"ABUTTING OR ADJOINING." The land, lot, or property adjacent to the property in question along a lot line or separated only be an alley, easement, or street.
"ACCESSORY BUILDING." A building which is subordinate or incidental to the principal building and is located on the same lot.
"ACCESSORY STRUCTURE." A structure (such as a garage or shed) incidental to the main use of the land or building.
"ACCESSORY USE." A use incidental to the main use of the land or building.
"ADULT DAY CARE, HOME." A private home that provides full or part-time care day or night for six (6) or fewer adults who are not related to the provider.
"AGRICULTURE." Farming, dairying, pasturage, horticulture, animal or poultry husbandry, and limited processing and sale of agriculture products from land under the same ownership.
"ALLEY." A narrow public or private thoroughfare that provides secondary access to abutting properties and is not intended for through traffic.
"ALTERATION." Any action to change (visual or material), modify, reconstruct, remove, or demolish any exterior feature of an existing structure or site.
"ANIMAL BOARDING." A structure or premises providing overnight accommodations of household pets with or without compensation.
"ANIMAL HOSPITAL." A building or structure in which facilities are provided for the prevention, cure, and alleviation of disease and injury to animals; and where shelter may be provided within the building or structure, during the period of treatment.
"ANIMAL TRAINING OR PET DAY CARE." A structure or premises used for the schooling, exercising, attending to the care of, or any other animal husbandry activities for household pets with or without compensation during the day and without overnight stays.
"APPLICANT." Unless otherwise specified, an owner of a property or an agent for the owner, including a subdivider, developer, attorney, or similar representative, who has filed an application for development review.
"APPURTENANCE." Any structure or object subordinate to a principal structure or site and which is attached to a piece of land or building such that it becomes part of that property. Examples include garages, septic systems, or water tanks.
"ARCHITECTURAL CHARACTER." The architectural style, general design, and general arrangement of the exterior of a building or other structure including the type and texture of the light fixtures, signs, and their appurtenant fixtures.
"ASSISTED LIVING FACILITY." A long-term care facility that provides housing, personalized support services, and health care designed to meet the individual needs of persons who need help with the activities of daily life such as meals, medication management, or assistance with bathing and dressing, but do not need the degree of medical care provided in a skilled nursing facility.
"ATTRACTION BOARD." Copy is changed manually or electronically on a regular basis.
"AUTOMATED TELLER MACHINE (ATM)." An electronic device used by the public for conducting financial transactions such as withdrawing or depositing cash from a bank, savings, credit union, credit card or similar account wherein the customer operates the device independently.
"AUTOMOTIVE FUELING STATIONS." The use of a building or structure or any portion thereof for dispensing motor fuel from fixed equipment into the fuel tanks of motor vehicles and the services incidental thereto.
"AUTOMOTIVE REPAIR FACILITIES." A facility that performs all customary repair services for automobiles or other motorized equipment owned by the public.
"AUTOMOTIVE SALES OR LEASING." Any building or land used for the display and sale or lease of new or used motor vehicles, motorcycles, recreational vehicles, and trucks in operable condition.
"BAR OR TAVERN." An establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises. A tavern shall be this type of establishment where food may also be available for consumption on the premises.
"BASEMENT." A portion of a building located partly or wholly underground and having half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.
"BED AND BREAKFAST." A private owner-occupied residence with one (1) to three (3) guest rooms contained within that structure and operated so that guests reside at the home for a finite and temporary basis. No kitchen facilities may be provided for use by guests.
"BILLBOARD." Signage intended for lease to a variety of businesses, organizations, and/or individuals. In such case, the sign itself shall be the income generator and the primary commercial use of the property.
"BOARDING HOUSE." A dwelling or part thereof, in which lodging is provided by the owner or operator to more than three (3) boarders. A lodging, rooming, or tourist home is deemed a "BOARDING HOUSE".
"BREWERY, MACRO." Brewery that produces more than fifteen thousand (15,000) barrels per year and may distribute outside of the region. Includes the production of ciders.
"BREWERY, MICRO." A limited-production brewery that produces less than fifteen thousand (15,000) barrels per year and that typically produces specialty beers that are generally sold locally. Includes the production of ciders.
"BREWERY, NANO." A limited-production brewery that uses a three (3) barrel or smaller system. Includes the production of ciders.
"BREWPUB." An establishment selling beer brewed on the premises and including a restaurant.
"BUFFER AREA." A continuous strip of trees or shrubs not less than six (6) feet in height, designed to restrict a clear view, and reduce noise beyond the strip.
"BUILDING." A structure which is permanently affixed to the land having one (1) or more floors and a roof, being bounded by open space or lot lines, and used as a shelter or enclosure for persons, or animals, or as an enclosure for property. Building shall also be construed to include structures as defined in this section unless otherwise noted and shall be construed as if followed by the words "part or parts thereof" unless otherwise noted.
