The words which are defined are those which have special or limited meanings as used in this zoning code and might not otherwise be clear. All words herein used in the present tense shall include the future. The singular shall include the plural and the plural, the singular. The word "shall" is mandatory not directory; the word "may" permissive. Unless other wise provided, the following words and phrases are defined as follows.
(A) General definitions.
“ABUT” or “ABUTTING.” Having a common border with, or being separated from such common border by an alley or easement.
“ACCESS.” Any means of ingress/egress to a parcel of property for pedestrians and/or vehicles.
“ACCESSORY BUILDING.” A subordinate structure, detached from but on the same development site as the principal structure, the use of which is incidental and secondary to that of the principal structure. On residential and agricultural property, accessory structures shall not contain kitchen facilities.
"AGRICULTURE" or "AGRICULTURAL." The use of land for the cultivation of crops or the raising of animals or for preservation of land in its natural state.
"ALLEY." Any public or private way set aside or dedicated for public travel, 20 feet or less in width.
“ALTERATION.” Any change or addition to the loadbearing members or the foundation of a structure.
“ANTENNA.” Electronic devices, whose purpose is to receive or transmit signals directly from ground based sources, which are freestanding or mounted to a structure.
“ATTIC.” The non-habitable part of a building immediately below, and wholly or partly within, the roof framing.
“AUTHORIZED AGENT OR OWNER.” The person or persons who have the right or legal title, beneficial interest in, or a contractual right to purchase a lot or parcel of land.
“BASEMENT.” The lowest habitable story of a building usually below, or partially below, ground level.
“BEDROOM.” A room marketed, designed, or otherwise likely to function primarily for sleeping.
“BUFFER.” A unit of land, together with a specified amount of planting thereon, and any fence, wall, or berm which may be required between land uses to eliminate or minimize conflicts between them.
"BUILDING." Any structure for the shelter or enclosure of persons, animals, plant materials, or property.
"BUILDING AREA." The total ground area, taken on a horizontal plane at the mean grade level, of each building and accessory building but not including uncovered entrance platforms, terraces, and steps.
“BUILDING FRONTAGE.” The exterior wall of a building that faces a front lot line of the lot.
"BUILDING HEIGHT." The vertical distance measured from the established mean grade at the front building line to the highest point of the building.
"BUILDING LINE." A line across a lot beyond which no building may extend, as established by ordinance or developer. A building line in some instances may coincide with the property line.
"BUILDING PERMIT." A permit which may be required by appropriate authority in connection with the location, construction, alteration, demolition, or relocation of structures within the area of jurisdiction.
“CALIPER.” A measurement of the size of a tree equal to the diameter of the trunk as measured six inches above the ground up to and including trees of four inch caliper size; and 12 inches above the ground for trees of greater than four inch caliper size; unless otherwise specified.
“CANNABIS BUSINESS.” An entity licensed under KRS Chapter 218B as a cultivator, dispensary, processor, producer, or safety compliance facility. Such licensed cannabis businesses shall not be located within 1,000 feet of an existing elementary or secondary school or a daycare center.
“CANOPY.” A roof-like cover extending over a pedestrian way or right-of-way as a shelter or a shield. This definition shall include the term “awning” and shall apply regardless of the materials used in its construction.
“CARDHOLDER.” A registered qualified patient, designated caregiver, or visiting qualified patient who has applied for, obtained, and possesses a valid registry identification card issued by the Kentucky Cabinet for Health and Family Services for medicinal cannabis in compliance with KRS Chapter 218B; or a visiting qualified patient who has obtained and possesses (l) a valid out-of-state registry identification card; and (2) documentation of having been diagnosed with a qualifying medical condition.
“CARPORT.” An unenclosed paved and covered space for the private use of the owner or occupant of a principal building and situated on the same lot as the principal building, intended for the storage of motor vehicles, with no facilities for mechanical service or repair of a commercial or public nature. It is considered an accessory structure, and therefor shall be allowed only in a rear yard.
“CARRIER/PROVIDER.” See Wireless Communication Service Provider.
“CELLAR.” An uninhabited room used for storage, usually beneath the ground or under a building.
“CERTIFIED SURVEY.” Scaled drawing of a parcel or lot, showing property lines, dimensions, building locations, and other features of a property, which has been signed and sealed by a professional surveyor licensed in the Commonwealth of Kentucky.
"COMMISSION." Murray Planning Commission.
"CONDITIONAL USE." A use which is essential to or would promote the public health, safety, or welfare in one or more districts, but which would impair the integrity and character of the district in which it is located, or in adjoining districts unless restrictions on location, size, extent, and character of performance are imposed in addition to those imposed in the zoning code.
"CONDITIONAL USE PERMIT." Legal authorization to undertake a conditional use which has been authorized in conformance with the zoning code.
"CONDOMINIUM." Form of multi-unit housing in which the owner owns the area between the walls and ceiling. A condominium can take many physical forms - it can be a townhouse, an apartment, or part of a free-standing duplex house. The owner owns a fee simple interest in the actual dwelling unit and is entitled to all the rights of a fee simple holder. The owner is also given an undivided joint interest in all of the common areas of the building.
“CURB CUT.” Vehicular entrance onto a public right-of-way.
“DEDICATION.” The transfer of property interests from private to public ownership for a public purpose. The transfer may be of fee simple interest or of a less than fee interest, including an easement.
“DENSITY GROSS.” Density shall be calculated by using floor area ratio.
"DIMENSIONAL VARIANCE." A departure from the terms of the zoning code pertaining to the height or width of structures and size of yards and open spaces, where such departure will not be contrary to the public interest, and where, owing to the conditions peculiar to the property because of its size, shape, or topography, and not as a result of the actions of the applicant, the literal enforcement of the zoning code would result in unnecessary and undue hardship.
