(A) 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 occupied; the word USED 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 plot or parcel.
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE OR STRUCTURE. A use or structures subordinate to the principal use or building on a lot and serving a purpose customarily incidental thereto.
AGRICULTURE. The use of land for farming, dairying, pasturage, animal and poultry husbandry and other similar uses; and the necessary accessory uses for packing or storing the produce, but not the commercial feeding of garbage or offal to swine or other animals.
ALLEY. A permanent public or private service way providing a secondary means of accessing abutting lands.
ALTERATION. The change of a previously approved plat or development plan and includes any change in lot boundary lines and street layout.
APARTMENT. A suite or set of rooms with necessary appurtenances in a house, apartment building, hotel or motel occupied or suitable to be occupied as a dwelling unit.
ARCHITECTURAL FEATURE. Ornamentation or decorative features attached to or protruding from an exterior wall.
AUTO STORAGE YARD. A lot or a part thereof used for the temporary storage of motor vehicles.
BASE FLOOD or 100-YEAR FLOOD. A flood having a 1% chance of being equaled or exceeded in any given year.
BOARD. The Board of Zoning Adjustments of Frankfort/Franklin County.
BUILDING. Any structure having a roof supported by column, walls or air pressure for the housing or enclosure of persons. When any portion thereof is completely separated from every other portion therein by a division wall without openings, then each portion shall be deemed to be a separate BUILDING.
BUILDING, ATTACHED. A building of independent occupancy unit having more than one party wall common with an adjacent building, or an end unit having one party wall with an adjacent building which has more than one party wall.
BUILDING, DETACHED. A building having no wall in common with another building.
BUILDING, HEIGHT OF. The vertical distance measured from the adjoining curb grade at a point opposite the center of the principal frontage of the primary building to the highest point of ceiling of the top story, in the case of a flat roof, to the deck line of a mansard roof and to the mean height level between the eaves and ridge of a gable, hip or gambrel roof. Where buildings are set back from the street line, the HEIGHT OF THE BUILDING may be measured from the average elevation of the finished lot grade at the front of the building.
BUILDING, SEMI-DETACHED. A building having one party wall common with an adjacent building.
BUILDING LINE SETBACK. The linear distance between any property line and the closest portion of any building or structure to that line. Front building setbacks are measured from the public right-of-way where known or 25 feet from the centerline of a street in a residential zone or 30 feet from the centerline of a street in a non-residential zone where exact right-of-way is unknown, unless otherwise provided.
CARPORT. A permanent roofed structure with not more than two enclosed sides used or intended to be used for automobiles.
CEMETERY. Land used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such CEMETERY.
CHANGE IN USE. A new use which is designated on a different horizontal line in the use table than the present use.
CHURCH. A building wherein persons regularly assemble for religious worship and which is controlled by a religious body organized to sustain public ownership, together with all accessory buildings and uses customarily associated with such primary purpose.
CLUB, PRIVATE. Building and facilities for a social, educational or recreational purpose generally open only to members, but not primarily for profit or to render a service which is customarily carried on as a business.
COMMISSION. City/County Planning Commission of the City of Frankfort and Franklin County, Kentucky.
DAY CARE CENTERS. Any facility, including a home or dwelling unit which regularly provides care for four or more children away from the child’s own home and is designed to supplement parental or guardian care. The operator’s own children shall be included in the total number of children permitted.
DEVELOPMENT. Any human-made change to structure(s) or land including, but not limited to, erection, reconstruction, alteration, filling, grading, mining, drilling, excavation, paving, dumping or dredging operations.
DISTRICT. A portion of the territory within the county to which certain regulations and requirements apply under the provisions of this chapter in addition to other regulations and requirements for the property imposed by the zone in which said property is located.
DRIVE-IN USE or DRIVE-THOUGH USE. Any use or portion (part) of a use which involves the delivery of services, goods or other commodities to a customer who remains in an automobile, van, pick-up truck or other motor vehicle. This shall also include any other such use (e.g., gasoline service station) that involves servicing motor vehicles by the customer who may perform the service in a self-service manner. Any use which will create a line of motor vehicles waiting for a service is also included in this definition.
