle which is abandoned, non-functional, in a state of disrepair, or lacking a valid license, shall be stored… (Contact this office at 859-331-8980 for more information)

EXAMPLES
           



2.  RUBBISH, DEBRIS, MISCELLANEOUS REFUSE AND GARBAGE

IPMC - All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage.

ZO - No rubbish, salvage materials, junk, or miscellaneous refuse shall be openly stored or kept in the open…or have a depressing influence upon property values in the neighborhood, in the opinion of the zoning administrator.

EXAMPLES
          



1.  TALL GRASS/WEEDS


IPMC - All premises and exterior property shall be maintained free from weeds or plant growth in excess of (height varies per jurisdiction). All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Upon failure… to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution…

ZO - No…weeds shall not be allowed to go uncut within any zones, when the same may be construed to be a menace to public health and safety by the appropriate health department, or have a depressing influence upon property values in the neighborhood, in the opinion of the zoning administrator...  

EXAMPLES