§ 154.005 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the contest clearly indicates or requires a different meaning.

   ACCESS STRIP. A narrow strip of deeded land providing unobstructed access to a flag lot from a public street frontage .

   ACCESSORY BUILDING OR USE, CUSTOMARY. One which:

      (1)   Is subordinate to and serves the principal building or principal use;

      (2)   Is subordinate in area, extent, or purpose, to the principal building or principal use served;

      (3)   Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served; and

      (4)   Is located on the same lot as the principal building or principal use served, with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same lot with the building or use served.

   AGRICULTURE. The use of land for agricultural purposes, including agriculture, dairying, farming, floriculture, horticulture, pasturage, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory use shall be secondary to that of the normal agricultural activities.

   AGRITOURISM. Seasonal agricultural related tourism held on a working farm.

   AIR RIGHTS. The ownership or control of that area of space at and above a horizontal plane over the ground surface of land. This horizontal plane shall be at a height above the existing or proposed development (depending on the individual property in question) which is reasonably necessary or legally required for the full and free use of the ground surface.

   ALLEY. Public right-of-way which normally affords a secondary means of access to abutting property.

   ANTENNAS or RELATED EQUIPMENT. Transmitting, receiving, or other equipment used to support cellular telecommunications service or personal communications service. This definition does not include towers.

   APARTMENT. A portion of a building consisting of a room or suite of rooms intended, designed, or used as a permanent residence by an individual or one family .

   APARTMENT HOUSE. See DWELLINGS, MULTI-FAMILY.

   AUTOMOBILE AND TRAILER SALES AREA. Any area used for the display, sale, or rental of new or used automobiles or trailers and where only minor incidental repair of such automobiles or trailers may take place.

   AUTOMOBILE LAUNDRY. A building or portion thereof, containing facilities for washing more than two automobiles, using production line methods. The use of personnel for one or more phases of this operation in conjunction with or without complete automatic or mechanical devices does not alter its classification. For the purpose of this chapter coin- operated devices, of the above nature, which are operated on a self-service basis shall be construed to be the same.

   BASEMENT. That portion of a building between floor and ceiling, which is so located that the vertical distance from the average level of the adjoining grade to the floor below is less than the vertical distance from the average level of the adjoining grade to the ceiling.

   BED AND BREAKFAST ESTABLISHMENT. An owner occupied dwelling unit where short term lodging rooms and meals are provided for compensation on a small scale, typically in an agricultural or small community setting. A bed and breakfast inn shall be limited to maximum of eight guest rooms or suites on the premises.

   BOARD OF ADJUSTMENTS. Board of Adjustments of the county.

   BOARDING HOUSE. A residential building other than a hotel, motel , or tourist cabin where lodging and meals for four or more persons are served for compensation, and by prearrangement for definite periods.

   BORROW PIT. Any place or premises where dirt, soil, sand, gravel, or other material is removed by excavation or otherwise, below the grade of surrounding land, for any purpose other than mining operations such as gold, silver, coal, and the like, and that necessary and incidental to grading or to building construction on the premises.

   BUFFER AREA. Area so planned and/or zoned which acts as a buffering or separation area between two or more uses or structures not compatible, due to design, function, use, or operation.

   BUILDING. A structure enclosed within exterior walls or firewalls for the shelter, housing support, or enclosure of persons , animals, or property of any kind.

   BUILDING, ALTERATION OF. Any change or rearrangement in the supporting members (such as bearing walls, beams, columns, or girders) of a building , or any addition to a building , or movement of a building from one location to another.

   BUILDING, COMPLETELY ENCLOSED. A building separated on all sides from the adjacent open space, or from other buildings or other structures , by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.

   BUILDING, DETACHED. A building surrounded by open space on the same lot or tract of land.

   BUILDING, HEIGHT OF. The vertical distance measured from average elevation of the finished grade adjoining the building at the front building line to the highest point of the roof surfaces, if a flat roof; to the deck line of a mansard roof; and to the average height level between eaves and ridge for gable, hip, and gambrel roofs.

   BUILDING, PRINCIPAL. The building on a lot used to accommodate the primary use to which the premises are devoted.

   BUILDING AREA or LOT COVERAGE BY BUILDING. That portion of a lot or building site that can be legally occupied by the ground floor of the principal building or use and all permitted accessory uses .

