Florence City Zoning Code
ARTICLE 40
DEFINITIONS
SECTION 4000 INTERPRETATION OF TERMS AND WORDS
A.
For the purpose of this order, certain terms or words used herein shall be interpreted as follows:
- 1.The word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.
- 2.The present tense includes the future tense, the singular number includes the plural, and the plural includes the singular.
- 3.The word "shall" is a mandatory requirement, the word "may" is a permissive requirement, and the word "should" is a preferred requirement.
- 4.The words "used" or "occupied" include the words "intended, designed, or arranged to be used or occupied."
- 5.The word "lot" includes the words "plot" or "parcel."
AASHTO
AASHTO. American Association of State Highway and Transportation Officials.
Effective on: 12/20/2022
Abandonment
Abandonment. To cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods or vacation or seasonal closure, and also excluding lapses in between different owners or tenants who carry out the same use or activity.
Effective on: 12/20/2022
Abutting or Adjoining
Abutting or Adjoining. Having a common border with, or being separated from such common border by a right-of-way, alley, or easement.
Effective on: 12/20/2022
Acceleration Lane
Acceleration Lane. A speed change lane, including tapered areas, for the purpose of enabling a vehicle entering a roadway to increase its speed to a rate at which it can more safely merger with through traffic.
Effective on: 12/20/2022
Access
Access. Driveway or other point of access such as a street, road, or highway that connects to the general street system. Where two public roadways intersect, the secondary roadway will be the access.
Effective on: 12/20/2022
Accessory Dwelling Unit
Accessory Dwelling Unit. A dwelling unit within a single family residence, or within a structure accessory to a single family residence. Such a unit is created by partitioning or finishing space within a principle residential structure or structure accessory to the principle residential structure. Also refer to the definition of “family” in this article.
Effective on: 12/20/2022
Accessory Use or Structure, Customary.
Accessory Use or Structure, Customary. A customary accessory structure or use is one that: (1) is subordinate to and serves the principal structure or principal use; (2) is subordinate in area, extent, or purpose to the principal structure or principal use served; (3) contributes to the comfort, convenience, or necessity of occupants of the principal structure or principal use served; and (4) is located on the same lot as the principal structure 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 lot with the structure or use served.
Effective on: 12/20/2022
Agricultural Use
Agricultural Use. Per KRS 100.111.(2), "agricultural use" means the use of:
- A.A tract of at least five (5) contiguous acres for the production of agricultural or horticultural crops, including but not limited to livestock, livestock products, poultry, poultry products, grain, hay, pastures, soybeans, tobacco, timber, orchard fruits, vegetables, flowers, or ornamental plants, including provision for dwellings for persons and their families who are engaged in the agricultural use on the tract, but not including residential building development for sale or lease to the public. For the purposes of this subsection, "livestock" means cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes, and any other animals of the bovine, ovine, porcine, caprine, equine, or camelid species;
- B.Regardless of the size of the tract of land used, small farm wineries licensed under KRS 243.155;
- C.A tract of at least five (5) contiguous acres used for the following activities involving horses:
- 1.Riding lessons;
- 2.Rides;
- 3.Training;
- 4.Projects for educational purposes;
- 5.Boarding and related care; or
- 6.Shows, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving seventy (70) or less participants. Shows, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving more than seventy (70) participants shall be subject to local applicable zoning regulations; or
- D.A tract of land used for the following activities involving horses:
- 1.Riding lessons;
- 2.Rides;
- 3.Training;
- 4.Projects for educational purposes;
- 5.Boarding and related care; or
- 6.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 seventy (70) or less participants. Shows, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving more than seventy (70) participants shall be subject to local applicable zoning regulations.
This paragraph shall only apply to acreage that was being used for these activities before July 13, 2004.
Effective on: 12/20/2022
Airport
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.
Effective on: 12/20/2022
A
Alley. (See Street)
Effective on: 12/20/2022
Alterations, Structural
Alterations, Structural. A change or rearrangement in the supporting members of a building such as bearing walls, columns, beams, or girders.
