For the purpose of this appendix, certain terms, phrases, words and their derivatives are herewith defined as follows:
Words used in the future tense include the present; words used in the present tense include the future; words used in the singular include the plural; words used in the plural include the singular; words used in the masculine include the feminine; words used in the feminine include the masculine; the word “shall” is mandatory; the word “may” shall be deemed as permissive.
“ACCESS POINT.”
1. A driveway, a local street, or a collector street intersecting an arterial street;
2. A driveway or a local street intersecting a collector street; or
3. A driveway or a local street intersecting a local street.
“ACCESSORY BUILDING OR USE, CUSTOMARY.” A “customary accessory building or use” is 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.
“ADULT DANCING ESTABLISHMENT.” A business wherein employees, agents, or independent contractors perform dance routines which include, but are not limited to any of the following: any dancing which exposes to view by patrons or spectators on the premises at any time the bare female breast below a horizontal line across the top of the areola at its highest point, which shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part, human genitals, pubic region or cleavage of the human buttocks, or human or simulated male genitals in a discernable turgid state, even if completely or opaquely covered, straddle dancing, lap dancing, face dancing, or any similar type of dancing known by any other name in which an employee, agent or independently contractor whether closed or not, uses any part of his or her body whether directly or through a medium, to massage, rub, stroke, knead, caress or fondle the genitals or pubic area of an employee in contact with, or approximate contact with, the face or any other area of the body of a patron, while on the premises. No general use descriptions set out elsewhere in this appendix shall be deemed or construed to include such use.
“ADULT DAY CARE CENTER OR FACILITY.” A facility which provides personal service care for adults for less than 24 hours per day, and because of age, slight mental or physical disability, or other reasons, must receive a supervised environment but who are mentally and physically capable of responding to an emergency situation with only minimal assistance.
“ADULT ENTERTAINMENT ESTABLISHMENT.” A business, including but not limited to motion picture theatre, massage parlor, adult book store or an adult dancing establishment, whose primary purpose is to offer adult oriented entertainment or matter as characterized by and emphasis on any of the following: less than completely and opaquely covered human genitals or pubic region, cleavage of the human buttocks, the bare female breast below a horizontal line across the top of the areola at its highest point, which shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part, human or simulated male genitals in a discernable turgid state, even if completely or opaquely covered, bestiality, erotic or sexual stimulation with object or mechanical devices, human genitalia in a state of sexual stimulation, arousal or tumescence, fondling or touching of human genitalia, pubic region, buttock, anus or female breast, act of human aniligus, cunnilingus, fellatio. Flagellation, masturbation, sadism, sadomasochism, sexual intercourse, sodomy, and any excretory functions as part of or in connection with any of the activities set forth above. No general use descriptions set out elsewhere in this appendix shall be deemed or construed to include such use.
“AGRICULTURE.” The use of 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 accessory use shall be secondary to that of the normal agricultural activities.
“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 rights-of-way which normally affords a secondary means of access to abutting property.
“ALTERNATIVE CELLULAR ANTENNA TOWER STRUCTURE.” Man-made trees, clock towers, bell towers, steeples, light poles and similar alternative-design mounting structures that accommodate, camouflage, or conceal the presence of cellular antennas or cellular antenna towers and that are constructed primarily for the purpose of accommodating cellular antennas or cellular antenna towers or are reconstructed for the purpose of accommodating cellular antennas or cellular antenna towers. This does not include structures erected for another primary purpose, but which subsequently have had cellular antennas attached to or located within them, without any reconstructions of the original structure.
“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 AREAS.” Any area used for the display, sale, or rental of new or used automobiles or trailers and where only minor incidental repair of those 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 appendix, coin operated devices, of the above nature, which are operated on a self-service basis shall be constructed to be the same.
“AUTOMOBILE SERVICE CENTER.” Any building or structure, where automotive service and repair is performed, providing all business activities are conducted within a completely enclosed building.
“BANQUET HALL.” See “EVENT FACILITY.”
“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.
“BOARD OF ADJUSTMENTS.” Board of Adjustments of the City.
“BODY PIERCING.” The act of penetrating the skin to make a hole, mark, or scar, generally permanent in nature. “BODY PIERCING” does not include the use of a mechanized, pre-sterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear or both. This definition does not include practices that are considered medical procedures by the Commonwealth of Kentucky, which may not be performed in a tattoo or body-piercing establishment.
“BUFFER AREA.” Areas so planned or zoned which act 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 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 DEPARTMENT.” Employees of the city, including the City Inspector/Zoning Administrator, and necessary support staff.
“BUILDING PERMIT.” A permit issued by the City Inspector/Zoning Administrator authorizing the construction or alteration of a specific building, structure, sign or fence.
“BUILDING SITE.” One contiguous piece of land that meets all of the provisions of the city’s ordinances, regulations, and codes for building on that site.
“BUILDING, ALTERATION OF.” Any change, addition or rearrangement in the 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.
“CAMPING/VACATION MOBILE UNIT.” Any coach, cabin, house trailer, house car or other vehicle or structure intended for, designed for, and used for temporary human habitation or sleeping purposes, mounted upon wheels or supports, or supported or capable of being moved by its own power or transported by another vehicle.
“CANOPY OR 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.
“CELLULAR ANTENNA.” Any structure or device used to collect or radiate electromagnetic waves, including both directional antennas, such as panels, microwave dishes and satellite dishes, and omni-directional antennas, such as whips, at frequencies on the electromagnetic spectrum as the FCC from time to time may designate, used for cellular telecommunications services and/or personal communications services, but not including such structures or devices when used for the broadcast of television or AM or FM radio stations or for citizens’ band or amateur radio use. Examples of cellular telecommunications or personal communications services include, but are not limited to, cellular telephone, paging, public safety, data transmission, Specialized Mobile Radio, Enhanced Specialized Mobile Radio, and other commercial private radio services.
“CELLULAR ANTENNA TOWER.” Any structure that is designed and constructed primarily for the purpose of supporting one or more cellular antennas. This includes guyed towers, lattice towers, monopoles, alternative cellular antenna tower structures, and towers taller than 15 feet constructed on the top of another building, along with any separate building on the lot used to house any supporting electronic equipment.
“CELLULAR OR WIRELESS COMMUNICATION SERVICES.” Personal communications accessed by means of cellular equipment and services.
“CHILD-CARE CENTER.” Any child-care center that provides full- or part-time care, day or night, to at least seven children who are not the children, grandchildren, nieces, nephews, or children in legal custody of the operator. “CHILD-CARE CENTER” shall not include any child-care facility operated by a religious organization while religious services are being conducted, or a youth development agency. For the purposes of this section, “YOUTH DEVELOPMENT AGENCY” means a program with tax-exempt status under 26 U.S.C. § 501(c)(3), which operates continuously throughout the year as an outside-school-hours center for youth who are six years of age or older, and for which there are no fee or scheduled-care arrangements with the parent or guardian of the youth served.
Statutory reference:
For similar definition, see KRS 199.894
“CHILD DAY CARE CENTER.” See “NURSERY SCHOOL”.
“CITIZEN MEMBER.” Any member of the Planning Commission or Board of Adjustments who is not an elected or appointed official or employee of the city.
“CITY INSPECTOR/ZONING ADMINISTRATOR.” The official appointed by the City Council to administer and enforce the building codes.
“CLINIC, ANIMAL.” A building used by medical persons for the treatment of small animals on an out-patient basis only, without animal runs.
“CLINIC, HUMAN.” 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 one or more cellular antennas for more than one provider on a single cellular antenna tower or alternative cellular antenna tower structure on a single lot.
“COMMISSION, PLANNING COMMISSION, OR PLANNING AND ZONING COMMISSION.” The City Planning and Zoning Commission.
“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 relations. 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 location size, extent and character of performance are imposed in addition to those imposed within this appendix.
“CONDITIONAL USE PERMIT.” Legal authorization to undertake a conditional use, issued by the City Inspector/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 appendix.
“CRITERIA.” Standards used as a means of judging or evaluating proposed development, site pans, and the like.
“CURB CUT.” Any interruption, or break in the line of a street curb in order to provide vehicular access to a street. In the case of streets without curbs, curb cuts shall represent construction of any vehicle access which connects to the street.
“DECIBEL.” A unit of measurement of the intensity (loudness) of sound. Sound level meters which are employed to measure the intensity of sound are calibrated in “DECIBELS”.
“DISTRICT.” Synonymous with “ZONE”.
“DOCKAGE FACILITY.” A recreational facility along a river or other body of water that receives boats for recreational purposes, fueling or repairs.
“DORMITORY.” A residence hall providing residences for individuals or groups.
“DRIVE-IN.” An establishment, such as a restaurant or theater, so laid out that patrons can be accommodated while remaining in their vehicles.
“DRIVE-THROUGH.”
1. An establishment, such as a restaurant, bank, dry cleaner or similar, serving customers in their vehicles that drive away after being served.
2. The lane by which drivers approach such an establishment.
“DWELLING.” Any building which is completely intended for, designed for, and used for residential purposes, but for the purposes of this appendix, 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 no less than two exterior walls fully exposed and not in common with the exterior walls of any other units.
“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, MULTI-FAMILY.” A residential building having three or more dwelling units, as separate housekeeping units.
“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 person or one family.
“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 OR RESTAURANTS.” An establishment selling food items ordered from a menu and prepared on the premises for immediate consumption. These “RESTAURANTS AND EATING ESTABLISHMENTS” shall include:
1. Carry-out or drive thru: An establishment offering food and beverages, which are prepared to be consumed off the premises..
2. Drive in: An establishment offering food and beverages where the consumption is encouraged while in a vehicle on the premises. Food is generally provided by "car-hop" or self-service.
3. Sit-down restaurants: Those restaurants which provide indoor seating arrangements, and prepare and sell foods and beverages to the customer in a ready to consume state with full or limited table service. This establishment may contain outdoor dining areas. This classification includes cafeterias and buffet-style service.
“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 alarm 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.
“EVENT FACILITY.” A facility rented out for private events, whether family, group or corporate in nature, where access by the general public is restricted. The term “EVENT FACILITY” does not include:
1. Nightclubs, dance clubs or taverns;
2. Eating and drinking places;
3. A public school, college, or university;
4. A church or funeral parlor;
5. Any use open to the general public;
6. Any use for which tickets are sold to individuals or groups; or
7. Private clubs, fraternities or sororities.
“FAMILY.” Any number of persons living together in the same household, related by blood, marriage, adoption or personal affinity, who share common living facilities and who are self-sufficient or are attended to primarily by other members of the same household.
“FAMILY CHILD-CARE HOME.” A private home that provides full- or part-time care, day or night, for six or fewer children who are not the children, siblings, stepchildren, grandchildren, nieces, or nephews in legal custody of the provider.
Statutory reference:
For similar definition, see KRS 199.894
“FENCE.” A structure made of wire, wood metal, masonry, or other material, including hedges.
“FILLING STATION.” See “SERVICE STATION”.
“FLOOD.” A general and temporary condition of partial or complete inundation of normally dry land areas from:
1. The overflow of inland waters;
2. The unusual and rapid accumulation of runoff of surface waters from any source; and
3. Mudslides (such as mudflows) which are proximately caused or precipitated by accumulations 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.
“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 floodways 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 exclusive of porches, balconies, and garages, 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 those uses and shall include all floors, lofts, balconies, mezzanines, cellars, basements, and similar areas devoted to those uses.
3. The “GROSS FLOOR AREA” shall not include floors used for parking space when that parking 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 an 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.
“FRONTAGE.” All the property abutting on one side of the right-of-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 by considered as acceptable for frontage.
“GARAGE, PRIVATE.” A building used for the storage of vehicles and clearly accessory to the principal use permitted.
“HEIGHT, ANTENNA TOWER.” The distance from the anchored base of the tower, whether on the top of another building or at grade, to the highest point of the structure, even if the highest point is the top of an antenna.
“HOME OCCUPATION.” An accessory use customarily conducted entirely within a dwelling, as permitted herein and further meeting all the requirements of this appendix.
“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 persons generally on an in-patient basis.
“HOTEL-MOTEL.” A building to be used for the temporary abiding place for travelers and transient guests.
“HOUSE TRAILER.” See “MOBILE HOME”.
“INOPERABLE VEHICLE.” A vehicle not able to be used or operated, or function effectively including but not limited to not having valid city, state, and insurance licenses or stickers.
“INTENSITY.” The level or degree of activity in uses such as residential, commercial, industrial, recreational, or parking. Intensity of measured by various characteristics, including, but not limited to: total area; number of items (such as chairs, occupancy, parking spaces, dwelling units, and the like); traffic generation; market (support) area; noise; and time (such as hours of operation, average length of stay, and the like).
“JUNK YARD.” An open area where waste materials are bought, sold, exchanged, stored, shredded, baled, packed, disassembled and the like, including, but not limited to, scrap metals, paper, rags, rubber tires, bottles, inoperative motor vehicles, and such.
“KENNEL.” An establishment (building or area) where dogs or other animals are bred, trained, or boarded.
“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 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 basements, 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 or unloading of 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 those accesses, yards, and open spaces required under this appendix.
“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, CORNER.” A lot situated at the intersection of two streets or on a curved street on which the interior angle of the intersection or curved street does not exceed 135 degrees.
“LOT, DEPTH OF.” The distance measured in the main direction of the side lot lines from 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 that has frontage on more than one street.
“LOT, INTERIOR.” A lot other than a corner lot with only one frontage on a deeded and occupied public right-of-way.
“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 that 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 line. 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 or 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 building front setback line.
“LOT, ZONING.” A single tract of land located within a single block, which (at the time of filing for a zoning or building permit) is designed by its owner or developer or as a tract to be used, developed, or built upon as a unit, under single ownership or control. Therefore, a “ZONING LOT” may or may not coincide with a lot of record.
“MINIMUM BUILDING SETBACK LINE.” A line parallel to the front, side, or rear lot line and set back from the lot line a sufficient distance as specified in this appendix, to provide, at minimum, the required yard space.
“MINIMUM FRONT YARD DEPTH.” The minimum distance required by this appendix to be maintained within the lot between a line parallel to the front lot line, as defined herein, and the front lot line.
“MINIMUM REAR YARD DEPTH.” The minimum distance required by this appendix 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 appendix to be maintained within the lot between a line parallel to the side lot line, as defined herein, and the side lot line.
"MOBILE FOOD VENDING." The sale of prepared food or beverages from a readily movable vehicle or cart. "MOBILE FOOD VENDING" shall not include the storage of any non-operational vehicle.
"MOBILE FOOD VENDING CART." A cart that is designed to be readily movable by pedestrian (pushcart) or bicycle power, and equipped to prepare, or serve, and sell food and beverages, but which does not include mobile food vending vehicles as defined herein.
"MOBILE FOOD VENDING VEHICLE." A retail food establishment that is not intended to be permanent and is a motorized wheeled vehicle, or a trailer that is licensed for use on public roadways, designed and equipped to serve food and beverages, operating in either a static or transitory location and serving the public. The sale and distribution of frozen milk, frozen dairy or ice confection products, candy, gum or other confection products shall be permitted for mobile food vending vehicles. "MOBILE FOOD VENDING VEHICLES" shall include food trucks, ice cream trucks, mobile canteens and similar, but does not include mobile food vending carts as defined herein.
“MOBILE HOME.” Any coach, cabin, 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 or capable of being moved or transported by another vehicle. For the purpose of this appendix, the removal of wheels or the attachment of a foundation to the mobile structure shall not change its classification.
“MOBILE HOME PARK.” Any lot, parcel, or premises, subdivided, designed, maintained, intended, or used to accommodate ten or more mobile homes, and meets the requirements as specified in this appendix. For the purpose of this appendix, any lot or premises used for the wholesale or retail sale of mobile homes shall not be included within this definition. 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 appendix.
“MODULAR HOUSING.” Housing manufactured off-site, often mass-produced and designed so that sections are interchangeable. For the purposes of this appendix, 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 appendix, but which does not conform to all of the regulations contained in this appendix 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.
“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.
“OFFICE.” A facility for a firm or organization that primarily provides professional, executive, management, or administrative services. This definition shall exclude medical offices with more than two licensed healthcare professionals, banks, savings and loan associations, and offices that are incidental to retail, production, storage, or other activities.
“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 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.
“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 regulations which encourage creative design to preserve the natural features and foliage of the site.
“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 stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.
“RESIDENTIAL CLUSTER DEVELOPMENT (RCD).” A large scale, unified land development which permits a clustering of attached and detached single-family residential dwellings, with common recreation/open spaces, through flexible regulations which encourage creative design to preserve the natural features, foliage, and other characteristics of the site.
“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, 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 their attendance.
“SERVICE FACILITIES, PUBLIC UTILITIES.” All facilities of public utilities operating under the jurisdiction of the Public Service Commission, the Department of Motor Transportation, or Federal Power Commission, and common carriers by rail, other than office space, garage and warehouse space and includes office space, garage space, and warehouse space when that space is incidental to a service facility.
“SERVICE STATION.” Any building, structure, or land used for the dispensing, sale or offering for sale at retail, of any automobile fuels, oils, or accessories and in connection with which is performed general automobile servicing other than body work.
“SIGN.” Any combination of letters, pictures, 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, or to service or entertainment offered upon those premises and located upon the premises where that sign is displayed.
“SIGN, FLASHING.” Any sign having a conspicuous and intermittent variation in the illumination of the sign.
“SIGN, FLAT.” Any sign which is attached directly, in rigid manner and parallel to the building wall.
“SIGN, GROSS AREA OF.” The entire area within a single continuous perimeter enclosing the limits of a sign. However, the perimeter shall not include any structural elements lying outside the limits of the sign and not forming an integral part of the display.
“SIGN, GROUND.” Any sign erected, constructed, or maintained directly upon the ground or upon uprights 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 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, embedded in, and extending upward 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 §§ 14.0 through 14.7, 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.
“STORY.” That portion of a building included between the surface of any floor and the surface of the floor next about 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 appendix, 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 that 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 separations at major intersections.
“STREET, FREEWAY.” A divided multi-line highway for through traffic with all crossroads separated in grades and with full control of access.
“STREET, FRONTAGE ROAD” or “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 that property. For the purposes of density calculations, a private street shall constitute the areas of its paved surface and sidewalks or the private right-of-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, driveways, 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 purposes into lots or parcels of five acres or more and not involving 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 that 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 appendix.
2. Outdoor swimming pools shall be deemed to consist of the following classes: private, semi-public, public and commercial, as follows:
A. Commercial: a swimming pool operated for profit, open to the public upon payment of a fee.
B. 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.
C. Public: A swimming pool operated by a unit of government for the general public.
D. 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 those organizations.
“TATTOO.” To place any design, letter, scroll, figure, symbol or any other mark upon or under the skin or any person with ink or any other substance resulting in the permanent coloration of the skin, including permanent make-up or permanent jewelry, by the aid of needles or any other instrument designed to touch or puncture the skin. This definition does not include practices that are considered medical procedures by the Commonwealth of Kentucky, which may not be performed in a tattoo or body piercing establishment.
“TAVERN.” Any establishment selling alcoholic and nonalcoholic beverages by the drink for consumption on the premises.
“TELECOMMUNICATION FACILITY.” The lot, tract, or parcel of land that contains the telecommunications antenna, its support structure, any accessory buildings, and parking, and may include other uses associated with and ancillary to telecommunications transmission.
“TRAILER.” See “CAMPING/VACATION MOBILE UNIT”.
“USE, PERMITTED.” A use which may be lawfully established, if permitted, in particular zone provided it conforms with all requirements of that zone.
“VARIANCE.” A departure from dimensional terms of the zoning regulation, pertaining to height, width, or location or structures and the size of yards and open spaces where such departure meets the requirements of KRS 100.241 to 100.247.
“YARD DEPTH, FRONT.” An area extending the full width of the lot or building site measured between a line parallel to the street right-of-way line intersecting the foremost point of any building excluding steps and unenclosed porches and the front lot line, as defined herein.
“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 herein, which intersects the rearmost point of any building excluding steps and unenclosed porches and the rear lot line.
“YARD WIDTH, SIDE.” An area between any building and the side lot line, as defined herein, extending from the front to the rear yard on or through lots or building sites from one front lot line to the other front lot line.
“ZONE.” An established area within the city for which the provisions of this appendix are applicable. (Synonymous with the word “DISTRICT”).
(Ord. 2017-6, passed 4-4-17; Am. Ord. 2017-5, passed 4-4-17; Am. Ord. 2019-4, passed 3-5-19; Am. Ord. 2020-1, passed 3-3-20; Am. Ord. 2021-15, passed 9-7-21; Am. Ord. 2022-10, passed 5-3-22)