   BUILDING INSPECTOR. The official hired by the county to administer and enforce the building codes and working for the Planning and Zoning Commission .

   BUILDING LINE. A line defining the minimum front, side, and rear yard requirements.

   BUILDING PERMIT. A permit issued by the county's planning and zoning office authorizing the construction or alteration of a specific building , structure , sign , or fence upon receipt of a deed, plat, and set of plans, and at the owner's request.

   BUILDING SITE. One contiguous piece of land that meets all of the provisions of the county's ordinances, regulations, and codes for building on said site.

   CAMPING/VACATION MOBILE UNIT. Any coach, camper trailer, tent , house car, or other vehicle or structure intended for, designed for, and use for temporary human habitation or sleeping purposes, mounted upon wheels or supports, or supported, and/or capable of being moved by its own power or transported by another vehicle. Trailers must be under 26 feet in length, per KRS 186.650.

   CANOPY (MARQUEE). A roof-like structure , open on three sides serving the purpose of protecting pedestrians from rain, snow, sun, or hail, which structure projects from a building .

   CARPORT. See GARAGE, PRIVATE.

   CELLAR. That portion of a building between floor and ceiling which is wholly or partly below the average level of the adjoining grade and so located that the vertical distance from the average level of the adjoining grade to the floor below is equal to or greater than the vertical distance from the average level of the adjoining grade to the ceiling.

   CELLULAR ANTENNA TOWER. A tower constructed for, or an existing facility that has been adapted for, the location of transmission or related equipment to be used in the provision of cellular telecommunications services or personal communications services.

   CELLULAR TELECOMMUNICATIONS SERVICE. A retail telecommunications service that uses radio signals transmitted through cell sites and mobile switching stations.

   CHILD DAY CARE CENTER. See NURSERY SCHOOL.

   CITIZEN MEMBER. Any member of the Planning and Zoning Commission or Board of Adjustments who is not an elected official of the county.

   CLINIC, ANIMAL.  A building used by medical persons for the treatment of animals on an out-patient basis only, without animal runs.

   CLINIC, HUMAN CARE. A building used by medical persons for the treatment of persons on an out-patient basis only.

   CLUB. An association of persons for some common objective usually jointly supported and meeting periodically.

   CO-LOCATION. Locating two or more transmission antennas or related equipment on the same cellular antenna tower .

   COMMISSION, PLANNING COMMISSION, or PLANNING AND ZONING COMMISSION. The Campbell County Planning and Zoning Commission, Campbell County, State of Kentucky.

   COMPREHENSIVE (MASTER) PLAN. A guide for public and private actions and decisions to assure the development of public and private property in the most appropriate relationships for future control and advisement. It shall contain, as a minimum, the following elements:

      (1)   A statement of goals and objectives, principles, policies, and standards;

      (2)   A land use plan element;

      (3)   A transportation plan element;

      (4)   A community facilities plan element;

      (5)   May include any additional elements such as, without being limited to, community renewal, housing, flood control, pollution, conservation, natural resources, and others.

   CONCEALED LIGHTING. An artificial light source intended to illuminate the face of a sign , the direct source of which is shielded from public view and surrounding properties.

   CONDITIONAL USE. A use which is essential to or would promote the public health, safety, or welfare in one or more zones , but which would impair the integrity and character of the zone in which it is located, or in adjoining zones , unless restrictions on locations, size, extent and character of performance are imposed in addition to those imposed within this chapter. They shall be approved by the Board of Adjustments .

   CONDITIONAL USE PERMIT. Legal authorization to undertake a conditional use , issued by the Zoning Administrator , pursuant to authorization by the Board of Adjustments , consisting of two parts:

      (1)   A statement of the factual determination by the Board of Adjustments which justifies the issuance of the permit; and

      (2)   A statement of the specific conditions which must be met in order for the use to be permitted.

   CONFORMING USE. Any lawful use of a building , structure , lot , sign , or fence which complies with the provisions of this chapter.

   CURB CUT. Any interruption, or break in the line of a street curb or road edging in order to connect a driveway to a street, or otherwise to provide vehicular access to abutting property. In the case of streets without curbs, CURB CUTS shall represent construction of access drives which intersect the street.