Effective on: 12/20/2022
Amusement Park
Amusement Park. A permanent facility open to the public on a seasonal or year round basis that includes a combination of recreational and/or entertainment attractions. Attractions at an amusement park consist primarily of mechanized or non-mechanized rides and exhibits for viewing, but may also include attractions such as arcades, vendors offering food or games of chance, and/or live music, theater, or multi-media events.
Effective on: 12/20/2022
Apartment Dwelling Unit
Apartment Dwelling Unit. A residential structure used for occupancy by three or more families living independently of each other and which contains three or more dwelling units, but not including townhouse dwelling units. Also refer to the definition of “family” in this article.
Effective on: 12/20/2022
Approach
Approach. The portion of an intersection leg which is used by traffic approaching the intersection.
Effective on: 12/20/2022
Arcade
Arcade. A recreational facility composed of video games.
Effective on: 12/20/2022
Art, Music & Dancing Schools
Art, Music & Dancing Schools. A facility in which the components of art, music, dancing and theater are taught and displayed.
Effective on: 12/20/2022
Art Gallery
Art Gallery. An establishment engaged in the sale, loan, creation, or display of paintings, sculptures, or other works of art.
Effective on: 12/20/2022
Auto Parts Store
Auto Parts Store. A retail establishment that sells parts, components and accessories for motor vehicles but that does not conduct automotive repair activities, pursuant to the definition of “automotive repair facility,” and that does not conduct wholesaling or warehousing and distribution activities.
Effective on: 12/20/2022
Automotive Repair Facility
Automotive Repair Facility. A business establishment that repairs, rebuilds, reconditions, or services automobiles or automotive parts, including but not limited to any of the following activities: body and paint work; engine repair or rebuilding; installation, repair, or reconditioning of tires, brakes, transmissions, mufflers, automotive electrical or air conditioning systems, automotive upholstery, or automotive glass, all on an individual vehicle basis; changing of oil, other fluids, and filters; emissions testing and vehicles inspections.
Effective on: 12/20/2022
Automotive Sales
Automotive Sales. The sale or leasing of new and used motor vehicles, displayed, stored, and sold or leased on site excluding repair work except incidental repair.
Effective on: 12/20/2022
Automotive Wrecking
Automotive Wrecking. The dismantling or wrecking of used motor vehicles, mobile homes, or trailers; or the storage, sale, or dumping of dismantled, wrecked vehicles or their parts. The presence of two or more non-operational motor vehicles on a lot for a time period exceeding thirty (30) days shall constitute evidence regarding the establishment of an automobile wrecking yard. Also may be referred to a junk yard.
Effective on: 12/20/2022
Average Daily Traffic (ADT)
Average Daily Traffic (ADT). The total bidirectional volume of traffic passing through a given point during a given time period, divided by the number of days in that time period.
Effective on: 12/20/2022
Band Width
Band Width. The time in seconds or the percent of cycle between a pair of parallel lines which delineate progressive movement on a time-space diagram. It is a quantitative measurement of through traffic capacity provided by signal progression.
Effective on: 12/20/2022
Basement
Basement. A story underground having at least one-half of its height below the average level of the adjoining grade.
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Effective on: 12/20/2022
Battery(ies).
Battery(ies). A single cell or a group of cells connected together electronically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electromechanically. For the purposes of these regulations, batteries utilized in consumer products are excluded from these requirements. (This definition only applies to Unincorporated Boone County and the City of Florence)
[Ord. # F-O-13-2025, R-24-036-A, 06/17/2025][Ord. # F-O-13-2025, R-24-036-A, 06/17/2025]
Effective on: 6/17/2025
Battery Energy Storage System.
Battery Energy Storage System. One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone 12-volt battery or an electric motor vehicle. A battery energy storage system is classified as a Tier 1 or Tier 2 Battery Energy Storage System as follows:
- A.Tier 1 Battery Energy Storage Systems have an aggregate energy capacity less than or equal to 600 kWh or consist of only a single energy storage system technology.
