For the purpose of this ordinance and in order to carry out the provisions and intentions as set forth therein, certain words, terms, and phrases are to be used in the present tense and shall include the future tenses, the word person includes a firm, partnership, or corporation as well as an individual; the word lot includes the plot or parcel; the terms shall and will are always mandatory and not directory; and the word may is permissive.

1.

Accessory structure or use: Any structure or use, other than the principal structure or use, directly incident to, or required for the enjoyment of the permitted use of any premises; also as designated under the zoning district regulation.

2.

Administrative official: Any department, employee, or advisory, elected, or appointed person which is authorized to administer any provision of the zoning regulations or subdivision regulations and if delegated, any provision of any housing or building regulation or any other land control regulation.

3.

Agricultural property: Any parcel of property of five (5) or more contiguous acres which is classified and taxed as agricultural property by the Greenup County Property Valuation Administrator.

4.

Agricultural use: The use of a tract of land of at least five (5) contiguous acres for the production of agricultural or horticultural crops, including, but not limited to livestock, livestock products, fish, poultry, poultry grain, hay, pastures, soybeans, tobacco, timber, orchard fruits, vegetables, flowers or ornamental plants, including provisions for person 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.

5.

Alley: A narrow way (less than fifteen (15) feet wide) which primarily functions to grant access to the back or sides of lots and/or buildings.

6.

Alterations: Any change or addition to the supporting members or foundation of a structure.

7.

Basement apartment unit: An accessory living unit located in the basement of a single-family structure.

8.

Billboard: Any sign, notice or advertisement, pictorial or otherwise, used as an outdoor display for the purpose of making anything known, the origin or place of sale of which is not on the lot of sale or display. Billboards may also be known as off-premise signs and treated as such.

9.

Board: Means the board of adjustment for the City of Flatwoods unless the context indicates otherwise.

10.

Boarding, lodging and group homes: A building where, for compensation and by prearrangement for a definite period, meals and lodging or both are provided for less than six (6) persons, not including members of the keeper's immediate family or staff.

11.

Buffer zone: Earthen berms, fences, hedges, walls and/or a wide band of shrubbery and trees required along the property lines of a non-residential development that adjoins a residential district. All buffer walls shall be constructed to protect residential land uses from commercial land uses and will incorporate the use of shrubs, trees and other vegetation on the residential side of the buffer as deemed necessary by the planning commission. The goal of the buffer zone is to decrease the visibility through by at least seventy (70) percent during the growing season. The buffer zone shall be maintained by the developer, or assigns to the satisfaction of the City of Flatwoods Code Enforcement Officer.

12.

Building: Any structure enclosed and isolated by exterior walls constructed or used for residence, business, industry or other public or private purpose, or accessory thereto, to include tents and swimming pools.

13.

Building line: A line across a lot establishing the minimum open space to be provided between the principal building and the property line. This line may be established by a regulation within this ordinance or by a separate private covenant.

14.

Building line front: A line drawn across a lot, as close to parallel to the street frontage as possible, which designates the minimum spacing between all buildings and property lines adjacent to streets (clear area).

15.

Certificate of occupancy: Permit provided by administrative official stating that the building or proposed use of a building or premises, complies with all health, housing or building regulations of the Commonwealth of Kentucky, County of Greenup and City of Flatwoods.

16.

Child care/day care center: A facility providing direct care and protection of five (5) or more infants, preschool and school age children outside of their own homes during a portion of a twenty-four (24) hour day.

17.

Church: A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, and is maintained and controlled by a religious body organized to sustain public worship. This does not include an undertaker's chapel.

18.

Citizen member: Any member of the Flatwoods Board of Adjustment or the Greenup County Joint Planning Commission who is not elected or an appointed official or employee of the city or the county.

19.

City: The City of Flatwoods, Kentucky.

20.

Clinic, dental or medical: A building in which a group of dentists or physicians and allied professional assistants are associated for the purpose of carrying on their profession. The facility may include a dental or medical laboratory as well as out-patient care and/or operating suites for same-day surgery procedures.

