For purpose of these regulations, certain terms, phrases, words, and their derivatives are defined as follows:
Words used in the present tense include the future, words in the singular include the plural and the plural the singular.
The word "BUILDING" includes the word "STRUCTURE"; the word "SHALL" is mandatory and not directory.
"ACCESSORY BUILDING." A structure incidental and subordinate to the principal structure on the same lot, and serving a purpose customarily incidental thereto. No accessory structure can be constructed on a lot before a principal structure. A parked mobile home shall not be considered an accessory building. See also Section 80.201 (District Regulations).
"ACCESSORY USE." A use that is incidental and subordinate to that of the main structure, or use of land, and that is located on the same lot and under the same ownership in all respects.
"ADMINISTRATIVE OFFICIAL." Any department, employee, or advisory, elected, or appointed body which is authorized, and/or certified as applicable, to administer any provision of the zoning regulation, subdivision regulations, and, if delegated, any provision of any housing or building regulation, or any other land use control regulation.
"AGRICULTURAL USE." Use of a tract of:
(A) A tract of least five (5) contiguous acres for the production of agricultural or horticultural crops, including but not limited to livestock, livestock products, poultry, poultry products, grain, hay, pastures, soybeans, tobacco, timber, orchard fruits, vegetables, flower, or ornamental plants, including provision for dwellings for persons and their families who are engaged in the agricultural use on the tract, but not including residential building development for sale or lease to the public.
(B) Regardless of the size of the tract of land used, small farm wineries licensed under KRS 243.155.
(C) A tract of at least five (5) contiguous acres used for the following activities involving horses:
1. Riding lessons;
2. Rides;
3. Training;
4. Projects for educational purposes;
5. Boarding and related care; or
6. Shows, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving more than seventy (70) or less participants. Shows, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving more than seventy (70) participants shall be subject to local applicable zoning regulations; or
(D) A tract of land used for the following activities involving horses:
1. Riding lessons;
2. Rides;
3. Training;
4. Projects for educational purposes;
5. Boarding and related care; or
6. Show, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving more than seventy (70) or less participants. Shows, competitions sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving more than seventy (70) participants shall be subject to local applicable zoning regulations.
This paragraph shall only apply to acreage that was being used for these activities before July 13, 2004.
“AREAS: HISTORIC, SCENIC OR CONSERVATION.” Areas designated by the National Historic Society, the Kentucky Heritage Commission, the Bourbon County Joint Planning Commission and/or any governmental agency for the purpose of preservation.
“BOARD OF ADJUSTMENT or BOARD.” The Joint Board of Adjustment having jurisdiction over unincorporated Bourbon County, the City of Paris and the City of North Middletown in accordance with the amended interlocal agreement for a joint planning unit.
"BUILDING PERMIT." A permit issued by the Building Inspector authorizing the construction or alteration of a specific building on a specific lot.
"CITIZEN MEMBER." Any member of the Planning Commission or Board of Adjustment who is not an elected official or employee of the city or county.
"CITY." Refers to the City of Paris.
"CONDITIONAL USE." A use which is essential to, or would promote the public health, safety, or welfare in one or more zones, but which would impair the integrity and character of the zone in which it is located, or of adjoining zones, unless restrictions on location, size, extent, and character of performance are imposed in addition to those imposed in the zoning regulation.
"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 two (2) parts:
(A) A statement of the factual determination by the Board of 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.
"CONDOMINIUM DEVELOPMENTS." Developments subject to the Kentucky Horizontal Property Law, in which there is separate ownership of individual units and communal ownership of those improvements owned neither by one individual unit owner, not by a local government or utility." (Am. Ord. passed 11-8-2005)
"CONVENIENCE MARKETS." A retail business designed to sell snack and grocery items and health and beauty aids along with the retail sales of gasoline. Grease racks and repair facilities would be expressly prohibited under this definition.
