§ 155.003  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the present tense include the future. Words used in the singular number include the plural, and words used in the plural include the singular.
   ACCESSORY BUILDING.  A detached building which is subordinate to the principal or main building on the lot and which is used for purposes customarily incidental to those of the principal building.
   ACCESSORY USE.  A use customarily incidental to the use of a building for dwelling purposes and including the office or studio of a physician or surgeon, dentist, artist, musician, lawyer, architect, teacher or similar professional person residing on the premises; workshops not conducted for profit and equipped with power not exceeding one-half rated horsepower; and customary home occupations such as millinery, dressmaking and hairdressing conducted by a person or persons residing on the premises.
   AGRICULTURAL USE.  All forms of agriculture, the growing of crops in the open, dairying, grazing, the raising and maintaining of poultry and other livestock, horticulture, viticulture, enclosed and open plant nursery, nursery sales and forestry uses, provided, however, that the land shall consist of at least one acre in one parcel under common ownership or operation. The solid waste disposal sites, commercial feed lots, boarding stables or dog kennels shall be deemed an AGRICULTURAL USE regardless of the size of the tract of land used, small farm wineries licensed under KRS 243.155, and farm wineries licensed under the provisions of KRS 243.156.
   AGRICULTURAL USE AND STRUCTURES, ACCESSORY.  Those structures and/or use which are normally required in the operation of permitted agricultural uses. The Board of Zoning Adjustment shall determine all questions regarding the uses and structures.
   ALLEY.  Any public or private way less than 20 feet in width which is set aside as a permanent right-of-way for public travel and which serves as a secondary means of access to abutting property. In the event a public or private way is designated as an alley by name, its width shall determine whether it is an ALLEY or a “street” within this definition.
   ALTERATION OF BUILDING.  Any change in the supporting members of a building such as bearing walls, columns and girders except a change as may be required for its safety; any addition to a building; any change in use from that of one district classification to another; or any movement of a building from one location to another.
   APARTMENT HOUSE.  See DWELLING, MULTIPLE.
   APPEAL. A request for a review by the Board of Zoning Adjustment interpretation of any provision of this chapter or a request for a variance.
   AREA, BUILDING.  The total area taken of a horizontal plane at the average ground elevation of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps. That area shall be calculated to determine “maximum lot coverage”.
   BLOCK.  The length of a street between two street intersections or, where the distance between street intersections is greater than 1,400 feet, a street length of not less than 1,000 feet.
   BOARDING HOUSE.  A commercial dwelling other than a hotel where, for compensation and by pre-arrangement for definite periods, meals are provided. Those uses are permitted only in those zones permitting hotels or motels.
   BREWERY. Any place or premises where malt beverages are manufactured for sale, including all offices, granaries, mash rooms, cooling rooms, vaults, yards and storerooms connected with the premises; or where any part of the process of the manufacture of malt beverages is carried on; or where any apparatus connected with the manufacture is kept or used or where any of the products of brewing or fermentation are stored or kept.
   BUFFER.  A buffer strip is a landscaped area required in commercial and industrial zones. The areas lie on the periphery of the commercial or industrial zones where they adjoin residentially zoned property. The buffer strips are intended to provide visual separation between the adjoining zones and depending on the anticipated noise levels, a buffer or reduction of noise entering the residential zone. The BUFFER, in addition to evergreen plantings, may include combinations of vegetative and structural barriers.
   BUILDING.  Any structure having a roof supported by columns or walls and intended for shelter, housing or enclosure of persons, animals or chattels. The word BUILDING shall include lunch wagons, house trailers and similar structures whether stationary or movable. Includes the word STRUCTURE.
   BUILDING AREA OF A LOT.  The portion of a lot bounded by the required rear and side yards and the building setback line.
   BUILDING, HEIGHT OF. The vertical distance from average grade at the building plane facing the public road or right-of-way to the highest line of the roof surface. HEIGHT as applied to a story, means the vertical distance from top to top of two successive finished floor surfaces.
   BUILDING OFFICIAL.  The officer or other designated authority charged with the administration and enforcement of this chapter, or his or her duly authorized representative.
