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For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUTTING. Having property or district lines in common, such as, two lots are abutting if they have property lines in common. Lots are also considered to be abutting if they are directly opposite each other and separated by public right-of-way.
ACCESS. A way of approaching or entering a property. Access also includes ingress, the right to enter, and egress, the right to leave.
ACCESSORY STRUCTURE OR USE. A structure or use which:
(1) Is subordinate to and serves a principal building or principal use;
(2) Is subordinate in area, extent or purpose to the principal building or principal use;
(3) Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use; and
(4) Is located on the same zoning lot as the principal building or principal use, unless otherwise permitted.
ADDITION. Any construction which increases the bulk, area, or the height of any portion of an existing building or structure.
ADULT USES. Establishments whose activities include the following (or any combination thereof), and which exclude minors by virtue of their age for reasons not related to alcohol:
(1) Commercial establishment, offering for sale/display, which have a substantial or significant portion of their stock and trade books, magazines, newspapers, or other printed or written material, or any picture, drawing, photograph, motion picture, or other pictorial representation, or any statue or other figure, or any recording, transcription, or mechanical, chemical or electrical reproduction, or any other articles, equipment, machines, or materials depicting sexual activity.
(2) Personal service establishments.
(3) Entertainment establishments, whether live or in some other format.
AGRICULTURAL USE. The use of a tract of at least five contiguous acres for the production of agricultural or horticultural crops, including but not limited to livestock, livestock products, poultry, poultry products, grain, hay, pastures, soybeans, tobacco, timber, orchard fruits, vegetables, flowers or ornamental plants, including provision for dwellings for persons and their families who are engaged in the above agricultural use on the tract, but not including residential building development for sale or lease to the public.
AIRPORT HAZARD ZONING. Regulations governing the height of structures near airport facilities promulgated by the state and approved by the Federal Aviation Administration; and as such zoning relates to the city, it is by reference incorporated into this chapter.
ALLEY. A public way (not a street) intended as only a secondary means of access to abutting property and not intended for general traffic circulation.
ALTERATION. Any change or modification in construction, exit facilities, building equipment or permanent fixtures which does not include an addition to an existing building.
APARTMENT. A room or a suite of rooms occupied, or which is intended or designed to be occupied, as the home or residence of one individual, family or household, for housekeeping purposes; and which has separate kitchen and bath facilities.
AS-OF-RIGHT PERMITTED LAND USE. Land uses and development standards which are determined in advance, and specifically authorized by this chapter.
AUTOMOBILE SERVICE STATION. For the purposes of this chapter, an automobile service station shall include a self-service station which is defined as that portion of property where flammable and combustible liquids used as motor fuels are stored and subsequently dispensed from fixed approved dispensing equipment into the fuel tanks of motor vehicles by persons other than the service station attendant, and which may include facilities available, for the sale of other retail parts. All automobile service stations, including self-service stations shall conform to the requirements of other applicable federal, state, and local laws. The term shall also include buildings and premises where gasoline, oil, grease, batteries, and tires and automobile accessories shall be supplied and dispensed and retailed and where, in addition, the following services may be rendered, and sales made, and no other:
(1) Sale and servicing of spark plugs, batteries and distributors and distributors parts;
(2) Tire servicing and repairs but not recapping or regrooving;
(3) The replacement of mufflers and tail pipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors, and the like;
(4) Radiator cleaning and flushing;
(5) Washing and polishing and sale of automotive washing and polishing materials;
(6) Greasing and lubrication;
(7) Providing and repairing fuel pumps, oil pumps and lines;
(8) Minor servicing/repair of carburetors;
(9) Emergency wiring repairs;
(10) Adjusting and repairing brakes;
(11) Minor motor adjustments, not involving removal of the head or crankcase or racing the motor;
(12) Sales of cold drinks, packaged food, tobacco and similar convenience goods for filling station customers, as accessory and incidental to principal operations;
(13) Provision of road maps and other information materials to customers, provision of restroom facilities.
(14) Uses permissible at a service station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other characteristics to an extent greater than normally found in service stations. A service station is not a repair garage nor a body shop.
BED AND BREAKFAST FACILITY. A use which provides short-term transient lodging, including serving only breakfast to overnight lodgers, for which rent is paid and subject to the conditions cited in § 157.178.