"DEVELOPMENT PLAN." Written and graphic material for the provision of a development, including any or all of the following: location and bulk of buildings and other structures, intensity of use, density of development, streets, ways, parking facilities, signs, drainage of surface water, access points, a plan for screening or buffering, utilities, existing manmade and natural conditions, and all other conditions agreed to by the applicant.
"DIMENSIONAL VARIANCE." A departure from the terms of the zoning regulation pertaining to height or width of structures, or the size of yards and open spaces, where such 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.
"DISTRICT." A portion of the territory, within the City of Paris, in which certain regulations and requirements apply under the provision of this Zoning Ordinance.
"DWELLING." Building or portion thereof occupied exclusively for residential purposes, not including a mobile home or trailer, and falling into one of the following categories:
(A) "SINGLE FAMILY DWELLING." Building occupied and intended for use exclusively for residence purposes by one family or housekeeping unit.
(B) “TWO-FAMILY DWELLING." Building occupied and intended for use exclusively by two (2) families or two (2) housekeeping units, commonly known as a duplex.
(C) "TOWNHOUSES." A group of three (3) or more attached, one or two-story, single-family dwellings each separated by a common vertical wall, of which unit has its own entrance and lot, including front yard and back yard.
(D) "MULTI-FAMILY DWELLING." Building or portion thereof occupied by three (3) or more housekeeping units, each with separate living quarters, cooking, and bathroom facilities.
"DWELLING UNIT." One room or rooms connected together, constituting a separate, independent housekeeping establishment for occupancy by a family as owner, one or more persons, by rental or lease on a weekly, monthly, or longer basis and physically separated from any other rooms or dwelling units which may be located in the same building, and containing independent cooking, bathroom and sleeping facilities.
"HOME OCCUPATION." An occupation carried on in a dwelling unit or other structure accessory to a dwelling unit, by a member or members of the bona fide residents of the dwelling and which is clearly incidental and secondary to the use of the dwelling unit for residential purposes, provided such home occupation is performed under the conditions set out in Article III, Section 80.201.A.3(a)(1)ii.
"HOUSING OR BUILDING REGULATION." The Kentucky Building Code, the Kentucky Plumbing Code, and any other building or structural code promulgated by the Commonwealth or by its political subdivisions.
"JUNKYARD." A lot, land, or structure, or part thereof used primarily for the collecting, storage or sale of waste paper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and/or for the sale of parts thereof.
"LEGISLATIVE BODY." Bourbon County Fiscal Court or the Paris City Commission.
"LOT OF RECORD." A lot which is recorded in the office of the Bourbon County Clerk.
"MANUFACTURED HOME." A structure manufactured after June 15, 1976, and in accordance with the federal act (National Manufactured Housing Construction and Safety Standards Act); which is transportable in one (1) or more sections which, in the traveling mode, is eight (8) body feet or more in width and forty (40) body feet or more in length, or when erected on site is three hundred, twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling, place of business, profession, or trade, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. Each transportable section must have the red label certifying that the structure is built to HUD specifications. "Manufactured Homes" must also be reviewed and certified by the Kentucky Division of Building Codes Enforcement, Modular and Manufactured Housing.
"MICRO-BREWERY." An establishment, within a completely enclosed building, which is intended for the production of up to 25,000 barrels per year, of malt beverages, to include providing sampling, and sales by the drink, or by package, of malt beverages in accordance with the terms, conditions, and licenses specified by KRS 243.088, KRS 243.150, and KRS 243.157, and other applicable federal, state, and local laws.
"MICRO-DISTILLERY (Craft Distillery)." Small establishment primarily engaged in on-site distillation of spirits (Examples: vodka, gin, tequila, rum, whiskey) and may include retail and food service. Typically, micro-distilleries offer free tours and tastings to those over 21. Establishments must be in accordance with KRS 243.0305, KRS 243.120, KRS 243.240, KRS 243.250, and other federal, state and local laws.
"MINI-WAREHOUSES." Structures designed primarily for the storage of retail or personal property. Wholesale storage may be allowed by Board of Adjustment with stipulation no sales may be conducted on mini-warehouse lot.