   CURB LEVEL. The level of the established curb in front of the building measured at the center of such front. Where no curb has been established, the County Engineer shall authorize and approve the establishment of such CURB LEVEL or its equivalent for the purpose of this chapter.

   DECIBEL. A unit of measurement of the intensity (loudness) of sound. Sound level meter which are employed to measure the intensity of sound are calibrated in DECIBELS.

   DISTRICT. Synonymous with ZONE.

   DORMITORY. A residence providing residences for individuals or groups of whom are exclusively associated with an institution for higher education.

   DWELLING. Any building which is completely intended for, designed for, and used for residential purposes, but for the purposes of this chapter shall not include a hotel-motel , hotel, motel , nursing home , tourist cabins, college, or university dormitories , or military barracks.

   DWELLING, ATTACHED, SINGLE-FAMILY. A dwelling unit which is attached to one or more dwelling units , each of which has independent access to the outside of the building to ground level and which has not less than two exterior walls fully exposed and not in common with the exterior walls of any other unit.

   DWELLING, DETACHED, SINGLE-FAMILY. A dwelling standing by itself and containing only one dwelling unit , separate from other dwellings by open space, but shall not include mobile homes .

   DWELLING, GROUP HOUSE. A building that has not less than three one- family housekeeping units erected in a row as a single building on one lot or on adjoining lots , each being separated from the adjoining unit or units by an approved masonry party wall or walls extending from the basement or cellar floor to the roof along the dividing lot line, and each such building being completely separated from any other building by space on all sides and such space shall be at least the required minimum yard setbacks as so specified in this chapter.

   DWELLING, MULTI-FAMILY. A residential building having three or more dwelling units , as separate housekeeping units. This type of dwelling shall be inclusive of apartment  buildings and group house dwellings .

   DWELLING, TRAILER. See MOBILE HOME.

   DWELLING, TWO-FAMILY. A residential building designed, arranged, or used exclusively by two families, living independently of each other.

   DWELLING UNIT. A building or portion thereof providing complete housekeeping facilities for one household.

   DWELLING UNIT, ACCESSORY (ADU). A detached accessory residential dwelling unit that provides independent living facilities from a primary dwelling unit but resides on the same parcel as the primary dwelling unit .

   EASEMENT. A right, distinct from the ownership of the land, to cross property with facilities such as, but not limited to, sewer lines, water lines, and transmission lines, or the right, distinct from the ownership of the land, to reserve and hold an area for drainage or access purposes.

   EATING ESTABLISHMENTS and RESTAURANTS. An establishment selling food items ordered from a menu and prepared on the premises for immediate consumption.

      (1)   CARRY-OUT. A fast service restaurant which does not have sit down eating arrangements and consumption of food on the premises is discouraged.

      (2)   COMBINATION. A restaurant which provides any combination of sit down , carry-out , and/or drive-in services.

      (3)   DRIVE IN. A restaurant where consumption of food on the premises is encouraged (in car), and where food is provided by car-hop or self-service.

      (4)   SIT-DOWN RESTAURANTS. Those restaurants which provide seating arrangements.

   ELECTRO-MECHANICAL GAMES CENTER. A business that provides electro-mechanical pinball machines and video game specifically designed, constructed, set up, and kept to be played for amusement only.

   ESSENTIAL SERVICES. The erection, construction, alteration, or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems; including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarms boxes, traffic signals, hydrants, and other similar equipment and accessories reasonably necessary for furnishing adequate service or for the public health, safety, or general welfare.

   FAMILY. An individual or two or more persons related by blood or marriage, or group of not more than three persons (excluding servants) who need not be related by blood or marriage, living together in a single housekeeping unit as their common home for the time, as distinguished from a group occupying a boarding house , lodging house, hotel, club , fraternity house, or sorority house .

   FENCE. A structure made of wire, wood, metal, masonry or other material, including hedges.

   FILLING STATION. See SERVICE STATION.

   FLAG STEM. See ACCESS STRIP.

   FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from: the overflow of inland waters; the unusual and rapid accumulation of runoff of surface waters from any source; and mudslides (for example, mudflows) which are proximately caused or precipitated by accumulation of water on or under the ground.

   FLOOD - 100 YEAR FREQUENCY. The highest level of flooding that, on the average, is likely to occur once every 100 years, not including the 1937 flood which is in the 400-year frequency.