"BUILDING AREA." The total floor area of the principal building and all accessory buildings, including unenclosed porches, but excluding terraces and steps, measured from the outside surface of the exterior walls.
"BUILDING FRONTAGE." Total lineal feet of the building facade which fronts the principal dedicated street, or that facade upon which the main entrance to the building is situated.
"BUILDING HEIGHT." The vertical distance from the grade plane to the average height of the highest roof surface.
"BUILDING LINE." A line established by the zoning code, generally parallel with and measured from the front lot line or street right-of-way.
"BUILDING, PRINCIPAL." The building occupied by the main or principal use (see "PRINCIPAL USE") or activity on or intended for the premises, all parts of which building are connected in a substantial manner by common walls and a continuous roof.
"BULLETIN BOARD." Allows the manual or electronic change of copy and is used to notify the public of noncommercial events or occurrences such as church services, political rallies, civic meetings or similar events.
"CEMETERY." An area of land set apart for the sole purpose of the burial of bodies of dead persons or animals, and for the erection of customary markers, monuments, and mausoleums.
"CERTIFICATE OF OCCUPANCY." A certificate issued by the City Planner upon completion of the construction or alteration of a building. The certificate shall acknowledge compliance with all requirements of the last building permit issued for the structure, the adjustments granted by the Board of Adjustment, and all other applicable requirements.
"CHANGE." Any alteration, construction, removal, or demolition.
"CHANGEABLE COPY." A sign designed so that the characters, letter or illustrations can be replaced or rearranged manually or electronically without altering the sign display surface. May also be known as reader boards.
"CHARACTERISTICS." The unique attributes or qualities of a property.
"CHILD-CARE CENTER." An establishment that provides full or part-time care, day or night, to at least seven (7) children who are not the children, grandchildren, nieces, nephews, or children in legal custody of the operator. "CHILD-CARE CENTER" shall not include any child-care facility operated by a religious organization while religious services are being conducted, or a youth development agency. For the purposes of this section, "youth development agency" means a program with tax-exempt status under 26 U.S.C. sec. 501(c) (3), which operates continuously throughout the year as an outside-school-hours center for youth who are six (6) years of age or older, and for which there are no fee or scheduled-care arrangements with the parent or guardian of the youth served.
"COMMUNITY SOCIAL SERVICE FACILITY." An establishment housing a public or non-profit agency that provides counseling, therapy, or other social or human service to persons needing such services due to physical, mental, emotional, or other disability or hardship. This definition does not include schools, hospitals, clinics, day cares, or residential uses.
"CUL-DE-SAC." A circular paved area used at a dead-end street for reversing the flow of vehicle traffic.
"DAY CARE, ADULT." A place that provides community based programs designed to meet the health, social, and related needs of functionally impaired adults (eighteen (18) years and older) during daytime hours.
"DAY CARE, CHILD." A place in which care is provided to children, with or without compensation during daytime hours.
"DEMOLITION." Razing and removing all or a substantial portion of a building, structure, or appurtenance.
"DISTILLERY, MACRO." A place or establishment where the distilling of liquors is done on a large scale and such liquor is distributed for sale, and which generally produce more than seventy- five thousand (75,000) gallons of distilled spirits per year.
"DISTILLERY, MICRO." A small, often boutique-style distillery, established to produce beverage grade spirit alcohol in relatively small quantities, usually done in single batches, and which generally produce a maximum of seventy-five thousand (75,000) gallons of distilled spirits per year.
"DORMITORY." An institutional or private building or structure used as group living quarters for students of a college, university, religious organization, medical facility, or similar organization that contains several private or semi-private rooms for residents typically with common bathroom, common eating, and common cooking areas.
"DRIVE-THROUGH FACILITY." An establishment or facility that by design of physical facilities or by service or packaging procedures encourages or permits customers to receive a service or obtain a product or to be entertained while remaining in a motor vehicle on the premises.
"DWELLING." Any building or portion thereof which is designated for or used for residential purposes.
"DWELLING, MULTIFAMILY." A building or structure consisting of three (3) or more dwelling units, each dwelling unit being the residence of a single-family. There shall not be more than one kitchen per multifamily dwelling unit.
"DWELLING, SINGLE-FAMILY." A single unit providing complete independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation, and which shall not be connected to any other unit or building.
"DWELLING, SINGLE-FAMILY ATTACHED/TOWNHOME." A single-family dwelling unit constructed in a group of three (3) or more attached units in which each unit extends from the foundation to roof, and with a yard or public way on not less than two (2) sides and where each dwelling units has their own independent exterior access.
"DWELLING, TWO-FAMILY/DUPLEX." A building or structure consisting of two (2) dwelling units, which may be either attached side by side or one above the other, and each unit having either a separate or combined entrance or entrances. These dwellings shall include site built, manufactured, and modular homes.