"MOBILE HOME." A structure manufactured prior to June 15, 1976, which was not required to be constructed in accordance with the federal act (National Manufactured Housing Construction and Safety Standards Act), which is transportable in one (1) or more sections which, in the traveling mode, is eight (8) body feet or more in width and forty (40) body feet or more in length, or when erected on site is three hundred, twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. A "mobile home" is considered a "manufactured home", except that it is built before June 15, 1976.
"MODULAR HOME." A factory-built home, other than a manufactured home, which is designed only for erection, or installation, on a site-built permanent foundation; is not designed to be moved once so erected or installed. These structures are known in Kentucky as "Kentucky Industrialized Building Systems", with plans and site review and approval to be done by the Kentucky Division of Building Codes Enforcement, Modular and Manufactured Housing.
“NON-CONFORMING LOTS.” Lots of record at the time of adoption or amendment of this Zoning Ordinance, that do not conform with the current minimum lot area, width, depth or street frontage regulations prescribed for the district in which the lot is located.
“NON-CONFORMING STRUCTURES.” Structures that were lawful prior to adoption or amendment of this Zoning Ordinance, but do not currently conform with the setbacks, coverage, height or other structural restrictions.
“NON-CONFORMING USES.” Uses of land or structures that were lawful prior to the adoption or amendment of this Zoning Ordinance but would be prohibited, regulated or restricted under this Zoning Ordinance in the district in which they are located. Included in this definition are uses that would be otherwise permitted in the district by this Zoning Ordinance, but do not meet the requirements associated with such uses, e.g., parking, open space, setbacks, and the like.
"OUTDOOR ADVERTISING." A visible, immobile contrivance or structure in any shape or form, the purpose of which is to advertise any product or service, campaign, event, and the like.
"PLANNING COMMISSION." The Bourbon County Joint Planning Commission.
"PLANNING OPERATIONS." The formulating of plans for the physical development and social and economic well-being of a planning unit, and the formulating of proposals for the means of implementing the plans.
"PLANNING UNIT." The City of Paris, or Bourbon County, or in combination of both engaged in planning operations, in accordance with KRS 100.113.
"PLAT." A prepared drawing to an appropriate scale of a proposed lot(s) or parcel(s) of land as required in these regulations.
"POLITICAL SUBDIVISION." A separate legal entity of a state that has governmental powers and functions; ordinarily a city, county, school district, and other similar governmental entities.
"PUBLIC FACILITY." Any use of land whether publicly or privately owned, for transportation, utilities, or communications, or for the benefit for 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 legislative body of a city or county whether it is an ordinance, resolution, or an order, and including regulations for the subdivision of land adopted by the Planning Commission.
"SET-BACK LINE." The minimum yard distance, required by these regulations, to be maintained between a given lot line or R.O.W and any portion of a structure - front, rear, and side, as specified. (See drawing below)
"SIGN." Any name, identification, description, display, illustration, or device, which is affixed to, painted, 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, or business. The term "SIGN" shall not include the flag, pennant, or insignia of any nation, state, city, or other political unit, or of any civic, professional, religious, or like society, campaign, drive, movement or event.
"SIGN, BILLBOARD." A sign, which directs attention to a product, person, or activity with no information as to where such product, person, or activity is available.
"SIGN, FREE-STANDING." A non-movable sign which is not attached to any building or structure but is self-supporting. The structural elements of a free-standing sign which are not part of the display, shall not be included in computing the area of such a sign, and placement shall be in accordance with Section 80.202.
"SIGN, ILLUMINATED." A sign lighted by, or emitting, artificial lighting either by lights on or inside the sign, or directed toward the sign. Illumination must be consistent with the guidelines provided in Section 80.202 (Signs and Outdoor Advertising).
"SIGN, OFF PREMISES." A sign which directs attention to a specific location or establishment where a business, product, service, or activity is generally conducted, sold or offered elsewhere other than on the premises where such sign is located.
