For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural, words in the plural number include the singular.
ABANDONED SIGN. An on-premises sign, the use for which it represents having been discontinued for a period of 30 consecutive days.
ACCESSORY USE OR STRUCTURE. A use or structure subordinate to the principal use or building on a lot and serving a purpose customarily incidental thereto, including structures such as satellite antennas.
ADMINISTRATIVE OFFICIAL. Any department, employee or advisory, elected or appointed body which is authorized 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.
AGRICULTURE USE. The use of a tract of land of at least five 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, flowers or ornamental plants, 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 development for sale or lease to the public.
ALLEY. A public or private vehicular way which affords a means of access to the rear or side of properties adjacent to it and not intended for general traffic circulation.
ALTERATIONS. Any change in the supporting members of a building such as bearing walls, columns, beams or girders.
APARTMENT HOUSE. For the purpose of this regulation an apartment house means any building which is designed, built, rented, leased, let or hired out to be occupied or which is occupied as the home or residence of more than two families living independently of each other with cooking facilities for each family.
ASSEMBLY. A joining together of completely fabricated parts to create a finished product.
BASEMENT. An area below the first floor, having part but no more than one-half of its height above grade, used for storage space by occupants of the building, janitor quarters or other utilities common to the rest of the building. A BASEMENT used for the above purposes shall not be counted as a story.
BASIC MANUFACTURE. The first operation or operation which transforms a material from its raw state to a form suitable for fabrication.
BED AND BREAKFAST. An establishment providing lodging and meals in a residential setting for overnight guest.
BILLBOARD. Any notice or advertisement, pictorial or otherwise, with an area of 300 or more square feet, and also all those used as an outdoor display for the purpose of making anything known, the origin or place of sale of which is not on the plot with the display, except that governmental notices shall not be considered as BILLBOARDS.
BUFFER AREA. A strip of land which is located along the perimeter of a piece of property and is a minimum of five feet wide and contains all perimeter landscaping as specified in this chapter, such as open spaces, landscaped areas (including screen trees), fences, walls, berms or any combination thereof used to physically separate or screen one use or property from another so as to visually shield or block noise, lights or other nuisances.
BUILDING. Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property. Include fences.
BUILDING PERMIT. A document issued by the administrative official authorizing the use of lots and structures, uses of land and structures and the characteristics of the uses.
BUILDING SETBACK LINE. A line in the interior of a lot which is generally parallel to, and a specified distance from, the street right-of-way line or lines. No building shall then be placed in the space between the BUILDING SETBACK LINE and the right-of-way.
CAMPGROUND. A plot of ground upon which two or more campsites are located, established or maintained for occupancy by camping units such as temporary living quarters for recreation, education or vacation purposes.
CARPORT. Space for the housing or storage of motor vehicles, camper trailers or boats and enclosed on not more than two sides by walls.
CENTER LINE OF A STREET. The center of the surfaced roadway or the surveyed center line of the street, as defined by the City Engineer or authorized representative.
CHILD CARE CENTER. A facility providing direct care and protection of five or more infants, preschool and school age children outside of their own homes, during a portion of a 24-hour day.
CHURCH. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
CLUB, PRIVATE. Buildings and facilities, the purpose of which is to render a social, educational or recreational service to members and their guests and not primarily to render a service customarily carried on as a business or to render a profit. PRIVATE CLUB shall include country club.
COMMERCIAL WAREHOUSE. A building or portion thereof used for storage of any property not permitted in a residential storage warehouse. This shall not be deemed to include the storage area in connection with a purely retail business when located on the same property.
COMMISSION. The West Point Planning Commission.
COMPREHENSIVE PLAN. A comprehensive, long-range plan intended to guide the growth and development of a community or region that typically includes inventory and analytic sections leading to recommendations for the community’s future economic development, housing, recreation and open space, transportation, community facilities and land use, all related to the community’s goals and objectives for these elements.
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 in 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. A legal authorization to undertake a conditional use, issued by the administrative official pursuant to authorization by the Board of Adjustment, consisting of two parts:
(1) A statement of the factual determination by the Board of Adjustments 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.
DETACHED STRUCTURE. A structure having no common wall with another structure except an accessory structure.
DIRECTIONAL SIGN. A noncommercial sign of an instructional nature, such as parking, exit or entrance, displayed solely for the convenience of the public. No more than 25% of the sign shall be devoted to the name or logo of the property, business of profession on the site and containing no business advertising, product trade name identification or listing of any product sold or offered on the premises.
DWELLING UNIT. One or more rooms, designed, occupied or intended for occupancy as a separate living quarter, with cooking, sleeping and sanitary facilities provided within the DWELLING UNIT for the exclusive use of a single-family maintaining a household.
FABRICATION. Manufacturing, excluding the refining or other initial processing of basic raw materials such as metal ores, lumber or rubber. FABRICATION relates to stamping, cutting or otherwise shaping the processed materials into useful objects.
FAMILY. One or more persons occupying a premises and living as a single, non-profit housekeeping unit.
FENCE. An artificially constructed barrier of any material or combination of materials erected to enclose, screen or separate areas.
FLAT SIGN. Any sign painted on or affixed to a building and which sign does not project more than six inches from the building.
FLASHING SIGN. Any sign having a conspicuous and/or intermittent variation in the illumination.
FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces on the exterior walls or from the center line of walls separating two buildings, but not including:
(1) Attic space providing headroom of less than seven feet; and
(2) Basement space.
GARAGE, PRIVATE. A space or structure, including a carport, on the same lot with or in the buildings to which it is accessory, primarily for storage only of automobiles of the residents of the premises.
HEIGHT OF BUILDING. The vertical distance from the established average sidewalk grade, street grade or finished grade at the building line, whichever is highest, to the highest point of the building.
HEIGHT OF SIGN. The vertical distance measured from the highest point of the sign including the frame and any embellishments whichever is greater.
HOME OCCUPATION. Occupations of dressmaking, handicrafts, millinery, laundering, preserving, home cooking, sales or professional services, but excluding barber shops and beauty parlors, but only when the permitted occupations are performed under all of the following conditions:
(1) The use is clearly incidental and secondary to use for dwelling purposes;
(2) The use is conducted entirely within a dwelling unit and not in any accessory building;
(3) The use is carried on only by residents of the dwelling;
(4) The use does not require external alteration of the dwelling; and
(5) The use does not adversely affect the uses permitted in the immediate neighborhood and does not substantially increase traffic generation or noise.
HIGHWAY. See STREET.
HOTEL or MOTEL. A building in which lodging or boarding are provided and offered to the public for compensation. As it is open to the public in contradiction to a boarding house, rooming house, lodging house or dormitory which is herein separately defined.
ILLUMINATED SIGN. Any sign designed to emit or brightly reflect artificial light from any source fixed or incidental.
INCIDENTAL SIGN. A small sign, not exceeding two square feet, limited to information and directions related to the permitted use on the lot or building on which the sign is located and containing no direct illumination. Examples of INCIDENTAL SIGNS would include no smoking, restroom, no solicitors, no trespassing, self service, vacancy, credit card acceptance signs, signs indicating hours of business and similar information.
INDUSTRY. A specific branch of business that obtains its salable items through the assembly of parts into a complete product or through the transformation of a raw material into a finished product.
(1) HEAVY INDUSTRY. Those industries whose processing of products results in the emission of any atmospheric pollutant, light flashes or glare, odors, noise or vibration which may be heard or felt off the premises, and those industries which constitute a fire or explosion hazard. Due to the confined topography of the city, all heavy industrial uses are prohibited within the corporate limits of the city.
(2) LIGHT INDUSTRY. Those industries whose processing of products results in none of the above conditions.
INSTITUTION FOR CHILDREN OR THE AGED. An establishment providing residence and care for children or the aged.
JUNK. Any scrap, waste, reclaimable material or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed or other use or disposition. Examples of which include tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, household appliances, machinery, brush, wood and lumber. More than two unregistered or inoperable vehicles constitute JUNK.
JUNK YARD. Any area, lot, land or parcel where junk is kept as defined herein or waste or discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled, handled, including auto wrecking yards, used lumber yards and places or yards for use of salvaged house wrecking structural steel materials and equipment. A JUNK YARD is a prohibited use within the corporate limits of the city.
LABORATORY. A building or part of building devoted to the testing and analysis of any product or animal (including humans). No manufacturing is conducted on the premises except for experimental or testing purposes.
LOADING SPACE. Logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicle expected to be used and accessible to the vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street, parking in computation of required off-street parking space. All off-street loading spaces shall be located totally outside of any street or alley right-of-way.
LOT. Includes plot or parcel.
LOT, CORNER. A lot abutting upon two or more streets or abutting upon two adjoining and deflected lines of the same street and thereby forming an interior angle of less than 135 degrees. CORNER LOTS shall be construed to have front yards along each abutting street, one rear yard and one side yard.
MANUFACTURING, HEAVY. Manufacturing, processing, assembling, storing, testing and similar industrial uses which are generally major operations and extensive in character, require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation and normally generate some nuisances such as smoke, noise, vibration, dust, glare, air pollution and water pollution, but not beyond the district boundary. Due to the confined topography of the city, all heavy industrial uses are prohibited within the corporate limits of the city.
MANUFACTURING, LIGHT. Manufacturing or other industrial uses which are usually controlled operations, relatively clean, quiet and free of objectionable or hazardous elements such as smoke, noise, odor or dust, operating and storing within enclosed structures and generating little industrial traffic and no nuisance.
MANUFACTURED HOUSING. A manufactured building or portion of a building designed for long-term residential use having the following features or characteristics:
(1) Mass produced in a factory;
(2) Designed and constructed for transportation to a site for installation and use when connected to required utilities; and
(3) Either an independent, individual building or a module for combination with other elements to form a building on the site.
MAY. Is permissive.
MOBILE HOME. A manufactured building or portion of a building designed for one family, long-term residential use having the following features or characteristics:
(1) It was built in a factory;
(2) It was designed and constructed for transportation to a site for installation and use when connected to the required utilities; and
(3) Consisted of either an independent, individual building or module for combination with other elements to form a building on the site, i.e., any structure fabricated in an off-site manufacturing facility for installation or assembly at the building site as a permanent structure with transport features removed, bearing a seal certifying that it was built in compliance with the Federal Manufactured Home Construction and Safety Standards Code as set forth in 24 C.F.R. parts 3280, 3282 and 42 U.S.C. § 5401, and as mandated by the United States as administered by the United States Department of Housing and Urban Development and commonly referred to as the HUD Code. Single-family structures must meet the National Manufactured Home Construction and Safety Standards Act (42 U.S.C. §§ 5401 et seq.) commonly known as the HUD (United States Department of Housing and Urban Development) code, as well as the state’s Building Code structural and installation requirements, found at 815 KAR 7.
MOBILE HOME PARK. Any site, or tract of land under single ownership, upon which three or more mobile homes used for habitation are parked, either free of charge or for revenue purposes; including any roadway, building, structure, vehicle or enclosure used or intended for use as a part of the facilities of the park. A mobile home park may only be located in an R-5 District.
MOBILE SIGNS. A sign which is affixed to a frame having wheels or capable of being moved, or otherwise portable, which does not have a permanent foundation. The mere removal of wheels or temporary securing of a sign to a surface of real estate shall not prevent its being a mobile sign within this definition.
MODULAR HOUSING UNIT. A single-family residential unit that is built in sections off-site and transported to the site for assembly to become a permanent fixture upon that property site. This type of housing includes a set of standards which clarify the difference between mobile homes and modular units, such as:
(1) Has more than 950 feet of occupied space and is composed of more than one section;
(2) Is placed onto a permanent under floor support system in accordance with specified installation standards;
(3) Is placed onto a permanent perimeter enclosure, in accordance with certain installation standards;
(4) Has wheels, axles and hitch mechanisms removed;
(5) Has siding material of a type customarily used on site-constructed homes, such as board siding, plywood or presswood siding, vinyl, stucco, brick, non-reflective aluminum and the like; and
(6) Has roofing material of a type customarily used on site-constructed homes, such as wood, tile, composition shingles or other materials compatible with the conventionally built residential structures in the neighborhood which shall be installed on a surface pitched at a minimum slope of 3:12.
MUSEUM. A non-profit, noncommercial establishment operated as a repository or a collection of nature, scientific or literary curiosities or objects of interest or works of art, not including the regular sale or distribution of the objects collected.
NONCONFORMING USE OR STRUCTURE. Nonconforming use or structure means an activity or a building, sign, structure or a portion thereof which lawfully existed before the adoption or amendment of the zoning regulation, but which does not conform to all of the regulations contained in the zoning regulation which pertains to the zone in which it is located.
NURSERY, NURSING HOME. A home or facility for the care and treatment of babies, children, pensioners or elderly people.
OCCUPIED. Includes arranged, designed or intended to be occupied.
OFFICE. A room or group of rooms used for conducting the affairs of a business, profession, service, industry or government and generally furnished with desks, tables, files and communication equipment. A professional office business establishment is considered to lie within an office building for the purposes of signage regulations when three or more of the following occur:
(1) The establishments are within one building;
(2) The establishments are on the same lot;
(3) The establishments share parking;
(4) When the establishments are within more than one building, the buildings have similar setback; and
(5) The establishments share an ingress or egress.
OFF-PREMISES SIGN. A sign that advertises goods, products, services or facilities or directs persons to a different location from where the sign is installed.
ON-PREMISES SIGN. Any sign identifying or advertising a business, person, activity, goods, products or services located on the premises where the sign is installed and maintained.
OPEN SPACE. Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners, occupants and their guests of land adjoining or neighboring the open space.
PARISH HOUSE. A residence for a minister, priest or rabbi in connection with the operation of a church or synagogue.
PARKING LOT OR AREA. An off-street area used for the parking of any type of vehicle, whether moving or at rest, including but not limited to, parking lots, loading and unloading areas, mobile home parks and sales and services areas. Driveways, access ways, aisles and maneuvering areas are also considered a part of the parking lots or areas.
PARKING SPACE. A space on private land, accessible from a street or alley, not less than nine feet wide and 18 feet long exclusive of passageways.
PERMITTED STRUCTURE. A structure meeting all the requirements established by this chapter for the district in which the structure is located.
PERMITTED USE. Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
PERSON. Includes association, firm, partnership, trust, governmental body, corporation, organization, as well as an individual.
PRESCHOOL. Day care and education of five or more children under legal age to attend public or private grammar school.
PRINCIPAL STRUCTURE. A building in which is conducted a principal or conditional use. In any Residential Zone, any structure containing a dwelling unit shall be deemed a principal structure on the lot on which the same is located. Where a nonconforming use is the primary use on the property, the building in which it is located shall be deemed a principal structure.
PUBLIC USES. 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, stadium and bowling alleys.
RECREATIONAL VEHICLE. A vehicle that is built on a single chassis designed to be self-propelled or permanently towable by a light-duty truck and designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational camping, travel and seasonal use.
RECREATIONAL VEHICLE PARK. Any lot or parcel of land upon which two or more recreational vehicle sites are located, established or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes. See CAMPGROUND.
RESIDENTIAL STORAGE WAREHOUSE. A building or portion thereof designed or used exclusively for storing the excess personal property of an individual or family when it is not located on the lot with the residence, such as passenger motor vehicle, house trailer, motorcycle, boat, camper and other items of personal property generally stored in residential accessory structures. This shall not include the storage of any merchandise, stock furnishings or vehicles of a business of any kind.
RESTAURANT. An establishment where food and drink are prepared, served and consumed primarily within the principal building. See RESTAURANT, TAKE-OUT and RETAIL FOOD ESTABLISHMENT.
RESTAURANT, TAKE-OUT. An establishment where food and/or beverages are sold in a form ready for consumption, where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the restaurant, and where ordering and pickup of food may take place from an automobile.
RETAIL FOOD ESTABLISHMENT. Any fixed facility in which food or drink is offered or prepared primarily for retail sale.
RETAIL SALES. Establishments engaged in selling goods or merchandise to the general public for personal or household consumption.
RETAIL SALES, OUTDOOR. The display and sale of products and services primarily outside of a building or structure, including vehicles, garden supplies, gas, tires and motor oil, food and beverages, boats and aircraft, farm equipment, motor homes, burial monuments, building and landscape materials and lumber yards.
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, landscaped areas, viaducts and bridges.
ROAD. See STREET.
ROADWORTHY. Fit to be driven or towed in a safe condition on public roads.
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.
SETBACK LINE. That line that is the required minimum distance from any lot line and that establishes the area within which the principal structure must be erected or placed.
SHALL. Is always mandatory and not merely directive.
SIDEWALK. The portion of the road right-of-way outside the roadway, which is improved for the use of pedestrian traffic.
SIGN. Any writing, pictorial representation, form, emblem, trademarks, flag, banner, decoration (including material used to differentiate the SIGN copy from the background) or any figure which is written, printed, projected, painted, constructed or otherwise displayed upon or designed into a building, board, plate, canopy, awning, window, vehicle or upon any object or device which by reason of form, color, wording, symbol, design, illumination, motion or other characteristic is designed to attract attention to the subject thereof or is used as a means of identification, advertisement, announcement or of illustrating products.
SIGHT TRIANGLE. A triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.
Requirement by Road Classification (measured along R.O.W.) | Local | Collector | Arterial | |
“A” Distance in Feet | “B” Distance in Feet | |||
130-150 | Arterial road | 30 | 100 | 130-150 |
SPOT ZONING. Rezoning of a lot or parcel of land to benefit an owner for a use incompatible with surrounding land uses and that does not further the Comprehensive Plan. Unreasonable SPOT ZONING results in the following:
(1) A small parcel of land is singled out for special and privileged treatment;
(2) The singling out is not in the public interest but only for the benefit of the land owner; and
(3) The action is not in accord with the Comprehensive Plan.
STREET. Any public or private way set aside for public travel 20 feet or more in width. The word STREET shall include the words, road, highway and thoroughfare.
STRUCTURE. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location as the ground. Among other things, STRUCTURES include buildings, mobile homes, walls, fences, billboards and poster panels.
TRAVEL TRAILER. A non-self-propelled vehicle intended for recreational purposes only. Not allowed or intended to be used as a permanent or temporary residence such as a mobile home.
USE. The specific purposes for which land or a building is designated, arranged or intended, or for which it is or may be occupied or maintained.
USED. Includes arranged, designed or intended to be used.
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.
VEHICULAR USE AREA (VUA). Any open or unenclosed area containing more than 1,800 square feet of area and/or used by five or more of any type of vehicle, whether moving or at rest, including but not limited to, parking lots, loading and unloading areas, mobile home parks and sales and service areas. Driveways are considered to be vehicular use elements described in this chapter (and intervening curbs, sidewalks, landscape strips and the like, do not eliminate adjacency).
WALL. One of the sides of a room or building connecting floor and ceiling or foundation and roof.
YARD, FRONT. An open space extending the full width of the lot between a principal structure and the front lot line; unoccupied and unobstructed from the ground upward. The depth of a FRONT YARD is the shortest distance measured perpendicularly between any part of a building and the front lot line.
YARD, REAR. An open extending the full width of a lot between a principal structure and the rear lot line, unoccupied and unobstructed from the ground upward. The depth of a REAR YARD is the shortest distance measured perpendicularly between any part of a building and the rear lot line.
YARD, SECONDARY FRONT. An open space extending the full width of the lot between a principal structure and the secondary front lot line of a corner lot, unoccupied and unobstructed from the ground upward. The SECONDARY FRONT YARD will be that front yard that is parallel to the side exposure of the principal structure, or the rear exposure of the principal structure in the case of lot with three front yards. The depth of the SECONDARY FRONT YARD is the shortest distance measured perpendicularly between any part of a building and the secondary front lot line.
YARD, SIDE. An open space between a principal structure and a side lot line, unoccupied and unobstructed from the ground upward. The width of a SIDE YARD is the shortest distance measured perpendicularly between any part of a building and the nearest side lot line.
(Prior Code, § 152.008) (Ord. 2007-09, passed 9-10-2007)