For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“ACCESSORY STRUCTURE OR USE.” Any structure or use, other than the principal structure or use, directly incidental to or required for the enjoyment of the permitted use of any premises; also, as specifically designated under the zoning district regulations of this chapter.
“ADMINISTRATIVE OFFICER.” The official or officials designated by the Board of Commissioners to administer this chapter.
“ADVERTISING SIGN” or “SIGN.” Any device designed to inform or attract the attention of persons not on the premises on which the sign is located.
(1) However, the following shall not be included in the application of this chapter:
(a) Signs not exceeding one square foot in area and bearing only property numbers, post office box numbers, names of occupants or premises, or other identification of premises not having commercial connotations.
(b) Flags and insignia of any government except when displayed in connection with commercial promotion.
(C) Legal notices or identification, informational, or directional signs erected or required by governmental bodies.
(d) Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights.
(e) Signs directing and guiding traffic and parking on private property, but bearing no advertising matter and four square feet or less in area.
(2) For the purpose of determining number of signs, a “SIGN” shall be a single display device containing elements organized, related, and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single “SIGN.”
(3) The surface area of a “SIGN” shall be computed as including the entire area with a regular geometric form or combinations of regular geomeric forms comprising all of the elements of the matter displayed. Frames and structural members not bearing advertising matter shall not be included in computation of surface area.
“ALLEY.” A public passage or way affording a secondary means of vehicular access to abutting property and not intended for general traffic circulation.
“ALTERATION.” Any change or addition to the load-bearing members or the foundation of a structure.
“BUILDING.” Any structure which fully encloses space for occupancy by persons or their activities.
“BUILDING PERMIT.” A permit issued by the Administrative Officer authorizing the construction or alteration of a specific building on a specific lot.
“COMMERCIAL FLOOR AREA.” Floor area of a building which is devoted to the storage and display of merchandise, the performance of consumer services, or the circulation and accommodation of customers.
“CONDITIONAL USE.” A use which 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 one in which it is located or adjoining zones unless restrictions on location, size, extent, and character of performance are imposed in addition to those restrictions imposed in this chapter.
“CONDITIONAL USE PERMIT.” Legal authorization to undertake a conditional use, issued by the Administrative Officer pursuant to authorization by the Board of Zoning Adjustment and consisting of two parts:
(1) A statement of the factual determination by the Board of Zoning Adjustment which justifies the issuance of the permit.
(2) A statement of the specific conditions which must be met in order for the use to be permitted.
“CONSUMER SERVICES.” Sale of any service to individual customers for their own personal benefit, enjoyment, or convenience and for fulfillment of their own personal needs. “CONSUMER SERVICES” include the provision of personal services, such as cleaning and barbering, and the provision of lodging, entertainment, specialized instruction, financial services, automobile storage, transportation, and similar services.
“DWELLING.” A building providing shelter, sanitation, and the amenities for permanent habitation. It does not include temporary lodging or sleeping rooms.
“FAMILY.” One or more persons occupying a single dwelling unit. Unless all members are related by blood or marriage, no “FAMILY” shall contain over five persons. Domestic servants may be employed on the premises without being counted as a “FAMILY”.
“HEAVY INDUSTRY.” Those industries whose processing of products results in the emission of any atmospheric pollutants, light flashes or glare, odors, noise, or vibration which may be heard or felt off the premises, and those industries which constitute a fire or explosion hazard.
“HEIGHT OF STRUCTURE.” The vertical distance measured from the average finished grade at the front building line to the highest point of the structure.
“HOME OCCUPATIONS.” Professional offices, studios, personal services, and the renting of sleeping rooms maintained or conducted within a dwelling. These activities shall be incidental to the principal residential use and involve the employment of no more than one person who does not reside on the premises. “HOME OCCUPATIONS” shall occupy no more than 25% of the total floor area of a dwelling. Any activity in which the selling of any merchandise is the primary function is not a “HOME OCCUPATION.”
“JUNKYARD.” Any place where five or more junked, wrecked, or non- operating automobiles, vehicles, machines, and other similar scrap or salvage materials are deposited, parked, placed, or otherwise located.
“LIGHT INDUSTRY.” Those industries whose processing or products results in none of the conditions constituting heavy industry.