DWELLING. A building or portion thereof occupied exclusively for residence purposes, not including a mobile home or trailer.
DWELLING, MULTIPLE-FAMILY. A building or portion thereof occupied by more than two families or more than two housekeeping units.
DWELLING, SHARED FAMILY. Any building occupied by not more than four residents, unrelated by blood or marriage, by whom the common areas and facilities are shared. This does not include limited care/treatment centers of halfway houses.
DWELLING, SINGLE-FAMILY DETACHED. A single-family dwelling separated from other dwelling units by open space and conforming to the compatibility standards established in § 155.090 of this chapter.
DWELLING, TWO-FAMILY. A building occupied exclusively by two families or two housekeeping units. Commonly known as a DUPLEX.
DWELLING UNIT. One room or rooms connected together, constituting a separate, independent housekeeping establishment for occupancy by a family as owner, by rental or lease on a weekly, monthly or longer basis and physically separated from any other rooms or dwelling units which may be in the same building and containing independent cooking and sleeping facilities.
EASEMENT. A grant by the property owner for the use of land.
EXPANSION TO AN EXISTING MOBILE HOME PARK. The preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, final site grading or suitable foundation or the construction of streets). Any EXPANSION is considered “new construction”.
FENCE. Any barrier constructed of wood, metal, masonry or similar material erected for the purpose of assuring privacy or protection, but excluding shrubbery and plantings.
FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; or, the unusual and rapid accumulation of runoff of surface waters from any source.
FLOOD BOUNDARY-FLOODWAY MAP. A map by the Federal Emergency Management Agency for use during the Regular Phase of the National Flood Insurance Program which is the primary regulatory map to be used by a community with designated floodways. The FLOOD BOUNDARY-FLOODWAY MAP illustrates the floodplain and floodway boundaries; and, in conjunction with the flood profiles and Floodway Data Table in the Flood Insurance Study, indicates the base flood elevations along different floodplain cross-sections.
FLOODPLAIN. All areas of special flood hazard, included the “floodway”.
FLOOR. The top surface of an enclosed area in a building (including basement) - top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.
FLOOR AREA, GROSS FLOOR AREA. The total number of square feet of floor space within the surrounding walls of a building or structure (or portion thereof), exclusive of bents, shafts and courts.
FLOOR AREA RATIO (FAR). A ratio determined by dividing the total floor area of a building by the area of the lot upon which the building is located:
FRATERNITY AND SORORITY. An incorporated organization of persons which provides sleeping accommodations, with or without accessory, common rooms, cooking and eating facilities for groups of unmarried students in attendance at an educational institution.
GARAGE, PRIVATE. A detached accessory building or portion of a main building used primarily for the storage of vehicles for the residents housed in the building to which such garage is accessory. Incidental storage of property owned by the residents of the principal building shall be permitted.
GARAGE, PUBLIC. A building or portion thereof, other than a private garage, designed or used for equipping, servicing, repairing, hiring or storing motor-driven vehicles.
GASOLINE SERVICE STATION. A retail business providing automotive fuels and lubricants directly into customer vehicles. Incidental repair, replacement and servicing of customer vehicles shall be considered accessory use. Removal and repair of major automotive components, the repair and painting of body parts and the machining of automotive parts shall not be considered an accessory use.
GRADE, CURB. The elevation of the top of the face of the curb as fixed by the county.
HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.
HOME OCCUPATION. Any use conducted entirely within a dwelling or attached garage and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof.
HOME OFFICE. A type of home occupation where only business office activities such as bookkeeping, record keeping, mail receipt and send out, and telephone contacts are conducted at the home. There shall be no persons engaged in this occupation other than residents of the home and there shall be no customers, clients, salespersons or associates coming to the home in conjunction with this use. The use in incidental and secondary to the residential use of the dwelling.
HOSPITAL. An establishment providing accommodations, facilities and service on a continuous 24-hour basis requiring obstetrical, medical or surgical services. HOSPITALS shall not include nursing homes, convalescent centers or extended health care facilities.
HOTEL. An establishment which provides lodging without provision for cooking within individual rooms and having a lobby and registration desk.
JUNK YARD. Any area, lot, structure or part thereof, used for any or all of storage, collection, abandonment, processing, disassembly, reuse, purchase or resale of discarded matter; including wastepaper, rags, scrap metal, wood, glass, machinery, two or more inoperable, unregistered motor vehicles or other type of waste.
KENNEL. Commercial business for the sale or temporary boarding of dogs; but not including the ownership and occasional sale of dogs at, in or adjoining a private residence.
LANDSCAPE BUFFER STRIP. A strip of evergreen or deciduous trees at least five feet in height which will continually restrict a clear view beyond such planting.
LAUNDRY. A business which provides clothes cleaning services performed solely by employees.
LAUNDRY, SELF SERVICE. A business which provides facilities for clothes cleaning for use by customers on the premises.
LIGHT, DIRECT. Light which travels directly from its source to the viewer’s eye.
LIGHT, INDIRECT. Light which travels from its source to an intermediate object, such as a sign surface, before being seen by the viewer.
LIVESTOCK. Poultry, ratites and cervine, bovine, ovine, porcine, caprine or equine animals that are privately owned and raised in a confined area for breeding stock, food, fiber or other products.
LODGING HOUSE or ROOMING HOUSE. A building with more than two, but not more than ten, guest rooms where lodging with or without meals is provided for compensation, or a single household dwelling occupied by more than five adult individuals.
LOT. A parcel of land defined by metes and bounds or boundary lines in a recorded deed or on a recorded plat. In determining lot area and boundary lines, no part thereof within the limits of the street shall be included. The word LOT includes the word PLOT.
LOT, CORNER. A lot at the junction of and fronting on two or more intersecting streets or a lot which fronts on one street with a front lot line of less than 135 degrees.
LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets.
LOT LINE, FRONT. The line separating a lot from any street right-of-way.
LOT LINE, REAR. Ordinarily, the lot line which is opposite and most distant from the front lot line. In the case of an irregular, triangular or gore-shaped lot, a line ten feet in length entirely within the lot, parallel to and most distant from the front lot line shall, for the purpose of this regulation, be considered the REAR LOT LINE. In other cases not covered hereinabove, the Building Inspector shall designate the REAR LOT LINE.
LOT LINE, STREET OR ALLEY. A lot line separating the lot from a street or alley.
LOT LINES. The property lines bounding the lot.
LOT OF RECORD. A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk, or lot described by metes and bounds, the description of which has been recorded in said office at the time of adoption of this chapter.
LOT WIDTH. The distance parallel to the front lot line through a building erected or to be erected, measured between side lot lines through the part of the building where the lot is narrowest.
MANUFACTURED HOME. A single-family residential dwelling constructed after 6-15-1976, in accordance with the National Manufactured Home Construction and Safety Standards Act of 1974, 42 U.S.C. §§ 5401 et seq., as amended, and designed to be used as a single-family residential dwelling with or without a permanent foundation when connected to the required utilities, and which includes the plumbing, heating, air conditioning and electrical systems contained therein (KRS 100.348(2)(c)).
MANUFACTURED HOME, QUALIFIED. A manufacture home that meets all the following criteria:
(a) Is manufactured on or after 6-15-2002;
(b) Is affixed to a permanent foundation and is connected to the appropriate facilities and is installed in compliance with KRS 227.570;
(c) Has a width of at least 20 feet at its smallest width measurement or is two stories in height and oriented on the lot or parcel that its main entrance door faces the street;
(d) Has a minimum total living area of 900 square feet;
(e) Is not located in a manufactured home land-lease community; and
(f) Supported by a permanent foundation that is:
1. Capable of transferring, without failure, into soil or bedrock, the maximum design load imposed by or upon the structure;
2. Constructed of concrete; and
3. Placed at a depth below grade adequate to prevent frost damage.
MANUFACTURED HOME PARK. Any lot or tract of land other than a manufactured home subdivision or manufactured home sales or storage lot upon which three or more manufactured homes utilized for long-term residential occupancy are located.
MANUFACTURED HOME SUBDIVISION. Any lot or tract of land other than a manufactured home subdivision or manufactured home sales or storage lot upon which three or more manufactured homes utilized for long-term residential occupancy are located.
MOBILE HOME. A structure manufactured prior to 6-15-1976, which was not required to be constructed in accordance with the federal act, which is transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width and 40 body feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and including the plumbing, heating, air conditioning and electrical systems contained therein. It may be used as a place of residence, business, profession or trade by owner, lessee or their assigns and may consist of one or more units that can be attached or joined together to comprise an integral unit or condominium structure (KRS 227.550(9)).
MODULAR HOME. Any structure transported to its building site in one or more preconstructed sections designed to be located on a permanent foundation and having the appearance of a conventional dwelling.
MOTEL. A building of group of buildings containing individual sleeping or living units designed for the temporary occupancy of transient guests and including hotels, tourist courts, motor lodges, motor hotels or auto courts, but not including boarding or lodging houses.
MURAL. A graphic illustration applied to an exterior wall facade or surface of a building and/or structure for aesthetic, renovative or advertising purpose.
NON-CONFORMING USE. A legally existing use of land or building which fails to comply with the regulations set forth herein applicable to the district in which such use is located.
OCCUPANCY, CHANGE OF. A discontinuance of an existing use or occupant and a substitution of a different use or occupant.
OPEN SPACE. Total horizontal area of all portions of the lot not covered by buildings or structures.
PARKING AREA, PUBLIC. An area other than a street used for the temporary parking of more than four automobiles and available for public use, whether free, for compensation or as an accommodation for clients or customers.
PARKING SPACE, ONE OFF-STREET. The area required for parking one automobile.
PERMITTED USES. Manufactured/mobile homes on individual lots in manufactured/mobile homes subdivisions and in rental manufactured/mobile home parks.
PERSONAL SERVICE. A business or service carried out on an individual basis. Such use shall include, but not be restricted to: instruction in music, dance, arts and crafts; photographic services; beauty parlors and barber shops; tailoring; and the like.
PLAT. A map or chart indicating the subdivision or re-subdivision of land intended to be filed for record.
POULTRY. Chickens, ducks, turkeys or other domestic fowl.
PUBLIC SEWER. See SEWER.
RECOVERY PROGRAM. A program, the primary function of which is to offer (whether through religious instruction, clinical diagnosis, medical treatment, counseling, psychotherapy, or other methodologies combined with or substantially similar to these) the program's participants a treatment plan, regimented plan, curriculum, or other structured approach intended to help the participants achieve recovery and wellness from a history of substance abuse and/or addiction. A RECOVERY PROGRAM may or may not require or permit the program participants to live in a residential recovery facility as a requirement for their enrollment in the recovery program.
RECREATIONAL VEHICLE. Travel trailers, fifth-wheel tent camper, motor home, mini motor home or van camper used for temporary use, not intended for year-round living, with less than 320 square feet.
RESIDENTIAL RECOVERY FACILITY. Any facility where persons enrolled in a recovery program routinely stay and sleep while enrolled in the recovery program, if:
(a) More than half of the available living quarters (e.g., beds) are reserved for persons enrolled in a recovery program; and
(b) The only persons allowed to stay and sleep in the facility are:
1. Enrolled in a recovery program; or
2. Staff (whether paid or volunteer) of the owner or operator of the recovery program or the facility.
(c) This use shall not include detoxification facilities, charitable indigent limited care facilities, shared family dwellings, residential care facility for handicapped persons (KRS 982.982 and 100.984), reentry service centers, convalescent homes, rest homes, mental institutions, psychiatric facilities and correctional facilities-privately owned.
RESTAURANT. An eating establishment, where food is generally served and/or consumed only within the building.
RESTAURANT DRIVE-IN. An eating establishment, where food is generally served by employees, or by self-service on the premises outside the building and generally consumed on the premises outside the building or off the premises.
RURAL RESIDENTIAL DENSITY.
(a) Any residential unit which is not connected to an approved sewage treatment facility shall be considered a RURAL RESIDENTIAL DENSITY.
(b) No more than one unit per one and one-half acres shall be permitted.
(c) All RURAL RESIDENTIAL DENSITIES shall be compatible with any agricultural land use.
