(A) Words with self-evident meanings are not defined here. Words used in the present tense include the future; words used in the singular include the plural and plural include the singular; the word “shall” is mandatory, the word “may” is permissive; the word “should” is preferred; the word
BUILDING includes the world STRUCTURE; the word LOT includes the words PLOT and PARCEL; the word PERSON includes a FIRM or CORPORATION as well as an INDIVIDUAL; and the word SUBMISSION indicates a complete filing as called for by the ordinance.
(B) These definitions shall be first used in the interpretation of any words or phrases used in this chapter. Any words or phrases not defined in this chapter shall be given the definition provided in KRS Ch. 100 or KRS Ch. 219. Words neither defined in this chapter nor in KRS Ch. 100 and KRS Ch. 219 shall be given their ordinary meaning and usage.
ACCESS, PRIMARY. The vehicular way leading from a major street to the front of a shopping center, commercial enterprise, manufacturing facility, multi-family development, or to the primary entrance point.
ACCESS, SECONDARY. The vehicular way leading from a minor street to the primary access route or from the main entrance point to other entrances.
ACCESSORY USE OR STRUCTURE. Any use or structure subordinate to the principal use or structure located on the same lot serving a purpose customarily incidental to the use of the principal structure or the land use.
ADMINISTRATIVE/ENFORCEMENT OFFICER. An individual who shall be appointed by the City Mayor upon recommendation of the Planning Commission and approved by the City Council to administer this chapter. This Officer may also be known as the BUILDING INSPECTOR, ENFORCEMENT OFFICER, ZONING ADMINISTRATOR, or various other titles descriptive of the work performed. The duties and titles may be split between one or more persons as required.
ADULT ARCADE. Any place to which the public is permitted or invited wherein coin operated or slug operated or electronically, electrically, or mechanically controlled still or motion picture machines or other image producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are characterized by the depicting or describing of specified sexual activities or specified anatomical areas as defined below.
ADULT BOOKSTORE OR VIDEO STORE. Any building or structure which contains or is used for the display, sale, or rental of books, magazines, movies, videos, computer disks, and any and all printed or written materials, photographic materials, drawings, novelties, devices, and related sundry items that are characterized by the depicting or describing of specified sexual activities or specified anatomical areas as defined below; or an establishment with the segment or section devoted to sale or display of such material.
ADULT ENTERTAINMENT ESTABLISHMENT. A business wherein employees, agents, servants, or independent contractors perform dance routines offered as adult-oriented entertainment for viewing by patrons and spectators on the premises, and characterized by and emphasis on “specified sexual activities” or “specified anatomical areas”, defined below, or exposure of any part of the male or female anatomy otherwise prohibited; including establishments that as a principal use of its business employees, either male or female, expose to public view of the patrons the bare female breast below a point immediately above the top of the areola, human genitals, pubic region, or buttocks even if partially or completely covered by translucent material.
AGRICULTURAL USE. The use of a tract of at least five contiguous acres for the production of agricultural or horticultural crops, including, but not limited to, livestock, livestock products, aquaculture, floriculture, viticulture, poultry, poultry products, grain, hay, pastures, soybeans, tobacco, timber, orchard fruits, vegetables, flowers, or ornamental plants, and the necessary accessory uses that are secondary to other agricultural activities such as packing, treating, or storing the produce, including provisions for dwellings for persons and their families who are engaged in the above agricultural use on the tract, but not including, residential building for sale or lease to the public. AGRICULTURE does not include the feeding of garbage to animals or the operation or maintenance of a commercial stockyard or feed yard.
ALLEY. Any public or private way affording a secondary means of vehicular access to abutting property and not intended for general traffic circulation.
ALTERATION. Any change or addition to the supporting members or foundation of a building or other structure.
AMUSEMENT. A means of amusing or entertaining; recreation; diversion; games.
APARTMENT. A room or suite of rooms in a multi-family building, consisting of at least one habitable room, together with a kitchen or kitchenette and sanitary facilities.