- B.Tier 2 Battery Energy Storage Systems have an aggregate energy capacity greater than 600 kWh or consist of more than one energy storage system technology.
(This definition only applies to Unincorporated Boone County and the City of Florence)
[Ord. # BC-2025-05, R-24-036-A, 01/21/2025; Ord. # F-O-13-2025, R-24-036-A, 06/17/2025]
Effective on: 6/17/2025
Bed and Breakfast Inn
Bed and Breakfast Inn. An owner operated residential structure(s) where short term lodging rooms and meals are provided for compensation on a small scale, typically in an agricultural or small community setting. The owner-operator must reside on the premises. A bed and breakfast inn shall be limited to a maximum of eight guest rooms or suites on the premises.
Effective on: 12/20/2022
Bicycle Lane (Bike Lane)
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.
Effective on: 12/20/2022
Bicycle Route (Bike Route)
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.
Effective on: 12/20/2022
Bikeway
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.
Effective on: 12/20/2022
Board of Adjustment
Board of Adjustment. An appointed board responsible for hearing appeals of determinations made by the zoning administrator and considers requests for variances and conditional use permits as outlined in the zoning regulations.
Effective on: 12/20/2022
Body-Art Services
Body-Art Services. Provision of tattooing and body piercing, as defined in KRS 211.760. This definition does not include practices that are considered medical procedures by the Commonwealth of Kentucky which may not be performed in a body-art services establishment. (Applies to the City of Florence Only)
Effective on: 12/20/2022
Bookstore
Bookstore. A business in which books, magazines and newspapers are sold to the public.
Effective on: 12/20/2022
Brewpub.
Brewpub. An eating and drinking establishment which includes the accessory functions of a microbrewery or microdistillery.
Effective on: 12/20/2022
Buffer Yard
Buffer Yard. (See Landscape Screen)
Effective on: 12/20/2022
Building
Building. A structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, or property.
Effective on: 12/20/2022
Building, Accessory.
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.
Effective on: 12/20/2022
Building Height
Building Height. The vertical distance measured from the average elevation of the proposed finished grade at the front of building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and the mean height between eaves and ridge for gable, hip, and gambrel roofs.
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Effective on: 12/20/2022
Building Setback Line
Building Setback Line. A horizontal distance line which is generally parallel to the related front, rear, or side lot line. The building setback line cannot encroach upon the required minimum yard dimensions for principally permitted and accessory uses or structures as specified in these regulations.
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Effective on: 12/20/2022
Business and Trade School.
Business and Trade School. Schools that offer vocational and technical training in a variety of technical subjects and trades and that may lead to job specific certification. Typical uses include beauty schools, business management schools, computer training schools, drive education schools, flight training schools, fine arts and performing arts schools.
Effective on: 12/20/2022
Business Association
Business Association. An organization or company formed to represent business interests, which are permitted in the community.
Effective on: 12/20/2022
Business Support Services.
Business Support Services. Provision of clerical, employment, protective, or minor processing services to firms and businesses rather than individuals. Storage of goods other than samples is prohibited. Typical uses include employment agencies, secretarial services, telephone answering services, and blueprint services.
Effective on: 12/20/2022
Cannabis Business
Cannabis Business. A cultivator, dispensary, processor, producer, or safety compliance facility that is licensed under KRS 218B. (this definition applies only to the City of Florence and City of Union)
[Ord. # F-O-21-2024, R-24-023-A, 11/19/2024; Ord. # U-O-2024-18, R-24-023-A, 12/16/2024]
Effective on: 12/16/2024
Cannabis Business, Cultivator
Cannabis Business, Cultivator. An entity licensed under KRS 218B.080, 218B.085, and 218B.090 and is generally described as an entity that acquires, processes, plants, cultivates, harvests, trims, or stores cannabis. (this definition applies only to the City of Florence and City of Union)
Cultivator, Tier I. Shall not exceed an indoor growth area of two thousand five hundred (2,500) square feet.
Cultivator, Tier II. Shall not exceed an indoor growth area of ten thousand (10,000) square feet.
Cultivator, Tier III. Shall not exceed and indoor growth area of twenty-five thousand (25,000) square feet.
Cultivator, Tier IV. Shall not exceed an indoor growth area of fifty thousand (50,000) square feet.
[Ord. # F-O-21-2024, R-24-023-A, 11/19/2024; Ord. # U-O-2024-18, R-24-023-A, 12/16/2024]
Effective on: 12/16/2024
Cannabis Business, Dispensary
Cannabis Business, Dispensary. An entity licensed under KRS 218B.080. 218B.085, and KRS 218B.090 and is generally described as a retail establishment where cannabis products are sold. (This definition only applies to the City of Florence and City of Union)
[Ord. # F-O-21-2024, R-24-023-A, 11/19/2024; Ord. # U-O-2024-18, R-24-023-A, 12/16/2024]
Effective on: 12/16/2024
Cannabis Business, Processor
Cannabis Business, Processor. An entity licensed under KRS 218B.080, 218B.085, and 218B.090 and is generally described as a combination of a cultivator and a producer. (This definition applies only to the City of Florence and City of Union)
[Ord. # F-O-21-2024, R-24-023-A, 11/19/2024; Ord. # U-O-2024-18, R-24-023-A, 12/16/2024]
Effective on: 12/16/2024
Cannabis Business, Producer
Cannabis Business, Producer. An entity licensed under KRS 218B.080, 218B.085, and 218B.090 and is generally described as an entity where the processing of raw plant material is turned into final products. (This definition applies only to the City of Florence and City of Union)
[Ord. # F-O-21-2024, R-24-023-A, 11/19/2024; Ord. # U-O-2024-18, R-24-023-A, 12/16/2024]
Effective on: 12/16/2024
Cannabis Business, Safety Compliance Facility
Cannabis Business, Safety Compliance Facility. An entity licensed under KRS 218B.080, 218B.085, and 218B.090 and is generally described as a testing facility. (This definition applies only to the City of Florence and City of Union)
[Ord. # F-O-21-2024, R-24-023-A, 11/19/2024; Ord. # U-O-2024-18, R-24-023-A, 12/16/2024]
Effective on: 12/16/2024
Capacity
Capacity. The maximum number of vehicles that have a reasonable expectation of passing over a given roadway or section or roadway in one direction during a given time period under prevailing roadway and traffic conditions.
Effective on: 12/20/2022
Car Wash.
Car Wash. A building, or portion thereof, containing facilities for washing one (1) or more automobiles using production line methods such as a chain conveyor, blower, steam cleaning device, or other mechanical devices, or providing space, water, equipment, or soap for the complete or partial cleaning of such automobiles, whether by operator or by customer.
Effective on: 12/20/2022
Cellular Antenna Tower
Cellular Antenna Tower. A Cellular Antenna Tower is a tower constructed for, 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. Such towers are considered Cellular Telecommunication Facilities (see ARTICLE 31). They are designed as any communication pole, spire, structure or combination thereof, greater than 35 feet in height from the base at grade to the top of the structure, including supporting lines, cables, wires, braces and mast, designed and constructed primarily for the purpose of supporting one (1) or more antennas or dishes, including self-supporting lattice towers, guyed towers or monopole or stealth towers.
Effective on: 12/20/2022
Cemetery
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 inurement, burial ground consisting of one (1) or more marked or unmarked graves, and a burial mound or other burial facility.
Effective on: 12/20/2022
Cemetery, Private Family.
Cemetery, Private Family. A burial ground or prehistoric mound consisting of one (1) or more marked or unmarked graves, typically of one or more families, community, or church. It must not: (1) operate for profit, (2) have salaried employees, directors or managers other than maintenance caretakers or (3) offer lots for sale.
Effective on: 12/20/2022
Channel
Channel. A natural or artificial water course, with bed and banks that transport continuous or intermittent water flow.
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Effective on: 12/20/2022
Clinic
Clinic. A facility the offers care, diagnosis and treatment of sick, or injured persons. A clinic may provide out patient surgical attention but does not include accommodations.
Effective on: 12/20/2022
Club
Club. A facility owned or operated by persons for a social, literary, political, educational or recreational purpose for the exclusive use of members and their guests.
Effective on: 12/20/2022
College and University.
College and University. Colleges and other institutions of higher learning that offer courses of general or specialized study leading to a degree. They are certified by the state or by a recognized accrediting agency. Colleges tend to be in campus-like settings or on multiple blocks. Examples include universities, liberal arts colleges, community colleges, conservatories, seminaries, and nursing and medical schools not accessory to a hospital.
Effective on: 12/20/2022
Commercial Message.
Commercial Message. Any sign, wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, industry, product, service or other similar activity.
Effective on: 12/20/2022
Commercial Parking.
Commercial Parking. Facilities intended or used for the off-street parking of operable motor vehicles on a temporary basis, other than accessory to a principal use.
Effective on: 12/20/2022
Commercial Solid Waste.
Commercial Solid Waste. Solid waste generated by and/or resulting from but not limited to the operation of any commercial, industrial, institutional or agricultural establishment.
Effective on: 12/20/2022
C
Commercial Vehicle. Any self-propelled or towed vehicle used to transport passengers or property for compensation in the furtherance of any commercial enterprise.
Effective on: 12/20/2022
Comprehensive Plan
Comprehensive Plan. A plan, or any portion thereof, adopted by the Planning Commission in accordance with Chapter 100 of the Kentucky Revised Statutes which establishes policies for public and private actions and decisions to safeguard the development of public and private property in the most appropriate manner. A comprehensive plan shall contain, as a minimum, a statement of goals and objectives, principles, policies, and standards; a land use plan element; a transportation plan element; a community facilities plan element; and any additional elements.
Effective on: 12/20/2022
Concentrated Animal Feeding Operation
Concentrated Animal Feeding Operation. An industrial facility used for the concentrated production of livestock including birthing, raising, housing, feeding, and/or slaughtering, where livestock production is conducted in an intensive, factory style environment versus a farm or pasture environment. A concentrated animal feeding operation is an industrial use per OAG 97-31 and not an agricultural use pursuant to KRS 100.111.
Effective on: 12/20/2022
Concept Development Plan
Concept Development Plan. A plan that generally illustrates, depicts, and/or describes a development proposal, in accordance with the requirements stated in ARTICLE 3. A Concept Development Plan is reviewed in conjunction with Zoning Map Amendment requests and other public hearing requests as specified in these regulations. A Concept Development Plan approval shall be binding upon the future development of the real property in question.
Effective on: 12/20/2022
Conditional Use.
Conditional Use. A use which may be suitable, as determined by the Board of Adjustment, in zones herein defined, 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.
Effective on: 12/20/2022
Conditional Use Permit.
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:
- A.A statement of the factual determination by the Board of Adjustment which justifies the issuance of the permit; and
- B.A statement of the specific conditions which must be met in order for the use to be permitted.
Effective on: 12/20/2022
Condominium
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. Also refer to the definitions of “single family dwelling unit” and “family” in this article.
Effective on: 12/20/2022
Conforming Use.
Conforming Use. Any lawful use of a building, structure, lot, sign, or fence which complies with the provisions of these regulations.
Effective on: 12/20/2022
Construction Sales and Service.
Construction Sales and Service. An establishment engaged in the wholesale sale of materials used in the construction and maintenance of buildings or other structures, as well as the outdoor storage of construction equipment or materials on lots other than construction sites. Typical uses include lumberyards, electrical, plumbing, air conditioning and heating supply stores, swimming pool sales, construction and trade contractors, landscape contractors, grounds keeping, and wholesale nurseries.
Effective on: 12/20/2022
Convenience Store
Convenience Store. A small retail store that sells grocery and deli items, and other day-to-day goods, and stocks such goods on the premises, all on a limited basis. A convenience store may offer the retail sale of motor fuels as an accessory use if permitted in the particular district, or if the particular district allows gasoline filling stations as a principally permitted use.
Effective on: 12/20/2022
Crematory.
Crematory. A facility containing furnaces for the reduction of dead bodies to ashes by fire.
Effective on: 12/20/2022
Critical Volume
Critical Volume. A volume (or combination of volumes) for a given street which produces the greatest utilization of capacity for that street in terms of passenger cars of mixed vehicles per hour.
Effective on: 12/20/2022
Crypto Currency Mining
Crypto Currency Mining. The operation of specialized computer equipment for the purpose of mining one or more blockchain-based crypto-currencies, such as Bitcoin.
Effective on: 12/20/2022
Cul-De-Sac
Cul-De-Sac. (See Street)
Effective on: 12/20/2022
Cultural Decorations.
Cultural Decorations. Decorative elements of a temporary nature intended for the acknowledgement of a holiday or holiday season, exclusive of decorations which contain business, product sales, or service advertising content. Holiday decorations shall not be considered "signs".
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Effective on: 12/20/2022
Cultural Exhibit and Library.
Cultural Exhibit and Library. Museum like preservation and exhibition of objects in one or more of the arts and sciences, gallery exhibition of works of art, or library collection of books, manuscripts, etc., for study or reading.
Effective on: 12/20/2022
Cycle Time
Cycle Time. The time period in seconds required for one complete sequence of signal indications.
Effective on: 12/20/2022
Data Center.
Data Center. A facility containing one or more large-scale computer systems used for data storage and processing for off-site users. Typical supporting equipment includes back-up batteries and power generators, cooling units, fire suppression systems, and enhanced security features. This definition does not include crypto currency mining.
Effective on: 12/20/2022
Day Care Center
Day Care Center. Any facility or home that cares for more than six unrelated (unrelated to the operator) children or adults on a regular basis for the purpose of child care or adult care. Day care centers do not include overnight accommodations.
Effective on: 12/20/2022
Dead-end Street
Dead-end Street. (See Street)
Effective on: 12/20/2022
Deceleration Lane
Deceleration Lane. A speed change land, including tapered areas, for the purpose of enabling a vehicle that is to make an exit turn from a roadway to slow to safe turning speed after it has left the main stream of faster moving traffic.
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Effective on: 12/20/2022
Delay
Delay. Stopped time per approach vehicle, in second per vehicle.
Effective on: 12/20/2022
Demolition and Construction Waste
Demolition and Construction Waste. Waste materials from the construction or destruction of residential, industrial, or commercial structures.
Effective on: 12/20/2022
Density.
Density. A unit of measurement involving the amount or scope of an activity identified in acres, floor area of a building or square footage, number of dwelling units, or number of structures in relation to a site or portion thereof. For commercial and employment uses, density is typically expressed as a ratio of floor area of a building per acre of land area. For residential uses, density is typically expressed in terms of the number of dwelling units per acre of land. For signage, density is expressed in terms of the number of a certain type of sign per wall, building, lot, or overall development or subdivision. The term “density” may be used interchangeably with the term “intensity”
Effective on: 12/20/2022
Design Hour Volume
Design Hour Volume. Hourly traffic volume used for street design and capacity analysis, usually one or more peak hours during a 24 hour period.
Effective on: 12/20/2022
Design Speed
Design Speed. Five to ten miles per hour above the proposed or desired speed limit of the facility under design.
Effective on: 12/20/2022
Design Vehicle
Design Vehicle. Developments intended for public use must be designed for the following types of vehicles:
| Residential (excluding single family or duplex) | SU30 |
| Commercial Uses | WB40 |
| Industrial Uses | WB50 |
| For public street, the following design vehicles must be used: | |
| Commercial/Multi-family Locals and Minor Collectors | SU30 |
| Major Collectors | WB40 |
| Arterials | W B50 |
Definitions for the above vehicle types are found in AASHTO Geometric Highway Design Standards.
Effective on: 12/20/2022
DHV.
DHV. Design Hour Volume.
Effective on: 12/20/2022
Diameter At Breast Height (dbh)
Diameter At Breast Height (dbh). The diameter of a tree trunk as measured at the height of the chest of the individual making the measurement. For the purposes of these regulations and the landscaping requirements contained herein, dbh is 4.5 feet from grade. (See ARTICLE 36).