"SIGN, ON PREMISES." A sign which directs attention to a business, profession, product, activity, or entertainment, sold or offered upon the premises which such sign is located.
"SIGN, PORTABLE." A sign that is not permanently affixed to a building, structure, or the ground, and may periodically be moved to various locations on the property.
"SIGN, PROJECTING." Any sign which is attached directly to a canopy, marquee, or wall of a building or other structure, the surface of which extends horizontally outward from such canopy, marquee, or wall more than twelve (12) inches.
"SIGN, TEMPORARY." A sign or advertising display intended to be displayed for a limited time only and including: announcements relating to sales, drives, or events of a civic or philanthropic, educational, or religious organization; signs advertising the specific property on which they are placed for sale, lease, or rent; posters for candidates and issues for public election; portable signs designed to be moved from place to place; and signs identifying the name of a subdivision or a development project, including the names of architectural, engineering, construction, financing, or sales firms engaged in the development of such a project.
"SIGN, WALL." A sign, which is attached or painted with the surface parallel to the face of a wall of a building or other structure.
"SITE PLAN." Similar to a development plan, but not as much detail is required. A site plan shows a lot with the location of all existing and proposed structures, yard setbacks, driveways, parking spaces, means of ingress and egress, drainage facilities, street grades, and proposed finished grades, and any other information that may be reasonably required in order to make an informed decision, as detailed in Article VI. To obtain a building permit for single family or two family residential housing from the Administrative Officer, or for a zoning map amendment for single family or two family residential, a site plan is required. For all other building permits or zoning map amendments a development plan is necessary.
"STRUCTURE." Anything constructed or made, the use of which requires permanent location in or on the ground, or attachment to something having a permanent location in or on the ground, including buildings, signs, and in-ground swimming pools.
"SUBDIVISION." The division of a parcel of land into two (2) or more lots or parcels for the purpose, whether immediate or future, of sale, lease, or building development, or if a new street is involved, any division of a parcel of land; providing that a division of land for agricultural purposes into lots or parcels of five (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. Any division or re-division of land into parcels of less than one (1) acre occurring within twelve (12) months following a division of the same land shall be deemed a subdivision.
"UNOBSTRUCTED OPEN SPACE." An area of land required to be maintained as specific herein, upon which no structure may be erected except those accessory structures used in connection with the movement or regulation of traffic.
"VARIANCE." A modification from the literal provisions of these regulations by the Board of Adjustment in cases where a literal enforcement of its provisions would result in unnecessary hardship due to circumstances unique to the individual property for use for which the variance is granted.
"WINERY" A commercial facility for the fermentation and processing of grapes or other products into wine. The term "winery" shall include winery visitor's center, which includes tour and tasting facilities, and a gift shop for retail sales of wines and wine related items. The winery shall be permitted to sell at retail, from the premises, wine by the glass and bottle to visitors for consumption on the premises as well as to sell at retail sealed bottles or other sealed containers of such wine for consumption off the premises. The winery shall operate in accordance with KRS 243.031, KRS 243.088, KRS 243.120, KRS 243.154, KRS 243.155, and other applicable federal, state and local laws.
"YARD." An open space between a principal structure and each lot line, unoccupied and unobstructed by any portion of the structure from the ground upward, except as otherwise provided in this ordinance. (See graphic following "SETBACK LINE" definition).
"ZONE." Land use regulation of which the basic purpose and function is to divide a municipality into districts (residential, commercial, industrial, and the like) as depicted on the Official Paris Zoning Map. Districts are separate from one another, with the use of property within each district being reasonably uniform. The districts generally have additional restrictions within these regulations.
(Am. Ord. passed 7-6-76, Section 1; Am. Ord. passed 8-3-76, Section 1; Am. Ord. passed 12-29-80, Section 1; Am. Ord. 10-86, passed 3-25-86; Am. Ord. 2014-12, passed 7-15-14; Am. Ord. 2019-7, passed 8-13-19)
___________
Cross reference: