(A) For the purpose of the zoning code, certain terms are herein defined. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural, words in the plural number include the singular; the word “person” includes association, firm, partnership, trust, governmental body, corporation, organization, as well as an individual; the word “structure” includes building; the word “occupied” includes arranged, designed or intended to be used; the word “shall” is always mandatory and not merely directive; the word “may” is permissive; and the word “lot” includes plat or parcel. For words or terms not defined in the following list, the following documents, or subsequent editions are hereby adopted by reference and may be used:
(1) The New Illustrated Book of Development Definitions, by Harvey S. Moskowitz and Carl G. Lindbloom; and
(2) A Glossary of Zoning, Development and Planning Terms, edited by Michael Davidson & Fay Dolnick, Planning Advisory Service Report Number 491-492.
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT. To stop the use of property intentionally. When the use of the property has ceased and the property has been vacant for 12 months, ABANDONMENT will be presumed unless the owner can show a diligent effort has been made to sell, rent or use the property for a legally permissible use.
ABUTTING. Having a common border with, or being separated from such a common border by a right-of-way, alley or easement.
ACCESS MANAGEMENT. The process of providing and managing access to land development while preserving the flow of traffic in terms of safety, capacity and speed.
ACCESSORY APARTMENT. A dwelling unit that has been added onto, or created within, a single-family home.
ACCESSORY STRUCTURE. A subordinate structure, detached from, but located on the same lot as a principal building. ACCESSORY STRUCTURES include garages, decks and similar structures.
ACCESSORY USE. A use of land or building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.
ADULT DAY CARE FACILITY. A facility providing care for elderly and/or functionally impaired adults in a protective setting for a portion of a 24-hour day.
ADULT ENTERTAINMENT.
(a) Forms of entertainment, including, but not limited to, the following uses: adult book stores; adult motion picture theaters; and adult dancing establishments.
(b) These uses are hereby more specifically defined.
1. ADULT BOOK STORE. An establishment having as a substantial or significant portion of its stock in trade, books, magazines, video tapes, motion pictures or audio tapes and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
2. ADULT DANCING ESTABLISHMENT. A public or private establishment, which is licensed to serve food and/or beverages, which feature topless or bottomless dancers, strippers or similar entertainers where specified anatomical areas are visible.
3. ADULT MOTION PICTURE THEATER. An enclosed building or open area used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
4. SPECIFIED ANATOMICAL AREAS. Less than completely and opaquely covered:
a. Human genitals, pubic region;
b. Buttock;
c. Female breast below a point immediately above the top of the areola; and
d. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
5. SPECIFIED SEXUAL ACTIVITIES. Human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
AGRICULTURAL MARKET. The seasonal selling or offering for sale, at retail, of homegrown vegetables, produce or fruit, dairy products and other consumables, occurring in a designated area, outside of a public right-of-way, where the vendors are generally individuals who have raised the produce or accepted the same on consignment for retail sale.
AGRICULTURAL USE.
(a) The use of:
1. A tract of land 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, wineries, including provisions for dwellings for persons and their families who are engaged in the above agricultural use on the tract, but not including residential building development for sale or lease to the public.
2. Regardless of the size of the tract of land used, small wineries licensed under KRS 243.155;
3. A tract of at least five contiguous acres used for the following activities involving horses:
a. Riding lessons;
b. Rides;
c. Training;
d. Projects for educational purposes;
e. Boarding and related care; or
f. 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.
4. A tract of land used for the following activities involving horses:
a. Riding lessons;
b. Rides;
c. Training;
d. Projects for educational purposes;
e. Boarding and related care; or
f. 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.
(b) This definition shall only apply to acreage that was being used for these activities before the effective date of this chapter (7-13-2004).
(c) AGRICULTURAL USE shall also include the keeping or breeding of any animal for the purpose of human consumption.
AIRPORT. A place where aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair and various accommodations for passengers.
ALLEY. A public or private vehicular way which affords a means of access to the rear or side of properties adjacent to it and not intended for general traffic circulation.
AQUACULTURE. The hatching, raising and breeding of fish or other aquatic plants or animals for sale or personal use.
ARTISAN WORKSHOP. An establishment for the preparation, display and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leather craft, hand woven articles and related items.
ASSISTED LIVING FACILITY. A structure or structures with sleeping rooms for unrelated individuals, requiring minimal medical supervision, usually with communal living space and kitchen. Where cooking equipment or provisions for the same are included in a sleeping room, such rooms shall be deemed a dwelling unit. Facilities may also include office and sleeping rooms for staff members.
AVERAGE SETBACK. The mean setback from a property line to building(s) on a lot. The average setback is determined by measuring the setbacks of all principal structures within a specified distance, as set out elsewhere in this chapter, of the site.
BANNER. Any sign applied to cloth, paper, flexible plastic or fabric of any kind, with only such material as a backing and containing no framework other than any supporting pole or poles.
BASEMENT. The portion of a building, between the floor and the ceiling, which is partly or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A BASEMENT shall not be counted as a story.
BED AND BREAKFAST. An establishment providing lodging and meals in a residential setting for not more than six overnight guests. Employees shall be limited to residents of the structure.
BERM. A mound of earth, a minimum of two feet in height, used to shield, screen and buffer undesirable views and to separate incompatible land uses.
BIKEWAY. A pathway, often paved and separated from streets and sidewalks, designed to be used by bicyclists.
BOARDING HOUSE. A dwelling unit or part thereof in which, for compensation, lodging and meals are provided; personal and financial services may be offered as well.