“LOT.” A parcel of land under one ownership devoted to a common use or occupied by a single principal building plus accessory structures. Agricultural tracts are not included.
“LOT, CORNER.” A lot which abuts on two streets at their intersection.
“LOT, DOUBLE-FRONTAGE.” Any lot, other than a corner lot, which abuts on two streets.
“LOT LINE.” The boundary dividing a lot from a right-of-way, adjoining lot, or other adjoining tract of land.
“LOT OF RECORD.” A lot which is recorded in the office of the County Clerk.
“MOBILE HOME.” Any vehicle or similar portable structure used or so constructed as to permit its being used as a conveyance upon streets and as a dwelling for one or more persons.
“MOBILE HOME PARK.” A tract of land prepared and approved according to the procedures in this chapter and as defined in KRS 219.320(5) “Mobile Home Parks” (two or more).
“MOBILE HOME SPACE.” A parcel of land delineated within a mobile home park upon which may be located one mobile home.
“NONCONFORMING STRUCTURE” or “NONCONFORMING USE.” A structure or use of any premises which does not conform with all provisions of this chapter, but which existed before being designated as nonconforming by the adoption or amendment of this chapter.
“NONRETAIL COMMERCIAL.” Commercial sales and services to customers who intend resale of the products or merchandise sold or handled. “NONRETAIL COMMERCIAL” includes wholesaling, warehousing, trucking terminals, and similar commercial enterprises.
“OFF-SITE SIGN.” A sign other than an on-site sign.
“ON-SITE SIGN.” A sign relating in its subject matter to the premises on which it is located or to products, accommodations, services, or activities on the premises.
“OUTDOOR.” That which is not within a building.
“PLANNED-DEVELOPMENT PROJECT.” A complex of structures and uses planned as an integral unit of development rather than as single structures on single lots.
“PREMISES.” A lot or other tract of land under one ownership and all the structures on it.
“PRINCIPAL BUILDING.” A building, including covered porches, carports, and attached garages, in which is conducted the principal use of the lot on which it is situated. In any residence district, any dwelling shall be deemed to be the “PRINCIPAL BUILDING” on the lot on which it is situated.
“PROCESSING.” Manufacturing, packaging, repairing, cleaning, and any other similar original or restorative treatment applied to raw materials, products, or personal property. “PROCESSING” does not refer to the fabrication of structures.
“PUBLIC SERVICE BUILDING.” Any building necessary for the operation and maintenance of a utility.
“RETAIL SALES.” Sale of any product or merchandise to customers for their own personal consumption and use and not for resale.
“ROAD.” A traffic-carrying way. As used in this zoning code, a “ROAD” may be privately owned.
“SLEEPING ROOM.” A single room rented for dwelling purposes but without the amenities for separate and independent housekeeping.
“STREET.” Any vehicular way. An arterial street is any numbered federal, state, or county highway or as designated by the Planning Commission.
“STRUCTURE.” Anything constructed or made, 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 buildings and signs.
“TRAILER.” Any vehicle or similar portable structure used or so constructed as to permit its being used as a conveyance to transport cargo other than persons upon the streets and highways. The term “TRAILER” does not mean mobile home as defined and used in this chapter.
“USE.” The activities which take place on any land or premises, or the structures located thereon and designed for those activities.
“VARIANCE.” A departure from dimensional terms of the zoning code pertaining to the height, width, or location of structures, and the size of yards and open spaces where such departure meets the requirements of KRS 100.241 to 100.247.
“YARD.” The open space surrounding the principal building on any lot, unoccupied and unobstructed by any portion of that building from the ground to the sky except where specifically permitted by this zoning code. “YARDS” are further defined as follows:
“FRONT YARD.” That portion of the yard extending the full width of the lot and measured between the front lot line and a parallel line tangent of the nearest part of the principal building, which line shall be designated as the front yard line.
“REAR YARD.” That portion of the yard extending the full width of the lot and measured between the rear lot line and a parallel line tangent to the nearest part of the principal building.
“SIDE YARDS.” Those portions of the yard extending from the front yard to the rear yard and measured between the side lot lines and parallel lines tangent to the nearest parts of the principal building.
“ZONE.” Any area or sections of the city for which regulations governing the use of buildings and premises or the height and area of buildings are uniform.
(Ord. 920.1, passed - - )