"DORMITORY." A building occupied by and maintained as a place of residence exclusively for students affiliated with an academic or professional college or university when approved and regulated by such institution. The word dormitory shall not be construed to include dwellings, boarding, or rooming houses, fraternity or sorority houses, or any building designed for transient residence.
“DRAINAGE.” The removal of surface water or ground water from land by drains, grading or other means. Drainage includes the control of runoff to minimize erosion and sedimentation during and after development and includes the means necessary for water supply preservation or for the prevention or alleviation of flooding.
“DRAINAGEWAY.” Minor watercourses, natural or manmade, that are defined either by soil type or the presence of intermittent or perennial streams.
"DWELLING." A building or portion thereof, exclusive of mobile homes as herein defined, used for residential purposes.
"DWELLING UNIT." One or more rooms in a dwelling or apartment house designed for residential purposes, and having a kitchen.
"DWELLING UNIT, ACCESSORY." An accessory structure for a guest house or pool house for the purpose of a mother in-law suite or carriage house. This use may be requested in the R-l and R-2 zoning districts through a conditional use permit process. The rental or lease of an accessory dwelling unit, or the use of an accessory dwelling unit as a permanent residence for a secondary family on the premises is prohibited. The maximum area shall be 600 sf or 25% of the area of the principal structure, whichever is larger.
“EXTERIOR STORAGE.” Unroofed storage area, whether fenced or not.
“FAMILY.” One or more persons sharing residency whose income and resources are available to meet the family's needs and who are either related by blood, (immediate family members only), marriage, operation of law or adoption or having evidenced a stable family relationship. A family shall also be deemed to include domestic servants employed by the family and foster or boarded children whose room and board is paid by a recognized child care agency.
“FLOODPLAIN.” Areas adjacent to a river, stream or other drainage way which lie within the 100-year flood elevation contour, as established by Flood Insurance Rate Maps or by certified survey.
"FLOOR AREA." The total floor area of all stories including halls, stairways, elevator shafts, and other related uses, measured to outside faces of exterior walls.
"FLOOR AREA RATIO." The ground floor area of buildings on a lot divided by ground area of the lot on which it is located. Example: a 10,000 sf lot with a F.A.R. of 0.5 would be allowed 5,000 sf for each floor of the building. Density in multi-family zones will be calculated using this method.
"FRATERNITY" or "SORORITY HOUSE." A building housing the members of a fraternity or sorority group living together under a cooperative arrangement as distinct from a boarding or lodging house or private club.
“GARAGE.” A deck or building, or part thereof, used or intended to be used for the parking and storage of motor vehicles.
"HOME OCCUPATION." Any business, professional or commercial activity that is conducted or petitioned to be conducted from and performed on property that is zoned for residential use.
“IMPERVIOUS SURFACE.” A surface that does not absorb water. Buildings, parking areas, driveways, roads, sidewalks, and any surface of concrete or asphalt are impervious surfaces.
"LAND AREA." The total land area within the property lines.
"LANDSCAPING." Landscaping is considered to be the planting and maintenance of a lawn, in addition to some combination of evergreen, shrubs, hedges, vines, or flowers. The combination may include natural features such as rock and stone and structural features including, but not limited to, fountains, walls, fences, and benches.
"LOT." A parcel of land under one ownership occupied by or to be occupied by one principal building and its accessory buildings and including the open spaces and yards required under this chapter.
(1) “LOT AREA.” The area contained within the boundary liens of a lot.
(2) “LOT LINE.” The boundary dividing a lot from a right-of-way, adjoining lot, or other adjoining tract of land.
(3) “LOT, CORNER.” A lot which abuts on two intersecting streets as their intersection.
(4) “LOT, DOUBLE FRONTAGE.” Any lot other than a corner lot which abuts on two streets.
(5) “LOT OF RECORD.” A lot which is duly recorded in the office of the County Clerk.
“LOT WIDTH.” The distance between side lot lines measured at the rear of the minimum required front yard. Lot width shall not be measured at the building line where such line establishes a yard, which exceeds the minimum requirements.
"MAJOR RECREATIONAL EQUIPMENT." Any travel trailer without its own motive power, pickup camper or coach, motorized dwelling and the like, and cases or boxes used for transporting such recreational equipment, whether occupied by such equipment or not.
“MARQUEE.” Any permanent roof-like structure projecting beyond the wall of the building, generally designed and constructed to provided protection from the weather.
“MEDICINAL CANNABIS.” Marijuana as defined in KRS 218A.010 when cultivated, harvested, processed, produced, transported, dispensed, distributed, sold, possessed, or used in accordance with KRS Chapter 218B. This definition includes medicinal cannabis products and raw plant material; but does not include industrial hemp or industrial hemp products as defined in KRS 260.850.
“MEDICINAL CANNABIS CULTIVATOR.” A business that is licensed to grow medicinal cannabis in compliance with KRS 218B, more specifically to: acquire, possess, plant, cultivate, raise, harvest, trim, or store cannabis seeds, seedlings, plants, or raw plant material; deliver, transport, transfer, supply, or sell raw plant material or related supplies to other licensed cannabis businesses in this state; or sell cannabis seeds or seedlings to similar entities that are licensed to cultivate cannabis in this state or in any other jurisdiction.
“MEDICINAL CANNABIS CULTIVATORS' TIERS.”
(1) A Tier I cultivator shall not exceed an indoor growth area of 2,500 square feet.
(2) A Tier II cultivator shall not exceed an indoor growth area of 10,000 square feet.
(3) A Tier III cultivator shall not exceed an indoor growth area of 25,000 square feet.