21.

Club or lodge: An association of persons for the promotion of some non-profit common object, such as literature, science, politics, good fellowship and other community goals.

22.

Commercial floor area: Floor area of buildings which is devoted to the display and storage of merchandise, the performance of consumer services, and the area housing heating/cooling units for the building.

23.

Commercial use: The use of any land, building or structure involved in the display, sale or storage of merchandise, or is involved in the performance of consumer, business or personal services, or in the accommodation and circulation of customers.

24.

Commission: The Greenup County Joint Planning Commission.

25.

Concealed light source: An artificial light intended to illuminate the face of a sign, which light is shielded from public view and from adjoining lots.

26.

Conditional use: A use that is essential to or would promote the public health, safety or welfare in one (1) or more zones, but which would impair the integrity and character of the zone in which it is located, or in adjoining zones, unless restrictions on location, size, extent, and character of performance are imposed in addition to those imposed in the zoning ordinance.

27.

Conditional use permit: Legal authorization to undertake a conditional use, issued by the board of adjustment, consisting of two (2) parts:

A.

A statement of factual determination by the board of adjustment which justified the issuance of the permit, and

B.

A statement of the specific conditions, which must be met in order for the use to be permitted.

28.

Consumer services: Sale of any service to individual customers for their own personal benefit, enjoyment, or convenience, and for fulfilment of their own personal needs. For example, consumer services include services such as cleaning and barbering, the provision of lodging, entertainment, specialized instruction, financial services, automobile storage, transportation, and similar services.

29.

Council: The Flatwoods City Council.

30.

Development: Any consideration, reconstruction, modification, extension or expansion of buildings or structures, parking areas, placement of fill, dumping, storage of materials, land excavation, land cleaning or any combination thereof.

31.

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, street layout, ways, parking facilities, signs, drainage of surface water, access points, a plan for screening or buffering , if necessary, utilities, existing manmade and natural conditions agreed to by the applicant,

32.

Dimensional variance: Departure from the dimensional terms of the zoning ordinance pertaining to height, width, length, or location of structures and size of yards and open spaces where such departure will not be contrary to the public interest, and owing to shape or topography and not to actions of the applicant, the literary enforce of the zoning ordinance would result in unnecessary and undue hardship.

33.

Dwelling unit: A dwelling is a building including manufactured housing, providing shelter, sanitation, and the amenities for permanent habitation. It does not include mobile homes, temporary lodging or sleeping rooms. A dwelling unit means the dwelling accommodations designed for one (1) individual family unit maintaining separate and independent housekeeping.

34.

Dwelling unit, attached: A dwelling in which one (1) or more of the exterior walls are party/common walls. Not to include mobile homes.

35.

Dwelling unit, detached: A dwelling unit in which one (1) of the exterior walls are attached to the exterior walls of another principal structure. Not to include mobile homes.

36.

Dwelling units, multi-family: A building, or portion thereof, designed for, or occupied by, three (3) or more families living independently of each other.

37.

Easement: A grant by a property owner to the general public and/or other specified persons for a specific use of a designated land area.

38.

Easement, access: A private way, which is reserved by vehicular and/or pedestrian access to abutting property and the size and location of which are public record.

39.

Enforcement officer: See "administrative official."

40.

Engineer: A professional engineer registered by the Commonwealth of Kentucky through the Board of Registration of Professional Engineers and Land Surveyors.

41.

Erosion: The process by which the ground surface is worn away by the action of wind and/or water.

42.

Fabrication: Manufacturing, excluding the refining or other initial processing of basic raw materials such as metal ores, lumber or rubber. Fabrication relates to stamping, cutting, packaging or otherwise turning the processed materials into useful and/or saleable products.

43.

Family, single: One (1) or more persons occupying a premise and living as a single non-profit housekeeping unit. Single families may consist of the following:

A.

Any number of persons immediately related by blood, marriage or adoption.

B.

Five (5) or fewer persons not necessarily related by blood, marriage or adoption. Plus in each of these cases domestic servants employed for service on the premises shall be allowed. However, shall not include a boarding and rooming house, club, lodge, fraternity or sorority house.

44.

Fence: Any construction of wood, metal, wire, masonry, or other material, created for the purpose of assuring privacy, protection, compatibility, enclosure or for aesthetic reasons, but excluding shrubbery and plantings.

45.

Fill: Any material which is used to alter the contours of the original land surface. Fine Art Objects: Individual art pieces not mass produced consisting of one (1) or more of the following: paintings, drawings, etchings, sculptures, ceramics, inlays, needlework, knitting, weaving, and/or craftworks, leather, wood, metal, glass or photography.

46.

Flat sign: See "wall sign."

47.

Flashing sign: Any sign having a conspicuous and/or intermittent variation the illumination of the sign.

48.

Front property line: That boundary line of a lot or tract which abuts upon the boundary of a street or highway right-of-way to which there is existing or the possibility of future access.

49.

Garage, private: A detached accessory building or portion of a main building, used for the storage of self-propelled vehicles, or other chattels where the capacity does not exceed four (4) vehicles, or not more than one (1) per family housed in the building to which such garage is accessory, whichever is the greater, and not more than one-third (⅓) the total number of vehicles stored in such garage shall be commercial vehicles.

50.

Garage, public: Any building or premises, except those used as a private or storage garage, used for equipping, repairing, hiring, selling or storing motor driven vehicles.

51.

Gross floor area: The sum of the gross horizontal areas of the several floors of a building, including interior balconies and mezzanines. All horizontal dimensions are to be made between the exterior faces of walls, including the walls of roofed porches having more than one (1) wall. The floor area of a building shall include the floor area of accessory buildings, on the same lot, measured the same way. May be referred to as the gross leasable floor area.

52.

Ground sign: Any sign which is supported or attached directly to the ground by more than one (1) member or pole.

53.

Height of structure: The vertical distance measured from the average finished grade at any point where an exterior wall meets the ground to the highest point of the structure.

54.

Home occupation: Any use conduced entirely within a dwelling by the occupant of the dwelling; and use is clearly incidental to the use of the dwelling for residential purposes. See Article IX for standards.

55.

Hospital: An institution providing health services, primarily for in-patients, and medical or surgical care of the sick of injured, including as an integral part of the institution, such related facilities ad laboratories, outpatient departments, training facilities, central service facilities and staff offices.

56.

Housing or building regulation: Is the Kentucky Building Code, the Kentucky Plumbing Code and any other building or structural code promulgated by the Commonwealth, the County of Greenup or the City of Flatwoods.

57.

Illuminated sign: Any sign designed to emit or reflect artificial light from any source fixed or incidental.

58.

Industrial use: Any use which is primarily involved in the manufacture, storage, transporting, assembly, processing, packaging, disassembly, or fabrication of any product, raw materials or salvage materials. Transportation, warehousing, and wholesaling firms which are primarily serviced by truck (other than pickup trucks) traffic shall also be defined as industrial uses.

59.

Industrial, heavy: Industries whose processing of products result in the emission of any atmospheric pollutants, light flashes or glare, odors, noise or vibration which may be heard or felt off the premises, and those industries which constitute a fire or explosion hazard.

60.

Industry, light: Those industries who's processing of products result in none of the above conditions.

61.

Junk yard: A lot or part thereof where waste, discarded or salvaged materials are brought, sold, exchanged baled, packed, disassembled or handled, including but not limited to automobile or house wrecking yards, automobile salvage yards, used lumber yards, and places or yards for storage of salvaged materials and equipment; but not including such places as recycling operations which are conducted entirely within a completely enclosed building, and not including pawnshops and lots for the sale of used automobiles in operable condition, or salvaged materials incidental to manufacturing operations conducted on the same lot. For purposes of this ordinance two (2) or more permanently disable vehicles constitutes a junk yard. A permanently disable vehicle is defined as a vehicle that is no operable and is not presently under reconstruction.

62.

