For the purpose of this ordinance, the following definitions shall apply unless the context clearly requires a different meaning.

   AASHTO. American Association of State Highway and Transportation Officials.

   ABANDONMENT. Abandonment shall be deemed to have occurred when an activity or use ceases to operate and/or the premises are vacated so as to leave the property unoccupied for a period of at least six consecutive months.

   ABUTTING or ADJOINING. Having a common border with, or being separated from such common border by a right-of-way, alley or easement.

   ACCESS POINT.

      (1)   A driveway, a local street or a collector street intersecting an arterial street;

      (2)   A driveway or a local street intersecting a collector street; or

      (3)   A driveway or a local street intersecting a local street.

   ACCESSORY BUILDING OR USE, CUSTOMARY. One which:

      (1)   Is subordinate to and serves the principal use;

      (2)   Is subordinate in area, extent or purpose to the principal building or principal use served;

      (3)   Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served; and

      (4)   Is located on the same zoning lot as the principal building or principal use served, with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served.

   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.

(KRS 100.111(1))

   ADULT BOOKSTORES. Any building or structure which contains or is used for the display or sale of books, magazines, movie films, motion pictures and any and all printed or written materials, newspapers, photographic materials, drawings, novelties, other pictorial representations, devices and related sundry items, which are distinguished or characterized by their emphasis on matters depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” or an establishment with a segment or section devoted to the sale or display of such material. Any permitted, conditionally permitted or accessory uses allowed within any zone shall not be interpreted to include ADULT BOOKSTORES unless such use is specifically stated to include ADULT BOOKSTORES. No general descriptions set out elsewhere shall be deemed or construed to include such use.

   ADULT CARE HOME. A facility operated as a part of a nursing home and which provides residential care for aged or disabled persons whose principal need is a home with the shelter or personal care their age or disability requires. Medical care in an ADULT CARE HOME is usually occasional or incidental, such as may be required in the home of any individual or family, but the administration of medication is supervised. These homes vary in size from family care homes of two to six residents to ADULT CARE HOMES of more than 100 residents.

   ADULT DAY CARE CENTER. Meets the definition and standards for an adult day care center, adult day health or combination program, as defined and regulated by state law.

   ADULT ENTERTAINMENT ESTABLISHMENT. Any building or structure which contains, or is used for commercial entertainment where the patron directly or indirectly is charged a fee to engage in personal contact with or allow personal contact by employees, devices or equipment or by personnel provided by the establishment or views a series of dance routines, strip performances or other gyrational choreography provided by the establishment which appeals to the prurient interest of the patron, to include, but not be limited to bathhouses, massage parlors and related or similar activities. Any permitted, conditionally permitted or accessory uses allowed within any zone shall not be interpreted to include ADULT ENTERTAINMENT ESTABLISHMENTS unless such use is specifically stated to include ADULT ENTERTAINMENT ESTABLISHMENTS. No general use descriptions set out elsewhere shall be deemed or construed to include such use.

   ADULT THEATERS. A building or structure which is used for the viewing of performances or activities by others, whether such performances are in the form of live shows, motion pictures, slide shows or other forms of photographic or visual display, which are distinguished or characterized by their emphasis on matters depicting, describing or relating to “specified sexual activities” or “specific anatomical areas”, as heretofore defined, or an establishment with a segment or section devoted to the sale or display of such material. Any permitted, conditionally permitted or accessory uses allowed within any zone shall not be interpreted to include ADULT THEATERS. No general use descriptions set out elsewhere shall be deemed or construed to include such use.

   AGRICULTURAL SALES AND SERVICE. A use primarily engaged in the sale or rental of farm tools and implements, feed, grain, tack, animal care products and farm supplies.

   AGRICULTURAL USE. The use of:

      (1)   A tract 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 provision 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.

      (2)   Regardless of the size of the tract of land used, small farm wineries licensed under KRS 243.155;

      (3)   A tract of land at least five contiguous acres used for the following activities involving horses:

         (a)   Riding lessons;

         (b)   Rides;

         (c)   Training;

         (d)   Projects for educational purposes;

         (e)   Boarding and related care; or

         (f)   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 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 70 participants shall be subject to local zoning regulations.

      (4)   A tract of land used for the following activities involving horses:

         (a)   Riding lessons;

         (b)   Rides;

         (c)   Training;

         (d)   Projects for educational purposes;

         (e)   Boarding and related care; or

         (f)   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 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 70 participants shall be subject to local zoning regulations. This division (4)(f) shall only apply to acreage that was being used for these activities before July 13, 2004.

(KRS 100.111(2))

   AIR RIGHTS. The ownership or control of that area of space at and above a horizontal plane over the ground surface of land. This horizontal plane shall be at a height above the existing or proposed development (depending on the individual property in question) which is reasonably necessary or legally required for the full and free use of the ground surface.

   AIRPORT. A defined public or private land area designed and set aside for the landing and taking-off of aircraft. An AIRPORT includes all necessary runways, taxiways passenger terminals, parking areas, aircraft maintenance and storage buildings and open spaces.

   ALEXANDRIA CODE ENFORCEMENT BOARD. An administrative body, created under KRS 65.8801 to 65.8839 and city Ord. 5-99 and 20-99, with authority to issue remedial orders and impose civil fines for violation of this ordinance (as well as other city ordinances).

   ALLEY. Public or private way which normally provides secondary access to the rear or side of abutting property.

   ALTERATIONS, STRUCTURAL. A change or rearrangement in the supporting members of a building such as bearing walls, columns, beams or girders.

   APARTMENT. A portion of a building consisting of a room or suite of rooms intended, designed or used as a permanent residence by an individual or one family.

   APARTMENT HOUSE. See DWELLING, MULTI-FAMILY.

   ASSISTED LIVING FACILITY. Residences for the frail elderly that provide rooms, meals, personal care and supervision of self-administered medication. In some instances, services such as recreational activities, financial services and transportation are also provided; and ASSISTED LIVING COMMUNITY means a series of living units on the same site certified under KRS 194A.707 to provide services for five or more adult persons not related within the third degree of consanguinity to the owner or manager.

   AUTOMOTIVE REPAIR.

      (1)   MAJOR AUTOMOTIVE REPAIR. The repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collisions services, painting and steam cleaning of vehicles.

      (2)   MINOR AUTOMOTIVE REPAIR. See divisions (1) through (10) under “gasoline service station”.

   AUTOMOTIVE AND TRAILER SALES AREAS. An open, partially open or enclosed area, other than a street, used for the display, sale or rental of new or used motor vehicles or trailers and where no repair work is done, except minor incidental repair of automobiles or trailers to be displayed, sold or rented on or from the premises.

   AUTOMOTIVE WRECKING. An open area where any waste, used or second-hand materials or old dilapidated machinery are sold, bought, exchanged, stored, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, bottles (glass), motor vehicles, mobile homes, trailers, machinery, appliances and furniture. The presence of one or more inoperative motor vehicles, equipment, mechanical machinery and related parts and/or portions thereof on a lot for a period exceeding 30 days shall constitute evidence regarding the establishment of a AUTOMOTIVE WRECKING YARD. A junk yard is considered an AUTOMOTIVE WRECKING YARD.

   AWNING. A covering that projects from and is supported by the wall of a building for the purpose of shielding a doorway or window from the elements.

   BASEMENT. The portion of a building that lies wholly or partly underground.

   BED AND BREAKFAST INN. An owner-occupied principle residential structure in which a room or rooms are rented to the public on a nightly basis for periods of less than a week. Breakfast may be provided for guests only.

   BED AND BREAKFAST UNITS. A room or a group of rooms for hire, located within a principle residential structure, forming a single habitable unit used or intended to be used for sleeping, but not for cooking or eating purposes.

   BICYCLE LANE (BIKE LANE). A portion of a roadway, or a lane adjacent to a roadway, which has been designated by striping, signing and pavement markings for the preferential or exclusive use of bicyclists.

   BICYCLE ROUTE (BIKE ROUTE). A segment of a system of bikeways designated by the jurisdiction having authority with appropriate directional and informational markers, with or without a specific bicycle route number.

   BIKEWAY. Any road, path or way which in some manner is specifically designated as being open to bicycle travel, regardless of whether such facilities are designated for the exclusive use of bicycles or are to be shared with other transportation modes.

   BOARD OF ADJUSTMENT or BOARD. The Board of Adjustment, City of Alexandria, Campbell County, Commonwealth of Kentucky.

   BOARDING HOUSE. A residential building, other than a hotel, motel or tourist cabin, where lodging and meals for four or more persons are served for compensation, and by prearrangement, for definite periods.

   BUFFER AREA. Areas so planned and/or zoned which act as a buffering or separation area between two or more uses or structures not compatible, due to design, function, use or operation.

   BUILDING. A structure enclosed within exterior walls or firewalls for the shelter, housing, support or enclosure of persons, animals or property of any kind. At no time shall this definition be construed to include mobile homes.

   BUILDING, ACCESSORY. A subordinate building detached from, but located on the same lot as the principal building, the use of which is incidental and accessory to that of the main building or use.

   BUILDING, ALTERATION OF. Any change or rearrangement in the supporting members (such as bearing walls, beams, columns or girders) of a building, or any addition to a building, or movement of a building from one location to another.

   BUILDING AREA or LOT COVERAGE BY BUILDING. The portion of a lot or building site that can be legally occupied by the ground floor of the principal building or use and all permitted accessory uses excluding those portions of the lot or building site which shall be reserved for minimum required yard spaces.

   BUILDING, COMPLETELY ENCLOSED. A building separated on all sides from the adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.