BEEKEEPING OPERATION (or APICULTURE). The maintenance of honey bee colonies, commonly in man-made hives, by humans. A beekeeper (or apiarist) keeps bees in order to collect their honey and other products that the hive produces (including beeswax, propolis, pollen, and royal jelly), to pollinate crops, or to produce bees for sale to other beekeepers.
BLOCK. A piece of land usually bounded on all sides by streets or other transportation routes such as railroad lines, or by physical barriers such as water bodies or public open spaces, and not traversed by a through street.
BLOCK FACE. A street segment, and the properties on both sides of the street segment, between two intersecting streets.
BOARD OF ZONING ADJUSTMENT. A local body, created by ordinance, whose responsibility is to hear appeals from decisions of the Zoning Administrator, and to consider requests for variances and conditional use permits permissible under terms of this chapter.
BOARDING HOUSE, ROOMING HOUSE. A dwelling (single family or multiple) or rooming house, where rooms are rented and meals are served for compensation to not less than three and not more than nine individuals.
BUILDABLE AREA. The space remaining on a zoning lot after the minimum open space requirements (yard, setback) have been met.
BUILDING. Any structure enclosed and isolated by exterior walls constructed or used for residence, business, industry, or other public or private purpose, or accessory thereto, and including trailers or mobile homes, and attached carports consisting of a roof and supporting members, and similar structures whether stationary or movable.
BUILDING HEIGHT. The vertical distance measured from the average elevation of the finished lot grade at the front building line to the highest point of the roof beams adjacent to the front of the wall in the case of a flat roof, to the deck line in the case of a mansard roof, or to the average height of the gables.
BUILDING SETBACK LINE. A line establishing the minimum allowable distance between the nearest portion of any building, and the nearest property line when measured perpendicularly thereto.
BUFFER. A strip of land, identified in this chapter, established to protect and separate one type of land use from another.
CANOPY, MARQUEE OR AWNING. Any roof-like structure extending from a building facade.
CERTIFICATE OF OCCUPANCY. Official certification that a premise conforms to provisions of this chapter and Chapter 150, Building Code, and may be used or occupied. Such a certificate is granted for new construction or for alteration or additions to existing structures, or when the nature of a land use changes. Unless such a certificate is validated, a structure cannot be occupied or used.
CITY, CITY ADMINISTRATION. Where provisions of this chapter require city administration approval, it shall mean the City Manager and/or employees designated by the City Manager to act upon such matter.
CLINIC, MEDICAL AND DENTAL. A building housing facilities for two or more licensed physicians, dentists, or other similar practitioners.
COMMON OPEN SPACE. An area of land or water, or a combination of both land and water within a site designated for development, and designed and intended for the use and enjoyment of residents of the development or for the general public; not including streets or off-street parking areas. COMMON OPEN SPACE shall be substantially free of structures, but may contain such improvements as are in the plan as finally approved and as appropriate for the benefit of the users.
CONDOMINIUM. A dwelling unit which the ownership or the occupancy rights to the dwelling unit is individually owned or for sale to any individual and such ownership is not inclusive of any land; and established in compliance with KRS Chapter 381.
CONDITIONAL USE. A use which is essential to or would promote the public health, safety, or welfare in one or more zones, but would impair the integrity and character of the zone in which it is located, or in adjoining zones, unless restrictions on location, size, extent, and character of performance are imposed in addition to those imposed in the zoning regulations.
CONVERSION. Changing the original purpose of a building or lot to a different use.
COVENANT. A private legal restriction on the use of land, contained in the deed to the property or otherwise formally recorded. There may be certain legal requirements for formal establishment of a covenant such as a written document, a mutual interest in the property, that the covenant be concerned with the use of the land rather than individual characteristics of ownership, and the like. This chapter does not regulate or enforce covenants.
DAY. Unless specifically mentioned otherwise in the text, day shall refer to calendar days, including weekends and holidays.
DAY CARE. Any child care arrangement under which a child less than 13 years of age receives care away from his own home by persons other than his parents, grandparents, guardians or full-time custodians.
DAY CARE CENTER/NURSERY. Any child care arrangement which provides day care on a regular basis for more than four hours per day, more than five children, wherever operated and whether or not operated for profit, except that the following are not included; public schools, nonpublic schools whether or not accredited, which regularly and exclusively provide a course of grade school instruction to children who are public school age; summer camps having children in full-time residence; summer day camps; and Bible schools normally conducted during vacation periods.
DEDICATION. The offer to transfer property from private to public ownership. Such transaction is not completed unless and until the appropriate public agency accepts the offer.
DENSITY. The average number of families, persons, or housing units per unit of land.
DWELLING, MULTI-FAMILY. A residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided, with separate bath and kitchen facilities for each unit; and further designated by the following sub-categories:
(1) Small scale: one structure per lot and no more than four units.
(2) Mid scale: one or more structure per lot and between five and eight units.
(3) Large scale: more than one structure per lot and/or more than eight units.
DWELLING, SINGLE-FAMILY. A detached residential dwelling unit other than a mobile home, designed for and occupied by one family only. It does not include fraternal or society type houses occupied by five or more unrelated adults.
DWELLING, TOWNHOUSE, ATTACHED. A single family dwelling unit erected in a row as part of a single building, on separate adjoining lots, each being separated from adjoining units by an approved fire resistant party wall. See § 157.039.
DWELLING, TWO-FAMILY, DUPLEX. A detached residential building containing two dwelling units, other than a mobile home, designed for occupancy by not more than two families, with separate bath and kitchen facilities for each unit.
DWELLING UNIT. One room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease, physically separated from other dwelling units which may be in the same structure, and containing independent cooking, bath, and sleeping facilities.
DWELLING, ZERO LOT LINE. A detached single family dwelling unit which is constructed against one side lot line. See § 157.040.
EASEMENT. A right given by the owner of land to another party for specific limited use of that land. For example, a property owner may give an easement on this property to allow utility facilities, like power lines or pipelines, to allow light to reach a neighbor's windows, or to allow access to another property.
EXPENDITURE. A sum of money paid out in return for some benefit or to fulfill some obligation. Whenever the term is used it includes binding, contractual commitments to make future expenditures, as well as any other substantial changes in position.
FAMILY. One or more persons living together as a single housekeeping unit. For the purposes of this chapter such persons may include gratuitous guests and domestic servants employed on the same premises. Four or fewer unrelated adults are considered a family.
FAMILY CARE HOME. A facility which provides resident care for four or fewer individuals of whom one or more are unrelated, who for various reasons cannot reside with their families or independently. Service and supervision are provided according to the individual needs. FAMILY CARE HOMES are considered single family dwellings, and are regulated as such.
FINDING. A determination or conclusion based on the evidence presented and prepared by a hearings body in support or its decision.
FLOOD HAZARD AREA. Land areas identified by the Federal Insurance Administration as having a 1% chance of flooding in any given year.
GAME ROOM. The commercial use of electronic/ mechanical games, bingo/card tables, and the like where three or more such games or tables are located on a premises. A lesser number at a commercial establishment shall be considered accessory to a permitted commercial use.
GARAGE, COMMERCIAL AND PUBLIC. A structure or land area where the principal use is for the storage of vehicles for compensation.
GARAGE, PRIVATE. A building or space used as an accessory to or a part of the main building permitted in any district that provides storage space for motor vehicles and in which no business, occupation or service for profit is in any way conducted, unless specifically allowed by this chapter.
GROSS FLOOR AREA. The total habitable or occupiable floor area enclosed within a building.
GROUP CARE HOME. A facility which provides resident care for five or more, but less than 21, children, adolescents, or adults who, for various reasons cannot reside with their families or independently. Adult supervised care is provided, as well as a program of service in a home setting. This category is limited to uses licensed or supervised by a federal, state, or county human services agency; and includes uses such as foster homes, half-way houses, resident schools, and battered spouse centers.
GUN RANGE, INDOOR. A fully enclosed building or part of a fully enclosed building designated and operated by a person for the shooting of firearms and not available for that use by the general public without payment of a fee, membership contribution, or dues, or by invitation of an authorized person. The building shall have safeguards in place to prevent any projectile from exiting the building and continued to be maintained as long as the building is utilized as an indoor gun range.
HOSPITALITY HOUSE. A facility which provides temporary sleeping and dining accommodations; operates completely on donations and gifts from guests and friends; does not exceed twenty-five (25) sleeping rooms; and is operated for the use of patients, relatives and supporting friends referred by a hospital for patients receiving treatment at a hospital in the city.