Legislative body: The chief body of the city with legislative power, whether it is the board of aldermen, general council, the common council, the city council, the board of commissioners, or otherwise; at times it also implies the county's fiscal court.

63.

Land disturbance activity: Any activity involving the clearing, grading, transporting, filling, and any other activity which causes land to be exposed to erosion.

64.

Lot: A parcel of land under one (1) ownership of at least sufficient size to meet the minimum requirements for width, depth, and area.

For the purpose of this ordinance a lot may include:

A.

A single lot of record.

B.

A portion of a lot of record.

C.

A combination of complete lots of record and portions of lots of record.

D.

A parcel of land described by metes and bounds.

65.

Lot area: The computed area contained within the lot lines.

66.

Lot depth: The mean horizontal distance between the front and rear lot lines.

67.

Lot, single frontage: A lot or tract of land which has one (1) property line adjacent to a street right-of-way to which there is existing or the possibility of future access.

68.

Lot, double frontage: A lot or tract of land which has two (2) property lines adjacent to a street right-of-way to which there is existing or the possibility of future access.

69.

Lot, triple frontage: A lot or tract of land which has three (3) property lines adjacent to a street right-of-way to which there is existing or the possibility of future access.

70.

Lot, quadruple frontage: A lot or tract of land which has all property lines adjacent to street right-of-way which there is existing or the possibility of future access.

71.

Lot, reverse frontage: A lot or tract of land which has one (1) or more property lines adjacent to a street right-of-way but where there is no existing nor any possibility of future access. Said access may be limited by topography; state, federal and/or adjacent to the right-of-way to which there is no access shall be defined as having reverse frontage.

72.

Lot frontage: See "front property line."

73.

Lot lines: The lines bounding the outer area of a lot as defined herein.

74.

Lot of record: Any lot which has been recorded in the office of the county clerk or any lot illustrated on an active preliminary plat as of the effective date of this ordinance which does not have to meet lot area nor lot width standards.

75.

Lot width: The distance generally parallel to the front lot line, measured between side lot lines at the front building line.

76.

Manufactured home: (See also "qualified manufactured home"). Any unit that has an approved Class "A" or "B" Seal from the Kentucky Department of Housing and Building Construction. A single-family residential dwelling constructed after June 15, 1976 in accordance with the National Manufactured Home Construction and Safety Act of 1974, 42 U.S.C. Section 5401, et seq., as amended, and designed to be used as a single-family residential dwelling with or without permanent foundation when connected to the required utilities, and which includes the plumbing, heating, air conditioning and electrical systems contained therein. A travel trailer nor a trailer shall be classified as a manufactured or mobile home.

77.

Manufactured or mobile home park: A tract of land containing two (2) or more manufactured or mobile homes on one (1) lot or tract of land, containing a minimum of ten (10) acres.

78.

Manufactured or mobile home subdivision: A subdivision designed and intended for residential use where residence is in manufactured or mobile homes exclusively, with a minimum of two (2) homes, and each being located on a separate and individual deeded lot. (Article II, C.1. of Flatwoods Subdivision Regulations)

79.

Modular or sectional home: Homes which are substantially manufactured off from the site and then transported to the site in two (2) or more sections require assembly, are placed on permanent foundations, and designed for permanence and utilize architecture and building designs found in other single family dwelling units.

80.

Manufacturing: The processing and converting of raw, unfinished or finished materials or products, or any of these, into an article or substance of a different character, or for use for a different purpose.

81.

Mayor: The chief elected official of the city whether the official designation of his office is mayor or otherwise.

82.

Nonconforming structure or use: An activity or a building, sign, structure or portion thereof which does not conform with all applicable provisions of this zoning regulation, but which existed before its designation as non-conforming by the adoption or amendment of this regulation.

83.

Parking space, off-street: For the purposes of this ordinance, an off-street parking space shall consist of a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room. Required off-street parking areas for three (3) or more automobiles shall have individual spaces marked, and shall be so designed, maintained, and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk, or alley, and so that any automobile may be parked and unparked without moving another.