(4) A Tier IV cultivator shall not exceed an indoor growth area of 50,000 square feet.
“MEDICINAL CANNABIS DISPENSARY.” An establishment that is licensed in compliance with KRS Chapter 218B to: acquire or possess medicinal cannabis from a cultivator, processor, or producer in this state; acquire or possess medicinal cannabis accessories or educational material; supply, sell, dispense, distribute, or deliver medicinal cannabis, medicinal cannabis accessories, and educational material to cardholders or other dispensaries; sell cannabis seeds to similar entities that are licensed to cultivate cannabis in this state or in any other jurisdiction; or acquire, accept, or receive medicinal cannabis products from a cardholder pursuant to KRS 218B.110.
“MEDICINAL CANNABIS PROCESSOR.” A business that is licensed in compliance with KRS Chapter 218B to: acquire or purchase raw plant material from a cultivator, processor, or producer in this state; possess, process, prepare, manufacture, manipulate, blend, or package medicinal cannabis; transfer, transport, supply, or sell medicinal cannabis and related supplies to other cannabis businesses in this state; or sell cannabis seeds or seedlings to similar entities that are licensed to cultivate cannabis in this state or in any other jurisdiction.
“MEDICINAL CANNABIS PRODUCER.” A business that is licensed in compliance with KRS Chapter 218B to: acquire, possess, plant, cultivate, raise, harvest, trim, or store cannabis seeds, seedlings, plants, or raw plant material; deliver, transport, transfer, supply, or sell raw plant material, medicinal cannabis products, or related supplies to other licensed cannabis businesses in this state; sell cannabis seeds or seedlings to similar entities that are licensed to cultivate cannabis in this state or in any other jurisdiction; acquire or purchase raw plant material from a cultivator in this state; or Possess, process, prepare, manufacture, manipulate, blend, or package medicinal cannabis.
“MEDICINAL CANNABIS PRODUCT.” Any compound, manufacture, salt, derivative, mixture, or preparation of any part of the plant Cannabis sp., its seeds or its resin; or any compound, mixture, or preparation which contains any quantity of these substances when cultivated, harvested, processed, produced, transported, dispensed, distributed, sold, possessed, or used in accordance with KRS Chapter 218B. This definition does not include industrial hemp products as defined in KRS 260.850.
“MEDICINAL CANNABIS SAFETY COMPLIANCE FACILITY.” An establishment licensed in compliance with KRS Chapter 218B to: acquire or possess medicinal cannabis obtained from cardholders or cannabis businesses in this state; return the medicinal cannabis to cardholders or cannabis businesses in this state; transport medicinal cannabis that was produced by cannabis businesses in this state; produce or sell approved educational materials related to the use of medicinal cannabis; produce, sell, or transport of equipment or materials other than medicinal cannabis, including but not limited to lab equipment and packaging materials that are used by cannabis businesses and cardholders, to cardholders or cannabis businesses licensed under this chapter; test medicinal cannabis produced in this state; train cardholders and cannabis business agents; receive compensation for actions allowed under this section; and engage in any non-cannabis-related business activities that are not otherwise prohibited or restricted by state law.
“MIXED USE DEVELOPMENT.” The development of a tract of land and/or structure with two or more uses of different land use categories. Such developments include, but are not limited to, combination of residential, office, retail, public entertainment, and/or manufacturing uses in a compact urban form such as an office or research park.
“MOBILE HOME OR MANUFACTURED HOME.” Any trailer or similar portable structure without its own motive power, having no integral foundation other than wheels, jacks, or skirtings and used, designed, or constructed to be transported on the public streets and designed or constructed to permit occupancy, either permanent or temporary. Removal of the means of conveyance from the “MOBILE HOME” does not change the nature of a “MOBILE HOME” as defined in this chapter. The term “MOBILE HOME” does not include travel trailers without their own motive power, pickup campers, or coaches, and dwellings with their own motive power.
"MOBILE HOME OR MANUFACTURED HOME PARK." As defined in KRS 219.320 a "MOBILE HOME OR MANUFACTURED HOME PARK" means a parcel of land, under the control of any person, available to the public in which two or more mobile home lots are occupied or intended for occupancy by mobile homes and includes any service building, structure, enclosure or other facility used as a part of the park.
"NONCONFORMING STRUCTURE" or "NONCONFORMING USE." A structure or use of any premises which does not confirm with all provisions of this chapter but which lawfully existed before its designation as nonconforming by the adoption or amendment of this chapter.
"OPACITY." Opacity is the concealment of office, institutional, business, and industrial development from the view of adjacent residential or agricultural properties.
“OPEN SPACE.” Any parcel or area of land or water, either publicly or privately owned, set aside, dedicated, designated, or reserved for the private use or enjoyment of owners or occupants of land adjoining such open space, or for the public at large.
“PARCEL (TRACT) OF LAND.” A separately designated area of land, larger than an individual lot, delineated by identifiable legally recorded boundary lines.
"PARKING SPACE." An off-street space available for the parking of one motor vehicle and having an area of not less than 162 square feet, exclusive of driveways, and shall have direct access to a street or alley. Except on lots occupied by single-family and two-family dwellings, parking spaces shall be so arranged as to provide for both ingress and egress by forward motion of vehicles using parking spaces.
“PLANNED DEVELOPMENT PROJECT.” An area of land on which two or more principal structures are planned to be built.
"PLAT." A map, plan, or chart of a tract of land or property which is drawn to scale and shows the existing or proposed location of boundary lines, buildings, structures, uses, or any other required data or information.
“POND.” Natural or artificial body of water which retains water year round and is a body of water of less than two acres. Artificial ponds may be created by dams or may result from excavation. The shoreline of such bodies of water shall be measured from the maximum condition rather than from the permanent pool in the event of any difference.
"PRINCIPAL BUILDING." Any building in which is conducted the principal use of 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.
"PROPERTY LINE." The recorded boundary of a lot or other tract of land under one ownership.
“PUBLIC RIGHT-OF-WAY.” All town, state and federal highways and the land on either side as covered by statutes.
“PUBLIC SERVICE BUILDING.” Any building necessary for the operation and maintenance of a utility.
“RECREATIONAL VEHICLE.” A vehicle of unit that is mounted or drawn by another vehicle primarily designed for temporary living. Recreational vehicles include travel trailers, camping trailers, truck campers and motor homes. Recreational vehicles shall not be permanently affixed to the ground or any structure.
“RECREATIONAL VEHICLE PARK.” A lot on which campsites are established for occupancy by recreational vehicles of the general public as temporary living quarters for purposes of recreation or vacation. No recreational vehicle park shall be platted or otherwise divided by fee simple ownership; however, the sales of memberships and assignment of campsites on a condominium basis is permitted. All facilities and amenities, including, but not limited to, roads, clubhouse or recreational facilities, and buffers are privately owned or owned in common by members of a condominium association.
“SATELLITE DISH.” Parabolic or spherical antenna whose purpose is to receive and/or transmit audio and/or television signals to or from satellites.
“SETBACK LINE.” The required minimum distance between a structure and the front, side, or rear lot line.
"SHOPPING CENTER." A unified grouping in one or more buildings or retail shops and stores which are planned, developed, owned and managed as a unit and related in size (gross floor area) and type of shops to the trade area that the unit serves.
“SHRUB.” Any woody plant without a trunk but with several stems growing from the base.
"SIGN." Any name, identification, description, display, illustration, or device which is affixed to or represented directly or indirectly upon a building, structure, or land, in view of the general public, and which directs attention to a product, place, activity, person, institution, or business.
(1) “BANNER.” Any sign made of cloth, canvas, plastic sheeting or any other flexible material, which is not rigidly and permanently attached to a building or the ground through a permanent support structure.
(2) “BILLBOARD.” A large scale, outdoor sign board exceeding 80 square feet that directs attention to a business, profession, product, service or entertainment not sold or offered on the premises where such sign is located or to which it is attached.
(3) “CANOPY SIGN.” A sign that is part of or attached to a canopy or awning.
(4) “DIRECTIONAL SIGN.” Any non-commercial sign of an instructional nature, bearing no business advertising and displayed for the convenience of the public.
(5) “FASCIA SIGN.” A wall sign.
(6) “FLASHING SIGN.” A sign, the illumination of which is not kept constant in intensity at all times when in use. Illuminated signs which indicate time, temperature, weather, or other similar public service information shall not be considered flashing signs.
(7) “ILLUMINATED SIGN.” Any sign designed to emit artificial light.
(8) “INDIRECTLY ILLUMINATED SIGN.” Any sign designed to reflect artificial light from any source.
(9) “MARQUEE SIGN.” An identification sign attached to the bottom of a marquee.
(10) “MOBILE SIGN.” Mobile signs are signs which are affixed to a frame having wheels and capable of being carried, or otherwise portable, and designed to stand free from a building or other structure. Signs designed to be affixed to the surface of real estate shall be deemed free-standing signs and not mobile signs, but the mere removal of wheels or temporary securing of a sign to the surface of real estate shall not prevent its being a mobile sign within this definition. This type of sign is not permitted in any zone.
(11) “MONUMENT TYPE SIGN.” Monument type signs shall be signs that are permanently attached to or supported by the ground and where the base of said sign is no higher than two feet above grade. A monument type sign shall include a supporting base composed of stone, brick, architecturally treated wood or similar materials. All monument type signs shall be complimented by landscaping unless located in a hard-surface area. Refer to sign regulations section.
(12) “NON-ILLUMINATED SIGN.” Any sign which is not artificially lighted either directly or indirectly.
(13) “OFF-PREMISES SIGN.” A sign structure advertising an establishment, merchandise, or service which is not sold, provided, manufactured or furnished at the property on which said sign is located.
(14) “PROJECTING SIGN.” A sign which is attached directly to the wall perpendicular to the face of the building more than 12 inches.
(15) “ROOF SIGN.” A sign attached to the part of a building considered to be the roof. The roof is that part of a building that protects the interior portion of said building.
(16) “SURFACE AREA OF SIGN.” The entire aggregate area of the actual sign surface. It does not include any structural elements outside the limits of such sign and not forming an integral part of the display. Only one side of a double-faced sign structure shall be used in computing total surface area.
(17) “TEMPORARY SIGN.” Any sign or display, banner, pennant, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, or other light materials, with or without frames, intended to be displayed for a limited period of time only.
(18) “TRACT SIGN.” A temporary sign advertising the original sale of property.
(19) “WALL SIGN.” Any sign including a fascia sign which is attached parallel to the face of the wall of a building or other structure.
(20) “WINDOW SIGN.” Any sign, picture or symbol that is attached to the interior or exterior of a window or window frame, not to exceed 25% of the window area.
"SCREENING." Screening is defined as decorative fences or walls, evergreen vegetation, or landscaped areas, which are set forth for the purpose of concealing the view of office, institutional, business, and industrial properties from adjacent residential or agricultural properties.
“SITE PLAN.” A plan drawn to scale by a licensed engineer or other qualified professional, showing uses, structures, and all other physical features proposed for the development site, including buffers, parking, landscaping and drainage facilities.
“STEEP SLOPE.” Land area where the inclination of the land's surface from the horizontal is 30% or greater. Slope is determined from on-site topographic surveys with a two foot contour interval.
"SLEEPING ROOM." A single room rented for dwelling purposes but without the amenities for separate and independent housekeeping.
“STREAM, PERENNIAL.” A natural watercourse which contains flowing water year round.
“STREET, CENTERLINE.” That line surveyed, monumented and designated by the city as being the center of a street right-of-way.
"STREET, PRIVATE." A private vehicular way providing access to two or more lots, permitted as a sole means of access to any such lots if the following conditions are met.
(1) Such street shall be approved by the Planning Department and the Street Department as adequate in width, design, improvement, and location with respect to the lots it is intended to serve, other adjacent lots, and public street intersections.
(2) All easements required are provided in a manner, scale, and location acceptable to the city.
(3) Satisfactory arrangements are made for permanent private maintenance in good condition.
"STREET, PUBLIC." A thoroughfare which affords the principal means of access to abutting property.
"STRUCTURE." Anything constructed, the use of which requires permanent location on the ground, or attached to something having permanent location on the ground.
“STRUCTURE, ACCESSORY.” A subordinate structure, detached from but on the same development site as the principal structure, the use of which is incidental and secondary to that of the principal structure. Accessory structures shall not be constructed prior to the principal structures. On residential and agricultural property, accessory structures shall not contain kitchen facilities.
“STRUCTURE, PRINCIPAL.” A building in which is conducted, or in which is intended to be conducted, the main or principal use of the lot on which it is located. Two or more structures connected by a breezeway or other similar construction, shall not constitute a single or principal structure.
“SUBDIVISION.” Any division or redivision of a tract, parcel, or lot into two or more parts by means of platting of boundaries in accordance with the City of Murray Subdivision Regulations.
“TELECOMMUNICATION FACILITIES, WIRELESS.” Any and all buildings, structures, fixtures or other accessories (such as electrical boxes, equipment, sheds, guy wires, etc.) installed, used or intended for use in conjunction with any of the following:
(1) “CELLULAR COMMUNICATIONS FACILITIES.” Low power transmitters used to transmit signals in a cell of cellular radio-telephone services (cellular phones), personal communications services (PCS), enhances specialized mobile radios (ESMR), trunk mobile cellular phones, paging services and similar cellular based communications to the general public.
(2) “COMMERCIAL SATELLITE FACILITIES.” Satellite earth stations which are greater than two meters in diameter, and are used to send and/or receive satellite signals and similar communications.
(3) “MICROWAVE RELAY FACILITIES (REPEATER).” Used to transmit radio signals between two or more fixed points by microwave antennas and similar transmission services.
“TELECOMMUNICATION TOWER.” Any ground-mounted structure that is designed and constructed primarily for the purpose of supporting one or more communication antennas. Communications towers shall include:
(1) “CAMOUFLAGED TOWERS.” Self-supporting towers concealed so that they blend with their surroundings. Such towers may be constructed to resemble objects, such as a tree or a street light, or may be concealed within another structure, such as a clock tower, church steeple or lamp post.
(2) “GUYED TOWERS.” Towers anchored with guy wires.
(3) “MONOPOLE TOWERS.” Cylindrical self-supporting towers constructed as a single spire.
(4) “SELF-SUPPORTING OR LATTICED TOWERS.” Self-supporting towers with multiple sides of open-frame supports.
"TOWNHOUSE." Form of multi-unit housing in which the owner owns the area in the unit and also owns the land on which the unit is located.
"USE." Use broadly refers to the activities which take place on any land or premises and also refers to the structures located thereon and designed for those activities.
(1) “ACCESSORY.” An accessory use is one which:
(a) Is subordinate to and serves a principal structure or a principal use;
(b) Is subordinate in area, extent, and purpose to the principal structure or use served;
(c) Is located on the same development site as the principal structure or use served; and
(d) Is customarily incidental to the principal structure or use.
(2) “PRINCIPAL.” The specific primary purpose for which land is used.
(3) “TEMPORARY.” A temporary use is one established for a fixed period of time with the intent to discontinue such use upon the expiration of such time. Such uses do not involve the construction or alteration of any permanent structure.
“WIRELESS COMMUNICATIONS SERVICE PROVIDER.” Any private company, corporation, or similar such entity providing two-way interactive communication services to the general public by way of cellular communication facilities.
“WOODLAND.” An area of natural vegetation or planted material, at least 50 feet in depth, covering one acre or more and consisting substantially of canopy trees.
"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 chapter. Yards are further defined as follows:
(1) "FRONT YARD." That portion of the yard extending the full width of the lot and measured between the front lot line and parallel line tangent to the nearest part of the principal building, which line shall be designated as the front yard line.
(2) "REAR YARD. That portion of the yard extending the full width of the lot and measured between the rear lot line and parallel line tangent to the nearest part of the principal building.
(3) "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.
"ZONING OFFICIAL." Director of Planning or the Director's designee.
(B) Use classification definitions.
(1) Residential uses described. Residential uses include the occupancy of living accommodations on a non-transient basis excluding short-term rentals. Residential use classifications are described as follows:
"BED AND BREAKFAST RESIDENTIAL." The use of a residential structure to provide rooms for temporary lodging for overnight guests on a paying basis where meals are served or provided by the host to any guest.
"MULTI-FAMILY RESIDENTIAL." The use of a site for two or more dwelling units, within one or more buildings, and includes condominium residential use.
"SHORT-TERM RENTAL." The rental, leasing, or assigning of a residential dwelling unit for a tenancy of less than 30 consecutive days in duration and where no meals are served or provided by the host to any guest. A short-term rental may be owner occupied or non-owner occupied.
"SINGLE-FAMILY RESIDENTIAL." The use of a site for only one dwelling unit.