APPROVING AUTHORITY. The City Planning Commission, unless a different agency is specifically designated by ordinance.
ASSISTED LIVING CARE FACILITY. A residential facility providing varying levels of assistance to residents, usually the elderly, in performing daily tasks as defined by Kentucky Revised Statutes. This type of facility is distinguished from a nursing home in that acute care is not a necessity nor is it provided.
AUTOMOTIVE REPAIR, MAJOR. Repair of motor vehicles or trailers, including rebuilding or reconditioning of engines and/or transmissions; collision services, including body, frame, or fender straightening or repair; overall painting or paint shop and vehicle steam cleaning.
AUTOMOTIVE REPAIR, MINOR. Incidental minor repairs, upholstering, replacement of parts, and motor service to passenger cars and trucks not exceeding one and one-half tons capacity, but not including, any operation named under “automotive repair, major”, or any other similar thereto. Carts or trucks being repaired or under repair shall not be stored outside the building for more than 48 hours.
AUTOMOTIVE WRECKING. The dismantling or disassembling of used motor vehicles, or the storage, sale, or dumping of dismantled, obsolete, or wrecked vehicles or their parts.
BED AND BREAKFAST. A small inn consisting of sleeping rooms with either shared or individual bathroom and kitchen facilities used by house guests for short durations and not intended for permanent residents except for owner/operators.
BILLBOARD. A sign, or structure, which directs attention to a business, commodity, service, activity, or entertainment not conducted, sold, or offered upon the premises upon which the sign is located.
BOARD. The Board of Adjustments for Olive Hill, Kentucky.
BOARDING OR LODGING HOUSE. A dwelling or part thereof occupied by a single housekeeping unit where meals and lodgings are provided for four or more persons (not transients) for compensation by previous arrangement.
BUILDABLE LOT AREA. The part of a lot not included within the open areas required by this chapter.
BUILDING. Any structure having enclosed space and a roof, used or intended to be used for the shelter of persons, animals, or property.
BUILDING, HEIGHT OF. The vertical distance from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip, or gambrel roofs.
BUILDING LINES. Line beyond which no building or part thereof shall project, except as otherwise provided by this chapter.
BUILDING PERMIT. A permit issued by the Administrative/Enforcement Officer authorizing the construction or alteration of a specific building on a specific lot.
CERTIFICATE OF OCCUPANCY. A certificate issued by the Administrative/Enforcement Officer, after construction has taken place, which certifies that the building meets minimum standards for human occupancy.
CITY COUNCIL. Legislative body for the City of Olive Hill, Kentucky.
CLINIC. A place used for the diagnosis and treatment of sick, ailing, infirm, and injured persons and those who are in need of medical or surgical attention, but limited to outpatients only.
COMMERCIAL FLOOR AREA. Building floor area devoted to the display of merchandise, the performance of consumer services, or the circulation and accommodation of customers.
COMMISSION. Planning Commission of Olive Hill, Kentucky.
COMMON OPEN SPACE. An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. COMMON OPEN SPACE may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
COMPREHENSIVE PLAN. A plan prepared to serve as a guide for public and private actions and decisions to assure the development of public and private property in the most appropriate manner within the planning area.
CONDITIONAL USE. A use which is essential to or would promote the public health, safety, and/or welfare in one or more zones, but which would impair the integrity and character of the zone in which it is located, or of adjoining zones, unless restriction on location, size, extent, and character or performance are imposed in addition to those set forth by the zoning regulations.
CONDITIONAL USE PERMIT. Legal authorization to undertake a conditional use, issued by the Board of Zoning Adjustment, consisting of two parts:
(a) A statement of the factual determination of the Board of Zoning Adjustment which justifies the issuance of the permit; and
(b) A statement of the specific conditions which must be met in order for the use to be permitted.
CONSOLIDATION. The joining together of two or more contiguous lots for the purpose of sale, lease, or building development.
CONSUMER SERVICES. Sale of any service to individual customers for their own personal benefit, enjoyment, or convenience, and for fulfillment of their own personal needs.
CONVALESCENT or NURSING HOME. An establishment which provides full-time convalescent or chronic care or both for three or more individuals who are not related by blood or marriage to the operator and who, by reason of chronic illness or infirmity, are unable to care for themselves. No care for the acutely ill or surgical or obstetrical services shall be provided in such a home. Hospital or sanitarium shall not be construed to be included in this definition.
COURT. An open, unoccupied, and unobstructed space other than a yard on the same lot with a building or a group of buildings.
COVERAGE. The percentage of the lot area covered by the building, including all overhanging roofs.
DENSITY. A unit of measurement; the number of dwelling units per acre of land.
(a) GROSS DENSITY. The number of dwelling units per acre of land to be developed.
(b) NET DENSITY. The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
DEVELOPER. The legal or beneficial owner of owners of all land proposed to be included in a development, including the holder of options or contracts to purchase or other such persons having a proprietary interest in such land.
DEVELOPMENT PLAN. A presentation in the form of sketches, maps, and drawings of a proposed use and/or structure by the owner of the land which sets forth in detail the intended development. (See SITE PLAN.)
DISTRICT. An area or zone of the municipality for which regulations governing the use of premises and structures or the height and area of buildings are uniform.
DWELLING. A building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, cabin, boarding, or rooming house motel, or mobile home.
DWELLING GROUP. A group of two or more detached dwellings located on a parcel of land in one ownership and having any yard or court in common.
DWELLING, MULTI-FAMILY. A building or portion thereof designed for or occupied by three or more families living independently of each other.
DWELLING, SINGLE-FAMILY. A building occupied exclusively for residential purposes by one family.
DWELLING, TWO-FAMILY (DUPLEX). A building designed to be occupied by two families living independently of each other.
DWELLING UNIT. One or more rooms designed for or used by one family for living or sleeping purposes and having one kitchen or kitchenette and sanitation facilities.
EASEMENT. A grant by the property owner to the public, a corporation, or persons, of the use of a strip of land for specific purposes.
ENTERTAINMENT, LIVE.
(1) Any performance at a restaurant, lounge, or night club or social organization by any person, including, but not limited to, a patron of such establishment if such performance is part of a regularly occurring event.
(2) LIVE ENTERTAINMENT includes, but is not limited to, singing, dancing, musical performances, comedy acts, magic acts, variety acts, or performance contests engaged in by patrons.
FAMILY. A person living alone or two or more persons related by blood, marriage, or adoption, or not more than five unrelated persons living together in a dwelling unit, for nonprofit purposes, as distinguished from a group occupying a boarding house, lodging house, hotel, or motel.
FILING. Filing with the City Clerk of Olive Hill unless a different county official is designated by ordinance.
FINAL APPROVAL. The official action of the Planning Commission taken on a final plan after all conditions, engineering plans, and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion.
FLOODPLAIN. The 100-year floodplain as shown on the National Flood Insurance Program maps or as determined by hydrologic conditions.
FLOODWAY. The channel of a watercourse and that portion of adjacent land needed for the passage of a 100-year flood. If no maps or hydrologic calculations are available, floodplain soil as designated in the soil survey of the county shall be presumed to be in the FLOODWAY.
FLOOR AREA RATIO. Floor area of buildings on a lot divided by ground area on the lot on which it is located.
FLOOR AREA, TOTAL.
(a) The sum of the gross areas of the several floors of a building or buildings measured from the exterior faces of exterior walls or from the centerlines of walls separating two buildings.
(b) In particular,
FLOOR AREA includes:
1. Basement space at least development permit and one-half feet in half;
2. Elevator shafts or stairwells at each floor;
3. Penthouses;
4. Attic space (whether or not a floor has been laid) providing structural headroom of less than seven and one-half feet in height;
5. Mechanical equipment space;
6. Interior space used exclusively as parking for motor vehicles; and
7. Laundry rooms, game rooms, or other spaces designed for the common use of the occupants.
(c) However, the
FLOOR AREA of a building shall not include:
1. Elevator or stair bulkheads;
2. Accessory water tanks or cooling towers;
3. Non-habitable basement space less than seven and one-half feet in height;
4. Outside steps that are uncovered;
5. Attic space providing less than seven and one-half feet in structural headroom;
6. Mechanical equipment space;
7. Interior space used exclusively as parking for motor vehicles; and
8. Laundry rooms, game rooms, or other spaces designed for the common use of the occupants.
GARAGE, PRIVATE. A detached accessory building or a portion of the principal building used by the occupants of the premises for the shelter or storage of vehicles owned or operated by the occupants of the principal building.
GARAGE, PUBLIC. A building or structure used for the parking of vehicles on an intended profit basis.
GARDEN CENTER. Establishments used primarily for the sale of live plants, including greenhouses and plant nurseries. When accessory to the sale of plants, the sale of the following items shall be allowed: cut trees; wreaths; bulbs; seeds; ground covers; insecticides; fungicides; chemicals; peat moss humus; mulches and fertilizers; lawn statuary; furniture; bird baths; bird feeders; birdhouses; containers for plants; artificial flowers; home and garden equipment (not including farm tractors and equipment); landscape devices; hand tools, tire wood; landscape planning; and contracting services incidental to the garden center, including contractual service for lawn and garden maintenance.
GOVERNING BODY. The chief legislative body of the City of Olive Hill.
HAZARDOUS MATERIALS. Any chemical, biological, or radiological compound, gas, oil, gasoline, lubricant, or other petroleum products, substances, solution, or mixture which because of its quality, quantity, concentration, physical, or infectious characteristics, or any combination thereof, when released into the environment, presents or may present harmful or potentially harmful effects to human health or welfare or the environment.
HAZARDOUS WASTES. Any waste substance or combination of substances, in any form that because of its quantity, concentration, physical, chemical, or infectious characteristics may create a threat to the public health or to animals, plant, or aquatic life forms, and including, but not limited to, substances that are toxic, flammable, corrosive, radioactive, irritants, strong sensitizers, or which generate pressure through decomposition, heat, or other means.
HEIGHT OF BUILDING. The vertical distance from the established grade in front of the lot or from the average natural grade at the building line, if higher, to the average height of the top of the cornice of flat roofs, or roof line or to the deck line of a mansard roof, or to the middle height of the highest gable or dormer in a pitched or kipped roof, or if there are no gables or dormers, to the middle height of such pitched or kipped roof.
HEIGHT OF STRUCTURE. The vertical distance measured from the average finished grade at the front building line to the highest point of a structure.
HEIGHT TO YARD RATIO. Height of building as related to minimum rear and each side yard permitted, i.e., for two to one ratio, a 40-foot building must have a minimum rear and each side yard of 20 feet.
HOME OCCUPATION.
(a) A gainful occupation or profession carried on in a residence such as the studio of an artist or sculptor, dressmaking and tailoring, upholstery, handicrafts, tutoring, individual musical instruction (provided no instrument is amplified), and professional services; provided, such home occupation is performed under the following conditions:
1. The use is clearly incidental and secondary to use for dwelling purposes and occupies no more than 25% or 300 square feet of the dwelling, whichever is less;
2. The use is conducted entirely within a dwelling and not in any accessory building;
3. The use is carried on only by residents of the dwelling;
4. No commodities are sold or stored except as are produced by the residents on the premises;
5. The use does not require external alteration of the dwelling;
6. The use does not adversely affect the uses permitted in the immediate neighborhood by excessive traffic generation or noise;
7. No outside signage shall be permitted on the premises; and
8. No additional blacktop, concrete, or gravel parking shall be permitted beyond that normally provided in comparable neighborhood homes.
(b) HOME OCCUPATION shall not include barber shops, beauty or massage parlors, automobile and small engine repair, medical or dental office, photo studios, palm reading or fortune telling, home cooking and catering, and uses other than upholstery which are first permitted in the B-1, B-2, I-1, or I-2 Zone.
HOME OCCUPATION, AGRICULTURAL. Any occupation as defined in “home occupation” above which occurs in the residential dwelling on the farm, plus any occupation conducted in an accessory building in any agricultural zone; provided, that:
(a) No more than three persons other than members of the family residing on the premises be engaged in such occupation;
(b) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation; and
(c) The use is clearly incidental and subordinate to the land’s principal agricultural use.
HOME OFFICE. An office for recordkeeping and administration of work which is conducted elsewhere than on the premises. Such office shall be subject to the following conditions:
(a) The office shall be clearly incidental and secondary to the use for dwelling purposes with no more than 25%, nor more than 500 square feet in any case of the dwelling devoted to the office use;
(b) The office shall be located in the dwelling unit and not in any accessory building;
(c) The office shall be operated by and shall employ only residents of the dwelling unit;
(d) No sale of merchandise shall be conducted on the property;
(e) No commodities or merchandise shall be stored on the property and no storage, as defined herein, shall be permitted;
(f) No signs of any kind shall be displayed on the property which identifies the home office use; or
(g) The residence shall maintain its residential character and shall not be altered or remodeled so as to change residential appearance of the building.
HOSPITAL or SANITARIUM. An establishment which provides accommodations, facilities, and services over a continuous period of 24 hours or more for observation, diagnosis, and care of two or more individuals suffering from illness, injury, deformity, or abnormality or from any condition requiring medical services. Convalescent homes and nursing homes are not included.
HOTEL, MOTEL, APARTMENT HOTEL. A building in which lodging or boarding and lodging are provided and offered to the public for compensation. As such, it is open to the public in contradistinction to a boarding house, rooming house, lodging house, or dormitory which is herein separately defined.
INDUSTRY, HEAVY. Those industries whose processing of products result in the emission of any atmospheric pollutant, light flashes, or glare, odor, noise, or vibration which may be heard and/or felt off the premises and those industries which constitute a fire or explosion hazard.
INDUSTRY, LIGHT. Those industries whose processing of products results in none of the conditions described for heavy industry.
JUNK YARD. A place where junk, waste, discarded, or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including auto wrecking yards, house wrecking for storage of salvaged house wrecking, and structural steel materials and equipment, but not including, such uses when conducted entirely within a completely enclosed building, and not including pawn shops and establishments for the sale, purchase, or storage of used furniture and household
equipment, used cars in operable condition, or the processing of used, discarded, or salvaged materials as a minor part of manufacturing operations.
KENNEL, COMMERCIAL. A compound where three or more dogs over four months of age are kept and where the owner is actively engaged in buying dogs for resale, consistently selling offspring of the owner’s dogs, and/or boarding dogs which are not owned by the owner for compensation.
KENNEL, NONCOMMERCIAL. A compound in or adjoining a private residence where hunting or other dogs are kept for the hobby of the householder or for protection of the householder’s property. The occasional sale of pups by the keeper of a noncommercial kennel does not change the character of residential property.
LAND USE PLAN. Proposals for the most appropriate economic, desirable, and feasible patterns for the general location, character, extent, and interrelationship of the manner in which the community should use its public and private land.
LIMITED FOOD SERVICE. The preparation and service of food carried on within a residential unit by the occupant thereof for compensation; provided, that such food service shall not be available to the general public, but shall be provided to private groups on a prearranged basis.
LOADING SPACE. An off-street space or berth on the same lot with a building or contiguous to a group of buildings and accessory buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts on a street, alley, or other appropriate means of access.
LOT. A piece or parcel of land occupied or intended to be occupied by a principal building or group of such buildings and accessory building, or utilized for a principal use and uses accessory thereto, together with such open spaces as required by the ordinance and having frontage on a public street. Agricultural tracts are not included.
LOT AREA. The computed area contained within the lot lines.
LOT, CORNER. A lot abutting and situated at the intersection of two streets.
LOT, DEPTH. The mean horizontal distance between the front and rear lot lines.
LOT, INTERIOR. A lot other than a corner lot.
LOT LINES. The property lines bounding a lot.
1. INTERIOR SIDE LOT LINE. A side lot line separating a lot from another lot or lots.
2. LOT LINE, FRONT. The property line separating the lot front and the street.
3. LOT LINE, REAR. The lot line opposite and most distant from the front lot line.
4. LOT LINE, SIDE. Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line.
5. SIDE STREET LOT LINE. A side lot line separating a lot from a street.
LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets.
LOT WIDTH. The mean width of the lot measured at right angles to its depth.
LOT OF RECORD. Recorded lot on file in the County Court Clerk’s office.
MAP. A map of the jurisdiction indicating district boundaries according to this chapter.
MOTEL. A series of attached, semi-attached, or detached sleeping or living units, for the accommodation of automobile transient guests, said units having convenient access to off-street parking spaces, for the exclusive use of the guests or occupants.
MUNICIPAL AUTHORITY. The City Council of Olive Hill, Kentucky.
MUNICIPALITY. City of Olive Hill, Kentucky.
NONCONFORMING USE OR STRUCTURE. An activity or a building, sign, structure, or a portion thereof which lawfully existed before the adoption or amendment of this chapter, but which does not conform to all of the regulations contained in the zoning regulation which pertain to the zone in which it is located.
OPEN SPACE. Outdoor area of a lot or tract which is designated and used for outdoor having recreation, pedestrian access, or planting. Such areas may be ground or roof space 75% open to the sky, balconies a minimum of five feet wide, and enclosed deck, porch, or ground floor portions of a building constructed on columns. Off-street parking and loading areas, driveways, vehicular use area perimeter landscaping and interior landscaping, unenclosed fire escapes, or required from and side street yard areas
do not qualify as usable
OPEN SPACE; provided, that such OPEN SPACE is separated from the street right of way by a fence of solid screen planting.
PARKING SPACE. A space with a minimum rectangular dimension of not less than nine feet in width and 19 feet in length for ninety degree parking.
PAWNSHOP. Any establishment which loans money on deposit of personal property, or which deals in the purchase of personal property on condition of selling the property back again at a stipulated price, or which makes a public display at its place of business of the sign generally used by pawnbrokers to denote their business, or which publicly exhibits a sign advertising money to loan on personal property for deposit.
PLAN. The provisions for development of a planned unit development including a plat of subdivision, all covenants relating to use, locations, and bulk of buildings and other structures, intensity of use, or density of development, private streets, ways, and parking facilities, common open space, and public facilities. The phrase PROVISIONS OF THE PLAN when used in this act shall mean the written and graphic materials referred to in this definition.
PLANNED UNIT DEVELOPMENT. An area with a specified minimum contiguous acreage of ten acres to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial, or industrial areas in such ranges to ratios of nonresidential uses to residential uses as shall be specified in this chapter.
PLANNED UNIT RESIDENTIAL DEVELOPMENT. An area with specified minimum contiguous acreage of five acres to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate commercial or public or quasi-public uses primarily for the benefit of the residential development.
PLANNING COMMISSION. The Olive Hill Planning Commission was established pursuant to KRS Ch. 100.
PLAT. A map or maps of a subdivision showing lot lines therein.
PRELIMINARY APPROVAL. The conferral of certain rights pursuant to this act prior to final approval after specific elements of a subdivision plan have been agreed upon by the Planning Commission.
PREMISES. A lot or other tract of land under one ownership and all the structures on it.
PRINCIPAL USE OF STRUCTURE. The primary use of the land or the main structure on a lot which determines the primary activity that takes place on the land or in the structure.
PUBLIC OPEN SPACE. An open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency, or other public body for recreational or conversational uses.
PUBLIC USE. Public parks, schools, and administrative and cultural buildings and structures not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.
RECREATION FACILITIES. Public or private facilities that may be classified as either “extensive” or “intensive” depending upon the scope of services offered and the extent of use. Extensive facilities generally require and utilize considerable areas of land and include, but need not be limited to hunting, fishing, and riding clubs and parks. Intensive facilities generally require less land (used more intensively) and include, but need not be limited to, miniature golf courses, amusement parks, stadiums, and bowling alleys.
RECYCLING DROP-OFF CENTER. A facility for the collection of waste paper, rags, scrap metal, or other discarded material not to include used furniture and household equipment, used cars, or used lumber.
REHABILITATION HOME. A building or group of buildings providing a supervised residence for persons recovering from the effects of drug or alcohol abuse, psychiatric disorders, or as a condition of their parole or probation. Such home may provide counseling in educational, vocational, or other areas by a paid or volunteer staff and generally have 24-hour-a-day supervision.
RESIDENTIAL CLUSTER. An area developed as a single entity according to a plan containing residential housing units in which the individual lots have a common or public open space area.
RESIDENTIAL UNIT. Any unit designed for use by one family for living purposes being self-contained and being either in a detached, semi-detached, attached, multi-family, or multi-story structure.
RESTAURANT. An eating establishment where food is served and/or consumed primarily within the building and where consumption of food in motor vehicles on the premises is not encouraged. (Note: a RESTAURANT may only include drive-through facilities (where food is served to patrons while in their motor vehicles through a window or other faculties and consumption on the premises in motor vehicles is not encouraged) as permitted and regulated in the zone in which the restaurant is located.)
RESTAURANT, DRIVE-IN. An eating establishment where food is served by employees or by self-service outside the building and consumed on the premises principally in a motor vehicle.
RETAIL SALES. Sale of any product or merchandise to customers for their own personal consumption or use, not for resale.
RIGHT-OF-WAY. A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting, and drainage facilities, and
may include special features, required by the topography or treatment, such as grade separation, landscape areas, viaducts, and bridges.
ROADSIDE STAND. A temporary structure designed or used for the display or sale of agricultural products grown on the premises upon which such a stand is located.
ROOMING AND BOARDING HOUSE. A building designed or used to provide living accommodations for not more than six occupants in that there are no cooking facilities for each occupant, or in which all occupants share common cooking facilities.
SATELLITE DISH ANTENNA. A parabolic-shaped antenna structure used to receive television signals from satellites or other objects in terrestrial orbit.
SATELLITE DISH ANTENNA, GROUND-MOUNTED. A satellite dish antenna mounted and anchored at grade so that the distance from the highest edge of the dish to the existing grade does not exceed 12 feet.
SATELLITE DISH ANTENNA, POLE-MOUNTED. A satellite dish antenna mounted and anchored to the ground by a pole so that the distance from the highest edge of the dish to the existing grade exceeds 12 feet.
SATELLITE DISH ANTENNA, ROOF-MOUNTED. A satellite dish antenna mounted directly upon the roof of a structure and not attached to any appurtenance such as a chimney, tower, or spire.
SEAT. For the purposes of determining the number of off-street parking spaces for certain uses, the number of SEATS is the number of seating units installed or indicated, or each 24 lineal inches of benches, pews, or space for loose chairs.
SEMI-PUBLIC USE. Churches, Sunday schools, parochial schools, colleges, hospitals, and other facilities of an educational, religious, charitable, philanthropic, or nonprofit nature.
SERVICE STATION. Buildings and premises where gasoline, oil, grease, batteries, tires, and motor vehicles accessories may be supplied and dispensed at retail, and where in addition motor vehicle services may be rendered secondary to retail sales.
SHOPPING CENTER. A group of commercial establishments, developed, owned, and managed as a unit, with off-street parking provided on the property and related on its location, size, and type of shops to the trade area which the unit serves.
SIDEWALK. The portion of the road right-of-way outside the roadway, which is improved for the use or pedestrian traffic.
SIGN. Any device designated to inform or attract the attention of persons not on the premises on which the sign is located.
SITE PLAN. A development plan of one or more lots on which is shown:
(a) The existing and proposed topography of the lots;
(b) The location of all existing and proposed buildings, drives, parking spaces, means of ingress and egress, drainage facilities, landscaping, structures and signs, lighting, screening devices; and
(c) Any other information that may be reasonably required in order to make an informed decision.
SLEEPING ROOM. A single room rented for dwelling purposes, but without the amenities for separate and independent housekeeping.
STORAGE. The keeping, either indoors or outdoors, of equipment, vehicles, or supplies used in the conduct of a trade, business, or profession. STORAGE does not include the overnight parking in residential zones of a single vehicle weighing no more than two and one-half tons gross vehicle weight which, although used primarily for business, trade, or professional purposes, also provides daily transportation to and from work.
STORY. The portion of a building, other than a basement, included between the surface of any floor and the ceiling next above it.
STREET. A public right-of-way which provides a public means of access to abutting property. The term street shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare, or any other similar term.
STREET, THOROUGHFARE OR ROAD. The full width between property lines bounding every public way of whatever nature, with a part thereof to be used for vehicular traffic and designed as follows.
(a) ARTERIAL STREET. A general term denoting a highway primarily for through traffic, carrying heavy loads, and large volumes of traffic, usually on a continuous route.
(b) COLLECTOR STREET. A thoroughfare, whether within a residential, industrial, commercial, or other type of development, which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes within residential subdivisions; and
(c)
LOCAL STREET. A street primarily for providing access to residential, commercial, or other abutting property.
SUBDIVISION. The division of a parcel of land into three to 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 purposes into lots or parcels of five 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.
SUBDIVISION REGULATIONS. The regulations governing the subdivision of land within the City of Olive Hill as adopted by the Olive Hill Planning Commission.
TEMPORARY SIGN(S). A banner, pennant, poster, a display constructed of paper, cloth, canvas, plastic, cardboard, wallboard, plywood or other like materials and appears to be intended to be displayed for a limited period of time.
TOWNHOUSE. A group of three or more single-family dwelling units constructed in a row of attached units separated by a common vertical wall and each having a separate lot and entrance at street level and capable of being subdivided into separate lots.
VARIANCE, DIMENSIONAL. A departure from the terms of the zoning regulations pertaining to height or width of structures and size of yards and open spaces, where such departures 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 actions of the applicant, the literal enforcement of the zoning regulations would result in unnecessary and undue hardship.
VEHICLE STORAGE YARD. A place where vehicles, regardless of their condition, and not used in the conduct of a trade, business, or profession are kept. A VEHICLE STORAGE YARD does not include a yard for storage of dismantled or partially dismantled automobiles, automobile wrecking, or junk yards.
VETERINARY ANIMAL HOSPITAL OR CLINIC. A place used for the care, grooming, diagnosis, and treatment of sick, ailing, infirm, or injured animals, and those who are in need of medical or surgical attention, and may include overnight accommodations on the premises for the treatment, observation, and/or recuperation.
WOOD LOT, COMMERCIAL. Premises, or portions thereof, used for seasoning and storage of firewood and for cutting and splitting of timer to produce firewood for later resale (excluding sawmills, planning mills).
YARD. An open space or lot other than a court, unoccupied and unobstructed from the ground upward except as otherwise provided in this chapter.
(a) YARD FRONT. The portion of the yard extending the full width of the lot and extending between the front lot line and the nearest part of the principal building.
(b) YARD REAR. The portion of the lot extending the full width of the lot and extending between the rear lot line and the nearest part of the principal building.
(c) YARD SIDE. Those portions of the yard extending from the nearest part of the principal building to the side lot line.
(Ord. 2004-03, passed - -; Ord. 1998-15, passed 10-13-1998; Ord. 2004-04, passed 8-3-2004; Ord. 2004-06, passed 11-19-2004; Ord. passed 5- -2005; Ord. 2018-04, passed 5-15-2018)