   BUILDING, DETACHED. A building surrounded by open space on the same lot or tract of land.

   BUILDING, ENLARGEMENT OF. Any increase in the cubic content of a building.

   BUILDING, HEIGHT OF. The vertical distance measured from the average elevation of the finished grade adjoining the building at the front building line to the highest point of the roof surfaces, if flat roof; to the deck line of a mansard roof; and to the average height level between eaves and ridge for gable, hip and gambrel roofs.

   BUILDING INSPECTOR. The official or officials appointed by the City of Alexandria, Commonwealth of Kentucky, or by a firm, organization, agency or company contracting with the city for building inspection services to administer and enforce the building codes.

   BUILDING LINE. A line defining the minimum front, side and rear yard requirements.

   BUILDING, MAIN. See BUILDING, PRINCIPAL.

   BUILDING PERMIT. A permit issued by the city’s Building Inspector authorizing the construction or alteration of a specific building, structure, sign or fences on a specific tract.

   BUILDING, PRINCIPAL. The building on a lot used to accommodate the primary use to which the premises is devoted.

   BUILDING OR HOUSING REGULATION. The Kentucky Building Code, the Kentucky Plumbing Code and any other building or structural code promulgated by the commonwealth or its political subdivisions.

(KRS 100.111(10))

   BUILDING SETBACK LINE. A line parallel or radial to the front, side and/or rear lot line and set back from the lot line a distance to provide the required minimum yard space, as specified in this ordinance.

   BUILDING SITE. One contiguous piece of land that meets all of the provisions of the city’s ordinances, regulations and codes for building on said site. For the purpose of this ordinance, the entire amount of the ground being called a BUILDING SITE shall be in one specific zone category and this shall not be construed to mean merely a residential, commercial, industrial and the like, but specifically: CO; R-RE; R-1A; R-1B; R-1C; R-1D; R-1V; R-1EA; RMHP; R-2; R-3; NSC; CT; HC; PO; PF; PUD; IP; and B-1.

   BUSINESS. An occupation, enterprise, undertaking or employment which engages in the purchase, sale, barter or exchange of goods, wares, merchandise or services or where there is the maintenance or operation of an office or offices for the exhibition, sale or offering of merchandise or services.

   CALIPER. Diameter of a tree trunk to be measured at a certain height as specified in the landscape regulation portion of this ordinance.

   CANNABIS. See MARIJUANA.

   CANNABIS CULTIVATOR. An entity licensed as such under KRS Chapter 218B.

   CANNABIS PROCESSOR. An entity licensed as such under KRS Chapter 218B.

   CANNABIS PRODUCER. An entity licensed as such under KRS Chapter 218B.

   CANOPY (MARQUEE). A permanent roof-like shelter extending from a building face serving the purpose of protecting pedestrians from the elements. Such structure projects from a building and shall be open on three or more sides and shall be supported either in part or wholly through supports and constructed of durable materials such as, but not limited to glass, metal or plastic.

   CAPACITY. The maximum number of vehicles that have a reasonable expectation of passing over a given roadway or section of roadway in one direction during a given time period under prevailing roadway and traffic conditions.

   CAR WASH. A building or portion thereof, containing facilities for washing one or more automobiles, using production line methods. The use of personnel for one or more phases of this operation in conjunction with or without complete automatic or mechanical devices does not alter its classification. For the purpose of this ordinance, coin-operated devices, of the above nature, which are operated on a self-service basis shall be construed to be the same.

   CARPORT. See GARAGE, PRIVATE.

   CELLAR. The portion of the building between the floor and ceiling which is wholly or partly below the average level of the adjoining grade and so located that the vertical distance from the average level of the adjoining grade to the floor below is equal to or greater than the vertical distance from the average level of the adjoining grade to the ceiling.

   CELLULAR TELECOMMUNICATION FACILITY (CTF). The lot, tract or parcel of land that contains the telecommunications tower, wireless telecommunications equipment shelter, telecommunications antenna and related equipment involved in the transmission and/or reception of telecommunications. The following definitions represent terminology associated with cellular telecommunications.

      (1)   ALTERNATIVE ANTENNA TOWER. Human-made trees, clock towers, bell steeples, light poles, church spires, belfry, chimney flue, elevator bulkhead, air conditioning unit or other building equipment normally maintained above the roof line of a building.

      (2)   ANTENNAS OR RELATED EQUIPMENT. Transmitting, receiving or other equipment used to support cellular telecommunications service or personal communications service. This definition does not include towers. Examples of cellular telecommunications or personal communications services include, but are not limited to, cellular telephone, paging, public safety and data transmission, specialized mobile radio, enhanced specialized mobile radio and other commercial private radio services.

      (3)   CELLULAR ANTENNA TOWER. Any structure that is designated and constructed, or an existing facility that has been adapted, for the location of transmission or related equipment to be used in the provision of cellular telecommunications services or personal communications services. This includes guyed towers, lattice towers, monopoles, alternative cellular antenna tower structures and towers taller than 15 feet constructed on the top of another building along with any separate building on the lot used to house any supporting electronic equipment.

      (4)   CELLULAR TELECOMMUNICATIONS EQUIPMENT SHELTER. The structure, shelter, cabinet or vault in which the electronic receiving and relay equipment necessary for the processing of wireless telecommunications is housed together with necessary related equipment.

      (5)   CELLULAR TELECOMMUNICATIONS SERVICE. A retail telecommunications service that uses radio signals transmitted through cell sites and mobile switching stations.

      (6)   CO-LOCATION. Locating two or more cellular transmission antennas or related equipment on the same cellular antenna tower.

      (7)   HEIGHT, CELLULAR TELECOMMUNICATIONS TOWER. The distance from the anchored base of the tower, whether on top of another building or at grade, to the highest point of the structure, even if the highest point is the top of the cellular telecommunications antenna.

      (8)   LATTICE TOWER. A support structure constructed of vertical metal struts and cross-braces forming a triangular or square structure which often tapers from the foundation to the top.

      (9)   MONOPOLE. A support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.

      (10)   PERSONAL COMMUNICATION SERVICE. Has the meaning as defined in 47 C.F.R. part 332(c).

      (11)   RELATED EQUIPMENT, CELLULAR TELECOMMUNICATIONS. All equipment ancillary to the transmission of telecommunications. Such equipment may include, but not be limited to, cable, conduit, connectors, air conditioning and emergency generators.

      (12)   UNIFORM APPLICATION. An application to construct a cellular antenna tower submitted to a planning commission in conformity with KRS 100.9865 and 100.987.

      (13)   UTILITY. The meaning as defined in KRS 278.010(3).

   CEMETERY. A land area used or intended to be used for the purposes of the human or animal burial. A CEMETERY includes, but is not limited to a burial park for earth interment, mausoleum for entombment, columbarium for interment, burial ground consisting of one or more parked or unmarked graves and a burial mound or other burial facility.

   CHANNEL. A natural or artificial watercourse, with bed and banks that transport continuous or intermittent water flow.

   CHURCH. A building used principally for religious worship including synagogues, mosques and temples. The word CHURCH shall not include or mean an undertaker’s chapel of a funeral building.

   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.

(KRS 100.111(4))

   CITY. The City of Alexandria, Campbell County, Commonwealth of Kentucky.

   CITY ADMINISTRATOR. The City Administrator of the City of Alexandria, Campbell County, Commonwealth of Kentucky.

   CITY CLERK. Also known as CLERK OF COUNCIL. The City Clerk of the City of Alexandria, Campbell County, Commonwealth of Kentucky.

   CITY COUNCIL. The City Council of the City of Alexandria, Campbell County, Commonwealth of Kentucky.

   CLEARING. The act of removal of vegetation from a site either prior to or as part of excavation; includes, but is not limited to, removal of underbrush from a wooded area.

   CLINIC, ANIMAL. A building used by an individual professional medical person and/or a group of professional medical persons for the healing arts and treatment of small animals on an out-patient or non-boarding basis only, without animal runs.

   CLINIC. A building used by an individual professional medical person and/or a group of professional medical persons for the healing arts or treatment of persons on an out-patient or non- boarding basis.

   CLUB. An association of persons for some common objective usually jointly supported and meeting periodically.

   CODE ENFORCEMENT OFFICER. Person designated by city ordinance to enforce the zoning and subdivision regulations in addition to other various city ordinances.

   COMMERCIAL RECREATION. A privately-owned and operated facility that offers activities related to fitness, purposeful relaxation and/or games.

   COMMISSION, PLANNING COMMISSION or PLANNING AND ZONING COMMISSION. The Planning and Zoning Commission of the City of Alexandria, Campbell County, Commonwealth of Kentucky.

   COMPREHENSIVE (MASTER) PLAN. The most recent comprehensive plan (as defined in KRS Chapter 100) that has been adopted by the Alexandria Planning Commission.

   CONDITIONAL USE. A use which is essential to or would promote the public health, safety or welfare in one or more zones, but which impair the integrity and character of the zone in which it is located, or in adjoining zones, unless restrictions on locations, size, extent and character of performance are imposed in addition to those imposed within this ordinance.

(KRS 100.111(6))

   CONDITIONAL USE PERMIT. Legal authorization to undertake a conditional use, issued by the Zoning Administrator, pursuant to authorization by the Board of Adjustment, consisting of two 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.

(KRS 100.111(7))

   CONFORMING USE. Any lawful use of a building, structure, lot, sign or fence, which complies with the provisions of this ordinance.

   CONTINUING CARE RETIREMENT COMMUNITY. A residential community including a range of living units from independent units to assisted care units to skilled nursing care facilities along with a variety of common amenities and ancillary services.

   CONVENIENT STORE. A small retail store selling general merchandise usually located off arterial roads or highways.

   COUNCILPERSON or COUNCIL MEMBER. Members of the City Council of the City of Alexandria, Campbell County, Commonwealth of Kentucky.

   COURT. An open unoccupied space other than a yard, on the same lot with a building and which is bounded on two or more sides by the building.

   CREEP. The gradual downslope movement of overburden soils over a sloping bedrock or other dense soil surface (such as glacial till). Any overburden soil on steeply sloping terrain should be assumed to be prone to move CREEP.

   CREST. The highest point of a slope.

   CURB CUT. Any interruption or break in the line of a street curb in order to connect a driveway to a street or otherwise to provide vehicular access to abutting property. In the case of streets without curbs, CURB CUTS shall represent construction of access drives which intersect the street.

   CURB LEVEL. The level of the established curb in front of the building measured at the center of such front. Where no curb has been established, the City Engineer shall authorize and approve the establishment of such CURB LEVEL or its equivalent for the purpose of this ordinance.

   DAY CARE CENTER. See § 3.31 for definitions related to day care centers.

   DECIBEL. A unit of measurement of the intensity (loudness) of sound. Sound level meters which are employed to measure the intensity of sound are calibrated in DECIBELS.

   DENSITY. A unit of measurement involving a portion of an activity devoted to a specific use identified in acres or square footage in relation to a portion of an overall site.

   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 human-made and natural conditions, and all other conditions agreed to by the applicant. A DEVELOPMENT PLAN, less detailed than a site plan, is typically submitted in conjunction with an application for an amendment to the zoning map and may be required by the Planning Commission as a condition of approval for a zone change.

(KRS 100.111(8))

   DISTRICT. For the purposes of this ordinance, synonymous with ZONE.

   DORMITORY. A building used to provide residences for individuals or a group of persons of whom all are exclusively associated.

   DROP-OFF CENTER. A trailer or temporary structure used as a collection point for donated items for a specific non-profit organization.

   DWELLING. Any building which is completely intended for, designed for and used for residential purposes, but for the purposes of this ordinance, shall not include a hotel, motel, nursing home, tourist cabins, college or university dormitories or military barracks.

   DWELLING, ATTACHED, SINGLE-FAMILY. A dwelling unit which is sharing a common wall by one or more dwelling units, each of which has independent access to the outside of the building to ground level and which has no less than two exterior walls fully exposed and not in common with the exterior walls of any other units.

   DWELLING, CONDOMINIUM. A single-family attached dwelling unit separately owned and valued for property tax purposes, with common areas under group ownership and property taxes paid by a homeowners association.

   DWELLING, DETACHED, SINGLE-FAMILY. A dwelling standing by itself and containing only one dwelling unit, having no wall in common with another dwelling unit, but shall not include mobile homes.

   DWELLING, DUPLEX UNIT. A single-family dwelling and accessory structures which may be either attached side by side or one above the other to one other dwelling unit and/or accessory structures. Each dwelling unit in a DUPLEX STRUCTURE may have separate entrance or may share a combined entrance residential building designed, arranged and occupied exclusively by two families living independent of each other.

   DWELLING, MULTI-FAMILY. A residential building used and/or arranged for rental occupancy, or cooperatively owned by occupants, having three or more dwelling units, living independent of each other. This type of dwelling shall be inclusive of apartment buildings.

   DWELLING, TOWNHOUSE. A single-family attached dwelling consisting of one dwelling from ground to roof, and separate entrance and having more than one floor or story, but sharing walls with another dwelling unit or an accessory structure of another dwelling unit, where three or more dwelling units are so combined (attached).

   DWELLING, TRAILER. See MOBILE HOME.

   DWELLING, TWO-FAMILY. See DWELLING, DUPLEX UNIT.

   DWELLING UNIT. A building or portion thereof providing complete housekeeping facilities for one person or one family.

   EARTH MATERIAL. Soil sediment, rock, sand, gravel and organic material or residue associated with or attached to the soil; any rock, natural soil or combination thereof.

   EARTHWORK. Operations involving the excavating or filling of land using earth materials.

   EASEMENT. A vested or acquired right, distinct from ownership of the land, to cross property with facilities such, but not limited to, sewer lines, water lines and transmission lines, or the right, distinct from the ownership of the land, to reserve and hold an area for drainage or access purposes.

   EATING ESTABLISHMENTS - RESTAURANT. An establishment selling food items ordered from a menu and prepared on the premises and provided by a waiter/waitress and/or self-service.

      (1)   FAST SERVICE RESTAURANT. Any structure where cooked food and beverages primarily intended for immediate consumption are available upon a short waiting time, and are packaged or presented in such a manner that they can be readily eaten outside the premises where they are sold; and where the facilities for non-premises consumption of the food and beverages are insufficient for the volume of food sold in the establishment.

         (a)   CARRY-OUT. An establishment preparing and offering food and beverages which are sold only inside the building and are packaged to be carried and consumed off the premises.

         (b)   DRIVE-IN. An establishment offering food and beverages which are sold within the building, or to persons while in motor vehicles in an area designated for drive-in or drive-through service, and for consumption on or off the premises.

      (2)   SIT-DOWN RESTAURANT. An establishment that prepares and sells foods and beverages to the customer in a ready-to-consume state through one of the following methods of operation:

         (a)   Customers, normally provided with an individual menu, are served their food and beverages by a restaurant employee at the same table or counter at which said items are consumed; or

         (b)   A cafeteria-type operation where foods and beverages are consumed within the structure.

      (3)   COMBINATION. A restaurant which provides any combination of sit-down service, plus the capability of providing carry-out, drive-in or both services.

   EROSION. The wearing away of earth materials, either surface or subsurface, by the actions of water, wind, ice, gravity, an earth-disturbing activity or a combination thereof.

   ESSENTIAL SERVICES. The erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems; including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants and other similar equipment and accessories reasonably necessary for furnishing adequate service or for the public health, safety or general welfare. This definition is not meant to include buildings.

   EXCAVATION. Any mechanical act by which earth materials are removed, displaced or relocated, including the conditions resulting therefrom.

   EXISTING, OPERATIONAL ADULT BUSINESS. Any adult bookstore or adult entertainment establishment or adult theater, as well as the structures housing the same, which are carrying on and doing business for gain or economic benefit, existing upon the passage of this ordinance, if any.

   FAMILY. An individual or two or more persons related by blood or marriage, or group of not more than three persons (excluding servants) who need not be related by blood or marriage, living together in a single housekeeping unit as their common home for the time, as distinguished from a group occupying a boarding house, lodging house, hotel, club, fraternity or sorority house.

   FARM IMPLEMENT AND MACHINERY SALES. The sale or leasing of new and used farm implements and machinery displayed, stored and sold or leased on site excluding repair work, except minor incidental repair.

   FENCE. A structure made of wire, wood, metal, masonry or other material, including hedges, which is constructed or erected in a more or less permanent location in or on the ground and which constitutes an enclosure or barrier around or along a field, yard, lot, property and the like.

   FILL. The deposit of earth material by mechanical means, including the conditions resulting therefrom; includes both uncontrolled and engineered fills, but does not include building backfill.

   FINANCIAL INSTITUTION. Commercial banks, savings and loan associations, brokerage offices and other similar financial institutions, but not including pawn shops.

   FISCAL COURT. The chief body of the county with legislative power, whether it is fiscal court, county commissioners or otherwise.

(KRS 100.111(9))

   FLOOD. A general temporary condition of partial or complete inundation of normally dry land areas from:

      (1)   The overflow of inland waters;

      (2)   The unusual and rapid accumulation of runoff of surface waters from any source; and

      (3)   Mudslides (i.e., mudflows) which are proximately caused or precipitated by accumulations of water on or under the ground.

   FLOOD, 100-YEAR FREQUENCY. The highest level of flooding that, on the average, is likely to occur once every 100 years (i.e., that has a 1% chance of occurring each year).

   FLOODPLAIN or FLOOD-PRONE AREA. Any normally dry land area that is susceptible to being inundated by water from any source.

   FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation more than one foot at any point.

   FLOOR AREA, GROSS. The sum of the gross horizontal area of all floors of a dwelling unit or units measured from the exterior faces of the exterior walls or from the centerline of walls or partitions separating two dwelling units. FLOOR AREA shall include the area of basements when used for residential, commercial or industrial purposes, but shall not include a basement or portion of a basement used for storage or the housing of mechanical or central heating equipment. In calculating FLOOR AREA, the following shall not be included:

      (1)   Attic space providing structural head room of less than seven feet, six inches;

      (2)   Uncovered steps;

      (3)   Terraces, breezeways and open porches;

      (4)   Automobile parking space in a basement or private garage; and

      (5)   Accessory off-street loading berths, but not to exceed twice the space required by the provisions of this ordinance.

   FLOOR AREA RATIO. The floor area ratio of the building or other structure on any lot is determined by dividing the gross floor area of the building or structure by the area of the lot on which the building or structure is located. When more than one building or structure is located on a lot, then the FLOOR AREA RATIO is determined by dividing the total floor area of all buildings or structures by the area of the lot. The FLOOR AREA RATIO requirements, as set forth under each zoning district, shall determine the maximum floor area allowable for buildings or other structures, in direct ratio to the gross area of the lot.

   FRATERNITY or SORORITY. A club or social activity officially associated with and recognized and supervised by an institution for higher education whose membership is limited exclusively to students of the said institution.

   FRATERNITY/SORORITY HOUSE. A building used by a fraternity or sorority to provide living quarters for some or all members, as well as to provide study, meeting, recreational and other facilities.

   FREQUENCY. The number of oscillations per second in a sound wave. This is an index of the pitch of the resulting sound.

   FRONTAGE. All the property abutting on one side of the right-of-way of a street, measured along the right-of-way line of the street between the intersecting lot lines. In no case shall the line along an alley be considered as ACCEPTABLE FRONTAGE.

   GARAGE, PRIVATE.

      (1)   An accessory building or portion of a principal building used for the storage of motor vehicles, travel trailers and/or boats of the occupants of the premises and wherein:

         (a)   Not more than one space is rented for parking to persons not resident on the premises;

         (b)   No more than one commercial vehicle per dwelling unit is parked or stored;

         (c)   The commercial vehicle permitted does not exceed two tons’ capacity.

      (2)   This definition shall not include a “public garage”.

   GARAGE, PUBLIC. A facility designed and used for the temporary storage of operational automobiles. This definition shall not include a “private garage”.

   GARBAGE. All putrescible wastes including vegetable, animal offal and carcasses of small dead animals; but does not include human excreta, sewage and other water-carried wastes.

   GAS FILLING STATION. A facility that offers gasoline and similar fuels and automotive wash services. GASOLINE FILLING STATIONS include the following activities that are accessory and incidental to the principle operation:

      (1)   Sale of cold drinks, packaged food and similar convenience goods; and

      (2)   Sale of road maps, other travel information material and provision of restroom facilities.

   GASOLINE SERVICE STATION.

      (1)   A facility that offers gasoline, oil, batteries, tires, various motor vehicle parts and accessories. GASOLINE SERVICE STATIONS include the following activities:

         (a)   Minor automotive repair;

         (b)   Sales of cold drinks, packaged food and similar convenience goods as accessory and incidental to principle operations;

         (c)   Sales of road maps and other travel informational material and provision of restroom facilities;

         (d)   Warranty maintenance and safety inspections and automobile emissions testing;

         (e)   Washing, polishing and sale of washing and polishing materials;

         (f)   Greasing and lubrication;

         (g)   Providing and repairing fuel pumps, oil pumps and lines;

         (h)   Minor servicing and repair of carburetors;

         (i)   Adjusting and repairing brakes; and

         (j)   Minor motor adjustment not involving the removal of the head, the crankcase or racing of motor.

      (2)   Uses permissible at a GASOLINE SERVICE STATION do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operable condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in gasoline stations. A GASOLINE SERVICE STATION is not a repair garage nor a body shop.

   GLARE. The effect produced by brightness sufficient to cause annoyance, discomfort or loss in visual performance in visibility.

   GRADE. The average level of the finished surface or the ground adjacent to the exterior walls of the building or structure.

   GROSS DENSITY. The population density of a particular area measured by the number of residents divided by the total number of acres, including street rights-of-way, as well as residential land.

   GROUP HOUSING. See RESIDENTIAL CARE FACILITY.

   HEDGE. A dense growth of shrubbery which may or may not be used for buffering and/or screening purposes.

   HOME OCCUPATION. An accessory use customarily conducted entirely within a dwelling, that will not be detrimental to the residential character of the neighborhood. Specifically, the following criteria will be applied.

      (1)   The HOME OCCUPATION shall occupy not more than 25% of the floor area of the principal building.

      (2)   No change shall be made to the exterior facade to indicate that the premises are used for anything other than a residence.

      (3)   An unlighted or indirectly lighted sign of not over two square feet will be permitted.

      (4)   The use shall not cause noise, smoke, odor or other nuisances.

      (5)   Not more than one person not a resident of the premises shall be employed.

   HOME IMPROVEMENT CENTER. Any building(s) or structure(s) in which items used in the repair, replacement, remodeling or construction of buildings, homes and their component parts are warehoused and sold to both retail and wholesale buyers, such as, but not limited to, electrical and plumbing fixtures, pipe, wire and their related fittings, general hardware items, tools and building supplies.

   HOMEOWNERS ASSOCIATION. A private, non-profit corporation of homeowners and/or residents of a defined area for the purpose of owning, operating and maintaining various common properties.

   HOSPITAL, ANIMAL. A building used by professional medical persons for the healing arts or treatment of animals generally on an in-patient or boarding basis and may have outside runs.

   HOSPITAL. A building used by professional medical persons for the healing arts or treatment of persons generally on an in-patient or boarding basis.

   HOTEL. A facility offering transient lodging accommodations to the general public and providing additional services such as restaurants, meeting rooms, entertainment and recreational facilities.

   HOUSEHOLD PETS. Small animals appropriately kept within a structure or upon the premises which are not raised for commercial purposes and can reasonably be confined to a dwelling unit or a private boarding stable so as to not create a nuisance to adjoining property owners. HOUSEHOLD PETS include, but not limited to, domestic dogs, domestic cats, domestic birds, domestic fish and domestic rodents.

   HOUSING OR BUILDING REGULATION. The Kentucky Building Code, the Kentucky Plumbing Code and any other building or structural code promulgated by the commonwealth or its political subdivisions.

(KRS 100.111(10))

   IMPERVIOUS SURFACE. An area that has been compacted or covered by a layer of material that is highly resistant to infiltration by storm water. IMPERVIOUS SURFACES include buildings, parking areas, driveways, sidewalks and graveled areas.

   INDUSTRIAL PARK. A defined geographic area planned and coordinated for the development of various industrial uses and associated activities. An INDUSTRIAL PARK is designed, constructed and managed on an integrated basis with particular attention given to vehicular circulation, parking, utilities, storm water management, building design, signage and landscaping.

   INFRASTRUCTURE. The total composition of public, semi-public and private utilities, facilities and service which make urban areas possible. The INFRASTRUCTURE includes roads, rail, transit, sewage, water, storm drainage, education, fire, police, recreation, general public health, general public administration and revenue.

   INSTABILITY. A state of disturbed slope equilibrium, identified through observation, measurement, analysis or experience, which is of probable immediate or long-term consequence.

   INSTITUTION. An organization, for public use, having a social, educational or religious purpose.

   JUNK. Scrap brass, scrap copper, scrap iron, scrap lead, scrap tin, scrap zinc and all other scrap metals and the alloys, and bones, rags, used cloth, used rope, used rubber, used tinfoil, used bottles, old or used machinery of any type, used tools, used appliances, used fixtures, used utensils, used lumber, used boxes or crates (fabricated of any material), used pipe or pipe fittings, used conduit or conduit fittings, inoperative motor vehicles, used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition or which are subject to being dismantled.

   JUNK YARD. An open area where any waste, used or second hand materials or old dilapidated machinery are sold, bought, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, bottles (glass), motor vehicles, mobile homes, trailers, machinery, appliances and furniture. The presence of one or more inoperative motor vehicles, equipment, mechanical machinery and related parts and/or portions thereof on a lot for a period exceeding 30 days shall constitute evidence regarding the establishment of a JUNK YARD. An automotive wrecking yard is considered as a JUNK YARD.

   KENNEL. Any building, structure or open space devoted in its entirety or in part to the raising, boarding or harboring of four or more small domestic animals, at least four months of age for commercial purposes. Commercial purposes include the grooming, breeding, boarding, training, raising and selling of domesticated animals.

   KOPE. Formation of native Upper Ordovician Age bedrock, shale, and thinly bedded limestone, which is present between the Cynthiana and Fairview formations. Characterized by relatively soft shale, which comprises 70% to 90% of the bedrock formation. The shale part of the KOPE formation is particularly susceptible to weathering when exposed to moisture and air as in open cuts, resulting in degradation and potential slippage against the weathered bedrock surface. The KOPE is considered to be considerably less resilient to environmental effects than either the Cynthiana formation below and the Fairview formation above.

   LABORATORY. A building or a portion of a building devoted to the experimental study in science, or the testing and analysis of chemicals, drugs, explosives, minerals and the like.

   LABORATORY, DENTAL, MEDICAL OR OPTICAL. A building or a portion of a building used to provide bacteriological, biological, medical, x-ray, pathological, optical or similar analytical or diagnostic services to doctors, optometrists/opticians or dentists and where no fabrication is conducted on the premises, except the custom fabrication of dentures, optical glasses, contact lenses or similar devices.

   LANDFILL. A facility designed and used for the disposal of solid wastes in an appropriate manner that minimizes potential environmental degradation. Hazardous, toxic or radioactive waste disposal is not permitted in a LANDFILL.

   LANDSCAPING. The preservation, addition and maintenance of trees, bushes, plants and/or other natural features for an area to produce an aesthetic appearance for socio-environmental reasons.

   LANDSCAPE SCREEN or BUFFER AREA. A defined area composed of vegetation and/or structures located between conflicting types or intensities of land uses or activities. A LANDSCAPE SCREEN or BUFFER YARD may include a combination of trees, bushes, earthen berms and/or landscaping fences. The purpose of a LANDSCAPE SCREEN or BUFFER YARD is to minimize the potential negative impacts of noise, light, dust, dirt and differing visual effects of one use or activity upon another.

   LANDSLIDE. The rapid downward and outward movement of large rock material and/or soil mass under the influence of gravity in which the movement of the soil mass occurs along an interior surface.

   LAUNDROMAT. A business that provides washing, drying and/or ironing machines for hire to be used by customers on the premises.

   LEASABLE AREA, GROSS. The total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, if any, expressed in square feet and measured from the center line of joint partitions and from outside wall faces.

   LEGISLATIVE BODY. The City of Alexandria, Campbell County, Commonwealth of Kentucky, City Council.

   LEVEL OF SERVICE (LOS). A measure of the mobility characteristics of an intersection as determined by vehicle delay and secondary factor, the volume/capacity ratio.

   LIVESTOCK. Domestic animals of types customarily raised or kept on farms for profit or other productive purposes.

   LOADING AND/OR UNLOADING SPACE. A surface within the main building or on the same lot providing for the temporary standing, loading and/or unloading of vehicles. Said space shall be connected with an accepted deeded public right-of-way which affords ingress and egress for vehicles.

   LODGING HOUSE. A building, other than an apartment, hotel or motel where lodging for five or more persons is provided for compensation.

   LOT. A parcel of land of sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such setbacks and other open setbacks and other open spaces required under this ordinance. Such LOT shall have frontage on an improved public street, or on an approved private street, and may consist of:

      (1)   A single lot of record;

      (2)   A portion of a lot of record; and/or

      (3)   A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of records.

   LOT AREA. The total area of a horizontal plane bounded by the front, side and rear lot lines, but not including any area occupied by rights-of-way, floodplains, the waters of any lake or river, creek or major drainage ditch, and shall be in one zone only. For the purposes of this ordinance, all of the area of a given LOT shall be in the same specific zoning category.

   LOT, COVERAGE. That percentage of a lot which, when viewed directly from above, would be covered by a structure or structures, or any part thereof, excluding projecting eaves.

   LOT, DEPTH OF. The distance measured in the mean direction of the side lot lines from the midpoint of the front lot lines to the midpoint of the rear lot lines.

   LOT, DOUBLE FRONTAGE. A lot other than a corner lot that has frontage on more than one street.

   LOT, FRONTAGE. The lot frontage shall be the width of a lot measured at the building setback line.

   LOT LINES.

      (1)   FRONT. The common boundary line of an interior lot (other than a double frontage lot) and a street right-of-way line or the common boundary line of a corner lot (other than a double frontage lot) and that street right-of-way line toward which the principal or usual entrance to the main building situated on such lots most nearly faces, or the common boundary line of a through lot and any adjacent road or street right-of-way line.

      (2)   REAR. The boundary line of a lot which is most nearly opposite the front lot line of such lot. In the case of a triangular or wedge shaped lot, for measurement purpose only, a line ten feet in length within the lot parallel to and at the maximum distance from the front lot line. In the case of a corner lot; providing that, all requirements for yard space are complied with, the owner may choose either side not abutting a street as the REAR LOT LINE, even though it is not opposite the front lot line. Once the choice has been made, it cannot be changed unless all requirements for yard space can be complied with.

      (3)   SIDE. Any boundary line of a lot, other than a front lot line or rear lot line.

   LOT, MINIMUM AREA OF. The area of a lot is computed exclusive of any portion of the right- of-way of any public or private street.

   LOT OF RECORD. A designated fractional part or subdivision of a block, according to a specific recorded plat or survey, the map of which has been officially accepted and recorded in the office of the Campbell County Clerk, Commonwealth of Kentucky.

   LOT TYPES. Terminology used in reference to corner lots, flag lots, interior lots, non-buildable lots, through lots and zoning lots as follows.

      (1)   CORNER LOT. A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a CORNER LOT if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle not exceeding 135 degrees.

      (2)   FLAG LOT. A lot which abuts a deeded or accepted public right-of-way via a narrow strip of land which connects that portion of the lot containing the required lot width. A minimum width for one lot is 20 feet or ten feet for two contiguous lots, to the public right-of-way.

      (3)   INTERIOR LOT. A lot with only one frontage on a street.

      (4)   IRREGULAR LOT. Irregular lots include corner lots, double frontage lots, flag lots and lots that have irregular shapes and sizes because of topography or vegetation but which conform to the minimum requirements of the zoning ordinance and subdivision regulations.

      (5)   NON-BUILDABLE LOT. A lot which cannot be built upon due to its inability to comply with the minimum zoning requirements.

      (6)   REVERSED FRONTAGE LOT. A lot on which frontage is at a right angles to be the general pattern in the area. A REVERSED FRONTAGE LOT may also be a corner lot.

      (7)   THROUGH LOT. A lot other than a corner lot with frontage on more than one street. THROUGH LOTS abutting two streets may be referred to as “double frontage lots”.

      (8)   ZONING LOT. A single tract of land located within a single block, which (at the time of filing for a building permit) is designated by its owner or developers as a tract to be used, developed or built upon as a unit, under single ownership or control. Therefore, a ZONING LOT OR LOTS may or may not coincide with a lot of record.

   LOT WIDTH. The width of the lot as measured along the building front setback line.

   MANUFACTURED HOME. A manufactured home constructed after 6-15-1976 in accordance with the National Manufactured Home Construction and Safety Standards Act of 1974, U.S.C. §§ 5401 et seq., as amended, and designed to be used as a single-family dwelling with or without a permanent foundation when connected to the required utilities, and which includes the plumbing, heating, air conditioning and electrical systems contained therein. See also MOBILE HOME.

   MANUFACTURED HOME, CLASS A. A manufactured home that was manufactured on or after 7-15-2002 and meets all of the following criteria:

      (1)   Has a width of at least 20 feet at its smallest width measurement or is two stories in height and oriented on the lot or parcel so that its main entrance door faces the street;

      (2)   Has a minimum total living area of at least 900 square feet;

      (3)   The pitch of the home’s roof has a minimum vertical rise of one foot for each four feet of horizontal run, and the roof is finished with a type of shingle that is commonly used in standard residential construction;

      (4)   The exterior siding consists of wood, hardboard or aluminum 7m (vinyl covered or painted, but in no case exceeding the reflectivity of gloss white paint) comparable in composition and appearance, and durability to the exterior siding commonly used in standard residential construction;

      (5)   A continuous permanent foundation, solid except for required ventilation and access, is installed under the home in compliance with KRS 227.570. A “permanent foundation” means a system of support that is:

         (a)   Capable of transferring, without failure, into soil or bedrock, the maximum design load imposed by or upon the structure;

         (b)   Constructed of concrete; and

         (c)   Placed at a depth below grade adequate to prevent frost damage.

      (6)   The tongue, axles, transporting lights and removable towing apparatus are removed after placement on the lot and before occupancy.

   MANUFACTURED HOME, CLASS B. A mobile home constructed after 6-15-1976, in accordance with the National Manufactured Home Construction and Safety Standards Act of 1974, U.S.C. §§ 5401 et seq., as amended, but that does not satisfy the criteria necessary to qualify the house as a Class A manufactured home.

   MANUFACTURED HOME, CLASS C. A mobile home, constructed prior to 6-15-1976, that does not meet the definitional criteria of a Class A or Class B manufactured home including any dilapidated unit.

   MARIJUANA. All parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin or any compound, mixture or preparation that contains any quantity of these substances. The term MARIJUANA does not include:

      (1)   Industrial hemp that is in the possession, custody or control of a person who holds a license issued by the Department of Agriculture permitting that person to cultivate, handle or process industrial hemp;

      (2)   Industrial hemp products that do not include any living plants, viable seeds, leaf materials or floral materials;

      (3)   The substance cannabidiol, when transferred, dispensed or administered pursuant to the written order of a physician practicing at a hospital or associated clinic affiliated with a state public university having a college or school of medicine;

      (4)   For persons participating in a clinical trial or in an expanded access program, a drug or substance approved for the use of those participants by the United States Food and Drug Administration;

      (5)   A cannabidiol product derived from industrial hemp, as defined in KRS 260.850; or

      (6)   A cannabidiol product approved as a prescription medication by the United States Food and Drug Administration.

   MAYOR. The chief elected officer of the City of Alexandria with legislative power, whether the official designation of his or her office is “mayor” or otherwise.

   MEDICINAL MARIJUANA DISPENSARY. An entity licensed as such under KRS Chapter 218B.

   MEZZANINE. An intermediate or fractional story between the floor and ceiling of a main story, used for a purpose accessory to the principal use. A MEZZANINE is usually just above the ground floor and extending over only part of the main floor.

   MINIMUM BUILDING SETBACK LINE. A line parallel to the front, side and/or rear lot line and set back from the lot line a sufficient distance as specified in this ordinance, to provide the required minimum yard space.

   MINIMUM FRONT YARD DEPTH. The minimum distance required by this ordinance to be maintained within the lot between a line parallel to the front lot line, as defined herein, and the front lot line.

   MINIMUM REAR YARD DEPTH. The minimum distance required by this ordinance to be maintained within the lot between a line parallel to the rear lot line, as defined herein, and the rear lot line.

   MINIMUM SIDE YARD WIDTH. The minimum distance required by this ordinance to be maintained within the lot between a line parallel to the side lot line, as defined herein, and the side lot line.

   MINI-WAREHOUSE. A facility which provides self-storage units of varying sizes only within one or more completely enclosed buildings.

   MOBILE HOME. A dwelling unit, designed and used for the fixed residence of a person, family or a household, composed of one or more components substantially assembled in a manufacturing plant and designed to be transported to the building site on its own chassis for placement on a supporting structure. A MOBILE HOME or MANUFACTURED HOME is not constructed in accordance with the standards established in the state and local building codes that are applicable to site-built homes. The removal of wheels and/or the attachment to a permanent foundation shall not change its classification. MOBILE HOMES do not include modular homes, dwelling units with automotive capabilities or recreational vehicles.

   MOBILE HOME OR TRAVEL TRAILER SALES. The sale or leasing of new and used mobile homes, manufactured homes, modular homes and travel trailers displayed, stored and sold or leased on site excluding repair work, except minor incidental repair.

   MOBILE HOME PARK. Any lot, parcel or premises, subdivided, designed, maintained, intended or used for the purpose of supplying a location, or accommodation for mobile homes; or any lot parcel or premises on which is parked, standing or located two or more mobile homes for a longer period than 24 hours; or one or more mobile homes connected to either electrical lines, or water or sewer pipes; or any mobile home being utilized on the premises on which it is located. For the purpose of this ordinance, any lot or premises used for the wholesale or retail sale of mobile homes shall not be included within this definition.

   MODEL HOME. A residential structure or series of structures built with the purpose of displaying the craftsmanship of the builder/developer of that unit. The unit primarily serves as a marketing tool to sell future, similar units on other lots.

   MODULAR HOUSING. A dwelling unit, constructed in accordance with the standards set forth in the Kentucky Residential Code, composed of two or more components substantially assembled in a manufacturing plant off-site and designed so that sections are interchangeable and transported to a building site by truck for final assemble on a permanent foundation. A MODULAR HOME must be constructed in accordance with the standards established in the state and local building codes that are applicable to site-built homes (homes constructed on-site, not assembled from a substantial number of manufactured components produced off-site). For the purposes of this ordinance, this definition shall not include mobile homes or manufactured homes.

   MOTEL. An establishment providing sleeping accommodations with a majority of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.

   MULTI-MODAL TRANSPORTATION. Facilities, or a system of facilities, that accommodates more than one mode of transportation, such as motor vehicles, bicycles, pedestrians, buses, light rail and the like. Such facilities may include, but are not limited to, car-pooling lots, bus stops, transit stations, bikeways or lanes, bike racks, pedestrian paths and the like.

   NATIONAL STANDARDS. An acknowledged basis for comparing or measuring criterion of, relating to or belonging to the nation as a whole.

   NON-CONFORMING LOT. A lot which was lawfully created, but which does not conform to the minimum area or dimensional requirements specified for the zone in which it is located.

   NON-CONFORMING 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 regulation, 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.

(KRS 100.111(13))

   NURSERY. Any building or lot, or portion thereof, used for the cultivation or growing of plants and including all accessory buildings, but does not include the wholesale or retail sale of any items other than those incidental to the items raised or grown on said premises.

   NURSING HOME. A facility, institution or portion thereof which provides services, on a regular basis, including personal care and health related care for 24 or more consecutive hours to two or more individuals who require such services and care but who are not related to the governing authority or its members by marriage, blood or adoption. It does not include residential care facilities.

   OCTAVE BAND. A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.

   OCTAVE BAND ANALYZER. An electrical frequency analyzer designed according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals.

   ODOROUS MATTER. Any matter or material that yields an odor which is offensive in any way to a person with reasonable sensitivity.

   OFFICE PARK. A defined geographic area planned and coordinated for the development of various office/business uses and associated activities. An OFFICE PARK is designed, constructed and managed on an integrated basis with particular attention given to vehicular circulation, parking utilities, storm water management, building design, signage and landscaping.

   OPEN SPACE. A parcel of land or an area designated for recreation, resource protection and/or buffering purposes. OPEN SPACE may include, but is not limited to, lawns, decorative plantings, walkways, trails, playgrounds, fountains, swimming pools, woods, natural drainage features and any other passive or active recreational facilities that the Planning Commission deems appropriate. OPEN SPACE shall be substantially free of structures, or may contain such improvements as are approved as a part of the general development plan and are appropriate for the residents. OPEN SPACE is not defined as existing or future road rights-of-way, streets, driveways, parking areas or buildings.

   OVERBURDEN. Any soil above bedrock.

   OWNER. The person, persons or other entity having legal title to particular real estate, or such other person, persons, or entity acting on behalf of and with the written permission and authority of the legal title holder, such as the holder of an option or contract to purchase the real estate or a lessee. In the context of this order, OWNER means the person, persons or entity bearing responsibility for a development review application or proposal, and the term OWNER may be used interchangeably with terms such as applicant, developer, owner by option and the like.

   PARKING AREA, OFF-STREET. An open, surface area other than the right-of-way of a street, road, highway, alley or place, used for temporary parking of self-propelled motor vehicles and available for public use either free, for compensation or as an accommodation for clients or customers.

   PARKING BUILDING OR GARAGE. A building or portion thereof designed, intended and used exclusively for the temporary parking of self-propelled motor vehicles and may be publicly or privately owned and\or operated and may be for renumeration, free or privately utilized.

   PARKING SPACE. A surface area, enclosed in the main building or in an accessory building or in an unenclosed lot permanently reserved for the temporary parking of one operative automobile. Said SPACE shall be connected with a deeded and accepted public right-of-way by a surfaced driveway which affords ingress and egress for vehicles.

   PARTICULATE MATTER. Any material, except uncombined water, which exists in a finely divided, suspended form as a liquid or solid at standard conditions.

   PARTY WALL. A wall erected on a line between two adjoining property owners and used in common. This can be an interior or exterior wall.

   PAWN SHOP. An establishment in which individuals borrow money from a person licensed to loan money at a legally specified rate of interest. The lender accepts personal property as collateral to secure the loan. PAWN SHOPS are not a permissible use under the definition of “financial institution”.

   PERFORMANCE BOND or SECURITY BOND. An agreement by a subdivider or developer with the City of Alexandria or Campbell County for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider’s or developer’s agreement.

   PERFORMANCE STANDARDS. Criteria established to control building enclosure, landscaping, noise, odorous matter, exterior lighting, vibration, smoke, particulate matter, gasses, radiation, storage, fire and explosive hazards, and humidity, heat or glare generated by, or inherent in, uses of land or buildings.

   PERSON. A corporation, firm, partnership, association, organization or any other group acting as a unit, as well as a natural person.

   PERSON WITH A DISABILITY. A person with a physical, emotional or mental disability including, but not limited to, mental retardation, cerebral palsy, epilepsy, autism, deafness or hard of hearing, sight impairments, and orthopedic impairments, but not including convicted felons or misdemeanants on probation or parole or receiving supervision or rehabilitation services as a result of their prior conviction, or mentally ill persons who have pled guilty but mentally ill to a crime or not guilty by reason of insanity to a crime. PERSON WITH A DISABILITY does not include persons with a current, illegal use of or addiction to alcohol or any controlled substance as regulated under KRS Chapter 218A.

(KRS 10.982(1))

   PERSONAL CARE FACILITY. Establishments with permanent facilities including resident beds and which provide personal care. “Personal care” means services to help residents to achieve and maintain good personal hygiene including, but not limited to, assistance with bathing, shaving, cleaning and trimming of fingernails and toenails, cleaning of the mouth and teeth, washing, grooming and cutting of hair. Services provided include continuous supervision of residents, basic health and health-related services, personal care services, residential care services and social and recreational activities.

   PHYSICAL THERAPY AND OCCUPATIONAL THERAPY AND REHABILITATION THERAPY. The provision of services to help patients develop, maintain and restore maximum movement and functional ability throughout their lives. These services include physical, occupational and speech therapies. OUTPATIENT PHYSICAL THERAPY AND OCCUPATIONAL THERAPY AND REHABILITATION THERAPY FACILITIES provide these services to patients who are able to travel or be transported to and from the treatment area. These facilities may be free standing, housed within or part of a continuing care retirement community, a commercial or business complex or found in hospitals, nursing facilities or rehabilitation facilities.

   PLANNED UNIT DEVELOPMENT (PUD). A large scale, unified development or an ordered series of developments where a mixture of land uses and clustering of residential uses of varying types and densities are permitted in return for innovative design, preservation of natural site features and provision of common areas, active/passive recreational opportunities, or open space. Flexible regulations allow a property owner or developer to creatively address architectural design, location of structures, integration of differing land uses, access management, interior vehicular and pedestrian access, storm water management, landscaping, signage and the preservation of natural topography, drainage and vegetation.

   PLANNING COMMISSION, COMMISSION or PLANNING AND ZONING COMMISSION. The Planning and Zoning Commission of the City of Alexandria, Campbell County, Commonwealth of Kentucky, is responsible for evaluating proposed land use changes and their conformance with any applicable plans or regulations, for preparation and adoption of the comprehensive plan, for preparation and adoption of the subdivision regulations and for preparation and recommendation to the City Council of the statement of goals and objectives of the comprehensive plan and of any change to the map or text of the official zoning ordinance of the City of Alexandria.

   PLANNING OPERATIONS. The formulation of plans for the physical development and social and economic well-being of a planning-unit, and the formulating of proposals for means of implementing the plans.

(KRS 100.111(14))

   PLANNING UNIT. Any city or county, or any combination of cities, counties or parts of counties engaged in planning operations.

(KRS 100.111(15))

   PLAT. The map of a subdivision.

(KRS 100.111(16))

   POLITICAL SUBDIVISION. Any city or county, or consolidated local government.

(KRS 100.111(17))

   PRINCIPAL USE OR STRUCTURE. The principal use or structure located on a lot, as distinguished from an accessory use. The PRINCIPAL USE OR STRUCTURE is the predominant purpose for which a lot is occupied or used.

   PROFESSIONAL OFFICE. Any building or structure, the use of which is limited to providing professional services such as those provided by doctors, lawyers, accountants, architects, engineers, photographers and similar professions.

   PUBLIC BUILDING. Any building open to general use, participation or enjoyment of the public of operated for the public’s benefit and owned and/or operated by a city, county, state or federal government or by a public utility corporation or municipal district or authority.

   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.

(KRS 100.111(19))

   PUBLIC WAY. A publicly dedicated area in which a public entity of the general public have the legal right of passage regardless of improvements to the dedicated area. PUBLIC WAYS include, but are not limited to, an alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right-of-way, road, sidewalk, street, subway, tunnel viaduct, walking and bicycle path.

   RECREATION, COMMERCIAL. Recreation facilities open to the general public for a fee or restricted to members when operated for profit as a business.

   RECREATION, PRIVATE, NON-COMMERCIAL. Clubs or recreation facilities, operated by a non-profit organization and open to bona fide members of such non-profit organization and their guests.

   RECREATIONAL VEHICLE.

      (1)   (a)   BOATS and BOAT TRAILERS. Boats and boat trailers, including boats, floats, rafts, plus the normal equipment to transport the same on the highway.

         (b)   FOLD-OUT TENT TRAILERS. A canvas or other collapsible folding structure, mounted on wheels and designed/or travel, recreation or vacation use.

         (c)   MOTORIZED HOME. A motorized home, which is a portable dwelling designed and constructed as an integral part of a self-mounted vehicle on wheels and designed for travel and vacation use.

         (d)   PICK-UP CAMPER. A pick-up camper, which is a structure designed primarily to be mounted on a pick-up chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.

         (e)   TRAVEL TRAILER. A travel trailer, which is a vehicular, portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified “travel trailer” by the manufacturer;

         (f)   UTILITY TRAILERS. Any trailer or semi-trailer designed for use with and towed behind a passenger motor vehicle; and

         (g)   Any combination of the above.

      (2)   Any coach, cabin, house trailer, house car or other vehicle or structure intended for, designed for, and used for temporary human habitation or sleeping purposes, mounted upon wheels or supports or supported and/or capable of being moved by its own power or transported by another vehicle.

   RECYCLING CENTER. A completely enclosed facility that collects, sorts and processes for shipment to a recycling plant recoverable resources such as newspapers, glassware, plastics and aluminum cans.

   RECYCLING COLLECTION POINT. A neighborhood collection point for the temporary storage or recoverable resources. Does not include the processing of recoverable resources for shipment to a recycling plant.

   RECYCLING PLANT. A facility that is not a junkyard and in which recoverable resources are recycled, reprocessed and treated in order to return such materials to a condition in which they may be used in the production of additional goods.

   REFUSE. Combustible and non-combustible waste materials.

   RESIDENTIAL CARE FACILITY. A residence operated and maintained by a sponsoring private or governmental agency to provide services in a homelike setting for persons with disabilities. See KRS 10.982(1) and definitions for “person with a disability” and “services”. Per KRS 100.984, RESIDENTIAL CARE FACILITIES for persons with disabilities are permitted in any residential zone subject to the same limitations as any other residential building in such zone.

   RESIDENTIAL CONSERVATION DEVELOPMENT (RCD). A form of residential development or subdivision that permits a reduction in lot area and bulk requirements; provided that, there is no increase in the number of lots permitted under a conventional subdivision or increase in the overall density of development, with the remaining land area being devoted to open space, active recreation, preservation of environmentally sensitive areas or agriculture.

   RIGHT-OF-WAY. An area or 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, drainage facilities and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts and bridges.

   RIGHT-OF-WAY, RAILROAD. A strip of land within which the railroad tracks and auxiliary facilities for track operation are normally located, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops or car yards.

   ROADSIDE STAND. A temporary structure designed or used for the display or sale of agricultural and related products.

   RUNOFF. Water which moves over the ground surface.

   SAFETY COMPLIANCE FACILITY. An entity licensed as such under KRS Chapter 218B.

   SCHOOLS, BUSINESS. An institution or place for instruction or education, specifically in courses of bookkeeping, business administration, operation of business machines and computers, short- hand and typing and related courses, operated for an intended profit. For the purpose of this ordinance, BUSINESS COLLEGES shall be included in this definition.

   SCHOOLS, PAROCHIAL. An institution or a place for instruction or education belonging to and maintained by a religious organization.

   SCHOOLS, PRIVATE. An institution or a place for instruction or education belonging to and maintained by a private organization other than those types defined in this ordinance.

   SCHOOLS, PUBLIC. An institution or place for instruction or education belonging to the public and established and conducted under public authority in the various districts, counties or cities and maintained at the public expense by taxation, and open with or without charge to the public for their attendance. This does not include schools owned and/or conducted by private parties through said schools may be open to the public generally and though tuition may be free. Schools in the aforementioned category of PUBLIC SCHOOLS shall include all pre-school or kindergarten, elementary, junior high, high schools, alternative/vocational, junior colleges, colleges and universities, but no others.

   SCHOOLS, TRADE. An institution or place for instruction or education, specifically in one or more of the general trades such as: welding; carpentry; electrical; and the like.

   SCREENING AREA. An area set aside to remain vacant of buildings and to be planted and landscaped to reduce the blighting effect of certain land uses on adjacent property.

   SEDIMENT. Solid material, both mineral and organic, that is in suspension and is being transported or has been moved from its site of origin by wind, water, gravity, or ice and has come to rest on the earth’s surface above or below sea level.

   SEDIMENT BASIN. A barrier, dam or other suitable detention facility built across an area or water flow to settle and retain sediment carried by the runoff waters.

   SEDIMENT CONTROL PLAN. A plan of actions and regulations, acceptable to the Planning Commission or its designated representative, for controlling sediment pollution from accelerated erosion or from erosion caused by accelerated runoff from a development area.

   SEDIMENTATION. The sinking or earth materials (soil or mineral grains) to the bottom of the water which contains them; usually, an action resulting from erosion.

   SERVICE FACILITIES, PUBLIC UTILITIES. Service facilities include all facilities of public utilities operating under the jurisdiction of the Public Service Commission, except as specified in KRS 100.987, or the Department of Vehicle Registration, or Federal Regulatory Energy Commission, any municipally-owned electric system and common carriers by rail, other than office space, garage and warehouse space and include office space, garage space and warehouse space when such space is incidental to a service facility.

(KRS 100.324)

   SERVICE STATION. Any building, structure or land used for the dispensing, sale or offering for sale at retail, of any automobile fuels, oils or accessories and in connection with which is performed general automotive servicing other than body work and as distinguished from automotive repairs.

   SERVICES. In relation to residential care facilities and nursing homes, means, but is not limited to, supervision, shelter, protection, rehabilitation, personal development and attendant care.

(KRS 10.982(1))

   SEVERAL. Two or more.

(KRS 100.111(18))

   SEWERS, CENTRAL OR GROUP. A central sewage treatment facility for a single development, community or region with an accompanying collection network. Must be designed to properly provide for the safe treatment and disposal of the generated raw sewage. Subject to the approval by the appropriate health and sanitation officials.

   SEWERS, ON-SITE. A septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of raw sewage. Must be designed to properly provide for the safe disposal of the generated raw sewage. Subject to approval by the appropriate health and sanitation officials.

   SHOPPING CENTER. A group of retail and/or service establishments planned, developed and managed as a single site with common off street parking provided on the property.

   SIDEWALK. A portion of the road right-of-way outside the roadway, which is improved for pedestrian traffic.

   SIGHT DISTANCE. The length of roadway ahead visible to the driver. The minimum SIGHT DISTANCE available should be sufficiently long to enable a vehicle traveling at or near the design speed to stop before reaching a stationary object in its path.

   SIGN. See § 9.2 for definitions relating to signs.

   SILTATION. The process of soil removed by erosion being deposited and accumulated at another site on land or in a body of water.

   SITE PLAN. A plan prepared to scale showing accurately and with complete dimensions, the location of all proposed uses and all site development features for a specific site. A SITE PLAN addresses physical design, location of structures, access management, interior vehicular and pedestrian access, storm water management, landscaping, signage, provision of all required improvements and the interrelationship of the various site plan components. A SITE PLAN is typically reviewed and approved prior to the issuance of a permit for construction.

   SLOPE. An inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. SLOPE may also be expressed in percent, degrees, or both, from the horizontal.

   SMALL PRINTING ESTABLISHMENTS. Business facilities that are involved in the preparation and/or reproduction of material in a printed form. Such facilities are intended to be limited to activities serving the general public and not intended to include industrial-type printing establishments.

   SOUND LEVEL METER. An instrument standardized by the American Standards Association for measurement of intensity of sound.

   SPECIFIED ANATOMICAL AREAS.

      (1)   Less than completely and opaquely covered:

         (a)   Human genitals, pubic region;

         (b)   Buttock; and/or

         (c)   Female breast below a point immediately above the top of the areola.

      (2)   Human male genitals in a discernible turgid state, even if completely and opaquely covered.

   SPECIFIED SEXUAL ACTIVITIES.

      (1)   Acts of human masturbation, sexual intercourse or sodomy or any acts of bestiality;

      (2)   Fondling or other erotic touching of human genitals, pubic region, buttock or breast of either male or female; and

      (3)   Human genitals in a state of sexual stimulation or arousal.

   STABILITY. A state of slope equilibrium, identified through observation, measurement, analysis, and experience, which affords an acceptable margin of safety against immediate or long-term development of instability.

   STABLE, PRIVATE. A separate accessory building with a capacity for not more than one horse or one pony for each 6,000 square feet of lot area whereon such stable is located and where such horses or ponies are owned by the owners or occupants of the premises and not kept for compensation, hire or sale.

   STABLE, PUBLIC. A main building with a capacity for not more than one horse or one pony for each 6,000 square feet of lot area whereon such stable is located and where such horses or ponies are owned by the owners or occupants of the premises and are kept for compensation, hire or sale.

   STORY. The portion of a building included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between such floor and the ceiling immediately above. For purposes of this ordinance, a basement shall not be counted as a STORY, unless more than one-half of its height is above the average level of the adjoining grade.

   STORY, HALF. A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than three feet above the floor of such story.

   STREET. Any vehicular way.

(KRS 100.111(20))

   STREET, ARTERIAL. Public thoroughfare which serves the major movements of traffic within and through the community as identified in the adopted comprehensive plan for the city.

   STREET, COLLECTOR. A thoroughfare, whether within a residential, employment, commercial or other type of development, which carries traffic primarily from local to arterial streets, including the principal entrance and circulation routes within residential subdivisions.

   STREET, CUL-DE-SAC. A local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.

   STREET, EXPRESSWAY. A limited access multi-lane highway designed exclusively for unrestricted vehicular traffic having no private access with only interchanges at select arterial or major streets.

   STREET, FREEWAY. A limited access multi-lane highway designed exclusively for unrestricted vehicular traffic with all crossroads

   STREET, FRONTAGE ROAD (SERVICE OR ACCESS ROAD). A street adjacent to a freeway, expressway or arterial street separated there from by a dividing strip and providing access to abutting properties.

   STREET, LOCAL. A street designed to provide vehicular access to abutting property and to discourage through traffic.

   STREET, MAJOR. Any public thoroughfare classified as either an “arterial”, “freeway” or “expressway”.

   STREET, PRIVATE. A private thoroughfare, not dedicated to the city, which affords access to abutting property for private users of such property. For the purposes of density calculations, a PRIVATE STREET shall constitute the areas of its surface and sidewalks or the private right-of-way if designated on the recorded plat.

   STREET, PUBLIC. A public thoroughfare, constructed within the boundaries of an officially deeded or dedicated and accepted public right-of-way, which affords principal means of access to abutting property. For purposes of density calculations, a PUBLIC STREET shall constitute all of the area within the public right-of-way.

   STRUCTURE. Anything constructed or erected, the use of which requires more or less permanent location in or on the ground or attachment to something having a permanent location in or on the ground, including buildings, mobile homes, walls, signs, fences and billboards, but not including earthworks, ditches, canals, dams, reservoirs, pipelines, telephone or telegraph or electric power lines, driveways or curbs.

   SUBDIVISION. The division of a parcel of land into two 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; provided that, a division of land for agricultural use and not involving a new street shall not be deemed a SUBDIVISION. The term includes RESUBDIVISION and, when appropriate to the context, shall relate to the process of SUBDIVISION or the land subdivided; any division or redivision of land into parcels of less than one acre occurring within 12 months following a division of the same land shall be deemed a SUBDIVISION.

(KRS 100.111(22))

   SWALE. A low, flat depression, either dug or natural, for the purpose of drainage of storm water or irrigation with intermittent flow.

   SWIMMING POOL, OUTDOORS. Any structure or device of any kind that is intended for swimming purposes, including, but not limited to: any pool or tank of any material or type of construction; or any depression or excavation in any natural or constructed material; or any dike or berm of any material or type of construction; including all appurtenances to such structure or device and all appliances used in connection therewith; which structure or device is intended to cause, or would cause if completely filled, the retaining of water to a greater depth than 18 inches at any point. Any such structure or device shall be deemed to be included within the meaning of the term “structure”, as used in this ordinance. OUTDOOR SWIMMING POOLS shall be deemed to consist of the following classes: private; semi-public; public; and commercial; as follows.

      (1)   COMMERCIAL. A swimming pool operated for profit open to the public upon payment of an hourly, a daily, weekly, monthly, annual or other fee.

      (2)   PRIVATE. When consisting of any accessory structure appurtenant to a one-family or two-family dwelling and used only as such by persons residing on the same lot and their private guests (as distinguished from groups of any kind) with no payment of any kind or in any form charged or received for such use.

      (3)   PUBLIC. A swimming pool maintained and operated by a municipality or other unit of government for the general public, whether or not an admission fee is charged.

      (4)   SEMI-PUBLIC. When consisting of an accessory structure appurtenant to a multiple dwelling, hotel, motel, church, school or private club, or country club, and used only as such by persons who reside or are housed on the same lot or who are regular members of such church, club, country club or regular attendants at such school and by individual guests (as distinguished from groups of any kind) of the foregoing with no payment of any kind or in any form being charged or being received for such use.

   TAVERN. Any establishment selling, by the drink for consumption on the premises, fermented malt beverages or malt, vinous or spirituous liquors and non-alcoholic beverages.

   TENT. Any structure or enclosure, the roof of which and/or one-half or more of the sides constructed of silk, cotton canvas, fabric or a similar light material.

   TOE. The lowest point of a slope.

   TRAILER. Any vehicle or structure (including automobile trailer and trailer coach) constructed in such a manner as to permit occupancy thereof as sleeping quarters or the conduct of any business, trade or occupation, or use as a selling or advertising device or use for storage or conveyance for tools, equipment or machinery, and so designed that it is or may be mounted on wheels and used as a conveyance on highways and streets, propelled or drawn by its own or other motor power.

   TRAILER, TEMPORARY. A trailer located on a lot or tract of land for a period of not more than 30 days and for which a temporary zoning certificate and temporary occupancy permit has been secured.

   TRIPS. Generated trips referred to in this ordinance are one-way trip ends and not two-way round trips.

   UNIT. Planning unit.

(KRS 100.111(23))

   USE. The specific purpose for which a lot or structure is designated, arranged, intended or for which it is or may be occupied or maintained; also, any activity, occupation, business or operation carried on, or intended to be carried on, in a building, structure or on a tract of land.

   USE, PERMITTED. A use which may be lawfully established, if permitted, in a particular zone; provided, it conforms with all requirements of such zone.

   USE, PRINCIPAL. The main use of land or buildings as distinguished from a subordinate or accessory use.

   UTILITY BUILDING. A detached accessory building used for the purpose of storing equipment and materials and/or housing parts of electrical, plumbing and heating systems for the main building.

   VARIANCE. A departure from dimensional terms of the zoning regulation pertaining to the height, width, length or location of structures, and the size of yards and open spaces where such departure meets and requirements of KRS 100.241 to 100.247.

(KRS 100.111(24))

   VEHICULAR USE AREA (VUA). All outside paved areas within the perimeter of the site that serve as vehicular parking and circulation areas, loading/unloading areas, outside storage and outside display areas and ingress/egress lanes. VUAs are used to determine certain landscaping requirements as specified in this ordinance.

   VICINITY MAP. A drawing located on the plat which sets forth by dimensions or other means, the relationship of the proposed subdivision or use to other nearby developments or landmarks and community facilities and service within the general area in order to better locate and orient the area in question.

   WALL. A boundary enclosure or separating barrier which is usually opaque.

   WAREHOUSE. Any building or structure which use is limited to the storage of equipment or material.

   WEEDS. All grasses and uncultivated vegetation above ten inches in height, excluding wooded areas, pasture or trees, shrubs, cultivated flowers and gardens specifically provided to enhance the landscaping of a property.

   WHOLESALE ESTABLISHMENT. An establishment that engages in the sale of goods, merchandise and commodities for resale by the purchaser.

   WORK AREA. A specifically indicated area of land on which earthwork operations are under permit; may be a portion of a site or the entire site, depending on the topography.

   YARD. A required open space unoccupied an unobstructed by any structure or portion of a structure from the final grade upward; provided accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.

      (1)   FRONT YARD. An area extending the full width of the lot or building site measured between a line parallel to the street right-of-way line intersecting the foremost point of any building, excluding steps and unenclosed porches and the front lot line, as defined herein.

      (2)   REAR YARD. An area extending across the full width of the lot and measured between a line parallel to the rear lot line, as defined herein, which intersects the rearmost point of any building excluding steps and unenclosed porches and the rear lot line.

      (3)   SIDE YARD. An area between any building and the side lot line, as defined herein, extending from the front to the rear yard or on through lots or building sites from one front lot line to the other front lot line.

   ZONING DISTRICT. A mapped area to which different land use controls are imposed. These controls specify the allowed uses of land and buildings, the intensity or density of such uses and the maximum height and minimum setbacks for any proposed structure within the City of Alexandria. The words DISTRICT and ZONE shall also be synonymous with ZONING DISTRICT.

   ZONING ADMINISTRATOR. The individual appointed by the City of Alexandria or by a firm, organization, agency or company contracting with the city to provide zoning administration services, to administer and enforce the provisions of the zoning regulations.

   ZONING ENFORCEMENT OFFICER. An individual appointed and/or designated by the city’s Planning Commission, or by an agency, firm, organization or company contracted by the Planning Commission to provide zoning enforcement services, to issue citations for violations of the zoning regulations and the subdivision regulations pursuant to KRS 100.991(4) and (5).

   ZONING MAP AMENDMENT. A change to the existing zoning district boundaries.

   ZONING PERMIT. A permit issued by the Planning Commission or its designee authorizing the permitted use or lot and/or a structure and its accompanying characteristics.

   ZONING REGULATIONS. The minimum land use requirements for each zoning district, adopted for the promotion of the public health, safety, morals and general welfare. Whenever the requirements of these regulations conflict with the requirement of any other lawfully adopted rules, regulations, ordinances, orders or resolutions, the most restrictive, or that imposing the higher standards shall govern.