(2) Commercial uses described. Commercial uses include the sale, rental, servicing, and distribution of goods, and the provision of services, other than those classified as industrial or civic uses. Commercial use classifications are described as follows:
"ADMINISTRATIVE AND BUSINESS OFFICES." The use of a site for the provision of executive, management, or administrative services. This use includes administrative offices and services, including real estate, insurance, property management, investment, personnel, travel, secretarial, telephone answering, and photocopy and reproduction; and business offices for public utilities, organizations, associations, and other use classifications if the service rendered is customarily associated with administrative office services.
"AGRICULTURAL SALES AND SERVICES" The use of a site for the on-site sale of feed, grain, fertilizers, pesticides and similar goods, or the provision of agricultural services with incidental storage of goods off-site. This use includes hay, feed, and grain stores and tree service firms.
"AUTOMOTIVE RENTALS." The use of a site for the rental of automobiles, non-commercial trucks, trailers, or recreational vehicles, including incidental parking and servicing of vehicles. This use includes auto rental agencies, trailer rental agencies, and taxicab parking and dispatching.
"AUTOMOTIVE REPAIR SERVICES." The use of a site for the repair of automobiles, noncommercial trucks, commercial trucks, trailers, motorcycles, motor-homes, recreational vehicles, or boats, including the sale, installation, and servicing of equipment and parts. This use includes muffler shops, auto repair garages, tire sales and installation, wheel and brake shops, body and fender shops, and similar repair and service activities, but excludes dismantling or salvage.
"AUTOMOTIVE SALES." The use of a site for sale or rental of automobiles, non-commercial trucks, motorcycles, motor-homes, recreational vehicles, or boats, including incidental storage, maintenance, and servicing. This use includes new and used car dealerships, motorcycle dealerships, and boat, trailer, and recreational vehicle dealerships.
"AUTOMOTIVE WASHING." The use of a site for washing and cleaning of passenger vehicles, recreational vehicles, or other light duty equipment.
"COCKTAIL LOUNGE." The use of a site for retail sale of alcoholic beverages for consumption on the premises, including taverns, bars, and similar uses, other than a restaurant use as that term is described in this section.
"COMMUNICATIONS SERVICES." The use of a site for the provision of broadcasting or information relay services through electronic and telephonic mechanisms, but excludes major utility facilities. This use includes television, film, or sound recording studios, telecommunication service centers, and telegraph service offices.
"CONVENIENCE STORE." The use of a site for a retail establishment selling food for off-premises consumption and a limited selection of groceries and sundry items (and possibly gasoline, but not required).
"FINANCIAL SERVICES." The use of a site for the provision of financial and banking services and the use of a site for a check cashing, payday advance or loans, money transfer, or motor vehicle title loan business. This use includes banks, credit unions, savings and loan institutions, stock and bond brokers, lending activities, and similar services.
"FOOD SALES." The use of a site for the retail sale of food or household products for home consumption. This use includes grocery stores, delicatessens, meat markets, retail bakeries, and candy shops.
"FUNERAL SERVICES." The use of a site for the preparation of human or animal remains for burial or arranging or managing funerals. This use includes funeral homes and mortuaries. An included crematorium may be requested through conditional use permit process.
"GARDEN CENTER." The use of a site for a place of business where garden-related products and produce is sold to the retail consumer. These centers, which may include a nursery and/or greenhouses, bring in most items offered for sale from other locations. These items may include plants, nursery items and stock, fertilizers, potting soil, hardware, power equipment and machinery, manual garden and farm tools and utensils.
"HOTEL-MOTEL." The use of a site for the provision of rooms for temporary lodging which sleeping units are occupied on a daily or short-term basis. A hotel or motel may include a restaurant, banquet or ballrooms, or a convention center.
"INDOOR ENTERTAINMENT." A predominantly spectator use conducted within an enclosed building. This use includes meeting halls and dance halls.
"INDOOR SPORTS AND RECREATION." use is a recreational use conducted within an enclosed building. This use includes bowling alleys, billiard parlors, ice and roller skating rinks, penny arcades, electronic video arcades, indoor golf simulators, and indoor sports courts or fields.
"KENNELS." The use of a site for the boarding and care of dogs, cats, or similar small animals. This use includes boarding kennels, pet motels, and dog training centers. The sale or resale of animals is not permitted.
"LAUNDRY SERVICES." The use of a site for the provision of laundering, dry cleaning, or dyeing services other than those classified as personal services. This use includes bulk laundry and cleaning plants, diaper services, and linen supply services.
"LIQUOR SALES." The use of a site for the sale of alcoholic beverages. Bars/taverns, malt beverage/package sales, restaurants, convention centers, golf courses and similar entities that sell alcoholic beverages must comply with state and city regulations.
"MEDICAL OFFICES." The use of a site for the consultation, diagnosis, therapeutic, preventative, or collective personal treatment by doctors, dentists, medical or dental laboratories, or similar practitioners of medical and healing arts for humans, licensed for practice by the state. The use includes a compounding pharmacy that does not exceed 3,000 square feet of gross floor area. A compounding pharmacy may prepare and sell prescription drugs and also sell non-prescription drugs, medical supplies, and other health products.
"OUTDOOR ENTERTAINMENT." The use conducted in open, partially enclosed, or screened facilities. This use includes driving ranges, miniature golf courses, golf courses, swimming pools, tennis courts, racquetball courts, sports areas, and amusement parks.
"PERSONAL IMPROVEMENT SERVICES." The use of a site for the provision of informational, instructional, personal improvement, and similar services. This use includes photography studios, driving schools, physical fitness gyms, reducing salons, dance studios, and handicraft or hobby instruction.
"PERSONAL SERVICES." The use of a site for the provision of periodically needed services of a personal nature. This use includes beauty or barber shops, seamstress or tailor services, shoe repair shops, dry cleaning pick-up station services, spas, salons, small fitness studios, and tattoo/piercing shops.
"PET SERVICES." The use of a site for the retail sale of small animals customarily used as household pets, or the provision of veterinary, grooming, or boarding services, totally within a building. This use includes pet stores, small animal clinics, and pet grooming shops. Livestock and large animals are excluded.
"PLANT NURSERY." The use of a site for sale of plants or related goods or services. This use includes garden centers and tree farms.
"PRINTING AND PUBLISHING." The use of a site for the bulk, reproduction, printing, cutting, or binding of written or graphic material.
"PROFESSIONAL OFFICE." The use of a site for the provision of professional or consulting services in the fields of law, architecture, design, engineering, accounting, insurance, research, or similar professions.
"RECREATIONAL EQUIPMENT SALES." The use of a site for the sale or rental of sports equipment, watercraft, watercraft motors, campers, trailers, motorcycles, or motor homes, and includes incidental storage, maintenance, and servicing.
"RESEARCH SERVICES." Research of an industrial or scientific nature. This use includes electronics research laboratories, space research or development firms, and pharmaceutical research labs, and excludes large scale product testing.
"RESTAURANT." The use of a site for the preparation and retail sale of food and beverages to be consumed on site but could include take out, pick up, or delivery services.
"RETAIL SALES AND CONSUMER SERVICE (GENERAL)." The use of a site for the sale of any product or merchandise to customers for their own personal consumption and use, not for resale.
"RETAIL SALES AND CONSUMER SERVICE (OUTDOOR STORAGE)." The use of a site as described above in "RETAIL SALES AND CONSUMER SERVICE (GENERAL)" with an allowable limitation of 1,000 SF for storage of outdoor merchandise within 35 ft. of the building as long as it is displayed and secured in a fashion that is organized, meeting all setbacks, and safety, fire, and building code regulations. Additional space for storage of outdoor merchandise can be requested through a conditional use permit process. Any conditional use permit approved for outdoor storage of merchandise shall be located at least ten feet from all entrances and exits. Vending machines, ice boxes, and red box machines are exempt. Items brought out during regular business hours within 35 ft. of the main business door and taken in during the night are exempt.
"SCRAP AND SALVAGE SERVICES. The use of a site for the storage, sale, dismantling or other processing of used or waste materials that are not intended for re-use in their original forms. This use includes automotive wrecking yards, junk yards, and paper salvage yards. Refer to § 156.017
.
"SERVICE STATION. The use of a site for the provision of fuel, lubricants, parts and accessories, or incidental services to motor vehicles.
"STORAGE BUILDING." The use of a site for the purposes of self-storage units. No sales, service, or repair activities other than the rental of "dead" storage units are permitted on the premises.
"THEATER." The use of a site for presentation of plays, motion pictures, or other dramatic performances within a building or in an outdoor setting such as a drive in theater.
(3) Industrial uses described. Industrial uses include the on-site extraction or production of goods by non-agricultural methods, and the storage and distribution of products. Industrial use classifications are described as follows:
"BASIC INDUSTRY. The use of a site for: (a) the basic processing and manufacturing of materials or products predominantly from extracted or raw materials; (b) storage or manufacturing processes that involve flammable or explosive materials; or (c) storage or manufacturing processes that involve hazardous or commonly recognized offensive conditions, including poultry processing.
"CUSTOM MANUFACTURING." The use of a site for on-site production of goods by the use of hand tools, domestic mechanical equipment not exceeding five horsepower, or a single kiln not exceeding 12 kilowatts, and the incidental sale of those goods. This use includes candle-making shops and custom jewelry manufacturing.
"GENERAL WAREHOUSING AND DISTRIBUTION." Open-air storage, distribution, or handling of materials or equipment. This use includes monument or stone yards, grain elevators, and open storage yards.
"LIGHT INDUSTRY." The use of a site for manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, research, and incidental storage, sales, and distribution of the products. This use excludes basic industrial processing.
"LIMITED WAREHOUSING AND DISTRIBUTION." The use of a site for provision of wholesaling, storage, or warehousing services within an enclosed structure. This use includes wholesale distributors, storage warehouses, and moving or storage firms.
"NON-RETAIL SALES AND SERVICES." The use of a site for sales and services to customers who intend resale of the products or merchandise sold or handled. For example, non-retail sales includes wholesaling, warehousing, trucking terminals and similar enterprises.
"RECYCLING CENTER." The use of a site for collection, transfer, or processing of recyclable materials. Recyclable materials include glass, paper, plastic, cans, or other source-separated, non-putrescible materials. This use excludes bulk or single-feed reverse vending machines.
(4) Agricultural uses described. Agricultural uses include the on-site production of plant and animal products by agricultural methods. Agricultural use classifications are described as follows:
"AGRITOURISM." The use of a site for any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, ranching, historic, cultural harvest-your-own activities, or natural activities and attractions. This use excludes hunting.
"ANIMAL PRODUCTION." The use of a site for the raising of animals or production of animal products including eggs and dairy products, on an agricultural or commercial basis. This use includes fishing, grazing, ranching, dairy farming, and poultry farming.
"AQUAPONIC SYSTEM." The use of a site for symbiotic cultivation of fish and plants in a recirculation system, not to include cannabis business.
"CROP PRODUCTION." The use of a site for the raising and harvesting of tree crops, row crops, or field crops on an agricultural or commercial basis, including packing and processing.
"HORTICULTURE." The use of a site for the growing of horticultural or flora cultural specialties, including flowers, shrubs, and trees intended for ornamental or landscaping purposes, but excluding retail sales. This use includes wholesale plant nurseries and greenhouses, not to include cannabis business.