For purposes of rough computation, an off-street parking space and necessary access and maneuvering room may be estimated at two hundred fifty (250) square feet, but off-street parking requirements will be considered to be met only when actual spaces meeting the requirements above are provided and maintained, improved in a manner appropriate to the circumstances of the case, and in accordance with all ordinances and regulations of the City of Flatwoods.

84.

Permitted structure: A structure meeting all the requirements established by this ordinance for the district in which the structure is located.

85.

Permitted use: Any use listed as a permitted use, a conditional permitted use, a use by temporary permit, a home occupation or an accessory use in any given district.

86.

Planned unit development: A complex of structures and uses planned as an integral unit of development rather than as single structures on single lots.

87.

Planned operations: The formulating of plans for the physical development and social and economic well-being of a planning unit, and the formulating of proposals for means of implementing the plans.

88.

Planning unit: Any city or county, or any combination of cities, counties, or parts of counties engaged in planning.

89.

Plat: The map of a subdivision.

90.

Portable vendor cart: Wheeled vehicle designed to operate on a temporary basis. Commercial operation not permitted.

91.

Political subdivision: The City of Flatwoods, Kentucky.

92.

Principal building or structure: A structure or building on a lot which performs as independent significant function and which does not need the support of another building on the lot to make its function complete.

93.

Processing: Manufacturing, packaging, repairing, cleaning, and any other similar original or restorative treatment applied to raw materials, products, or personal property. Processing does not refer to the fabrication of structures.

94.

Professional office: The office of a person engaged in any occupation, vocation or calling, not purely commercial, mechanical or agricultural, in which a professed knowledge or skill in some department of science or learning is used by its practical application to the affairs of others, either advising or guiding them in serving their interest or welfare through the practice of an act founded thereon.

95.

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.

96.

Retail sales: Sale of any product or merchandise to customers for their own personal consumption and use, not for resale.

97.

Sediment: Oil or other surface materials that are transported by wind or water as a result of erosion.

98.

Several: Two (2) or more.

99.

Set-back space: The required distance, and the land resulting therefrom, between a lot line and the closest possible line of conforming structure.

100.

Sign: Any words, lettering, parts of letters, figures, numerals, phases, sentences, emblems, devises, designs, pictures, trade names, trademarks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a professional, a business, a service or a commodity or product, which are visible from any public street or right-of-way and designed to attract attention. For sale and for rent signs shall be deemed signs within the meaning of this definition, but the term sign shall not include the flag, pennant or insignia of any nation, state or other political unit, or of any civic, political, educational, charitable, philanthropic, professional, religious or like campaign, drive, monument or event used for a public purpose in the public interest.

The City of Flatwoods has a sign code which regulates the placement, type, and scale of signs within the different land-use zones. Any question as to a sign being permitted in a specific zone is subject to final approval by the Flatwoods Board of Adjustment.

101.

Single-family dwelling unit: A single detached structure having but one (1) kitchen (with no fixtures or equipment installed or roughed in for additional kitchens) and housing only one (1) of the following groups of persons living together as a single non-profit housekeeping unit;

Any number of persons immediately related by blood, marriage or adoption, or five (5) or fewer persons not necessarily related by blood, marriage, or adoption, plus in each of the foregoing instances domestic servants employed for services on the premises.

102.

Street: Any open vehicular way which affords the principal means of access in two (2) or more properties.

A.

Arterial: A street which provides an avenue for a high level of traffic (eight thousand (8,000) A.D.T. and up) to move steadily and expeditiously from one (1) large area to another. Normally, arterials are of considerable scope and size, have limited access points and have collectors feeding into them.

B.

Collector: A Street which provides access to various large sections of a city. Collectors are characterized by volumes of traffic ranging from three thousand (3,000) to eight thousand (8,000) A.D.T. and have several local streets feeding traffic into them.

C.

Cul-de-sac: A permanently dead end street with a turnaround facility at the end. Cul-de-sacs have minimum pavement length and width standards associated with them and carry volumes of traffic less than five hundred (500) A.D.T.