(d) Should any RURAL RESIDENTIAL DENSITY become accessible to a sewage treatment facility, a subdivision plat shall be presented to the Planning Commission prior to any density increases.
SEWERS. Public sewers or any other approved sewage treatment facility.
SHORT-TERM RENTAL - NON-OWNER OCCUPIED. A residential dwelling unit that is not owner-occupied and is rented, leased, or otherwise assigned for a tenancy of less than 30 consecutive days duration for transient guests, where no meals are served. This term does not include hotel or motel rooms, bed and breakfast inns, or boarding and lodging houses.
SINGLE-FAMILY DWELLING. A building occupied exclusively for residential purposes by one family or one housekeeping unit, including manufactured/mobile homes or modular homes.
STORY. The portion of a building included between the upper surface of any floor and the upper surface of the floor next above; also, any portion of a building used for human occupancy between the topmost floor and the roof. A basement shall not be counted as a STORY unless the height surface of the first story is 50% above the average elevation of the finished lot grade.
STREET. A public way established by or maintained under public authority, or a private way open for public use, or a private way plotted or laid out ultimately for public use, whether constructed or not.
STREET, ARTERIAL. A street designed primarily for the continuous movement of traffic through a planning unit or area. Major arterials may include freeways, expressways or other limited access facilities.
STREET, COLLECTOR. Roadway used for movement of vehicles and providing access to adjacent properties which is planned to assure minimum disturbance of moving traffic and serving as a link between arterial or other collector streets and local streets. Major collectors provide access to commercial developments or residential developments in excess of 150 dwelling units. Minor collectors generally provide connections from local residential streets to other collectors or serve fewer than 150 dwelling units.
STREET, LOCAL. Streets whose primary function is to provide direct access to residential developments or lots.
STRUCTURE. Anything constructed, the use of which requires permanent location on the ground or which is attached to something having permanent location on the ground.
SUBSTANTIAL IMPROVEMENT.
(a) Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:
1. Before the improvement or repair is started; or
2. If the structure has been damaged and is being restored, before the damage occurred.
(b) For the purpose of this definition, SUBSTANTIAL IMPROVEMENT is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not include either:
1. Any project required to improve a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
2. Any alteration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places.
TOWNHOUSE. A single-family dwelling, attached or detached, each dwelling designed and erected as a unit on a separate lot and separated from another by a yard or common wall.
TRAILER. Any vehicular structure on wheels designed to be towed or hauled by another vehicle. TRAILERS can be used for temporary human occupancy or the transportation of equipment, goods or livestock. This definition includes automobile trailers, campers and horse trailers, but not mobile homes.
USABLE OPEN SPACE.
(a) The portion of the lot which is not covered by buildings, streets, parking areas or paved walkways.
(b) For the purposes of this chapter, outdoor roof gardens, patios and decks may be counted, providing a maximum of 100 square feet per dwelling unit, may be included as USABLE OPEN SPACE.
(c) Pools and other recreational facilities may be included in the USABLE OPEN SPACE; provided that, a minimum of 30% of the usable open space must be devoted to landscaping.
YARD. A space on the same lot with a main building, open, unoccupied and unobstructed by buildings or structures from the ground to the sky, except as otherwise provided in this title.
YARD, FRONT. Any yard extending across the full width of the lot between any parts of a lot line which runs adjacent to a public street, not including the street side yard which is elsewhere defined.
YARD, REAR. A yard extending across the full width of the lot between the rearmost portion of the main building and the rear lot line, the depth of which shall be the least distance between the rear lot line and the rear of such main building.
YARD, SIDE. A yard between the main building and the side lot line, extending from the front yard or front lot line, where no front yard is required.
YARD, STREET SIDE. A yard between the main building and the side lot line of a corner lot which abuts a side street extending from the front lot line to the rear lot line. The STREET SIDE YARD does not include the front yard which is the yard between the main street and the face of the main building.
(Ord. 8, passed 10-23-1987, § 3.01; Ord. 8- 2021, passed 7-23-2021; Ord. 2-2022, passed 2-11- 2022; Ord. 5-2023, passed 6-7-2023)