(5) Civic uses described. Civic uses include the performance of utility, educational, recreational, cultural, medical, protective, and governmental functions, and other uses that are strongly vested with public or social importance. Civic use classifications are described as follows:
"ADMINISTRATIVE SERVICES." The use of a site for provision of offices or administrative, clerical, or public contact services, together with incidental storage and maintenance of necessary vehicles. This use includes offices and courthouses serving federal, state, county, and city government.
"AVIATION FACILITIES." The use of a site for provision of landing fields, aircraft parking and service facilities, and related facilities for operation, service, fueling, repair, storage, charter, sales, or rental of aircraft, including activities directly associated with the operation and maintenance of airport facilities.
"CAMP." The use of a site for provision of indoor or outdoor activities, including sports, arts and crafts, entertainment, recreation, educational activities, swimming, fishing, horseback riding, and incidental food service. If incidental to the camp use, camp facilities may be used to provide meeting, recreation, or social facilities for a private association or group.
"CEMETERY." The use of land that is dedicated for cemetery purposes for the burial of the dead, including columbariums, mausoleums, and mortuaries. An included crematorium may be requested through conditional use permit process.
"CLUB OR LODGE" The use of a site for provision of meeting, recreational, or social facilities by a private or nonprofit organization, primarily for use by members and guests. This use includes private social clubs and fraternal organizations.
"COLLEGE AND UNIVERSITY FACILITIES." The use of a site as an educational institution of higher learning that offers a course of study designed to culminate in the issuance of a degree in accordance with Kentucky Statutes.
"COMMUNICATION SERVICE FACILITIES." The use of a site for the transmission, transfer, or distribution of telephone service and related activities.
"COMMUNITY EVENTS." A use for a city sponsored or approved event.
"CONGREGATE LIVING." The use of a site for the provision of 24 hour supervision and assisted living for more than 15 residents not needing regular medical attention. This use includes personal care homes for the physically impaired, mentally challenged, developmentally disabled, or persons 60 years of age or older, basic child care homes, maternity homes, and emergency shelters for victims of crime, abuse, or neglect.
"CONVALESCENT SERVICES." The use of a site for the provision of bed care and in-patient services for persons requiring regular medical attention. This use excludes the provision of surgical or emergency medical services and the provision of care for alcoholism, drug addiction, mental disease, or communicable disease.
"CONVENTION CENTER." The use of a site for conventions, meetings, exhibitions, shows, gatherings, presentations, or celebrations, including related incidental facilities for office and administrative use, food and beverage preparation and service, and on-site and off-site parking facilities.
"COUNSELING SERVICES." The use of a site for the provision of counseling to neglected or abused children, 15 years of age or younger, or their managing conservators, who are referred by a governmental entity or other counseling service providers.
"CULTURAL SERVICES." The use of a site for a library, museum, or similar facility.
"DAY CARE SERVICES." The use of a site for the provision of daytime care for more than four children. This use includes nursery schools, pre-schools, day care centers for children or adults, and similar uses, and excludes public and private primary or secondary educational facilities.
"DETENTION FACILITIES." The use of a site for the provision by a public agency of housing and care for legally confined individuals.
"HEALTH CARE FACILITIES (GENERAL)." The use of a site for the provision of medical, psychiatric, or surgical services on an in-patient basis, and includes ancillary facilities for out-patient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, and visitors.
"HEALTH CARE FACILITIES (LIMITED)." The use of a site for the provision of medical, psychiatric, or surgical services on an out-patient basis, and includes emergency treatment, diagnostic services, training, administration, and services to out-patients, employees, and visitors.
"LOCAL UTILITY SERVICES." The use of a site for the provision of services that are necessary to support the development in the area and involve only minor structures including lines and poles.
"PARKS AND RECREATION SERVICES." The use of a site for the provision of parks, playgrounds, recreation facilities, or open spaces available to the general public and under the management or control of a public agency.
"POSTAL FACILITIES." The use of a site for the provision of postal services and includes post offices, bulk mail processing, and sorting centers operated by the United States Postal Service.
"PUBLIC PRIMARY EDUCATIONAL FACILITIES." The use of a site for a public school offering instruction at the elementary school level in the branches of learning and study required to be taught in the public schools of the state.
"PUBLIC SECONDARY EDUCATIONAL FACILITIES." The use of a site for a public school offering instruction at the junior and senior high school levels in the branches of learning and study required to be taught in the public schools of the state.
"RELIGIOUS ASSEMBLY." The use of a site for regular organized religious worship or religious education in a permanent or temporary building. The use excludes private primary or secondary educational facilities, community recreational facilities, day care facilities, and parking facilities.
"RESIDENTIAL CARE FACILITIES." The use of a residence operated and maintained by a sponsoring private or governmental agency to provide services in a homelike setting for the elderly or persons with disabilities.
"SAFETY SERVICES." The use of a site for provision of public safety and emergency services, and includes police and fire protection and emergency medical and ambulance services.
(Am. Ord. 90-925, passed 7-26-90; Am. Ord. 91-952, passed 7-25-91; Ord. 92-970, passed 2-27-92; Am. Ord. 94-1031, passed 9-22-94, Am. Ord. 95-1065, passed 11-21-95; Am. Ord. 97-1128, passed 9-26-97; Am. Ord. 98-1174, passed 12-28-98; Am. Ord. 2005-1373, passed 3-24-05; Am. Ord. 2008- 1457, passed 2-28-08; Am. Ord. 2012-1597, passed 12-13-12; Am. Ord. 2019-1789, passed 10-24-19; Am. Ord. 2023-1844, passed 5-25- 23; Am. Ord. 2024-1868, passed 6- 24-24)