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§ 153.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ADMINISTRATIVE OFFICIAL. Any department, employee or advisory, elected or appointed body which is authorized to administer any provisions of the zoning regulations, subdivision regulations, and, if delegated, any provisions of any housing or building regulations or any other land use control regulations.
   BOARD. The Board of Adjustment unless the context indicates otherwise.
   CITIZEN MEMBER. Any member of the Planning and Zoning Commission or Board of Adjustment who is not an elected or appointed official or employee of the City.
   COMMISSION. The Newport Planning and Zoning Commission.
   CONDITIONAL USE. A use which is essential to or would promote the public health, safety or welfare in 1 or more zones, but which would impair the integrity and character of the zone in which it is located or in adjoining zones unless restrictions on location, size, extent and character of performance are imposed in addition to those imposed in the zoning regulations.
   CONDITIONAL USE PERMIT. Legal authorization to undertake a conditional use, issued by the administrative official pursuant to authorization by the Board of Adjustment, consisting of 2 parts:
      (1)   A statement of the factual determination by the Board of Adjustment which justifies the issuance of the permit; and
      (2)   A statement of the specific conditions which must be met in order for the use to be permitted.
   DIMENSIONAL VARIANCE. A departure from the terms of the zoning regulation pertaining to height or width of structures and size of yards and open spaces, where the departure will not be contrary to the public interest, and where, owing to 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 regulations would result in unnecessary and undue hardship.
   NONCONFORMING USE OR STRUCTURE. An activity or a building, sign, structure or a portion thereof which lawfully existed before the adoption or amendment of the zoning regulations, but which does not conform to all of the regulations contained in the zoning regulations which pertain to the zone in which it is located.
   PLAT. The map of a subdivision.
   PUBLIC FACILITY. Any use of land whether publicly- or privately-owned for transportation, utilities or communications, or for the benefit of the general public, including, but not limited to libraries, streets, schools, fire or police stations, county buildings, municipal buildings, recreational centers, including parks and cemeteries.
   REGULATION. Any enactment by the Board of Commissioners, whether it is an ordinance or resolution and shall include regulations for the subdivision of land adopted by the Planning Commission.
   SEVERAL. Two or more.
   STRUCTURE. Anything constructed or made, the use of which requires permanent location in or on the ground or attachment to something having permanent location in or on the ground, including buildings and signs.
   SUBDIVISION. The division of a parcel of land into 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; providing that, a division of land for agricultural purposes into lots or parcels of 5 acres or more and not involving a new street shall not be deemed a SUBDIVISION. The term includes RE-SUBDIVISION and, when appropriate to the context, shall relate to the process of subdivision or to the land subdivided.
(1995 Code, § 2.60.010)
§ 153.02 CITY AS INDEPENDENT PLANNING UNIT.
   The City is hereby declared to be an independent planning unit.
(1995 Code, § 2.60.020)
§ 153.03 ZONING ADMINISTRATOR.
   The Development Services Director shall act as the zoning administrator for the City.
(1995 Code, § 2.60.030)
§ 153.04 RECORDING OF PLATS, VARIANCES AND CONDITIONAL USE PERMITS.
   All final plats approved by the Commission and all variances and conditional use permits approved by the Board of Adjustment shall be recorded by and at the expense of the applicant in the office of the county’s Court Clerk.
(1995 Code, § 2.60.040)
§ 153.05 CONFLICTS.
   Whenever any other restrictions or covenants impose a higher standard than that indicated by any provision of this chapter or KRS 100, then the other restriction or covenant shall govern.
(1995 Code, § 2.60.050)
COMPREHENSIVE PLAN
§ 153.20 PREPARATION.
   (A)   The Commission shall prepare a comprehensive plan, which shall serve as a guide for public and private actions and decisions to assure the development of public and private property in the most appropriate relationships.
   (B)   The elements of the plan may be expressed in words, graphics or other appropriate forms.
   (C)   They shall be interrelated and each element shall describe how it relates to each of the other elements and to the statement of objectives, principles, policies and standards.
(1995 Code, § 2.60.070)
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