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 AREA. A strip of land which is located along the perimeter of a piece of property and is a minimum of five feet wide and contains all perimeter landscaping as specified in this zoning code.
BUILDING. A structure having a roof, affixed to the land intended to be used for sheltering people, animals, property or business activity.
BUILDING HEIGHT. The vertical distance from finished grade to the top of the highest roof beams on a flat or shed roof, the deck level on a mansard roof, and the average distance between the eaves and the ridge level for gable, hip and gambrel roofs.
BUILDING SETBACK LINE. A line in the interior of a lot, which is generally parallel to, and a specified distance from, the street right-of-way line or property lines. No building shall then be placed in the space between the BUILDING SETBACK LINE and right-of-way.
BULLETIN BOARD. A sign which allows the manual or electronic changing of the copy material and is used to notify the public of non-commercial events or occurrences such as church services, political rallies, civic meetings or similar events.
BUSINESS, TECHNOLOGY AND RESEARCH CENTER. A working environment for research and development institutions, offices and certain specialized production and assembly establishments along with other specialized uses, all of a non-nuisance type.
CAMPGROUND. Any area or tract of land designed or used to accommodate two or more camping parties including tents, camping trailers, recreational vehicles or other camping outfits and meeting the following provisions:
(a) It shall have a minimum area of five acres;
(b) Entrances and exits to campgrounds shall be designed for safe and convenient movement of traffic into and out of the property and to minimize friction with free movement of traffic on adjacent streets. No parking, loading or maneuvering of vehicles utilizing the campground may occur on a public street or right-of-way. An entrance station, office, or check-in station shall be provided at least 100 feet off any public right-of-way. The entrance access shall consist of two travel lanes at least 12 feet wide each and one parallel parking area at least 12 feet wide for temporary parking of vehicles;
(c) Internal access roads shall have a hard surface such as asphalt or concrete and have a minimum width of 12 feet for one-way traffic or 24 feet for two-way traffic. No parking shall be allowed on access roads. The radii of curbs and pavement at intersections shall facilitate easy turning movements for vehicles with trailers attached. The radii are subject to the approval of the City Engineering and Fire Departments;
(d) No mobile or manufactured homes shall be permitted for any purpose. One permanent, site-built dwelling shall be permitted for housing an employee of the campground;
(e) Spaces shall be rented by the day or week only and an occupant of a space shall not remain in the same campground more than three months in any 12-month period. The only exception is one space that may be occupied continuously by an employee of the campground;
(f) Accessory uses such as a management office, recreational facilities, coin operated laundry facilities and shower/washroom facilities are permitted provided they are for the exclusive use of visitors to the campground and clearly incidental to the campground;
(g) Prior to any development activity, a development plan must be reviewed and approved by the Planning Commission. Site planning and improvements shall provide for:
1. Facilities and amenities appropriate to the needs of the occupants; and
2. Safe, comfortable, convenient and sanitary uses by occupants under all weather conditions to be expected during periods of occupancy. The development plan is subject to the approval of all city departments and utility providers.
(h) Individual camping spaces must have a minimum area of 1,000 square feet. Only one RV, camper or tent is permitted in each camping space. Multiple tents are permitted in an area that is permanently designated for tent camping only;
(i) Camping spaces on the periphery of the development shall maintain the same distance from the property lines as the minimum setback requirement for the underlying zoning district;
(j) All utilities must be placed underground. Fire hydrants must be provided within the campground as required by the Fire Department;
(k) At least one dump station must be provided. Vehicles using the dump station cannot block other vehicles entering or exiting the campground. Ground disposal of drain water or wastewater is prohibited at all times. Temporary restroom facilities are not permitted at any time;
(l) At least one dumpster or other suitable trash/garbage collection system must be provided within a reasonable distance of all campground users. It must be within an enclosure that provides screening from adjacent properties and public rights-of-way. Individual containers may be provided at each camp site. Containers cannot be allowed to overflow; and
(m) The Planning Commission may waive any of these requirements if a suitable alternative is provided.
CANDLEPOWER. Luminous intensity expressed in candelas.
CANOPY. A roof-like structure intended to temporarily protect automobiles and their occupants while pumping gasoline or entering and exiting a building.
CEMETERY. Land used for the burial of the dead, including mausoleums, necessary sales buildings and maintenance facilities.
CERTIFICATE OF OCCUPANCY. A document issued by the Department allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with applicable codes and ordinances.
CHILDCARE CENTER. A facility providing regular shelter, care, activity and supervision (with or without academic instruction) for minor children in compliance with state law. Facilities are classified by type as follows:
(a) TYPE 1.
1. A building other than a dwelling unit which regularly receives four or more children; or
2. Including a dwelling unit, which regularly provides care for 13 or more children.
(b) TYPE 2.
1. A dwelling unit that is the full time residence of the licensee; and
2. Regularly provides care apart from the parents for seven, but not more than 12 children.
CHILDCARE, IN HOME. A private dwelling unit, that is the full time residence of the provider, in which not more than six minor children are given care and supervision for periods of less than 24 hours a day. Exception: children related to an adult member of the family by blood, marriage or adoption.
CHURCH. A building wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory uses and buildings such as multi-purpose centers, childcare centers, customarily associated with the primary purpose. CHURCH includes synagogues, temples, mosques, sanctuaries or other such places for worship and religious activities.
CLUB, PRIVATE. Buildings and facilities, the purpose of which is to render a social, educational or recreational service to members and their guests and not primarily to render a service customarily carried on as a business or to render a profit. PRIVATE CLUB shall include country club. PRIVATE CLUBS must supply an approved copy of articles of incorporation, by-laws and other appropriate documentation to the Department.
