For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY STRUCTURE OR USE. Any structure or use, including outdoor display and/or tent for commercial purposes in conjunction with a principal permitted use, other than the principal structure or use, directly incident to or required for the enjoyment of the permitted use of any premises; also as specifically designated under the zoning district regulations of this chapter. A parked mobile home shall not be considered an accessory building unless specifically permitted by the provisions of the this chapter. An accessory building shall adhere to the maximum height requirement in the zoning district for which it is located in. Full bathrooms and kitchens shall not be permitted, an accessory building may contain a half bathroom containing a toilet and sink only. A shower that is located outside and unenclosed may be permitted. The total square footage of an accessory building within a residential zoning district shall not exceed more than 900 square feet, unless a variance for a larger structure is granted by the Board of Adjustments. Accessory buildings cannot be used for commercial purposes unless specifically permitted by the provisions of this chapter, and shall be located towards the side and/or rear of the primary structure and at least five and a half feet from the side and rear property lines. The maximum lot coverage as found in the dimension and area requirements for each zoning district shall be adhered to. No accessory building shall be rented for any purpose and shall not be used as dwelling units.
AGRICULTURAL STRUCTURE. Any structure or building accessory to the principal agricultural use of the land. Farm dwellings, however, are principal buildings.
AGRICULTURE. The use of land only, minus agricultural structures, for cultivation of crops, raising of animals, or preservation in its natural state. Associated terms include the following.
(1) AGRIBUSINESS. An enterprise that derives its revenue from sales of agricultural products or sales to agricultural producers
(2) AGRICULTURAL USE. The use of:
(a) 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 dwelling for persons and their families who are engaged in the agricultural use on the tract, but not including residential building development for sale or lease to the public;
(b) Regardless of the size of the tract of land used, small wineries licensed under KRS 243.155;
(c) A tract of at least five contiguous acres used for the following activities involving horses:
1. Riding lessons;
2. Rides;
3. Training;
4. Projects for educational purposes;
5. Boarding and related care; or
6. Shows, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving 70 or less participants. Shows, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving more than 70 participants shall be subject to local applicable zoning regulations.
(d) A tract of land used for the following activities involving horses:
1. Riding lessons;
2. Rides;
3. Training;
4. Projects for educational purposes;
5. Boarding and related care; or
6. Shows, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving 70 or less participants. Shows, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving more than 70 participants shall be subject to local applicable zoning regulations. This division (2)(d)6. shall only apply to acreage that was being used for these activities before July 13, 2004.
(3) AGRITOURISM. The act of visiting a working farm or any agricultural horticultural, or agribusinesses.
(4) AGRITOURISM BUSINESS. An income producing commercial enterprise at a working farm for the purpose of providing public enjoyment, education, or active involvement in the activities of the farm or operation.
(5) VALUE-ADDED AGRICULTURAL ACTIVITIES. Any activity or process that allows farmers to retain ownership, but that alters the original farm produced agricultural product or commodity for the purpose of gaining a marketing advantage. Value-added may include bagging, packaging, bundling, precutting, cooking, or chilling.
ALTERATION. Any change or addition to the supporting members or foundation of a structure.
AUTOMOBILE AND TRUCK REPAIR, MAJOR. Repair of vehicles including rebuilding or reconditioning of engines and transmissions, or major overhaul in which the engine, transmission, or other major components are removed entirely from the vehicle; collision services including body or frame straightening or repair, and/or automotive painting of any kind, including the use of paint booths.
AUTOMOBILE AND TRUCK REPAIR, MINOR. Incidental repair, adjustment to a vehicle’s operational systems, including replacement of parts, motor service to passenger vehicles and trucks not exceeding one and one-half ton, but not including any activity contained in the definition of “Automobile and Truck Repair, Major”, or any other similar activity, nor any repair requiring outside storage of a vehicle for more than 96 hours.
A-WEIGHTED SOUND PRESSURE LEVEL. The sound pressure level as measured with a sound level meter using the A-weighting network. The standard notation is dB(A) or dBA.
BED AND BREAKFAST HOME. A use located in an existing structure, originally a single-family dwelling, which provides short-term transient lodging, including serving only breakfast to overnight guests, for which a fee is paid and subject to the following conditions.
(1) The use shall be secondary to the dwelling.
(2) The use shall be carried only by owners with at least a 51% ownership interest, and who reside on the premises.
(3) The use shall not require external alteration of the dwelling except as may be required to meet fire and building codes.
(4) Each room to be rented shall have no cooking facilities and be designed and intended to accommodate no more than one family unit.
(5) Each room shall be rented for no longer than seven consecutive days to a guest.