HOTEL, MOTEL. A building or group of buildings or other structure used, maintained, advertised as or held out to the public to be a place where sleeping accommodations are available for compensation to transient or permanent guests or tenants, and in which ten or more rooms are furnished for the accommodation of such guests. Such facilities may have one or more dining rooms or restaurants where meals are served to such transients or permanent guests. Sleeping accommodations and dining rooms or restaurants, if existing, shall be located in the same building or buildings in connection therewith. Gift shops, lounges, and personal services are often incidental accessories to hotels and motels.
HOUSEHOLD PETS. Animals normally and traditionally considered "pets". This classification does not include animals kept, raised, and bred for commercial purposes, except the incidental breeding and littering/whelping/birthing of such animals for fee or subsequent sale. This classification does not include animals normally and traditionally considered farm animals, such as horses, poultry, and bees; and does not include undomesticated animals.
INDIRECTLY ILLUMINATED. A structure illuminated by an external light directed primarily toward such structure. Such illumination shall be shielded that no direct rays from the light are visible elsewhere than on the lot where said illumination occurs.
INOPERATIVE VEHICLE. Any vehicle, designed to be self-propelled, which, by virtue of broken or missing component parts, is no longer capable of self-propulsion; and remaining in such condition for more than 30 days.
INTENSITY. The degree to which land is used. While frequently used synonymously with density, intensity has a somewhat broader meaning, referring to levels of concentration or activity in uses such as residential, commercial, industrial, recreation, or parking.
LANDSCAPING. Changing, rearranging, or adding to the original vegetation or scenery of a lot to produce an aesthetic effect appropriate for the use to which the land is put. It may include reshaping the land by moving the earth, as well as preserving the original vegetation or adding vegetation.
LOADING SPACE, OFF-STREET. Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.
LOT. Includes the words PLOT, PARCEL or TRACT.
LOT COVERAGE. A ratio, expressed in percent, of the area of a zoning lot occupied by principal and accessory structures/uses in relation to the total lot area.
LOT DEPTH. The distance between the front lot line and the rear lot line, measured from the midpoint of the front lot line to the midpoint of the rear lot line.
LOT FRONTAGE. The frontage, or front, of a lot is defined as the side abutting the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated by §§ 157.030 through 157.047.
LOT LINE, REAR. The rear lot line is that opposite to the front lot line. Where lot lines are irregular, the rear lot line shall be assumed to be a line not less than 20 feet long, lying within the lot and parallel to the front lot line at its midpoint.
LOT LINE, SIDE. The distance along a lot boundary which connects the front and rear lot lines.
LOT OF RECORD. A lot which is a part of a subdivision, a plat of which has been recorded in the office of the County Clerk of Boyd County, or a lot described by metes and bounds, the description of which has been so recorded.
LOT TYPES. The diagram (below) illustrates terminology used in this chapter with reference to corner lots, interior lots, double frontage lots and through lots; in the diagram a corner lot (A) is defined as a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135°. See lot marked (A-l) in the diagram. An interior lot (B) is defined as a lot other than a corner lot with only one frontage on a street. A through lot (C) is defined as a lot other than a corner lot with a frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots. A reversed frontage lot (D) is defined as a lot on which the frontage is at right angles or approximately right angles (interior angles less than 135° to the general pattern in the area.
A reversed frontage lot may also be a corner lot (A-D in the diagram), and interior lot (B-D) or a through lot (C-D).
This illustrates the basic types of lots.
A = Corner lot; B = Interior lot; C = Through (or double frontage) lot; D = Reversed frontage lot
LOT WIDTH. The distance between the side lot lines of a lot measured at right angles to the depth and at the required front yard setback line.
LOT, ZONING LOT. For the purposes of this chapter, a zoning lot is a parcel of land for use and development, of at least sufficient size to meet minimum zoning requirements for its use, coverage, and to provide such yards and other open spaces as are herein required. Such lots shall have frontage on an improved public street and may consist of:
(1) A single lot of record;
(2) A portion of a lot of record;
(3) A combination of complete lots or record, of complete lots of record and portions of lots of record, or of portions of lots of records;
(4) A parcel of land described by metes and bounds; provided that in no case of division or combination shall any lots be created which do not meet requirements of this chapter.
METES AND BOUNDS. A system of describing and identifying land by measures (metes) and direction (bounds) from an identifiable point of reference such as a monument or other marker.
MOBILE HOME, MANUFACTURED HOUSING UNIT. A movable or portable dwelling over 32 feet in length and over eight feet wide, constructed to be transported on its own chassis and designed without a permanent foundation, whether or not a permanent foundation is subsequently provided, which may include one or more components that can be retracted for transporting purposes and subsequently expanded for additional capacity, or two or more units separately transportable but designed to be joined into one integral unit.
MOBILE HOME PARK. A parcel or tract of land under single ownership which has been planned and improved for the placement of mobile homes for dwelling purposes.
MOBILE HOME SPACE. Shall mean a plot of ground, within a mobile home park, designed to accommodate one mobile home.
MOBILE HOME STAND. That part of an individual mobile home space reserved for the placement of the mobile home and additions to attachments thereto.
MODULAR HOME. A dwelling unit constructed with one or more modules which are prefabricated and hauled to the site that are capable of producing a dwelling which is indistinguishable from conventionally built homes and which meets the construction requirements of the Kentucky Building Code, as amended.
MOTEL. See definition of HOTEL .
NAMEPLATE. A nonelectrical sign identifying only the name, occupation and/or profession of the occupant of premises on which the sign is located. For residential structures, a nameplate may identify the name of the owner or occupant and/or property numbers. Maximum area of a nameplate shall not exceed two square feet per occupant. If a larger or more than one nameplate is necessary, the total square footage allowed shall not exceed eight square feet per building.
NONCONFORMING LOT. A lot existing at the effective date of this chapter or any amendment to this chapter (and not created for the purpose of evading the restrictions of this chapter) that cannot meet the minimum area or lot width requirements of the district in which the lot is located.
NONCONFORMING PROJECT. Any structure, development, or undertaking that is incomplete at the effective date of this chapter, or amendment thereto, and would be inconsistent with any applicable new regulations of the district in which it is located if completed as proposed or planned.
NONCONFORMING SIGN. Any sign not in compliance with the provisions of this chapter as of the effective date of its adoption, or amendment thereto, or any sign erected after the effective date of this chapter, or amendment thereto, which does not comply with all of its provisions.
NONCONFORMING SITUATION. A situation that occurs when, on the effective date of this chapter or any amendment to thereto, an existing lot or structure or use of an existing lot or structure does not conform to one or more of the regulations applicable to the district in which the lot or structure is located. Among other possibilities, a nonconforming situation may arise because a lot does not meet minimum area requirements, because structures do not satisfy maximum height or minimum floor-space limitation, because the relationship between existing buildings and the land (in such matters as density and setback requirements) is not in conformity with the ordinance, or because land or buildings are used for purposes made unlawful by the ordinance.
NONCONFORMING STRUCTURE. A building or structure which is being used for a conforming use, but which does not meet the requirements of this chapter or amendment thereto.
NONCONFORMING USE. A nonconforming situation that occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located. The term also refers to the activities that constitute the use made of the property.
NURSING, CONVALESCENT HOME. An institution, which is advertised, announced, or maintained for the express or implied purpose of providing nursing or convalescent care for persons unrelated to the license. A nursing home is a home for chronic or convalescent patients who, on admission are (not as a rule) acutely ill and who do not usually require special facilities, such as an operating room, X-ray facilities, laboratory facilities, or obstetrical facilities. A nursing home provides care for persons who have remedial ailments or other ailments, for which continuing medical and skilled nursing care is indicated; who, however, are not ailing enough to require general hospital care. Nursing care is their primary need, but they will require continuing medical supervision. A major factor which distinguishes nursing homes is that the residents will require the individualization of continued and routine medical care.
NUISANCE. Anything that interferes with the use or enjoyment of property, endangers personal health or safety, or is offensive to the senses.
ORDINANCE. This chapter, including any amendments, unless otherwise indicated. Whenever the effective date of this chapter is referred to, the reference includes the effective date of any amendment to it.
OUTDOOR ADVERTISING STRUCTURE. Any sign or billboard which directs attention to a business, commodity, service, or entertainment not conducted, sold, or offered on the premises where the sign is located.
OUTDOOR (OUTSIDE) STORAGE. The placement of any item outside of an enclosed building for a period of more than 48 hours shall be considered outdoor storage. In the instance of vehicles, outdoor storage shall in addition mean the routine and reoccurring (more than twice a week) parking of such vehicle for more than six hours at a time.
OWNER. Any person, firm or corporation, lessee, receiver, trustee, guardian, or personal representative, holding legal title or right to occupy or carry on business in a structure or any facility. Where there is more than one owner, as defined, their duties and obligations under this chapter are joint, and several.
PARCEL. A lot, or contiguous group of lots in single ownership or under single control, and usually considered a unit for purposes of development.
PARKING SPACE, OFF-STREET. For the purposes of this chapter, an off-street parking space shall consist of a space adequate for parking an automobile for the public right-of-way with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room.
PAVING. The installation of an all- weather hard surface material that must be asphalt or concrete. Gravel or stone of any type is NOT permitted as a final surface material.
PERMITTED USE. A use by right which is specifically authorized in a particular zoning district. It is contrasted with a conditional use which is authorized only if certain requirements are met and after review and approval by the Board of Zoning Adjustment or other public body.
PERSON. Includes a firm, association, organization, partnership, corporation, trust and company, as well as an individual.
PERSONAL SERVICE. A land use activity where, for compensation, a customer receives services of a personal, as opposed to a professional, or retail nature. PERSONAL SERVICE is distinguished by the customer obtaining a household or bodily service; and such activities include, among others: barber, cosmetologist, manicurist, hairdresser, individual tailoring, and tanning salon.
PLANNED UNIT DEVELOPMENT (PUD). A form of development usually characterized by a unified site design for a number of housing units, clustering buildings; and providing common open space, density increases, and a mix of building types and land uses. It permits the planning of a project and the calculation of densities over the entire development, rather than on an individual lot-by-lot basis.
PLANNING COMMISSION. The public agency established by city ordinance to prepare a comprehensive plan and to evaluate proposed changes in land use, either by public or private developers, for conformance with the plan. The PLANNING COMMISSION hears, deliberates, and make recommendations to City Commission on all zoning ordinance and map amendments.
PLAT. A map showing the location, boundaries, and ownership of individual properties.
PLOT. A term referring to a piece of usable property, often used synonymously with parcel or lot.
PREMISES. A single piece of property as conveyed in a deed, or a lot or a number of adjacent lots on which is situated a land use, a building, or group of buildings designed as a unit, or on which a building or a group of buildings are to be constructed.
PRINCIPAL STRUCTURE OR BUILDING. A structure or building containing the principal use of the lot.
PRINCIPAL USE. The primary purpose or function that a lot serves or is intended to serve.
PRIVATE DRIVE, ROAD, OR STREET. Any road or street, within a mobile home park, large scale multi-family housing project, shopping center, industrial park or planned unit development which is not publicly maintained and is used for access by the occupants of the development, their guests and the general public.
PROFESSIONAL SERVICE. A land use activity where, for compensation, a customer receives the services of a “professional”, as opposed to a personal or retail, nature. PROFESSIONAL SERVICE is distinguished by the long and intensive academic preparation of the provider.
PUBLIC SEWER. A sewage system which is owned by the city, by any other unit of government or authority, or by a private corporation, person or association, and which is designed to serve uses locating along existing lines or within the service area of the system, should additional collection lines be constructed.
PUBLIC WATER SUPPLY SYSTEM. Any approved system furnishing potable (drinkable) water for ten or more residences or businesses or a combination of residences and businesses.
RESTAURANT. Any establishment whose principal business is the sale of foods, frozen desserts, and/or beverages to the customer in a ready-to-come state, and whose design or principal method of operation includes one or both of the following characteristics:
(1) Customers, normally provided with an individual menu, are served their foods or frozen desserts by a restaurant employee at the same table or counter at which said item are consumed.
(2) A cafeteria-type operation where food or frozen desserts generally are consumed within the restaurant building.
RESTAURANT, DRIVE-IN. An eating establishment whose business is the sale of foods, frozen desserts and/or beverages and where a customer is permitted or encouraged, whether by the design of the facilities or by service and/or packaging procedures, to consume such products either off the premises or in the off-street parking or service area accessory to the establishment. A drive-in establishment shall also include any establishment furnishing vehicular attendant service within the meaning of this definition regardless of any accommodation provided in the enclosed interior of the business.
RESTRICTED USE CLASSIFICATION. Language in KRS Chapter 100, § 253, referring to nonconforming uses.
RETAIL. The business of selling personal property directly to the ultimate consumer for any purpose other than resale.
RETIREMENT HOME, CONGREGATE LIVING CENTER. A multi-family residential complex with individual apartments, which offers both independent and assisted independent living quarters for the elderly. This classification differs from a nursing home in the fact that it has individual apartments, even though common kitchen, dining, and recreation areas may be available. Nursing care may be available under this classification, on a limited and emergency-rather than routine-basis.
REZONING. An amendment to or a change in this chapter. Rezonings can take on three forms as follows:
(1) A comprehensive revision or modification of the zoning text and map;
(2) A text change in zone requirements; and
(3) A change in the map; such as, the zoning designation of a particular parcel or parcels.
ROOMING HOUSE. A building or portion thereof which contains rooms designed or intended to be used for residential occupancy by not less than three nor more than nine individuals for compensation.
SETBACK. See YARD.
SHOPPING CENTER. A group of commercial establishments, planned, developed, and managed as a unit and related in location, size, and type of shops to the needs or the trade area that the unit services. Individual businesses within a shopping center may be serviced by private drives when approved by the city.
SIGN. Any structure or device, or part thereof, painted on, or represented on a building or other structure, upon which is displayed or included any letter, figure, design, symbol, trademark, decoration, devices, or representations used as, or which is in the nature of, any announcement, direction, advertisement, or any other attention directing device.
SIGN, CANOPY, MARQUEE, OR AWNING. A sign other than a projecting sign designated on, or suspended under, a canopy, marquee, or awning and identifying the name or address of a building or an establishment contained therein.
SIGN, FREESTANDING. A sign erected which is wholly independent of any building for support. All such signs shall be permanently affixed to or constructed upon the lot where they are located.
SIGN HEIGHT. The height of a sign structure as measured from the street grade which a zoning lot fronts upon or from the ground level where a sign support is located (whichever is greater) to the uppermost portion of the sign structure, including any embellishment thereto.
SIGN, INDIRECTLY ILLUMINATED. A sign illuminated by an external light directed primarily toward such sign and so shielded that no direct rays from the light are visible elsewhere than on the lot where said illumination occurs.
SIGN, NUMBER AND SURFACE AREA.
(1) For the purpose of determining the NUMBER of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, or where there is reasonable doubt about the relationship of elements, each shall be considered to be a single sign.
(2) The SURFACE AREA of a sign shall be computed as including the entire area within a regular geometric form or combination of regular geometric forms comprising all of the display area of the sign and including all of the elements of the matter displayed. Architectural trim and structure members not bearing advertising matter shall not be included in computation of SURFACE AREA.
(3) Freestanding, suspended, and projecting signs shall be computed on the basis of one surface only, provided the opposite surface identical in size and shape, not necessarily in copy or advertisement less than 90 degrees V-shaped or back-to-back.
(4) The allowable SIGN AREA computed by applying the square feet/linear feet multiplier shall cover all regulated signs on the building or structure.
SIGN, MOBILE. A temporary sign having the capability of being readily transported from one site to another.
SIGN, OFFICIAL, PUBLIC. Any sign, symbol, or device erected and maintained by a public agency for the purpose of informing or guiding the public.
SIGN, OUTDOOR ADVERTISING, BILLBOARD. Any sign which directs attention to a business, commodity, service, or entertainment not conducted, sold or offered on the premises where the sign is located.
SIGN, PROJECTING. A sign other than a wall sign which is attached to and projects more than twelve (12) inches from a building face or wall.
SIGN, ROOF. A sign erected upon, against, or directly above a roof which extends above the ridge; or extends above the parapet of a building.
SIGN, WALL, FLAT-MOUNTED. Any sign attached to, or erected against the wall, parapet of a building or structure, or which is an integral part of the building or structure. No such sign shall project more than one foot from the building, and not above any portion of the roof line. The maximum one foot projection may be within a public right-of-way.
STREET. A dedicated and accepted public right-of-way for vehicular traffic and pedestrian circulation. The following classification shall apply:
(1) MAJOR THOROUGHFARE (ARTERIAL). A traffic artery designed primarily to carry heavy volumes of through vehicular traffic as shown on the major street plan.
(2) MINOR THOROUGHFARE (ARTERIAL). A street designed to carry high volumes of vehicular traffic as shown on the major street plan.
(3) COLLECTOR STREET. A street designed to carry medium volumes of vehicular traffic, provide access to the major street system and collect the vehicular traffic from the intersecting minor streets.
(4) LOCAL STREET. A street designed primarily to provide vehicular access to properties abutting it.
(5) CUL-DE-SACS. A street intersecting another street at one end and permanently terminated by a vehicular turn-around at the other.
(6) MARGINAL ACCESS STREET. A local or minor service street which parallels and is immediately adjacent to a major street or highway, and which provides access to abutting properties and protection from through traffic and control of intersections with major traffic streets.
STREET LINE. The right-of-way line of a street.
STRUCTURE. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground; may be permanent or temporary. STRUCTURE includes the word BUILDING.
SUBDIVISION. The division of a parcel of land into two or more lots or parcels; for the purpose, whether immediate or future, of sale, lease, or building development, or if a new street is involved, any division of a parcel of land; provided that a division of land for agricultural use and not involving a new street shall not be deemed a subdivision. The term includes re-subdivision and when appropriate to the context, shall relate to the process of subdivision or to the land subdivided; any division or redivision of land into parcels of less than one acre occurring within 12 months following a division of the same land shall be deemed a subdivision within the meaning of this definition.
TOURIST HOME. See ROOMING HOUSE.
USE. The purpose or activity for which a piece of land or its buildings is designed, arranged, or intended, or for which it is occupied or maintained.
USED or OCCUPIED. Includes the words INTENDED, DESIGNED, DESIGNATED, or ARRANGED TO BE USED OR OCCUPIED.
VARIANCE. A variance is a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property, and not the result of the action of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. As used in this chapter, a variance is authorized only for height, area, and size of a structure, or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or use in an adjoining zoning district.
WAREHOUSING, WAREHOUSE. The storage of goods of any type without retailing on a lot or within a structure; the structure and facilities for such use.
WHOLESALING. The selling of goods or merchandise to retailers or jobbers for resale to the ultimate consumer.
YARD, FRONT AND DEPTH. A yard extending across the front of a lot which is bounded by the front lot line, the two side lot lines, and a line extending along the yard setback permitted on the lot. Depth of the required front yards shall be measured along a line or lines drawn perpendicular to the front lot line.
YARD, REAR, and DEPTH. A yard extending across the rear of the lot between inner side yard lines and the rear property line. Depth of required rear yards shall be measured along a line or lines drawn perpendicular to the rear lot line.
YARD, SIDE, and WIDTH. A yard extending from the rear line of the required front yard to the rear property line and being parallel to the side lot lines. Width of required side yards shall be measured along a line drawn perpendicular to the side lot line on the side of the lot in question, from the front yard setback line to the rear yard setback line.
ZONING. A police power measure, enacted primarily by general purpose units of local government, in which the community is divided into districts or zones within which permitted and special uses are established; as are regulations governing lot size, building bulk, placement, and other development standards. Requirements vary from district to district, but they must be uniform within districts. The zoning ordinance consists of two parts: a text and a map.
ZONING ADMINISTRATOR. The person or persons employed by the city to enforce this chapter.
ZONING DISTRICT. An area of the city designated in this chapter and delineated on the zoning map, in which requirements for the use of land and building and development standards are prescribed. Within each district, all requirements are uniform.
ZONING LOT. See LOT.
ZONING MAP. The map delineating the boundaries of districts which, along with the zoning text, comprises the zoning ordinance. The Official Zoning Map is on file in the office of the City Clerk.
(Ord. 101-1986, passed 10-7-86; Am. Ord. 71-1988, passed 7-19-1988; Am. Ord. 56-1998, passed 6-18-98; Am. Ord. 22-2001, passed 2-15-01; Am. Ord. 158-2009, passed 11-19-09; Am. Ord. 21-2012, passed 2-16-12; Am. Ord. 45-2013, passed 5-16-13; Am. Ord. 77-2016, passed 6-23-16; Am. Ord. 100-2017, passed 10-12-17; Am. Ord. 39-2018, passed 3-8-18)