COFFEE HOUSE. An informal restaurant primarily offering coffee, tea and other beverages, and where light refreshments and limited menu meals may also be sold.
COMMERCIAL WAREHOUSE. A building or portion thereof, used for storage of any property not permitted in a residential storage warehouse. This shall not be deemed to include the storage area in connection with a purely retail business when located on the same property.
COMMUNITY RESIDENCE. A building or part thereof, with sleeping rooms available for more than six unrelated individuals, with or without compensation. Where cooking equipment or provisions for the same are included in a sleeping room, such room shall be deemed a dwelling unit. Halfway houses are not to be considered as COMMUNITY RESIDENCES.
CONDOMINIUM. The ownership of individual dwelling units located on a lot or lots which are owned in common by individual unit owners, or any division of the interest in real property, including easements, that have the effect of permitting more than one dwelling unit on a lot without the division of the fee simple interest in said lot.
CORRECTIONAL FACILITY. A facility providing custodial care and treatment in a protective living environment for persons residing voluntarily or by court placement, including, without limitation, correctional and post correctional facilities, juvenile detention facilities and temporary detention facilities.
COVENANT, PRIVATE. An agreement binding and restricting the land of present owners and subsequent purchasers. They are enforced only by the landowners involved and not by the city or other public agency.
DATA PROCESSING FACILITY. A facility where electronic data is processed by employees, including, without limitation, data entry, storage, conversion or analysis, subscription and credit card transaction processing, telephone sales and order collection, mail order and catalog sales and mailing list preparation.
DENSITY. The number of dwelling units per acre.
DENSITY BONUS. The granting of the allowance of additional density in a development in exchange for the provision, by the developer, of other desirable amenities from a public perspective (e.g., public open spaces, plazas, art, landscaping, parks, walkways and similar amenities).
DENSITY, GROSS. The numerical value obtained by dividing the total number of dwelling units in a development by the area within the boundaries of a particular development, excluding nothing.
DENSITY, NET. The numerical value obtained by dividing the total number of dwelling units in a development by the area of the actual tract of land (in acres) upon which the dwelling units are proposed to be located not including common open space, other land uses and associated recreational facilities within the area; the result being the number of dwelling units per net residential acre of land. Net density calculations exclude rights-of-way of publicly dedicated streets and private streets.
DEPARTMENT. The Department of Planning and Development for the City of Elizabethtown, Kentucky.
DEVELOPMENT PLAN. A drawing containing written and graphic material for the provision of a development, including any or all of the following: location and bulk of buildings and other structures, intensity of use, density of development, streets, driveways, parking facilities, signs, drainage or 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.
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.
DORMITORY. A building used as group living quarters for a student body or religious order as an accessory use for a college, university, boarding school, convent, monastery or other similar institutional use.
DUMPSTER. A container that has a hooking or similar mechanism that permits it to be raised and the contents deposited into a waste hauling vehicle.
DWELLING UNIT. A room or rooms, connected together, constituting a separate, independent housekeeping establishment for a family (for owner occupancy or rental, lease or other occupancy on weekly or longer terms), physically separated from any other rooms or dwelling units that may be in the same structure and containing its own independent kitchen and sleeping facilities.
EASEMENT. A grant by a property owner to the use of land by the public, a corporation or persons, for specific purposes such as the construction of utilities, drainage ways and roadways.
EASEMENT, ACCESS. An easement created for the purpose of providing vehicular or pedestrian access to or across a property.
EASEMENT, CONSERVATION. The grant of a property right stipulating that the described land will remain in its natural state and precluding future or additional development.
ENCROACHMENT. Any obstruction or illegal or unauthorized intrusion in a delineated floodway, right-of-way or on adjacent land.
EVENTS CENTER. The use of a property for the conduct of special events of a limited size and number. SPECIAL EVENTS are defined as wedding receptions, luncheons, meetings, fundraising proceedings for not-for-profit organizations or similar activities.
FAMILY. One or more persons occupying a single dwelling unit, as a single housekeeping unit, provided that unless all members are related by blood, marriage or adoption, no such family shall contain over six persons, including any roomers, boarders and/or domestic servants. A home for independent living with support personnel that provides room and board, personal care and habilitation services in a family environment as a single housekeeping unit for not more than six resident elderly or disabled persons (mentally and/or physically impaired) with at least one, but not more than two resident staff persons shall be considered a FAMILY.
FEEDLOT. A lot or building or combination of lots, and buildings, intended for the confined breeding, raising or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. For purposes of this chapter, open lots used for the feeding and rearing of poultry (poultry ranges) shall be considered to be animal feedlots. Pastures shall not be considered animal feedlots under these rules. Manure storage areas on or off the site of the feedlot will be considered as a FEEDLOT.
FENCE. A continuous barrier intended to prevent escape or intrusion or to mark a boundary, but not including hedges, shrubs, trees or other natural growth.
FLEA MARKET. An outdoor commercial activity, not including shopping centers, individual retail operations or sales conducted by a nonprofit or charitable organization, that is open to the general public and composed of semi-enclosed or outdoor stalls, rooms, stands or spaces used for the purpose of display and sale, exchange or barter of merchandise.
FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of the exterior walls or from the centerline of wall separating two buildings, but not including:
(a) Attic space providing headroom of less than seven feet; and
(b) Basement space.
GARAGE, PRIVATE. A space or structure, including a carport, on the same lot with or in the building to which it is accessory, primarily for the storage of automobiles of the residents of the premises.
GOLF COURSE. A facility other than a miniature golf course for the playing of golf at which there may be a clubhouse including restrooms, locker rooms and a pro shop. A GOLF COURSE may provide additional services customarily furnished such as swimming, outdoor recreation and golf related retail sales that may include a restaurant and lounge if approved as a part of the development.
GOLF COURSE, MINIATURE. A theme oriented recreational facility, typically comprised of nine or 18 putting greens, each with a cup or a hole, where patrons pay a fee to play.
GOLF DRIVING RANGE. A limited area on which golf players do not walk, but onto which they drive golf balls from a central tee area.
GROCERY. Food markets or combination food markets and department stores greater than 5,000 square feet in floor area.
HALFWAY HOUSE. A facility, licensed or unlicensed, for persons on release from more restrictive custodial confinement or initially placed in lieu of such more restrictive custodial confinement, where supervision, rehabilitation and counseling are provided to mainstream said persons back into society, enabling them to live independently.
HEALTH CLUB. An establishment that provides facilities for aerobic and anaerobic exercises, running and jogging, exercise equipment, game courts, swimming facilities, saunas, showers, massage rooms and lockers and other similar services.
HEIGHT. The vertical distance of a structure measured from the average elevation of the finished grade surrounding the structure to the highest point of the structure.
HOME OCCUPATION. An occupation or professional service operated from a dwelling unit, excluding barber shops and beauty shops with more than one station/chair, but only when said occupations are performed under all of the following conditions:
(a) The use is clearly incidental and secondary to use for dwelling purposes;
(b) The use is conducted entirely within the dwelling unit or enclosed accessory structure;
(c) The use does not require external alteration of the dwelling unit;
(d) The use is carried on only by residents of the dwelling unit; may have employees but they may not work from the dwelling unit;
(e) The use does not entail any exterior display of merchandise or product;
(f) The use does not generate traffic in greater volumes than would normally be expected in a neighborhood;
(g) The use creates no nuisance, offensive noise, vibration, smoke, dust, odors, heat, glare or electrical disturbance; and
(h) One commercial vehicle, less than 7,500 GVW, associated with the business use, may be located at the residence.
HOMELESS SHELTER. A facility providing temporary housing to indigent, needy, homeless or transient persons; may also provide ancillary services such as counseling, vocational training and similar services.
HOMEOWNERS ASSOCIATION. A community association, other than a condominium association, that is organized in a development in which individual owners share common interests and responsibilities for costs and upkeep of common open space or facilities.
HOSPITAL. An institution where sick or injured persons are provided medical care and in the course of the same are housed overnight and provided nursing and related services. This definition shall not include drug rehabilitation facilities, halfway houses, convalescent or nursing homes, institutions for mentally ill individuals or other similar facilities.
HOTEL. A building or structure where sleeping accommodations are kept, used, maintained, advertised or held out to and are furnished to the public for transient lodging and which has a registration desk. This term includes motels, and similar establishments, but does not include bed and breakfast establishments, short-term rentals, boarding houses, community residences, nursing homes or assisted living facilities.
IMPERVIOUS SURFACE. Any hard surfaced, human-made area that does not readily absorb or retain water, including, but not limited to, building roofs, parking and driveway areas, graveled areas, sidewalks and other paved areas.
IMPERVIOUS SURFACE RATIO. All impervious surfaces such as buildings, roads, parking areas and patios that increase storm water runoff divided by total lot area.
(I.S.R. ) | = | Total Impervious Surface Area Total Lot Area |
INCIDENTAL USE. Subordinate and minor in significance and bearing a reasonable relationship with the primary use.
INSTITUTIONAL USE. A nonprofit, religious, or public use, such as a church, library, public or private school, hospital or government owned or operated building, structure or land used for public purpose.
JUVENILE DETENTION FACILITY. A public facility or institution exclusively for the incarceration of non-adults awaiting trial or sentencing or serving a court imposed sentence.
KENNEL. An establishment for the commercial breeding and/or boarding of six or more domestic animals for profit. DOMESTIC ANIMALS include dogs, cats, rabbits and the like. Animals commonly defined as livestock, horses, cattle, goats, pigs and the like are not defined as domestic animals. The establishments may consist of indoor or outdoor facilities including, but not limited to, pens, runs and fenced areas.
KRS. Kentucky Revised Statues, Chapter 100 is the state enabling legislation relating to Planning Commissions, Board of Zoning Adjustments, zoning ordinances and subdivision regulations.
LAUNDRY. A facility where clothing and similar textiles are washed, dried or dry cleaned.
LAUNDRY, SELF SERVICE. A facility where patrons wash and dry clothing or other textiles in machines operated by the patron.
LIBRARY. A public facility for the use, but not sale, of literary, musical, artistic or reference materials.
LIVESTOCK.
(a) All cattle or animals of the bovine species;
(b) All horses, mules, burros and asses or animals of the equine species;
(c) All goats or animals of the caprine species;
(d) All swine or animals of the porcine species; and
(e) All sheep or animals of the ovine species.
LOT. A portion of a subdivision or other parcel of land intended for transfer of ownership or for building development. Generally LOTS are the basic unit of a subdivision plan, i.e., the smallest division of a plan designed to be owned by one person.
LOT, CORNER. A lot abutting upon two or more streets or abutting upon two adjoining and deflected lines of the same street and thereby forming an interior angle of less than 135 degrees. CORNER LOTS shall be construed to have front yards along each abutting street, one rear yard and one side yard.
LOT, DEPTH. The average horizontal distance between the front and rear property line of a lot.
LOT LINE. The lines bounding a lot as defined herein.
LOT LINE, FRONT. The property line dividing a lot from a street.
LOT LINE, REAR. The line opposite the front lot line.
LOT LINE, SECONDARY FRONT. The property line on a corner lot dividing the side exposure of a principal structure from a street or the rear of the principal structure in the case of a lot with three front yards.
LOT LINE, SIDE. Any lot line, other than a front or a rear lot line.
LOT, THROUGH. A lot having frontage on two nonintersecting streets, as distinguished from a corner lot.
LOT WIDTH. Generally, the distance, measured along the building setback line, between the two side property lines of a lot; although, at times the measurement will be along the right-of-way or rear property line.
MANUFACTURED HOUSING. A factory built, single-family structure that is manufactured under the authority of 42 U.S.C. § 5401, the National Manufactured Home Construction and Safety Standards Act, is transportable in one or more sections, is built on a permanent chassis, and is used as a place of human habitation; but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame. MANUFACTURED HOUSING is further divided into two sub types:
(a) TYPE 1. Structures meeting the above definition of manufactured housing.
(b) TYPE 2. A transportable structure suitable for year round single-family occupancy and having water, electrical and sewage connections similar to those of conventional dwellings and having a permanent hitch and axle integral to the chassis structure. The removal of the hitch and axle does not render the structure a Type 1 structure.
MANUFACTURED HOUSING DEVELOPMENT. A parcel of land, containing spaces with required improvements and utilities for the long term placement of Type 2 manufactured housing for non-transient use that may include services and facilities for the residents. The spaces may be rented, owned individually or sold as condominiums. Recreational vehicles, campers and trailers are not permitted to be uses as housing.
MASTER SITE PLAN. A conceptual site plan indicating the physical and functional interrelationships between uses and facilities on a site for those projects, series of projects, phased developments or developments occurring over a period of years, or which are of such a size or complexity or duration so as to make independent site plan review lead to segmented and inconsistent conditions or approvals.
MICROBREWERY. Any place or premises where malt beverages are manufactured for sale, either on premises or off premises, in quantities not to exceed 25,000 barrels in one year.
MULTI-FAMILY DWELLING. A building or buildings containing three or more units, including units that are located adjacent to or one over the other and on the same parcel.
MURAL. A graphic displayed on the exterior of a building or other structure, fence or wall, generally for the purposes of decoration or artistic expression, including, but not limited to, paintings, frescos or mosaics.
MUSEUM. A building having public significance by reason of its architecture or former use or occupancy or a building serving as a repository for a collection of natural, scientific or literary curiosities or objects of interest, or works of art, arranged, intended and designed to be used by member of the public for viewing, with or without an admission charge, and which may include as an accessory use the sale of goods to the public as gifts or for their own use.
NEIGHBORHOOD CENTER. A structure where people living in the same subdivision development may carry on cultural, recreational or social activities. The CENTER may contain private pools, tennis courts or similar features. It may not be rented out to non-residents.
NON-CONFORMING LOT. A lot, the area, dimensions, or location of which was lawful prior to the adoption, revision or amendment of the zoning regulations but that fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.
NON-CONFORMING SIGN. Any sign lawfully erected and maintained prior to the adoption, revision or amendment of the zoning regulations but that fails by reason of such adoption, revision or amendment to conform to the present requirements of this chapter or amendment thereto.
NON-CONFORMING STRUCTURE. A structure or building, the size, dimensions or location of which was lawful prior to the adoption, revision or amendment to the zoning regulations but that fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.
NON-CONFORMING USE. An activity which lawfully existed before the adoption, revision or amendment of the zoning regulations, but that fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.
NURSING HOME. A facility established for profit or nonprofit, which provides nursing care and related medical services on a 24-hour per day basis to two or more individuals because of illness, disease, physical or mental infirmity; provides care for those persons not in need of hospital care.
OFFICE. A building whose use is for businesses, professional associations, governmental agencies, civic, social and fraternal groups, political, religious and charitable organizations, medical, dental, veterinary practices and similar uses.
OFFICE BUILDING. A building used primarily for offices that may include ancillary services for office workers, such as a restaurant, coffee shop, newspaper or food service area.
OFFICE PARK. A development that contains a number of separate office buildings, supporting uses and open space designed, planned, constructed and managed on an integrated and coordinated basis.
OPEN SPACE. Any land or area, the preservation of which in its present use would:
(a) Conserve and enhance natural or scenic resources;
(b) Protect streams or water supply;
(c) Promote conservation of soils, wetlands, woodlands or forested areas;
(d) Enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries; and
(e) Enhance recreation opportunities.
OUT PARCEL. A parcel reserved for the development of a freestanding commercial use that shares parking, ingress/egress and/or other business activities with a shopping center or regional enclosed shopping center (mall).
OUTDOOR DISPLAY AREA. The placement of goods for sale or advertisement, outside of the building or structure, including, but not limited to, vehicles, garden supplies, gas, tires, motor oil, food, beverages, boats, farm equipment, motor homes and clothing.
PARK. A non-commercial, not for profit facility designed to serve the recreation needs of the residents of the community. Facilities include subdivision recreation facilities (neighborhood parks), community parks, regional parks and special use facilities. Such facilities may also include, but are not limited to, school and religious institution facilities such as playgrounds, softball fields, baseball fields, football fields, soccer field and similar uses.
PARKING LOT/AREA. An off-street area used for the parking of any type of vehicle, including, but not limited to, parking lots, loading and unloading areas and service areas. Driveways, access ways, aisles and maneuvering areas are also considered a part of the PARKING LOTS OR AREAS.
PARKING SPACE. A space on private land, accessible from a street or alley, not less than nine feet wide and 18 feet long, exclusive of passageways.
PERSON WITH A DISABILITY. A person with a physical, emotional or mental disability including, but not limited to, mental retardation, cerebral palsy, epilepsy, autism, deafness or hard of hearing, sight impairments and orthopedic impairments, but not including, convicted felons or misdemeanors on probation or parole or receiving supervision or rehabilitation services as a result of their prior conviction, or mentally ill persons who have pled guilty but mentally ill to a crime or not guilty by reason of insanity to a crime. PERSON WITH A DISABILITY does not include persons with current illegal use of or addiction to alcohol or any controlled substance as regulated under KRS Chapter 219A.
PERVIOUS SURFACE. A surface that presents an opportunity for precipitation to infiltrate into the ground.
PORCH. A covered but unenclosed projection from the wall of a building that may or may not use columns or other ground supports for structural purposes. Screening does not constitute enclosure.
PRINCIPAL STRUCTURE. A building in which is conducted a principal or conditional use. In any residential zone, any structure containing a dwelling unit shall be deemed a PRINCIPAL STRUCTURE on the lot on which the same is located. Where a non-conforming use is the primary use on the property, the building in which it is located shall be deemed a PRINCIPAL STRUCTURE.
PROFESSIONAL SERVICE. An occupation that provides technical information, managerial or financial assistance, secretarial and similar or other related office work.
QUARRY. An open pit from which building stone, sand, gravel, mineral or fill is taken to be processed for commercial purposes.
RECREATION, ACTIVE. Recreation requiring some constructed facilities and organized activities.
RECREATION, PASSIVE. Recreation that involves existing natural resources and has a minimal impact on the environment.
RECREATIONAL VEHICLE (RV) PARK. A commercial use providing space and facilities for two or more motor homes or other recreational vehicles for recreational use or transient lodging.
RECYCLING CENTER. A lot or parcel of land, with or without buildings, upon which used materials are separated and processed for shipment for eventual reuse in new products.
RECYCLING COLLECTION POINT. An enclosed structure, container or trailer, used for the collection, storage and preparation for shipping, but not the processing of aluminum, glass, paper, plastic and other similar items. The collection, storage or processing in any manner or form of inoperable vehicles is strictly prohibited under the terms and intent of this definition. All storage and preparation of collected materials shall be within the enclosed structure, container or trailer.
REGIONAL ENCLOSED SHOPPING CENTER (MALL). A structure that when entered shall provide access to all retail establishments within while not requiring exiting the structure.
RESIDENTIAL CARE FACILITY. A residence operated and maintained by a sponsoring private or governmental agency to provide “services” in a homelike setting for persons with disabilities. SERVICES means, but is not limited to, supervision, shelter, protection, rehabilitation, personal development and attendant care.
RESIDENTIAL STORAGE FACILITY. A building or portion thereof, designed or used exclusively for storing the excess personal property of an individual or family when such is not located on the lot with their residence, such as passenger motor vehicles, house trailers, motorcycles, boats, campers and other items of personal property generally stored in residential accessory structures. This shall not include the storage of any merchandise, stock furnishings or vehicles of a business of any kind.
RETAIL DRINK LIQUOR ESTABLISHMENT. An establishment used primarily for the serving of alcoholic beverages by the drink to the general public and where food or packaged alcoholic beverages may be served or sold only as accessory to the primary use.
RETAIL MALT BEVERAGE ESTABLISHMENT. Any place or premises where malt beverages are sold to consumers for consumption on premises or off premises.
RETAIL PACKAGE LIQUOR SALES. Any place or premises where brewed, fermented or distilled spirits in their original containers are sold to consumers for consumption off premises and not for consumption on site.
SALVAGE YARD. A facility or area for storing, keeping, selling, dismantling, shredding, compressing or salvaging scrap or discarded material or equipment.
SECURITY HOUSE. A structure used as pedestrian or vehicular control points for a private development and occupied by watchman, caretakers or mechanical devices. The location of the structure may be determined by the Board of Adjustment, but under no conditions shall the structure or any appurtenance be located within or projecting into the public right-of-way.
SEXUALLY ORIENTED BUSINESS. An adult entertainment business, adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, escort agency, nude model studio or sexual encounter center. Further definition of these terms can be found in the Chapter 118 of this code of ordinances.
SHOPPING CENTER. A group of commercial establishments planned, constructed and managed as a total entity, with customer and employee parking provided on site, and signage in accordance with an approved plan. SHOPPING CENTERS are separated into the following categories.
(a) COMMUNITY SHOPPING CENTER. Contains retail and service establishments, has one or more anchor tenants and contains between 50,000 to 250,000 square feet of lease space, including out parcel spaces.
(b) CONVENIENCE CENTER. Contains light retail and service establishments offering goods necessary to meet daily needs of the immediate area and contains 15,000 square feet or less of lease space, including out parcel spaces.
(c) NEIGHBORHOOD SHOPPING CENTER. Contains light retail and service establishments offering goods necessary to meet daily needs and contains between 15,000 to 50,000 square feet or less of lease space, including out parcel spaces.
(d) REGIONAL SHOPPING CENTER. Contains a wide range of retail and service establishments, has one or more anchor tenants and contains more than 250,000 square feet of lease space, including out parcel spaces.
SHORT-TERM RENTAL, OWNER OCCUPIED. A residential dwelling unit, or portion thereof, that is owner occupied and is rented, leased or otherwise assigned for a tenancy of less than 30 consecutive days at one time to a guest or group of guests and where no meals are served. This term does not include hotel, motel, bed and breakfast establishments, boarding houses or community residences.
SHORT-TERM RENTAL, NON-OWNER OCCUPIED. A residential dwelling unit, or portion thereof, that is not owner occupied and is rented, leased or otherwise assigned for a tenancy of less than 30 consecutive days at one time to a guest or group of guests and where no meals are served. This term does not include hotel, motel, bed and breakfast establishments, boarding houses or community residences.
SIGHT TRIANGLE. A triangular shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. Triangle dimensions are based street classifications.
SIGN. Any writing, pictorial representation, form, emblem, trademark, flag, banner, decoration (including material used to differentiate the sign copy from the background) or any figure which is written, printed, projected, painted, constructed or otherwise displayed upon or designed into a building, board, plate, canopy, awning, window, vehicle or upon any object or device which by reason of form, color, wording, symbol, design, illumination, motion or other characteristic or designed to attract attention to the subject thereof or is used as a means of identification, advertisement, announcement or of illustrating products.
SIGN, ABANDONED. A sign, the use for which it represents having been discontinued for a period of 30 consecutive days.
SIGN, AREA OF. The total area of the sign face, when faces are placed back to back or in a “V” configuration and only one face is visible to passersby at any time, which is used to display a message or attract attention, not including its supporting structures. Should a sign contain three or four faces the area is determined by summing the area of all sides of the sign face and dividing by two.
SIGN, AUCTION. A sign announcing the sale of property (real estate) and may be located upon the premises of the property for which the sale will be conducted or may be located off premises of the sale. If located off premises, the signs may not be erected more than 30 days prior to the sale and must be removed within three days after the sale.
SIGN, COMMERCIAL. Signs, whose language is intended to advertise goods, products or services located on the premises where the sign is installed.
SIGN, CONSTRUCTION. A sign identifying the project name, architect, engineer, contractor, financing company, material supplier or others engaged in work on the construction site on which the sign is located. Leasing information, renderings and similar copy shall also be permitted.
SIGN, DIRECTIONAL. A non-commercial sign of an instructional nature, such as “parking”, “exit” or “entrance”, displayed solely for the convenience of the public. Such signs shall contain no business advertising, product trade name identification of listing of any product sold or offered on the premises. Signs may include a logo.
SIGN, HEIGHT. The vertical distance measured from the highest point of the sign including the frame and any embellishments and the established grade at the sign or the adjacent street, whichever is greater.
SIGN, INCIDENTAL.
(a) A small sign, limited to information and directions related to the permitted use on the lot or building on which the sign is located and containing no direct illumination.
(b) Examples of incidental signs would include “no smoking”, “restroom”, “no solicitors”, “no trespassing”, “self-service”, “vacancy”, credit card acceptance signs, signs attached to gasoline pumps, A-frame and similar signs when located no closer than 20 feet from any public right-of-way and no further than ten feet from the building or occupied space to which the advertising pertains, signs designed into or placed on vending devices, signs indicating hours of business and similar information.
SIGN, INFORMATIONAL. A sign for which changing copy gives such information as time, temperature and other information through an electronic message display system.
SIGN, MESSAGE BOARD. A sign with a fixed or changing display/message. Display area may be both manual change copy or electronic.
SIGN, MOBILE. A sign which is affixed to a frame having wheels or capable of being moved, or otherwise portable, which does not have a permanent foundation. The mere removal of wheels or temporary securing of a sign to a surface of real estate shall not prevent its being a mobile sign within this definition.
SIGN, MONUMENT. A freestanding sign with a base width of at least 80% of the width of the sign cabinet or sign face.
SIGN, NON-COMMERCIAL. Any sign whose language is not intended to advertise goods, products or services.
SIGN, OFF-PREMISES. A sign that advertises goods, products, services or facilities or directs persons to a different location from where the sign is installed.
SIGN, OFF-SITE REAL ESTATE. A readily removable sign announcing the proposed sale or rental of property other than the property upon which the sign is located and providing directions to the subject property.
SIGN, ON-PREMISES. Any sign identifying or advertising a business, person, activity, goods, products or services located on the premises where the sign is installed and maintained.
SIGN, ON-SITE REAL ESTATE. A sign announcing the sale or rental of the property upon which the sign is located.
SIGN, POLE. A freestanding sign that is affixed, attached or erected on a pole that is not itself an integral part of or attached to a building or structure.
SIGN, PORTABLE. A sign capable of being moved and not permanently attached to the ground, building or similar structure.
SIGN, PROJECTING. A sign attached to and projecting out from a building face or wall, generally at right angles to the building.
SIGN, ROOF. A sign that is mounted on the roof of a building or that is wholly dependent upon a building for support and that projects above the top wall or edge of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof, or the deck line of a building with a mansard roof.
SIGN, SPECIAL EVENT. A sign advertising or announcing a special community-wide event or activity conducted by, or sponsored by, or on behalf of a unit of local government, a charitable organization, or a not-for-profit corporation. A special community-wide event or activity is one that occurs not more than twice in any 12-month period and seeks to attract donations, participants or customers throughout the city.
SIGN, TAG. An on- or off-premises sign, temporary in nature, used to direct persons to a business location, special sale or commercial event.
SIGN, TEMPORARY. Any sign, pennant, tag, inflatable or flag, used as advertising display for a limited time period and not permanently affixed to any structure or the ground. Exception: banner signs as identified in § 154.211.
SIGN, TRACT. A sign advertising the original sale of property in a subdivision.
SIGN, TRAVELERS’ DIRECTIONAL. A sign directing travelers to commercial or other locations within the corporate limits of the city. The sign will be erected by the city with the applicant purchasing spaces on the sign structure. The city will have control over locations and design standards.
SIGN, VEHICLE. A sign on a vehicle customarily and regularly used to transport persons, product or property in the normal operation of the business.
SIGN, WALL. A sign fastened to the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of the sign, and that does not project more than 18 inches from the building or structure.
SINGLE-FAMILY ATTACHED DWELLING. A building containing two or more single- family dwelling units, under one roof, totally separated from each other by an un-pierced wall extending from ground to roof, and each being located on a separate parcel.
SPECIALTY RETAIL. Retail operations that specialize in one type or line of merchandise. Such stores may include, but are not limited to, apparel stores, jewelry stores, bookstores, shoe stores, stationary stores, antique stores and similar establishments. These stores may be no larger than 5,000 square feet in area.
STREET. Any public vehicular way; a general term used to describe right-of-way which provides a channel for vehicular and pedestrian movement between certain points in the community, which may provide for vehicular and pedestrian access to properties adjacent to it, and which may also provide space for the location of under or above ground utilities.
STRUCTURE. Anything constructed, the use of which requires permanent location to the ground or attached to something having permanent location on the ground.
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 subdivision of a parcel of land; provided that a division of land for agricultural use and not involving a new street shall not be deemed a subdivision. The term includes re-subdivision and when appropriate to the context, shall relate to the process of subdivision or to the land subdivided; any division or re-division of land into parcels of less than one acre occurring within 12 months following a division of the same land shall be deemed a subdivision within the meaning of this section.
SWIMMING POOL. A structure, public or private, whether above or below grade level, designed to hold in depth, 18 inches or more of water and used for recreational purposes.
TEMPORARY STRUCTURE. A structure without any foundation or footings that is removed when the designated time period, activity or use, for which the temporary structure was erected has ceased.
TEMPORARY USE. A use established for a limited duration with the intent to discontinue such use upon the expiration of the time period. These uses include but are not limited to fireworks stands, tent sales, special promotion sales and similar uses.
TWO-FAMILY. A building containing two single-family dwelling units, under one roof, totally separated from each other by an un-pierced wall extending from ground to roof, or an un-pierced floor in the case of stacked units and located on one parcel.
USE, PRINCIPAL. The primary use of any lot or parcel.
VARIANCE. A departure from the terms of the zoning regulations pertaining to height or width of structures and size of yards and open spaces. VARIANCES are granted in conformance with KRS Chapter 100.
VEHICULAR USE AREA. A vehicular use area (VUA) is any open or enclosed area containing more than 1,800 square feet of area and/or used by five or more of any type vehicle, whether moving or at rest, including but not limited to, parking lots, loading and unloading areas, mobile home parks and sales and service areas. Driveways, when associated with uses other than single-family and two-family, are considered to be vehicular use areas.
WALL. One of the sides of a room or building connecting the floor and ceiling or foundation and roof.
WETLAND. Those areas that are inundated and saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas.
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.
WINERY, SMALL FARM. A winery producing wines, in an amount not to exceed 50,000 gallons in a calendar year.
YARD, FRONT. An open space extending the full width of the lot between a principal structure and the front lot line, unoccupied and unobstructed from the ground upward. The depth of a FRONT YARD is the shortest distance measured perpendicularly between any part of a building and the front lot line.
YARD, REAR. An open space extending the full width of a lot between a principal structure and the rear lot line, unoccupied and unobstructed from the ground upward. The depth of a REAR YARD is the shortest distance measured perpendicularly between any part of a building and the rear lot line.
YARD, SECONDARY FRONT. An open space extending the full width of the lot between a principal structure and the secondary front lot line of a corner lot, unoccupied and unobstructed from the ground upward. The secondary front yard will be that front yard that is parallel to the side exposure of the principal structure or the rear exposure of the principal structure in the case of a lot with three front yards. The depth of the secondary front yard is the shortest distance measured perpendicularly between any part of a building and the nearest lot line.
YARD, SIDE. An open space extending the full width of a lot between a principal structure and the side lot line, unoccupied and unobstructed from the ground upward. The depth of a SIDE YARD is the shortest distance measured perpendicularly between any part of a building and any side lot line.
ZONING. The division of the city, by legislative regulations, into areas or zones, which specify allowable uses for real property and size restrictions for buildings within these areas. ZONING is also a program that implements policies of the comprehensive plan.
ZONING MAP. The map, adopted as part of an ordinance by the legislative body that delineates the extent of each district or zone established in the zoning regulations.
ZONING ORDINANCE. The city’s zoning ordinance, as codified in this Chapter 155 of this code of ordinances. The laws and regulations as set forth and adopted by the city.
ZOO. An area, building or structures which contain wild animals on exhibition for viewing by the public.
(Ord. 06-2008, passed 6-16-2008, § 1.8; Ord. 14-2008, passed 11-17-2008; Ord. 08-2009, passed 5-18-2009; Ord. 05-2011, passed 2-7-2011; Ord. 20-2011, passed 10-17-2011; Ord. 26-2011, passed 11-21-2011; Ord. 27-2012, passed 12-3-2012; Ord. 10-2014, passed 4-7-2014; Ord. 28-2014, passed 12-15-2014; Ord. 05-2015, passed 5-4-2015; Ord. 05-2017, passed 6-5-2017; Ord. 04-2020, passed 4-20-2020; Ord. 09-2020, passed 8-3-2020)