(6) The use shall not adversely affect the uses permitted in the immediate neighborhood by excessive traffic generation, noise, or lights.
(7) The owner-operator shall maintain a guest log and other records, which shall be subject to annual review and inspection.
(8) The use shall not be conducted within any accessory building except for such an accessory building at least 50 years old that was originally constructed in full or part as a dwelling.
(9) The conditional use permit shall become null and void upon the sale or transfer of the property.
(11) The use shall be in compliance with all applicable state and local laws, including Health Department rules and regulations.
(12) No sleeping rooms (as defined below) shall be permitted.
BREWPUB. A restaurant that brews beer as an accessory use, either for consumption on-site or in sealed containers in quantities up to one-half barrel sold directly to the consumer. Production capacity is limited to 5,000 barrels of beverage (all beverages combined) per year. The area used for brewing, bottling, and kegging shall not exceed 30% of the total floor area of the commercial space. A barrel is equivalent to 31 gallons.
BUILDING. Any structure which fully encloses space for the occupancy by persons or their activities. A mobile home is not a BUILDING, however.
CELLULAR TELECOMMUNICATIONS SERVICES. A retail telecommunications service that uses radio signals transmitted through cell sites and mobile switching stations.
CO-LOCATION. Location of two or more transmission antennae or related equipment on the same telecommunications tower.
COMMERCIAL FLOOR AREA. Floor area of buildings which is devoted to the storage and display of merchandise, the performance of consumer services, or the circulation and accommodation of customers.
CONDITIONAL USE. A use which must receive special approval by the Board of Zoning Adjustment if delegated, in order to be permitted in a zoning district.
CONSUMER SERVICES. Sale of any service to individual customers for their own personal benefit, enjoyment, or convenience, and for fulfillment of their own personal needs. For example, CONSUMER SERVICES include the provision of the personal services such as beautician and barbering services, the provision of lodging, entertainment, specialized instruction, financial service, automobile storage, transportation, laundry and dry cleaning services, and all other similar services.
DECIBEL (dB). A unit for describing the loudness of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter). Zero decibels is the threshold of human hearing. Ten decibels is ten times as loud as A unit for describing the loudness of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter). Zero decibels is the threshold of human hearing. Ten decibels is ten times as loud as zero, 20 decibels is 100 times as loud as zero, 20 decibels is 100 times as loud as zero, and 130 decibels is the threshold of pain.
DEVELOPMENT PLAN. Written and/or graphic material depicting a development of land, including any or all of the following: location and bulk of buildings and other structures, intensity of use, density of development, streets, ways, parking facilities, signs, drainage of surface water, access points, a plan for screening or buffering, utilities, existing human-made and natural conditions, and all other conditions agreed to by the applicant.
DEVELOPMENT RIGHT. A simple extension of the rights normally associated with land ownership. When legally established, a development right has value separate from the land itself. It can be subject to reasonable regulations by local government under the police power. The DEVELOPMENT RIGHT can be transferred by the owner, by means of gift or sale, to another property. The land owner may sell the DEVELOPMENT RIGHTS and still retain the title to the land and the right to use the land, excluding the right of development.
DWELLING. A building providing shelter, sanitation, and amenities for permanent habitation, including Class A Mobile Homes, but excluding manufactured homes of Class B, C, and D, and temporary lodging and sleeping rooms.
DWELLING UNIT. A dwelling unit is a dwelling accommodation within a building designed for one individual or family unit maintaining separate and independent housekeeping.
HEIGHT. The vertical distance measured from the average finished grade at the front building line to the highest point of the structure.
HOME OCCUPATIONS. Occupations involving personal and professional services, subject to the following conditions:
(1) The use is clearly incidental and secondary to the principal residential use;
(2) The use is conducted entirely within the dwelling and not in an accessory building;
(3) The use is carried on only by residents of the dwelling;
(4) No products, commodities, or merchandise shall be sold or stored on the premises;
(5) The use does not require alteration of the exterior of the dwelling;
(6) The use does not adversely affect the neighborhood by generating excessive traffic, atmospheric pollution, light flashes, glare, odors, noise, vibration, or truck or other heavy equipment traffic; and
(7) Adequate off-street parking is provided.
HOME OFFICE. An office use conducted within a dwelling under the following conditions.
(1) The office shall be clearly incidental and secondary to the residential use and shall occupy no more than 25% of the total area of the dwelling or 500 feet, whichever is less.
(2) The use shall be limited to recordkeeping and administrative activities.
(3) The office shall be located within the dwelling unit and not in an accessory building.
(4) The office shall be operated by residents of the dwelling, and no nonresidents may be employed on the premises.
(5) No sale of merchandise shall be conducted on the premises.
(6) No commodities, products, or merchandise shall be stored on the premises.
(7) No signs identifying the office shall be displayed on the premises.
(8) Residence shall maintain its residential character and shall not be altered or remodeled so as to change the residential appearance thereof.
(9) No customer traffic shall be generated.
(10) No commercial vehicles shall be parked on the premises.
IMMEDIATE FAMILY MEMBER. Any person bearing the following relationship to grantor: parent, mother/father-in-law, child, grandparent, grandchild, brother, or sister.
INDUSTRY. The processing of products or raw materials; the two categories of industry are defined according to the following performance standards.
(1) HEAVY INDUSTRY. Those industries whose processing operations resulting in the outdoor storage or processing of materials or products, the emission of any atmospheric pollution, visible light flashes or glare, odors, or noise or vibration which may be heard or felt off the premises, or those industries which constitute a fire or explosion hazard.
(2) LIGHT INDUSTRY. Those industries whose processing operations result in none of the above conditions.
JUNKYARD. The outdoor storage of inoperative machinery.
LOT. A parcel of land under one ownership devoted to a common use or occupied by a single principal building plus accessory structures.
LOT AREA. The computed ground area inside the lot lines.
LOT, CORNER. A lot which abuts on two intersecting streets at their intersection.
LOT COVERAGE. The computed ground area occupied by all buildings within a lot.
LOT DEPTH. The mean horizontal distance between the front and rear lot lines.
LOT, DOUBLE-FRONTAGE. Any lot other than a corner lot which abuts on two streets.
LOT LINE. The boundary dividing a lot from a right-of-way, adjoining lot, or other adjoining tract of land. Front, rear, and side LOTS LINES are self-explanatory.
LOT OF RECORD. A lot which is recorded in the office of the County Clerk.
MANUFACTURED HOME. A building which is substantially constructed away from the building site, which is designed to be and is transported to such building site and permanently installed thereon for use as a dwelling. The term includes, but is not limited to, mobile home. It also includes housing built away from a building site in two or more sections or modules, commonly known as a modular home.
MANUFACTURED HOME COMPLEX. A manufactured home park in which the land is owned by the developer and not by the individual occupants.
MANUFACTURED HOME PARK. A parcel of land available to the public in which two or more lots are occupied or intended for occupancy by manufactured homes and includes service buildings, structures, enclosures, or other facilities used as a part of the park. A park may be a “complex” or a “subdivision” and the term is used interchangeably with both.
MICRO BREWERY, MICRO DISTILLERY, OR MICRO WINERY. Facility for brewing less than 15,000 barrels of alcoholic beverage per year. May include a tasting room and retail space for the sale of the alcoholic beverage and related merchandise.
MINI-WAREHOUSE. A building divided in cubicles or compartments which are rented or leased to the general public for the storage of goods.
MOBILE HOME. A transportable dwelling unit suitable for year-round occupancy, which is manufactured on a chassis or undercarriage as an integral part thereof, containing facilities for water, sewage, bath, and electrical conveniences.
MOBILE HOME PARK. A track of land prepared and approved according to the procedures in the zoning order to accommodate ten or more mobile homes.
NOISE. Any sound which is unwanted or which causes or tends to cause an adverse psychological or physiological effect on human beings.
NONCONFORMING STRUCTURES OR USES. A structure or use of any premises which does not conform with all applicable provisions of the zoning order but which existed at the time of its designation as nonconforming by the adoption or amendment of the zoning order.
NONRETAIL COMMERCIAL. Commercial sales and services to customers who intend resale of the products or merchandise sold or handled. For example, NONRETAIL COMMERCIAL includes wholesaling, warehousing, truck terminals, and similar commercial enterprises.
OUTDOOR. Refers to that which is not within a building.
PARKING AREA OR STRUCTURE. An off-street area or structure for required parking or loading spaces, including driveways, access ways, aisles, parking and maneuvering space, but excluding required front yard, or public right-of-way.
PLANNED DEVELOPMENT PROJECT. A complex of structures and uses planned as an integral unit or community of development.
PREMISES. A lot or other tract of land under one ownership and all of the structures on it.
PRIVATE RECREATION AREA. An area devoted to uses such as picnic and parking areas, swimming pools, private clubhouses, tennis courts, refreshment stands, and similar or associated structures and uses.
PROCESSING. Manufacturing, reduction, extraction, packaging, repairing, cleaning, and any other similar original or restorative treatment applied to raw materials, products, or personal property. PROCESSING does not refer to the fabrication of structures, however.
PROPERTY LINE. An imaginary line along the surface, and its vertical plan extension, which separates the real property owned, rented, or leased by one person from that owned, rented, or leased by another person, excluding intra-building real property division.
PUBLIC SERVICE BUILDING. Any building necessary for the operation and maintenance of a utility.
RESTAURANT. An eating establishment where food is served and/or consumed only within the building.
RESTAURANT, DRIVE-IN. An eating establishment where food is generally served by employees or by self-service on the premises outside the building and generally consumed on the premises outside the building or off of the premises.
RETAIL SALES. Sale of any product or merchandise to customers for their own personal consumption or use, not for resale.
ROAD. A traffic-carrying way. As used in this chapter, a ROAD may be privately owned.
ROADSIDE STAND. A temporary structure designed or used for the display or sale of agricultural or other products grown or produced on the premises upon which such a stand is located.
SINGLE-FAMILY DWELLING. A dwelling designed or occupied by a single family.
SLEEPING ROOM. A single room rented for dwelling purposes but without the amenities for separate and independent housekeeping.
SOUND LEVEL METER. An instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter, and weighting networks used to measure sound pressure levels. The output meter reads sound pressure level when properly calibrated, and the instrument must be of type 2 or better, as specified in the American National Standards Institute Publication S1.4-1971, or its successor publications.
STREET. Any highway or other public traffic-carrying way, an arterial street is any federal, state, or county highway unless otherwise designated by the Planning Commission.
STRUCTURE. Any combination of materials fabricated to fulfill a function in a fixed location on the land; includes buildings.
TDR MULTIPLE. A method of assigning relative values to development rights when transferred from one area to another. For instance, a TDR MULTIPLE of one and one-half means that when a single development right is transferred from one area to another it is given a value equivalent to one and one-half development rights. As used herein, the word “value” is not intended to suggest monetary value.
TELECOMMUNICATIONS TOWER. A structure constructed for the location of transmission antennas and/or related equipment to be used in the provision of cellular telecommunications services for personal communications services, as defined in 47 U.S.C. § 332(c), but not including such structures when used for the broadcast of television, am or fm radio station, citizens band, or amateur radio use.
USABLE OPEN SPACE. The portion of the outdoor area of a lot or tract which is designed and used for outdoor living, recreation, pedestrian access, or landscaping, but not including off-street parking and loading areas, driveways, or required front and street side yards unless separated from the street right-of-way by a fence or screen planting.
USE. Broadly refers to the activities which take place on any land or premises and also refers to the structures located thereon and designed for those activities.
UTILITY. Any person, except a city, who owns, controls, or operates or manages any facility used or to be used for or in connection with the transmission or conveyance over wire, in air, or otherwise, of any message by telephone or telegraph for the public, for compensation.
(KRS 278.010(3))
VARIANCE. A departure from the strict conformance with the dimension and area regulations of the zoning order which must first receive the approval of the Board of Zoning Adjustment.
VIEWSHED. The visual field presented by a particular parcel of real estate when viewed from the adjoining public road by a person of average height.
YARD, FRONT. An open space extending the full width of the lot between a building and the front lot line, unoccupied and unobstructed from the ground upward except as hereinbefore specified. The depth of a FRONT YARD is the shortest distance, measured horizontally between any part of a building, exclusive of such parts herein excepted and the front lot line.
YARD, REAR. An open space extending the full width of a lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward except as hereinbefore specified. The depth of a REAR YARD is the shortest distance, measured horizontally between any pat of a building, exclusive of such parts herein excepted and the rear lot line.
YARD, SIDE. An open space between a building and a side lot line, unoccupied and unobstructed from the ground upward except as herein specified. The width of a SIDE YARD is the shortest distance, measured horizontally between any part of a building, exclusive of such parts herein excepted and the nearest side lot line.
(Prior Code, Art. 12) (Ord. 20-82, passed 9-28-1982; Ord. 29-82, passed 12-27-1983; Ord. 29-83, passed 12-27-1983; Ord. 17-86, passed 7-24-1986; Ord. 19-86, passed 9-15-1986; Ord. 36-87, passed 12-10-1987; Ord. 42-90, passed 11-27-1990; Ord. 4-92, passed 3-11-1992; Ord. 95-13, passed 7-27-1995; Ord. 97-17, passed 1-14-1998; Ord. 99-1, passed 3-24-1999; Ord. 2000-2, passed 2-9-2000; Ord. 08-2, passed 2-13- 2008; Ord. 2014-5, passed 5-14-2014; Ord. 2014-17, passed 12-2-2014; Ord. 2014-18, passed 12-17-2014; Ord. 2022-9, passed 9-22-2022)