"DWELLING UNIT." Space within a building designed as a residence of one (1) household unit.
"FACADE." The face or front of a structure in any vertical surface adjacent to a public way.
"FACTORY BUILT HOME." Any residential dwelling that is wholly or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly on a building site. Factory built homes shall include, but not be limited to, manufactured homes, modular homes, and mobile homes.
"FAMILY."
(1) A family consists of any person living alone or any of the following groups living together as a single housekeeping unit that shares common living, sleeping, cooking, and eating facilities:
(a) Any number of people related by blood, marriage, adoption, guardianship, or other duly legally authorized custodial relationship plus no more than two (2) additional unrelated persons;
(b) Two (2) unrelated individuals and their children related to either of them and their foster children;
(c) Five (5) unrelated individuals; or
(d) Six (6) unrelated individuals provided that all individuals are over the age of sixty (60).
(2) A family does not include any society, club, or residents of a boarding house, lodging house, fraternity, or sorority. It also does not include a group of individuals whose association is seasonal or similar in nature to a resort, motel, boarding or lodging house, bed and breakfast, nor that is institutional in nature.
"FAMILY CHILD-CARE HOME." A private home that provides full or part-time care day or night for six (6) or fewer children who are not the children, siblings, stepchildren, grandchildren, nieces, nephews, or children in legal custody of the provider.
"FARM." A tract of at least ten (10) contiguous acres used for the production of agricultural or horticultural crops. Agricultural and horticultural crops shall be defined as, but not limited to, livestock, livestock products, poultry, poultry products, grain, hay, pastures, soybeans, tobacco, timber, orchard fruits, vegetables, flowers, ornamental plants, vineyards and wineries.
"FARMERS MARKET." An organized seasonal outdoor market containing four (4) or more independent vendors open to the public at which locally grown produce and flowers, value-added agriculture products, fresh baked goods, and/or retail products are sold by persons or their representatives who typically grow, harvest, process, or make such items from their farm, residence, or agricultural operation.
"FENCE." A man-made yard structure which forms, or which has the intended purpose to form, a barrier to light, sound, wind, snow, animals, vehicles, or pedestrians.
"FINANCIAL INSTITUTIONS." Any building, property or activity of which the principal use or purpose of which the provision of financial services is including, but not limited to banks, facilities for automatic teller machines (ATMs), credit unions, savings and loan institutions, and mortgage companies.
"FLASHING OR BLINKING." Intermittent or sequential illumination for the purpose of attracting attention to the sign.
"FRATERNITY OR SORORITY HOUSE." A place, residence, or assembly used either as a boarding house, dormitory, or multifamily dwelling that is occupied and/or operated by a membership association of a college or university.
"FUNERAL HOME OR MORTUARY." An establishment primarily engaged in the provision of services involving the care, preparation or disposition of human remains. Typical uses include funeral parlors, crematories, mortuaries or columbaria.
"GARAGE, RESIDENTIAL." An enclosed building or a part of a residence, in which to store vehicles and personal property, and is incidental to the use of the property.
"GOVERNMENT BUILDING OR FACILITY." Any structure or use, or portion thereof, used by a governmental agency for administrative or service purposes.
"GREENHOUSE." A glassed or translucent enclosure used for the cultivation or protection of plants.
"GROUP HOME." A homelike facility, excluding Department of Juvenile Justice, operated or contracted facilities, for not more than eight (8) foster children, not adjacent to or part of an institutional campus, operated by a sponsoring agency for children who may participate in community activities and use community resources.
"HANDBILL." Printed or written material, circular, leaflet, pamphlet, or booklet designed for distribution on vehicles or other property, excluding postal distribution, which advertised merchandise, commodities, or services.
"HOME OCCUPATION." Any career, profession, use or activity which is customarily incidental to the principal residential use of the premises and is conducted by a resident occupant which does not alter the exterior of the property or affect the residential character of the neighborhood.
"HOSPITAL." A facility providing physical or mental health services, inpatient or overnight accommodations, and medical or surgical care of the sick, injured, or disabled.
"HOTEL OR MOTEL." A building in which lodging is provided and offered to the public for compensation and which is open to transient guests, in contrast to a lodging house.
"HOUSEHOLD." A group of individuals not necessarily related by blood, marriage, adoption or guardianship, living together in a dwelling unit as a single unit.
"ILLUMINATED, DIRECTLY." Lighted by an unshielded light source (including neon tubing) which is visible as a part of the sign and where light travels directly from the source to the viewer's eye.
"ILLUMINATED, INDIRECTLY." Light source project light onto the exterior of the sign surface or onto the building where the sign is located.
"ILLUMINATED, INTERNALLY." Light source is within the sign, with a transparent or translucent background or cover which silhouettes letters or designs.
"LIBRARY." A facility that contains books, periodicals, and other materials for reading, viewing, listening, study, or reference, that consists of a room, set of rooms, or building where such materials may be accessed or borrowed.
"LODGING HOUSE." A building where housing is provided by prearrangement for definite periods of time for compensation for three (3) or more persons in contrast to hotels/motels which are open to transients or group homes.
"LOT." A division of land separated from other divisions for purposes of either sale, lease, or separate use, described on the recorded subdivision plat, recorded survey map, or by metes and bounds.
"LOT AREA." The sum of land area encompassed within the property lot lines.
"LOT, CORNER." A lot abutting on two (2) streets at their intersection, if the interior angle of intersection is not more than one hundred thirty-five (135) degrees.
"LOT DEPTH." The mean horizontal distance of a lot measured between the front and rear lot lines.
"LOT, DOUBLE FRONTAGE." A lot with opposite ends abutting on public or private streets.
"LOT FRONTAGE." The lineal distance of a property line which abuts a public right-of-way.
"LOT, INTERIOR." A lot other than a corner lot or a double frontage lot.
"LOT LINE." The boundary of a lot separating it from adjoining public, common, or private land, including a public street.
"LOT LINE, FRONT." The lot line separating an interior lot from the street upon which it abuts; or the lot line of a corner lot upon which the building fronts.
"LOT LINE, REAR." A lot line parallel or within forty-five (45) feet of being parallel to, and most distant from, the front lot line.
"LOT LINE, SIDE." A lot line which is neither a front nor a rear lot line.
"LOT, PANHANDLE." A lot with a long narrow section running between two (2) other lots, where the buildable area of the panhandle lot is set back from the street and sits behind the rear property line of adjacent properties.
"LOT WIDTH." The distance between side lot lines measured across the front and rear of the required front yard setback.
"MAINTENANCE." Any normal upkeep or repair which does not require a building permit and does not constitute alteration as defined.
"MANUFACTURED HOME." A single-family residential dwelling constructed after June 15, 1976 in accordance with the National Manufactured Home Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., as amended, and designed to be used as a single-family residential dwelling with or without permanent foundation when connected to the required utilities, and which includes the plumbing, heating, air conditioning, and electrical systems contained therein. Any additions or accessory uses/structures attached to a manufactured home must comply with all applicable city and state permit requirements.
"MANUFACTURED HOME, B1 SEAL." A previously owned or used manufactured home unit that has been inspected by a certified inspector and found to be in compliance with the applicable standards for human habitation.
"MANUFACTURED HOME, B2 SEAL." A previously owned or used manufactured home unit that:
(1) Has been inspected by a certified inspector and found not to be in compliance with applicable codes;
(2) Is a salvage unit unfit for human habitation; and
(3) Shall be sold only for the purpose of use as a storage or utility building.
"MANUFACTURED HOME, CERTIFIED INSTALLER." An individual certified to install manufactured homes in Kentucky pursuant to the administrative regulations of 815 KAR 25:080. Requirements for certifying manufactured home installers.
"MANUFACTURED HOME COMMUNITY." A parcel of land, under single or multiple ownership and developed specifically for the purpose of leasing two (2) or more residential spaces for the location of manufactured or mobile home dwellings and which contain common facilities and utilities located on the premises as licensed by the Public Health Department of the cabinet.
"MANUFACTURED HOME, COMPATIBILITY STANDARDS." Standards that have been enacted by a local government under the authority of this section for the purpose of protecting and preserving the monetary value of real property located within the local government's jurisdiction.
"MANUFACTURED HOME, HUD LABEL." A label affixed to a new manufactured home by the manufacturer after it has been approved by a third-party inspector, as required under the HUD Act and it certifies that the home is in compliance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974 as amended and effective July 1976 (sometimes referred to as an A seal).
"MANUFACTURED OR MOBILE HOME LOT." A parcel of land in a manufactured or mobile home community for the placement of a single manufactured or mobile home.
"MANUFACTURED OR MOBILE HOME, PERMANENT FOUNDATION." A system of supports that is: capable of transferring, without failure, into soil or bedrock, the maximum design load imposed by or upon the structure; constructed of concrete; and placed at a depth below grade adequate to prevent frost damage.
"MANUFACTURED HOME, QUALIFIED." A manufactured home that meets all of the following criteria:
(1) Is manufactured on or after July 15, 2002;
(2) Is affixed to a permanent foundation and is connected to the appropriate facilities and is installed in compliance with KRS 227.570;
(3) Has a width of at least twenty (20) feet at its smallest width measurement or is two (2) stories in height and oriented on the lot or parcel so that its main entrance door faces the street;
(4) Has a minimum total living area of nine hundred (900) square feet; and
(5) Is not located in a manufactured home land-lease community.
"MANUFACTURED OR MOBILE HOME, UNDERSKIRTING." A weather resistant material used to enclose the space from the bottom of a manufactured or mobile home to grade.
"MIXED-USE BUILDING." A building that contains both businesses and residential uses within the same structure.
"MIXED-USE RESIDENTIAL." A dwelling unit, designed in a way that is functionally integrated into the same building or development as other uses, such as office, institutional, or commercial.
"MOBILE FOOD UNIT." Food establishment which is on wheels and which sells prepared food.
"MOBILE FOOD UNIT VENDOR." A merchant who conducts business from a mobile food unit.
"MOBILE HOME." Any non-self-propelled vehicle so designed, constructed, reconstructed, or added to by means of accessories in such manner as will permit the use and occupancy thereof for human habitation, when connected to utilities, whether resting on wheels, jacks, blocks, or other temporary foundation and used or so construed as to permit its being used as a conveyance upon the public streets and highways and exceeding a gross weight of four thousand five hundred (4,500) pounds and an overall length of thirty (30) feet, and not in compliance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974.
"MOBILE USE, MEDICAL." A vehicle used for the following: blood donations, immunization, medical evaluation, imaging, diagnostic or testing procedures. It does not include massage or any type of surgery.
"MODULAR HOME." Factory-built housing certified as meeting the local or state building code as applicable to modular housing. Once certified by the state, modular homes shall be subject to the same standards of applicable city and state building code requirements.
"MOTOR HOME." A self-propelled recreational vehicle constructed with permanently installed facilities for cold storage, cooking and consuming food, and for sleeping.
"MUSEUM." A building, place, or institution devoted to the acquisition, conservation, study, exhibition, and educational interpretation of objects having scientific, historical, or artistic value.
"NONCONFORMING BUILDING." A building existing lawfully prior to the time this zoning code, or an amendment thereto, became effective, but which does not comply with the area, height, or bulk of building, yard, or other requirements of the district in which it is located.
"NONCONFORMING SIGN." A permanent sign existing on any premises which was legal prior to the effective date of the applicable section or sections of this zoning code, but which does not comply with the provisions of this zoning code.
"NONCONFORMING USE." The use of a building or land, existing lawfully prior to the time this zoning code, or an amendment thereto, became effective, but which does not comply with the use regulations, off-street parking requirements, loading requirements, performance standards, or other regulations of the district in which it is located.
"OFFICE." A building or portion of a building wherein services are performed involving predominately administrative, professional or clerical operations.
"OFFICE, MEDICAL." Offices organized as a unified facility for licensed physicians, dentists, chiropractors, nurse practitioners, or other health care professionals providing diagnosis or care of sick or injured persons but are not provided with room and board and are not kept overnight on the premises. Medical services and medical clinics include medical and dental laboratories incidental to the medical office use.
"OPEN SPACE." An area of land or an area of water, or a combination thereof, that is designed for either environmental, scenic, or recreational purposes. It may include buffer areas, active and passive recreation areas, wooded areas, water courses, and similar amenities. Open space shall not include off-street parking areas, streets, or part of road rights-of-way.
"OUTDOOR DINING." A porch, patio, deck or other area used for consumption of food and/or beverages by the public which is not completely enclosed within the exterior building walls, windows and doors of a limited restaurant, full service restaurant or a drinking establishment, and which may or may not have a solid roof cover.
"OUTDOOR SALES." Any unenclosed area exhibiting sample goods, merchandise, or vehicles for rental, lease, or sale.
"OUTDOOR STORAGE." The keeping, in an enclosed or unenclosed area, of any goods, junk materials, merchandise or vehicles in the same place for more than twenty-four (24) hours.
"PARCEL." Any quantity of land and water capable of being described with such specificity that its location and boundaries may be established as distinct from other parcels which is designated by its owner or developer as land to be used or developed as a unit, or which has been used or developed as a unit.
"PARK, PRIVATE." A park or playground which is not owned by a public agency, and which is operated for the exclusive use of private residents or neighborhood groups and their guests and not for use by the public.
"PARK, PUBLIC." Any land owned by the public and open for use by the public for active or passive recreational purposes or as a refuge for wildlife.
"PARKING DRIVE." The driveway or access drive by which a car enters and departs a parking space.
"PARKING GARAGE." A structure built that may be above grade, below grade, or a combination thereof, that provides off-street parking for motorized vehicles.
"PARKING LOT." An area of ground upon a lot that is used for the parking of vehicles.
"PERSON WITH A DISABILITY." A person with a physical, emotional, or mental disability, including, but not limited to, an intellectual disability, cerebral palsy, epilepsy, autism, deafness or hard of hearing, sight impairments, and orthopedic impairments, but not including convicted felons or misdemeanants 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 alcohol or any controlled substance as regulated under KRS Chapter 218A.
"PERSONAL SERVICE." An establishment primarily engaged in providing individual services generally related to personal needs, such as, but not limited to, barber shops, beauty shops, nail salons, day spas, travel agencies, and photographic studios.
"PLACES OF WORSHIP." An institution that a congregation of people regularly attends to participate in or hold religious services, meetings, and other activities, including buildings in which the religious services of any denomination are held.
"PRESERVATION." The process, including maintenance, of treating an existing building to arrest or slow future deterioration.
"RECREATION, COMMERCIAL." A public or private indoor or outdoor recreation facility operated as a commercial activity, including but not limited to batting cages, bowling alleys, dragstrips, raceways, golf driving ranges, archery ranges, shooting ranges, mechanical rides, miniature golf courses, golf courses, tennis clubs, arenas, amphitheaters, stadiums, health and fitness facilities, and swimming pools.
"REHABILITATION, BUILDING." The act or process of returning a building, object, site, or structure to a state of utility through repair or remodeling.
"RELOCATION." Any change in the position of a structure or object from one setting to another.
"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 shall include, but is not limited to, supervision, shelter, protection, rehabilitation, personal development, and attendant care.
"RESIDENTIAL CARE FACILITY, LARGE." A facility designed for and occupied by nine (9) or more residents living together.
"RESIDENTIAL CARE FACILITY, SMALL." A facility designed for and occupied by eight (8) or fewer residents living together.
"RESTAURANT." An establishment whose principal business is the selling of food and beverages to the customer in a ready-to-consume state, in individual servings.
"RESTORATION." The act or process of accurately recovering the exterior form and details of a building, object, site, or structure, and its setting as it appeared at a period by means of the removal of later work or by the replacement of missing earlier work.
"RETAIL SALES." An establishment engaged in the sales of goods, including, but not limited to: clothing and shoes, jewelry, luggage and leather goods, alcoholic beverage sales, furniture and home furnishings, electronic appliances, sporting goods and hobbies, books, periodicals and music, tobacco sales, department stores, flowers, office supply and stationery, gifts and novelties, pets, hardware, pawn shops, video stores and auto parts. The classification includes the retail sale of merchandise not specifically listed under another use classification.
"RIGHT-OF-WAY." All of the land included within an area which is dedicated, reserved by deed, or granted by easement for street purposes.
"SCHOOL." A facility that provides a curriculum of elementary or secondary academic instruction, including kindergartens, elementary schools, junior high schools, high schools, and technical and collegiate level courses.
"SELF-STORAGE FACILITY." A building or group of buildings consisting of individual, self-contained units leased to individuals, organizations, or businesses for the storage of personal property.
"SENIOR LIVING FACILITY." See "ASSISTED LIVING FACILITY".
"SIGN." Any copy, including material used to differentiate the copy from the background, which is applied to a surface as a means of identifying, advertising, announcing, or illustrating products, services and/or events.
"SIGN, ABANDONED." Signage that has been neglected and fallen into disrepair.
"SIGN, AWNING." Applied directly to the surface of an awning; defined as a shelter supported entirely on a wall and made of non-rigid material supported by a frame.
"SIGN, BANNER." Made of non-rigid material with no enclosing framework.
"SIGN, BILLBOARD." A sign that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.
"SIGN, CANOPY." Applied directly to the surface of a canopy; defined as a permanently roofed shelter covering a sidewalk, driveway, or similar area. Canopies may be supported by a building, columns, poles, braces or a combination of both.
"SIGN CLEARANCE." The vertical distance between the lowest point of any sign and the grade at the base of the sign.
"SIGN COPY." Any word, figure, number, symbol or emblem affixed to a sign.
"SIGN, DIRECTIONAL." A non-commercial sign of an instructional nature, such as "parking", "exit" or "entrance", displayed solely for the convenience of the public, no more than twenty-five percent (25%) of such sign being devoted to the name or logo of the property, business or profession on the site and containing no business advertising or product trade name identification or listing of any product sold or offered on the premises.
"SIGN, DOUBLE FACED." Two (2) faces either set parallel or up to a forty-five (45) degree angle. Any two (2) sign faces set at an angle greater than forty-five (45) degrees shall be considered two (2) separate signs.
"SIGN, ELECTRONIC MESSAGE DISPLAY SYSTEM." Copy which uses rotating reflective discs, direct illumination, rotating veins, light emitting diodes (LEDs), liquid crystal diodes (LCDs) or other digital devices and is changed electronically.
"SIGN FACE." The area or display surface used for the message.
"SIGN, FREESTANDING." Attached to the ground by columns, poles, braces, or other means and not attached to any building.
"SIGN, GOVERNMENT." Temporary or permanent, erected by government employees or officers in the performance of their professional/elected duties.
"SIGN, GROSS AREA." The entire area including all of the surfaces placed or designed to be visible from a public right-of-way and measured as the area enclosed by the closest shaped rectangle which completely encloses the sign face, the sides of which contact the extreme point or edges of the sign, excluding the supporting structure if such structure does not form a part of the advertisement of the sign proper. The area of a sign composed of characters or words, if such characters or words stand alone without framing or additional backdrop, which is attached directly to a large, uniform building wall surface, shall be the smallest rectangle which encloses the entire group of characters or words.
"SIGN, HEIGHT." The vertical distance measured from the highest point of the sign, including the frame and any embellishments, to the bottom of the base of the sign.
"SIGN, ILLEGAL." Does not meet the requirements of this sign ordinance and has not been identified as a legal, nonconforming sign.
"SIGN, ILLUMINATED." Emits or reflects artificial light from any source.
"SIGN, INCIDENTAL." Not exceeding two (2) square feet in area.
"SIGN, INTERSTATE." Sign that is designated to be seen from an interstate highway.
"SIGN, MARQUEE." Used in conjunction with a theatre, is attached to the building, and projects from the building.
"SIGN, MENU BOARD." Freestanding signs placed at properties where there is a drive-thru lane, walk-up window or drive-up curbside.
"SIGN, MOBILE." Affixed to a frame having wheels or capable of being moved. Mobile signs do not have a permanent foundation and cannot withstand the wind-load stress requirements of the adopted building code as they are designed to stand free from a building. The removal of the wheels from such a sign or temporarily securing of a sign of this type shall not prevent it from being classified as a mobile sign within this definition. This includes signage placed in a truck bed or on a trailer designed to be pulled behind a vehicle.
"SIGN, MONUMENT." Attached to a permanent foundation or decorative base and not attached to or dependent for support from any building, pole, post or similar upright.
"SIGN, NAMEPLATE/IDENTIFICATION." A sign indicating the name, address, or profession of the person or persons occupying a lot or building or any portions thereof.
"SIGN, NONCONFORMING." Legally erected but does not comply with the current regulations for the zone in which it is located.
"SIGN, NON-ILLUMINATED." Does not emit or reflect artificial light from any source.
"SIGN, OBSCENE." A sign which bears or contains statements, words, or pictures which are obscene under the prevailing state statutes or U.S. Supreme Court decisions.
"SIGN, OFF-PREMISES." A permanent sign which directs attention to a business, commodity, or commercial or non-commercial service or entertainment which is not conducted, sold or offered upon the site where such sign is located or affixed. Billboards are not considered off-premises signs.
"SIGN, POLE." A sign which is supported by a pole or poles and designed to permit pedestrian or vehicular traffic thereunder.
"SIGN, PORTABLE." Small sign, easily transported by hand, placed outside during business hours and brought into the business after hours, usually tent style or A-frame.
"SIGN, PROJECTING." A sign, other than a wall sign, erected on the outside wall of a building and which projects out at an angle therefrom.
"SIGN, ROOF." Projects above the cornice of a flat roof or the ridgeline of a gabled or hipped roof. In determining the top of the roof, calculation shall not include cupolas, pylons, chimneys or other projections above the roofline.
"SIGN, ROTATING OR MOVING." Any portion of which moves by mechanical means or wind; does not refer to changing copy with an electronic message display system.
"SIGN SETBACK." The horizontal distance between any curb or street edge and a sign. The measurement shall be taken at the closest point between the street and any part of the sign.
"SIGN, STREAMER." An attention-attracting device consisting of two (2) or more pennants, banners, balloons, ribbons, reflectors, fringes or similar objects strung together on a common line, pole, or similar structure, or attached to one or more products offered for sale.
"SIGN SURFACE." That part of the sign on which the message is displayed.
"SIGN, TEMPORARY." A banner, pennant, poster, teardrop flag, or similar advertising display constructed of paper, cloth, canvas, plastic sheet, cardboard, wallboard, plywood, or other like materials and that appears to be intended to be displayed for a limited period of time. They are intended to be displayed for not more than fourteen (14) continuous days or more than eight (8) times per calendar year.
"SIGN, TRAILER OR MOBILE." A sign commonly attached to a trailer, or similar device, and mobile, with or without illumination.
"SIGN, VEHICLE." Signage painted directly on a vehicle or attached magnetically.
"SIGN, WALL." Attached directly to a building; includes mansards, canopies, awnings, and signs attached to a roof which to not project above the roofline.
"SIGN, WINDOW." Attached to or located within three (3) feet of the interior of a window and which can be seen through the window from the exterior of the structure.
"SITE, HISTORIC." Any significant historical, archeological, or architectural property without a principal structure, such as the location of a prehistoric or historic activity, or a significant event. A site may also include a property of significant landscape design.
"SKILLED NURSING FACILITY." A facility that offers short and long-term care for individuals who need rehabilitation services or who suffer from serious to persistent health issues. Certificates of need are issued by the State of Kentucky for bed units. Skilled nursing facilities do not include facilities providing surgical or emergency medical services, substance abuse programs, or mental health facilities.