   FLOOD PLAIN or FLOOD PRONE AREA. Any normally dry land area that is susceptible to being inundated by water from any flooding source.

   FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation more than one foot at any point.

   FLOODWAY ENCROACHMENT LINES. The lines marking the limits of floodway on the official zoning map.

   FLOOR AREA, GROSS.

      (1)   The sum of the gross horizontal area of the several floors of a dwelling unit or units measured from the exterior faces of the exterior walls or from the centerline of walls or partitions separating dwelling units .

      (2)   For uses other than residential, the GROSS FLOOR AREA shall be measured from the exterior faces of the exterior walls or from the centerlines of walls or partitions separating such uses and shall include all floors, lofts, balconies, mezzanines, cellars , basements, and similar areas devoted to such uses.

      (3)   The GROSS FLOOR AREA shall include floors used for parking space which such pertains to a residential, commercial, or office used in the same structure .

   FRATERNITY or SORORITY. A club or social activity officially associated with and recognized and supervised by a state or national institution.

   FRATERNITY/SORORITY HOUSE. A building used by a fraternity or sorority to provide living quarters for some or all members as well as to provide study, meeting, recreational, and other facilities.

   FREQUENCY. The number of oscillations per second in a sound wave. This is an index of the pitch of the resulting sound.

   FRONTAGE. All the property abutting on one side of the right-or-way of a street, measured along the right-of-way line of the street between the intersecting lot lines. In no case shall the line along an alley be considered as acceptable for frontage.

   FUNERAL HOME. An establishment engaged in undertaking services such as preparing the dead for burial, and arranging and managing funerals.

   GARAGE, PRIVATE. A building used primarily for the storage of vehicles and clearly accessory to the principal use permitted.

   GARAGE, PUBLIC. A building or portion thereof designed, intended, and used exclusively for the care, repair, or equipment of self-propelled motor vehicles or other vehicles. This definition shall not include private garage .

   HOME OCCUPATION. An accessory use customarily conducted entirely within a dwelling , as permitted herein and further meeting all the requirements of this chapter.

   HOSPITAL, ANIMAL. A building used by medical persons for treatment of animals generally on an in-patient basis and may have outside runs.

   HOSPITAL, HUMAN CARE. A building used by medical persons for treatment of animals generally on an in-patient basis.

   HOTEL-MOTEL. A building or buildings to be used for the temporary abiding place for travelers and transient guests.

   HOUSE TRAILER. See MOBILE HOME.

   INDUSTRIALIZED BUILDING SYSTEM or BUILDING SYSTEM. As defined in KRS 198B.010 and shall apply to buildings of any size or use, all or any component parts of which are of closed construction made from precast concrete panels or precut wood sections fabricated to individual specifications in an off-site manufacturing facility and assembled in accordance with manufacturer's instructions.

   JUNK YARD. An open area where any waste, used or second hand materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles. A JUNK YARD includes an auto wrecking yard or the storage or keeping of five or more inoperative motor vehicles unless where otherwise specifically permitted but does not include areas established entirely within enclosed buildings , owner must be holder of a state license per KRS 177.905.

   KENNEL. An area specifically used for the raising, boarding, or harboring of small domestic animals.

   LABORATORY, MEDICAL OR DENTAL. A building or a portion of a building used for providing bacteriological, biological, medical, x-ray, pathological, and similar analytical or diagnostic services to doctors or dentists.

   LAUNDROMAT. A business that provides washing, drying and/or ironing machines for hire to be used by customers on the premises.

   LEASABLE AREA, GROSS. The total floor area designed for tenant occupancy and exclusive use, including basement , mezzanines, and upper floors, if any, expressed in square feet and measured from the centerline of joint partitions and from outside wall faces.

   LIVESTOCK.  Domestic animals of types customarily raised or kept on farms for profit or other productive purposes.

   LOADING AND/OR UNLOADING SPACE. A space used for the temporary standing, loading and/or unloading or vehicles.

   LOT. A parcel of land or any combination of several lots of record , occupied or intended to be occupied by a principal building or a building group, as permitted herein, together with their accessory buildings or uses and such access yards and open spaces required under this chapter.

   LOT, CORNER. A lot situated at the intersection of two streets or on a curved street on which the interior angle of such intersection or curved street does not exceed 135 degrees.

   LOT, DEPTH OF. The distance measured in the main direction of the side lot lines form the midpoint of the front lot lines to the midpoint of the rear lot lines .

   LOT, DOUBLE FRONTAGE. A lot other than a corner lot with only one frontage on a deeded and occupied public right-of-way.

   LOT, FLAG. An irregularly shaped lot where access is provided from a public street frontage through a narrow (i.e., less than the required lot line frontage ) unobstructed access strip (or "panhandle") which is part of the building lot . The building site within a FLAG LOT does not immediately abut a public street, but is located at the terminus of the access strip described herein. The access strip shall not be used in computing lot size for zoning and building purposes.

   LOT, INTERIOR. A lot other than a corner lot that has frontage on more than one street.

   LOT AREA. The total area of a horizontal plane bounded by the front, side, and rear lot lines , but not including any area occupied by rights-of-way, the waters of any lake or river, and shall be in one zone only.

   LOT LINE, FRONT. The common boundary line of a lot and a street right-of-way line. In the case of a corner lot or a double frontage lot , the common boundary line and that street right-of-way line toward which the principal or usual entrance to the main building faces.

   LOT LINE, REAR. The boundary line of a lot which is most nearly opposite the front lot line of such lot . In the case of triangular or wedge shaped lot , for measurement purposes only, a line ten feet in length within the lot parallel to and at the maximum distance from the front lot line . In the case of a corner lot , providing that all requirements for yard space are complied with, the owner may choose either side not abutting a street as the rear lot line , even though it is not opposite the front lot lines . Once the choice has been made, it cannot be changed unless all requirements for yard space can be complied with.

   LOT LINE, SIDE. Any boundary line of a lot , other than a front lot line or rear lot line .

   LOT OF RECORD. A designated fractional part or subdivision of a block, according to a specific recorded plat of survey, the map of which has been officially accepted and recorded in the office of the appropriate county clerk.

   LOT WIDTH. The width of the lot as measured along the front setback line.

   MARINA. A facility designed and used for storing, fueling, berthing, and launching of watercraft.

   MEZZANINE. An intermediate or fractional story between the floor and ceiling of a main story , used for a purpose accessory to the principal use. A mezzanine is usually just above the ground floor and extending over only part of the main floor.

   MINIMUM BUILDING SETBACK LINE. A line parallel to the front, side, and/or rear lot line and set back from the lot line a distance to provide the required minimum yard space, as specified in this chapter.

   MINIMUM FRONT YARD DEPTH. The minimum distance required by this chapter to be maintained within the lot between a line parallel to the street right-of-way line and the front lot line as defined herein. For flag lots, the MINIMUM FRONT YARD DEPTH is measured between the front of the structure and the closest adjacent property line generally parallel with the street.

   MINIMUM REAR YARD DEPTH. The minimum distance required by this chapter to be maintained within the lot between a line parallel to the rear lot line , as defined herein, and the rear lot line .

   MINIMUM SIDE YARD WIDTH. The minimum distance required by this chapter to be maintained within the lot between a line parallel to the side lot line , as defined herein, and the side lot line .

   MOBILE HOME. Any trailer, mobile home, or other mobile structure in a single unit which is intended, designed, and used for the fixed residence of a person , family , or a household, mounted upon wheels or supports, or supported and/or capable of being moved or transported by another vehicle. For the purpose of this chapter, the removal of wheels and/or the attachment of a foundation to said mobile structure shall not change its classification. Double width mobile structures , which are fabricated on individual chassis with wheels and are designed to be joined shall be considered a mobile home for purposes of this chapter.

   MOBILE HOME PARK. Any lot , parcel, or two premises, subdivided, designed, maintained, intended and/or used to accommodate more mobile homes , and meets the requirements as specified in this chapter. For the purpose of this chapter, any lot or premises used for the wholesale or retail sale of mobile homes shall not be included within this definition.

   MODULAR HOME. An industrialized building system , which is designed to be used as a residence and which is not a manufactured or mobile home .

   MODULAR HOUSING. Housing manufactured off-site, often mass-produced, and designed so that sections are interchangeable. For purposes of this chapter, this definition shall not include mobile homes .

   NKAPC. Northern Kentucky Area Planning Commission.

   NONCONFORMING LOT. A lot which was lawfully created but which does not conform to the minimum area or dimensional requirements specified for the zone in which it is located.

   NONCONFORMING USE OR STRUCTURE. An activity or a building , sign , fence , structure , or a portion thereof, which lawfully existed before the adoption or amendment of this chapter, but which does not conform to all of the regulations contained in this chapter or amendments thereto which pertain to the zone in which it is located.

   NOXIOUS MATTER OR MATERIALS. Matter or material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being of individuals as determined by the appropriate health department.

   NURSERY. Any building or lot or portion thereof, used for the cultivation or growing of plants and including all accessory buildings .

   NURSERY SCHOOL. Any building used for the daytime care or education of preschool age children with or without compensation, and including all accessory buildings and play areas. Those establishments must be approved by the appropriate state departments.

   NURSING HOME. A health establishment which provides nursing care under the direction of a state licensed physician to patients who, for reason of illness or physical infirmities, are unable to care for themselves properly.

   OCTAVE BAND. A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.

   OCTAVE BAND FILTER. An electrical frequency analyzer designed according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals.

   ODOROUS MATTER. Any matter or material that yields an odor which is offensive in any way to a person with reasonable sensitivity.

   OUTDOOR EATING AND/OR DRINKING AREA. A porch, patio, deck or other area used for consumption of food and/or beverages by the public which is not completely enclosed within the exterior building walls, windows and doors of a limited restaurant, full service restaurant or a drinking establishment and which may or may not have a solid roof cover.

   PARKING AREA, OFF-STREET. An open, surfaced area other than the rights-of-way of a street, alley , or place, used for temporary parking of motor vehicles.

   PARKING BUILDING OR GARAGE. A building or portion thereof designed, intended and used exclusively for the temporary parking of motor vehicles which may be publicly or privately owned and/or operated.

   PARTICULATE MATTER. Any material, except uncombined water, which exists in a finely divided, suspended form as a liquid or solid at standard conditions.

   PERFORMANCE STANDARDS. Criteria established to control building enclosure, landscaping, noise, odorous matter , exterior lighting, vibration, smoke, particulate matter , gasses, radiation, storage, fire, and explosive hazards, and humidity, heat, or glare generated by or inherent in, uses of land or buildings .

   PERSONAL COMMUNICATION SERVICE. As defined in 47 U.S.C. § 332(C)).

   PLANNED UNIT DEVELOPMENT (PUD). A large scale, unified land development which permits a mixture of land uses, clustering of residential units of varying types, and common recreation /open spaces through flexible regulation which encourage creative design to preserve the natural features and foliage of the site.

   PUBLIC BUILDING. Any building open to the general use, participation or enjoyment of the public or operated for the public's benefit and owned and/or operated by a city, county, state, or federal government or by a public utility corporation or municipal district or authority.

   PUBLIC UTILITY. Public or quasi-public utility, subject to governmental regulation, that provides an essential commodity or service, such as water, electricity, transportation, communication, stormwater or waste water management to the public.

   PUBLIC UTILITY STATION. A structure or facility used to provide an essential commodity or service including the management, generation, storage, or distribution related to the public utility .

   RAILROAD RIGHTS-OF-WAY. A strip of land within which the railroad tracks and auxiliary facilities for track operation are normally located, but not including freight depots or station, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.

   RECREATION. A pastime, diversion, exercise, or other resource affording relaxation and enjoyment.

   REST HOME. Any building , institution, residence, or home used as a place of abode for the reception and care of three or more persons , who by reasons of age, mental, or physical infirmities, are not capable of properly caring for themselves.

   SCHOOLS, BUSINESS. An institution or place for instruction or education, specifically in courses of bookkeeping, business administration, operation of business machines, shorthand and typing, and related courses, operated for an intended profit. For the purpose of this chapter, business colleges shall be included in this definition.

   SCHOOLS, PAROCHIAL. An institution or a place for instruction or education belonging to and maintained by a religious organization.

   SCHOOLS, PRIVATE. An institution or a place for instruction or education belonging to and maintained by a private organization.

   SCHOOLS, PUBLIC. An institution or place for instruction or education belonging to and maintained under public authority and open to the public for the attendance.

   SCHOOLS, TRADE. An institution or place for instruction or education, specifically in one or more of the general trades such as: welding, carpentry, electrical, and the like.

   SCREENING AREA. An area set aside to remain vacant of buildings and to be planted and landscaped to reduce the blighting effect of certain land uses on adjacent property.

   SERVICE FACILITIES, PUBLIC UTILITIES, SERVICE STATIONS.

   SIGN. Any combination of letters, characters, or other display used to identify or direct attention to some activity or direction.

   SIGN, ADVERTISING. A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered:

      (1)   Only elsewhere than upon the premises where such sign is located or to which it is affixed; or

      (2)   As a minor and incidental activity upon the premises where the sign is located.

   SIGN, ANIMATED. Any sign having a conspicuous and intermittent variation in the illumination or physical position of any part of the sign .

   SIGN, BUSINESS. A sign which directs attention to a business, profession, industry, to type of products sold, manufactured, or assembled, and/or to service or entertainment offered upon said premises and located upon the premises where such a sign is displayed.

   SIGN, FLAT. Any sign which is attached directly, in rigid manner and parallel to the building wall.

   SIGN, FLASHING. Any sign having a conspicuous and intermittent variation in the illumination of the sign .

   SIGN, GROSS AREA OF. The entire area within a single continuous perimeter enclosing the limits of a sign . However, such perimeter shall not include any structural elements lying outside the limits of such sign and not forming and integral part of the display.

   SIGN, GROUND. Any sign erected, constructed, or maintained directly upon the ground or upon upright or braces placed in the ground, with a maximum permitted ground clearance of three feet.

   SIGN, IDENTIFICATION. A sign used to identify: the name of the individual, family , organization, or enterprise occupying the premises; the profession of the occupant; the name of the building on which the sign is displayed.

   SIGN, INDIVIDUAL LETTER. Letters and/or numbers individually fashioned from metal, glass, plastic, or other materials and attached directly to the wall of a building , but not including a sign painted on a wall or other surface.

   SIGN, POLE. Any sign affixed to a freestanding supporting pole or poles, embedded in, and extending upwards from the ground with a ground clearance exceeding three feet.

   SIGN, PROJECTING. Any sign projecting from the face of a building and securely attached to the building by bolts, anchors, chains, guys, or to posts, poles, or angle irons attached directly to the building .

   SIGN, WINDOW. Any type of sign or outdoor advertising device which is attached to a window of any building , but shall not extend past the limits of said window. For the purpose of §§ 154.185 through 154.192, the word WINDOW shall be construed to mean any glass which comprises part of the surface of the wall regardless of its movability.

   SOUND LEVEL METER. An instrument standardized by the American Standards Association for measurement of intensity of sound.

   STABLE, PRIVATE. A separate accessory building with a capacity for not more than one horse or one pony for each 6,000 square feet of lot area whereon such stable is located and where such horses or ponies are owned by the owners or occupants of the premises and not kept for compensation, hire, or sale.

   STABLE, PUBLIC. A main building with a capacity for not more than one horse or one pony for each 6,000 square feet of lot area where such stable is located and where such horses or ponies are owned by the owners, occupants of the premises or other and are kept for compensation, hire, or sale.

   STORMWATER MANAGEMENT. The collection, conveyance, containment, and/or discharge of surface and stormwater runoff. This includes natural, constructed and/or engineered feature to collect, convey, store or treat surface and stormwater runoff.

   STORY. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it. For purposes of this chapter, a basement shall be counted as a STORY.

   STORY, HALF. A story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than three feet above the floor of such story .

   STREET, ARTERIAL. Public thoroughfares which serve the major movements of traffic within and through the community as identified in the adopted Comprehensive Plan .

   STREET, COLLECTOR. Public thoroughfares which serve to collect and distribute traffic primarily from local to arterial streets .

   STREET, EXPRESSWAY. A divided arterial highway for through traffic with full or partial control of access and generally with grade separation at major intersections.

   STREET, FREEWAY. A divided multi-lane highway for through traffic with all crossroads separated in grades and with full control of access.

   STREET, FRONTAGE ROAD (SERVICE OR ACCESS ROAD). A street adjacent to a freeway , expressway , or arterial street separated therefrom by a dividing strip and providing access to abutting properties.

   STREET, LOCAL. Roadways which are designed to be used primarily for direct access to abutting properties and feeding into the collector street system.