D.

Local: A street which provides access to the various parcels of land which are not served by other streets. Minor/local streets carry loads of traffic ranging from five hundred (500) to three thousand (3,000) A.D.T., which has been primarily generated from the abutting properties.

103.

Structure: Anything constructed or erected, the use of which required location on the ground or attached to something having a location on the ground, including buildings and signs; but not including fences under four (4) feet in height or poles and appurtenances thereto used for the provision of public utilities.

104.

Subdivision: The division of a parcel of land into two (2) or more lots for the purpose, whether immediate for future, of sale, lease or building development, or if a new street is involved, any division of a parcel of land; providing that a division of land for agricultural purposes into lots or parcels of five (5) acres or more and not involving new streets shall not be deemed a subdivision. The term includes re-subdivision and when appropriate to the context, shall relate to the process of subdivision or to the land sub-divided. Any division of land into parcels of one (1) acre or less occurring within twelve (12) months following a division of the same land shall be deemed a subdivision within the meaning of this ordinance.

105.

Trade and business schools: Secretarial school or college, or business school or college, when not public and not owned or conducted by or under the sponsorship of a religious or charitable organization; school conducted as commercial enterprise for teaching industrial skills in which machinery is employed as a means of instruction.

106.

Trailer: Any vehicle or similar portable structure used or so constructed as to permit its being used as a conveyance to transport cargo other than persons upon the streets and highways The term "trailer" does not mean "mobile home" or "travel trailer" as defined and used in this ordinance.

107.

Trailer park or campground: Any premises where two (2) or more trailer coaches are parked for living and sleeping purposes on a short term basis, or any premises used or set apart for the purpose of supplying to the public short term parking space for two (2) or more trailer coaches for living and sleeping purposes, and which includes any buildings, structures, vehicles or enclosures used or intended for use as a part of the equipment of such trailer camp or park.

108.

Travel trailer: A trailer containing accommodations for touring and sleeping that is not a manufactured or mobile home.

109.

Unit: One (1) living unit or independent household.

110.

Usable open space: Outdoor area of a lot which is designed and used for normal outdoor living, recreation, pedestrian access or landscaping Such areas may be ground or roof spaces which are seventy-five (75) percent open to the sky, balconies a minimum of five (5) feet wide, an unenclosed deck or porch. Off-street parking and loading, driveways, and areas of severe slope or flood proneness do not quality as usable open space.

111.

Use: The activities which take place on any land or premises; also refers to the structures located thereon and designed for those activities.

112.

Variance: See "dimensional variance."

113.

Wall sign: A sign which is essentially parallel to and extending not more than eighteen (18) inches from the wall of a building with no copy on the side or edges. This definition includes painted, individual letter, cabinet signs, and signs on a mansard.

114.

Warehousing: The depositing or securing of goods, wares, and merchandise in a warehouse.

115.

Wholesaling: Sale for resale, not for direct consumption.

116.

Window sign: Any sign installed inside a window and designed to be viewed from the outside.

117.

Yard: The open space surrounding the principal building on any lot, unoccupied and unobstructed by any portion of that building from the ground to the sky except where specifically permitted by the zoning regulation. Yards are further defined as follows:

A.

Front yard: That portion of the yard extending the full width of the lot and located between and property line adjacent to a street and a parallel line tangent to any exterior wall of the principal structure which is adjacent to said property line.

B.

Rear yard: That portion of the yard extending the full width of the lot and measured from the lot line to the rear of the primary structure towards the structure towards the structure the required distance set by ordinance.

C.

Side yard: That portion of the yard extending from the front yard to the rear yard and measured between the side lot lines and parallel lines tangent to the nearest parts if the principal building.

118.

Zero lot line design: A site design technique in which two (2) or more buildings are located on lots in such a manner that one (1) or both of their exterior walls are placed upon one (1) or both side lot lines.

119.

Zoning districts: Any area or section of the city for which regulations governing the use of buildings and premises or the height and area of buildings are uniform. The terms "zone" and "district" are used interchangeably.