"SOLAR FARM." A utility-scale commercial facility that converts sunlight into electricity, whether by photovoltaics (PV), concentrating solar thermal devices (CST), or various experimental solar technologies, for the primary purpose of wholesale or retail sales of generated electricity.
"SOLAR PANEL." Panels installed on a building or on a lot to allow for the conversion of solar energy to electrical current.
"SQUARE FOOT." A unit of area equal to one (1) foot by one (1) foot square.
"STACKING SPACE." A space specifically designed and designated as a waiting area for vehicles patronizing a drive-through facility or service bay.
"STORY." The portion of a building, other than a basement as defined herein, included between the finished floor and the finished floor next above, or, if no floor above exists, the space between the floor and the ceiling next above.
"STREET FRONTAGE." Property line that lies adjacent to street right-of-way.
"STREET, PUBLIC." A public way for purposes of vehicular travel, including the entire area within the rights-of-way.
"STRUCTURE." A building, object, monument, work of art, or work of engineering permanently affixed to the land.
"SUBDIVISION." The division of a parcel of land into three (3) or more lots or parcels except in a county containing a city with a population equal to or greater than eight thousand (8,000) based upon the most recent federal decennial census or in an urban-county government or consolidated local government where a subdivision means the division of a parcel of land into two (2) or more lots or parcels; for the purpose, whether immediate or future, of sale, lease, or building development, or if a new street is involved, any division of a parcel of land; provided that a division of land for agricultural use and not involving a new street shall not be deemed a subdivision. The term includes resubdivision and when appropriate to the context, shall relate to the process of subdivision or to the land subdivided; any division or redivision of land into parcels of less than one (1) acre occurring within twelve (12) months following a division of the same land shall be deemed a subdivision within the meaning of this definition.
"SWIMMING POOL." An open tank or structure either above or below ground designed to contain a depth of at least twenty-four (24) inches of water at any point, including the lounging and spectator areas and any accessory buildings, structures or equipment. Detention or retention ponds shall not be considered a swimming pool.
"THEATER OR MOVIE THEATER." A building or structure in which movies are screened before a live audience or in which performances are carried out.
"TOWNHOME." See definition of "DWELLING, SINGLE-FAMILY ATTACHED/TOWNHOME."
"USE." Any purpose for which buildings, other structures or land may be arranged, designed, intended, maintained, or occupied; or any activity conducted in a building, other structure or on the land.
"USE, ACCESSORY." A use located on the same zoning lot with the main building, other structure, or land, which is subordinate and related to that of the main building or main use.
"USE, CONDITIONAL." A use which is permitted in a district only if a conditional use permit is therefore expressly authorized by the Board of Zoning Adjustment in accordance with this code.
"USE, PRINCIPAL." A use which is permitted as of right in a district for which a zoning certificate shall be issued by the Building Official, provided that the applicant meets the applicable requirements of this code.
"USE, TEMPORARY." A use permitted for a period specified per this code.
"VARIANCE." The administrative relief provided by the Board of Zoning Adjustment from the strict terms of the relevant regulations.
"VEHICLE." Everything on wheels or runners, including motorized bicycles, but does not mean vehicles operated exclusively on rails or tracks or from overhead electric trolley wires and vehicles belonging to any police department, municipal fire department, or volunteer fire department or used by such department in the discharge of its functions.
"VEHICLE, COMMERCIAL." A vehicle which displays any commercial activity and which use is primarily for commercial purposes.
"VEHICLE, RECREATIONAL." A vehicular portable structure designed and constructed to be primarily used as a temporary dwelling for travel, recreational, and vacation uses including but not limited to motor homes, travel trailers, or truck campers.
"VEHICLE STORAGE." Fleet storage or other inactive vehicle storage which is not accessible to vehicular traffic of the public.
"VEHICLE WASHING ESTABLISHMENTS." A building or enclosed area that provides facilities for washing and cleaning motor vehicles, which may use production line methods with a conveyor, blower, or other mechanical devices and/or which may employ hand labor.
"VETERINARIAN OFFICES. See "ANIMAL HOSPITAL."
"WINDOW DISPLAY." Merchandise or other objects placed inside a building to be viewed from outside the building.
"YARD." The portion of the open area on a lot extending between a building and the nearest lot line.
"YARD, FRONT." The yard extended from the front walls of the main building to the front lot line across the full width of the lot. For the purposes of these regulations, any yard abutting a street shall be considered a front yard.
"YARD, REAR." The yard extending from the rear wall of the main building to the rear lot line across the full width of the lot.
"YARD, SIDE." The yard extending between a side lot line and the nearest wall of the main building, and from the front yard to the rear yard; however, for a corner lot the side yard extends from the front yard to the rear lot line along the side street and shall be considered a second front yard for the purposes of these regulations.
(Ord. 22:2019, passed 6-10-19)