   BUILDING SETBACK LINE.  A line delineating the minimum allowable distance between the street right-of-way and the front of a structure. The BUILDING SETBACK LINE is parallel to or concentric with the street right-of-way. The area between the street right-of-way and the front of the structure is the front yard.
   BUSINESS SERVICES.  Any activity conducted for gain which renders services primarily to other commercial and industrial enterprises, or which services and repairs appliances and machines used in a home or business.
   CENTER LINE OF STREET.  The line surveyed and monumented by the governing body as the center of the street right-of-way. If the CENTER LINE has not been surveyed and monumented, it shall be the line running midway between the outside curbs or ditches of the street.
   CLINIC.  See PROFESSIONAL SERVICES.
   CLUB.  A private organization catering exclusively to members and their guests, or premises and buildings for recreational or athletic purposes which are not conducted primarily for gain, providing that any vending stands, merchandising or commercial activities are conducted only as required generally for the membership of the CLUB.
   CLUSTERED HOUSING UNITS.  Housing which may be permitted by the Board to have reduced (potentially zero) side and rear yards within a single development. The permission, if granted, shall be based on a development plan of a tract in single ownership at the time of development.
   CONDOMINIUM.  A clustered or multifamily dwelling designed for individual ownership of dwelling units, but joint ownership and/or responsibility for maintenance and upkeep of buildings, grounds, and recreational facilities.
   COVERAGE.  The lot area covered by all buildings located therein, including the area covered by all overhanging roofs.
   COUNTRY CLUB.  A chartered, non-profit membership club, with or without dining facilities and lounge, catering primarily to its membership, providing one or more of the following recreational and social amenities: golf, riding, outdoor recreation, clubhouse, locker room.
   DAY NURSERIES, PRIVATE.  Any place, home or institution on which receives six or more young children conducted for cultivating the normal aptitude for exercise, play and observation.
   DEVELOPMENT.  Any human-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, dredging, filling, grading, paving, excavation or drilling operations.
   DISTILLERY. Any place or premises where distilled spirits are manufactured for sale, and which are registered in the office of any collector of internal revenue for the United States. It includes any United States government bonded warehouse.
   DISTRICT.  Any section or sections of the city for which the regulations governing the use of land and the use, density, bulk, height and coverage of buildings and other structures are uniform.
   DRIVE-IN RESTAURANT.  A commercial restaurant which caters primarily to vehicular trade by providing the delivery of food to the person within a vehicle for consumption on site.
   DWELLING.  A building designed, arranged or used for permanent living quarters for one or more families and including but not limited to residences and apartment buildings. The word DWELLING shall not include hotels or motels or other structures designed or used for transient residence, house trailers used for transient residence, the portions of tourist homes used for transient residence or the portions of boarding or rooming houses used for transient residence.
   DWELLING, ATTACHED.  A dwelling with one or more party walls, or one party wall in the case of a dwelling at the end of a group of attached dwellings.
   DWELLING, MULTIPLE.  Two or more attached dwelling units, including but not limited to condominiums and row houses.
   FAMILY.  An individual, two or more persons related by blood or marriage, or a group of not more than five persons who need not be related by blood or marriage, living together as a single housekeeping unit in a dwelling unit. The word FAMILY shall not include groups of more than five persons occupying nursing homes, club houses, fraternity houses, sorority houses, dormitories or nursing homes although a portion of a building in this category may consist of one or more dwelling units occupied by a FAMILY or FAMILIES.
   FLOODPLAIN.  The area in the community subject to a 1% or greater chance of flooding in any given year.
   GARAGE.  A structure used for, or designed, arranged or intended to be used for, housing or caring for automobiles, other self-propelled vehicles and trailers.
   GOVERNING BODY.  Mayor and City Council.
   GRADE.  A reference plane representing the average of finished ground level adjoining the building at a specific exterior wall.
   HEIGHT OF BUILDING.  The vertical distance measured from the established average sidewalk grade or street grade or finished grade at the building line, whichever is highest, to the highest point of the building.
   HISTORICAL MONUMENTS AND/OR STRUCTURES.  Any antique structure or building existing contemporaneously with and commonly associated with an outstanding event or period of history, and any structure or building in which the relics and/or mementos of the event or period are housed and preserved.
   HOME OCCUPATION.  An occupation or profession for gain or support conducted entirely within a dwelling by a member or members of a family residing on the premises and which provides regular employment for not more than one person who does not reside on the premises.
   HOTEL.  A building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals and in which there are more than 12 sleeping rooms usually occupied singly and no provision is made for cooking in any individual room or apartment and which maintains an inner lobby for registration through which all tenants must pass to gain access.
   HOUSE TRAILER.  Any vehicle, trailer, or similar portable structure, with or without its own motive power, having no foundation other than wheels, jacks or skirtings, used or designed or constructed to be used as a conveyance on the public streets and designed or constructed to permit occupancy for dwelling or sleeping purposes. The term HOUSE TRAILER shall include the terms MOBILE HOME, TRAILER COACH, TRAILER CABIN and similar terms.
   LIQUOR. Brewed, fermented, or distilled spirits for human consumption, including beer, wine and/or distilled liquor.
   LOT.  A portion, parcel or plot of land devoted to a common use or a portion, parcel or plot of land occupied by a single building, a single building with customary accessory buildings, or a group of buildings devoted to a common use, including the open spaces required under this chapter, and having its principal frontage on a dedicated street.
      (1)   CORNER LOT.  A lot which abuts on two intersecting streets at their intersections.
      (2)   DOUBLE FRONTAGE LOT.  Any lot other than a corner lot which abuts on two streets.
      (3)   INTERIOR LOT.  Any lot other than a corner lot and including double frontage lots.
   LOT DEPTH.  The distance from the mid-point of the front lot line to the rear lot line measured in the mean direction of the side lot lines.
   LOT LINE. The boundary dividing a given lot from a street, an alley, an adjoining lot, or an adjoining tract of unsubdivided land.
      (1)   FRONT LOT LINE.  The boundary between an interior lot and the right-of-way of a street. In the case of a corner lot or a double frontage lot, the FRONT LOT LINE shall be the boundary between the lot and the right-of-way of the street determined to be the front street as distinguished from the street determined to be the side street or rear street respectively.
      (2)   REAR LOT LINE.  The lot line opposite the front lot line, or the lot line opposite the lot line determined to be the front lot line in the case of a double frontage lot. In the case of a triangular lot or other non-rectangular lot, the REAR LOT LINE shall mean a line within the lot, ten feet long, parallel to, and at the maximum distance from the front lot line.
      (3)   SIDE LOT LINE.  Any lot line other than the front and rear lot lines.
   LOT OF RECORD.  Any lot within the present incorporated limits of the city which is duly recorded and on file in the office of the County Clerk as a separate unit of land at the time of the enactment of this chapter, or any lot in any area annexed by the city after the enactment of this chapter which is duly recorded and on file in the office of the County Clerk as a separate unit of land at the time of annexation.
   LOT WIDTH.  The distance between side lot lines measured from points on the side lot lines at a distance from the front lot line equal to the front yard depth required in the district in which the lot is located.
   MICROBREWERY. Any place or premises where malt beverages are manufactured for sale, either on premises or off premises, in quantities not to exceed 50,000 barrels in one year.
   MOTEL.  A building or group of buildings used for the temporary residence of motorists or travelers.
   NONCONFORMING USE.  A use of a building, structure or land which was lawful at the time of the enactment or amendment of this chapter but which does not conform with the permitted use provisions of this chapter for the district in which it is located.
   OPEN SPACE.  An unoccupied space open from the ground to the sky.
   PARKING LOT.  An off-street facility including parking spaces along with adequate provision for drives and aisles for maneuvering and giving access, and for entrance and exit, all laid out in a way to be usable for the parking of more than six automobiles.
   PARKING SPACE.  An area required for parking one automobile which shall be a minimum of ten feet wide and 20 feet long, not including passageways.
   PERSON.  Includes a firm, copartnership or corporation.
   PLANNING COMMISSION.  Campbellsville Planning and Zoning Commission.
   PLAT.  A map, plan or layout of a city, town, section or subdivision indicating the location and boundaries of individual properties.
   PRINCIPAL BUILDING.  A building, including covered porches, carports and attached garages, in which is conducted the main or principal use of the lot on which the building is located. In any residential district, a dwelling shall be deemed to be the PRINCIPAL BUILDING on the lot on which it is located.
   PRINCIPAL USE.  The specific primary purpose for which land or a building is used.
   PRIVATE GARAGE.  A garage used by persons residing on the premises for storage only and in which no industry or business is conducted.
   PROFESSIONAL SERVICES.  Those activities include: medical, legal, architectural, engineering, financial and business consulting services and accounting offices. All the on-site activities shall be conducted within an office and generally within normal working hours.
   PUBLIC GARAGE.  Any garage which is open to the public, operated for profit, and used for storage, repair, rental, greasing, washing, servicing or equipping of automobiles, other motor vehicles and trailers.
   PUBLIC UTILITY.  Any person, firm, corporation, municipal department or board duly authorized to furnish and furnishing under state or municipal regulations, to the public, electricity, gas, steam, communication, telegraph, transportation or water.
   RECREATIONAL AREAS.  Country clubs, riding stables, golf courses and similar non-commercial recreation areas and facilities or recreation centers, including swimming pools.
   REQUIRED SETBACK.  A distance required to obtain the minimum front, side and rear yards required in this chapter.
   RETAIL MALT BEVERAGE ESTABLISHMENT or RETAIL MALT BEVERAGE SALES STORE/FACILITY. Any place ore premises where malt beverages are sold to consumers for consumption off premises and not on site and which is not a retail package liquor sales store or facility.  For example, a retail malt beverage establishment or retail malt beverage sales store/facility might sell malt beverages such as beer, but the definition does not contemplate such store/facility selling fermented beverages such as wine or distilled spirits such as whiskey, bourbon, gin, vodka, etc.
   RETAIL SALES.  The commercial transfer of merchandise which is subject to state and local sales taxation including: pharmaceuticals, gardening supplies, landscaping supplies, building supplies, hardware, housewares, clothing, cloth, appliances, furniture, sporting goods and grocery supplies. The Board of Zoning Adjustment shall determine any questions of use.
   ROADSIDE STAND.  A temporary farm structure used or intended to be solely used by the owner or tenant for the sale of a seasonal farm product(s) of the farm on which it is located.
   ROOMING HOUSE. A building where lodging only is provided for compensation to three or more, but not exceeding 12 persons. A building which has accommodations for more than 12 persons shall be defined as a HOTEL under the terms of this chapter.
   SANITARY SEWER.  A municipal or community sewage disposal system of a type approved by the appropriate local and state agencies.
   SCHOOL, PRIVATE.  An institution of learning, including colleges and universities, that is not tax-supported.
   SCHOOL, PUBLIC.  A tax-supported institution of learning, including colleges and universities.
   SELF-SERVICE LAUNDRY.
      (1)   An establishment providing home type washing, drying and ironing machines and/or customer operated type dry cleaning machines.
      (2)   The establishment may be provided to residents of cluster or multi-family housing if no advertisement or general solicitation is undertaken and where the Board determines the scale of operation to be accessory to the dwelling units.
   SERVICE STATION.  A building, buildings, premises or portions thereof which are used or arranged, designed or intended to be used for the retail sale of gasoline or other motor vehicle, motor boat or aircraft fuels.
   SHALL.  Always mandatory and not merely directory.
   SHOPPING CENTER.  A group of commercial establishments planned, developed, owned and managed as a unit, with off-street parking provided on the property, and related in its location, size and type of shops to the trade area which the unit serves.
   SMALL FARM WINERY. A winery producing wines, in an amount not to exceed 50,000 gallons in a calendar year.
   STORY.  The part of a building included between any floor and the floor or roof next above.
   STREET.  Any public or private way 20 feet or more in width set aside as a permanent right-of-way for vehicular travel by the general public and affording the principal means of access to abutting property. The word STREET shall include the words HIGHWAY, ROAD, PIKE, AVENUE, BOULEVARD, LANE, PLACE, DRIVE, COURT and similar terms, but it shall not include “limited-access highway”, “controlled-access highway” or similar terms used to designate highwayswhich do not afford direct access to abutting property. In the event a public or private way is designated as an “alley” by name, its width shall determine whether it is a STREET or an alley within this definition.
   STREET RIGHT-OF-WAY.  The dividing line between a lot and the right-of-way of a public street, or the dividing line between a lot and the right-of-way of a private street over which two or more dominant estates have the right-of-way.
   STREET GRADE.  The officially established grade of the street upon which a lot fronts. If there is no officially established grade, the existing grade of the street at the midpoint shall be taken as the street grade.
   STREET, INTERSECTING.  Any street which joins another street at an angle, whether or not it crosses the other.
   STREET LINE.  A lot line dividing a lot from a street.
   STRUCTURE.  Any constructed or erected material or combination of materials, the use of which requires more or less permanent location on the ground. The term STRUCTURE includes, but is not limited to, buildings, sheds, storage bins, fences, billboards and signs, stadiums, swimming pools and tents.
   SUBSTANTIAL IMPROVEMENT.
      (1)   For a structure built prior to the enactment of this chapter, any repair, reconstruction or improvement of a structure, the costs of which equals or exceeds 50% of the total replacement cost of the structure either:
         (a)   Before the improvement or repair is started; or
         (b)   If the structure has been damaged and is being restored, before the damage occurred.
      (2)   The term does not include either:
         (a)   Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
         (b)   Any alteration of a structure listed on the National Register of Historic Places.
   TABLE RESTAURANT SERVING ALCOHOL (“TABLE RESTAURANT SA”).Any place or premises where malt beverages or liquor are sold to consumers for consumption on site and which derives more than 50% of its revenue from other than aggregate sales of malt beverages and/or liquor.
   TAVERN. Any place or premises where malt beverages or liquor are sold to consumers for consumption on site which is not a table restaurant.
   TOTAL FLOOR AREA.  The area of all floors of a building including finished attics, finished basements and covered porches.
   TOURIST HOME.  A dwelling in which overnight accommodations are provided or offered for transient guests for compensation.
   TRAILER PARK.
      (1)   An area of land upon which two or more house trailers, occupied for dwelling or sleeping purposes, are located, either free of charge or for revenue purposes, and including any building, structure, vehicle or enclosure used or intended to be used as a part of the facilities or equipment of the trailer park.
      (2)   The term TRAILER PARK shall include the term TRAILER COURT and similar terms.
   USE.  The purpose or activity for which a building, structure or land is occupied, designed, constructed or maintained.
   USED or OCCUPIED.  As applied to any land or building shall be construed to include the words INTENDED, ARRANGED OR DESIGNED TO BE USED OR OCCUPIED.
   VARIANCE.  A grant of relief to a person from the requirements of this chapter which permits construction in a manner otherwise prohibited by this chapter where specific enforcement would prohibit the reasonable use of the property. To provide a VARIANCE, the Board shall determine that the property in question differs significantly from other parcels in the same district in terms of slope or size or shape.
   WINERY. Any place or premises in which wine is manufactured from any fruit, or brandies are distilled as a by-product of wine or other fruit, or cordials are compounded.
   YARD.  An open space on the same lot with a principal building, unoccupied and unobstructed by buildings or structures from the ground to the sky except where encroachments and accessory buildings are expressly permitted by the provisions of this chapter.
      (1)   FRONT YARD.  An open, unoccupied space on the same lot with a principal building, extending the full width of the lot, and measured between the front lot lines and the nearest part of the principal building.
      (2)   REAR YARD.  An open, unoccupied space on the same lot with a principal building, extending the full width of the lot, and measured between the rear lot line and the nearest part of the principal building.
      (3)   SIDE YARD.  An open, unoccupied space on the same lot with a principal building, measured between the side lot line and the nearest part of the principal building and extending from the rear line of the front yard to the front line of the rear yard.
(2000 Code, App. B, § 31)  (Am. Ord. 16-09, passed 11-21-2016)