   STREET, PRIVATE. A paved private roadway which affords access to abutting property for private users of such property. For the purposes of density calculations, a PRIVATE STREET shall constitute the areas of its paved surface and sidewalks or the private right-or-way if designated on the recorded plat.

   STREET, PUBLIC. A public roadway, constructed within the boundaries of an officially deeded and accepted public right-of-way, which affords principal means of access to abutting property. For purposes of density calculations, a PUBLIC STREET shall constitute all of the area within the public right-of-way.

   STRUCTURE. Anything constructed or erected, the use of which requires permanent location in or on the ground or attachment to something having a permanent location in or on the ground, including such as buildings , mobile homes , signs , fences , and the like.

   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; providing that a division of land for agricultural purpose into lots or parcels of five acres or more and not involved a new street shall not be deemed a SUBDIVISION. The term includes resubdivision and when appropriate to the context shall relate to the process of SUBDIVISION or to the land subdivided.

   SWIMMING POOL, OUTDOOR.

      (1)   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 18 inches at any point. Any such structure or device shall be deemed to be included within the meaning of the term structure as used in this chapter.

      (2)   OUTDOOR SWIMMING POOLS shall be deemed to consist of the following classes: private, semi-public and commercial, as follows:

         (a)   PRIVATE. When consisting of an accessory structure appurtenant to a one- family or a two-family dwelling and used only as such by persons residing on the same lot and their private guests.

         (b)   SEMI-PUBLIC. When consisting of an accessory structure appurtenant to a multiple dwelling , hotel, motel , church, school, club , and the like, and used only as such by persons who reside or are housed on the same lot or who are regular members of such organizations.

         (C)   PUBLIC. A swimming pool operated by a unit of government for the general public, whether or not an admission fee is charged.

         (d)   COMMERCIAL. A swimming pool operated for profit, open to the public upon payment of a fee.

   TAVERN. Any establishment selling alcoholic or nonalcoholic beverages by the drink for consumption.

   TENT. Any structure or enclosure, the roof of which and/or one-half or more of the sides are constructed of silk, cotton, canvas, fabric, or a similar light material.

   USE, PERMITTED. A use which may be lawfully established, if permitted, in a particular zone provided it conforms with all requirements of such zone .

   VARIANCE, DIMENSIONAL. A departure form the terms of this chapter, as approved by the Board of Adjustments , pertaining to height or width of structures and size of yards and open spaces (but no population density) where such departure will not be contrary to the public interest, and where, owing to conditions peculiar to the property because of its size, shape, or topography, and not as a result of the actions of the applicant, the literal enforcement of the zoning regulations would result in unnecessary and undue hardship.

   YARD. An open space on the same lot or building site with a main building , unoccupied and unobstructed from the ground upward, except by trees, plants, shrubberies, ornaments, dog houses, outdoor furniture, and except as otherwise permitted in § 154.045(D).

   YARD DEPTH, REAR. An area extending across the full width of the lot and measured between a line parallel to the rear lot line , as defined in this section, which intersects the rearmost point of any building and the rear lot line .

   YARD, FRONT. An area extending between side lot lines across the front of a lot and from the front lot line , or edge of the road easement for lots along private roads within easement s, to the front of the principal building . For flag lots, the FRONT YARD is the yard area between the front of the structure and the closest adjacent property line generally parallel with the street.

   YARD WIDTH, SIDE. An area extending between any building and the side lot line , as defined herein, extending from the front to the rear yard or on through lots or building sites form one front lot line to the other front lot line .

   ZONE. An established area within the county for which the provisions of this chapter are applicable. (Synonymous with the word DISTRICT).

   ZONING ADMINISTRATOR. The official hired by the county or any legislative body within the planning unit to administer and enforce the provisions of this chapter.

(Ord. O-11-82, passed 11-3-82; Am. Ord. O-17-88, passed 7-20-88; Am. Ord. O-3-98, passed 3-4-98; Am. Ord. O-05-03, passed 4-9-03; Am. Ord. O-06-06, passed 5-17-06; Am. Ord. O-17–14, passed 11-5-14; Am. Ord. O-09-19, passed 7-17-19; Am. Ord. O-12-21, passed 8-4-21; Am. Ord. O-14-23, passed 10-18-23; Am. Ord. O-01-24, passed 1-17-24)