Effective on: 12/20/2022
Divided Highway
Divided Highway. A highway with separate roadways for traffic in opposite directions, such separation being indicated by depressed dividing strips, raised curbings, traffic islands, other physical separations, or by standard pavement markings and other traffic control devices.
Effective on: 12/20/2022
Drive-In Facility
Drive-In Facility. A portion of a parking area or a structure such as a canopy where patrons order, are served, and can consume prepared food within their vehicles on the premises. A drive-in facility must be accessory to a permitted eating and drinking establishment.
Effective on: 12/20/2022
Drive-Through Facility
Drive-Through Facility. A facility, used in conjunction with a permitted use, that is designed or intended to be used to provide for sales or service to patrons who remain in their vehicles (See SECTION 3155).
Effective on: 12/20/2022
Drop-off Centers
Drop-off Centers. A trailer or temporary structure used as a collection point for donated items for a specific non-profit organization.
Effective on: 12/20/2022
Duplex Dwelling Unit
Duplex Dwelling Unit. A single residential structure that contains two dwelling units for use by two separate families living independent of each other. The two dwelling units within a duplex dwelling unit structure are separated by a common wall, floor, and/or ceiling. Also refer to the definition of “family” in this article.
Effective on: 12/20/2022
Dwelling
Dwelling. A building or structure, which is completely or partly used for residential purposes but does not include commercial hotels, motels or tourist cabins.
Effective on: 12/20/2022
Dwelling Unit
Dwelling Unit. An area within a dwelling, comprising of one housekeeping unit for occupancy by a family and household employees. A dwelling unit includes facilities such as bathrooms, a kitchen and bedrooms. Also refer to the definition of “family” in this article.
Effective on: 12/20/2022
Easement
Easement. A legally authorized use for a defined area by a property owner to the public, a corporation, another person, or an entity for a specified purpose.
Effective on: 12/20/2022
Eating and Drinking Establishments
Eating and Drinking Establishments. A restaurant serving food and/or alcoholic beverages, along with music.
Effective on: 12/20/2022
Elderly Housing Facility
Elderly Housing Facility. A residential building or complex with multiple units, suites, or rooms for senior citizens. An elderly housing facility shall primarily consist of independent living units and/or assisted living units, and may secondarily include congregate care, skilled or nursing care, Alzheimer’s units, hospice, and/or comparable arrangements. It may include customary accessory services for residents such as dining, recreation and entertainment, beauty and barber services, laundry, chapel, convenience shopping, and routine day-to-day medical care. This definition does not include standard attached or multi-family residential structures, hospitals, nursing homes, or any type of clinic.
Effective on: 12/20/2022
Electric Vehicle Charger.
Electric Vehicle Charger. Battery charging equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle.
Effective on: 12/20/2022
Electric Vehicle Charging Level.
Electric Vehicle Charging Level. The standardized indicators of electrical force, or voltage, at which an electric vehicle’s battery is recharged as follows:
- A.Level One: Considered slow charging with 120v outlets.
- B.Level Two: Considered medium charging with 240v outlets, charging head and cord hard-wired to the circuit.
- C.Level Three: Considered fast or rapid charging. Voltage is greater than 240v outlets.
Effective on: 12/20/2022
Electric Vehicle Charging Station, Private.
Electric Vehicle Charging Station, Private. A parking space that is served by an electric vehicle charger that is privately owned with restricted access to the public (i.e., single family homes, fleet parking, and parking at multi- family residential buildings).
Effective on: 12/20/2022
Electric Vehicle Charging Station, Public.
Electric Vehicle Charging Station, Public. A parking space that is served by an electric vehicle charger that is publicly owned and publicly available or privately owned and available to visitors of the site (this definition applies to Unincorporated Boone County and the City of Walton).
Has the same meaning as in KRS 138.477 (this definition applies to Unincorporated Boone County and the City of Florence and the City of Union).
[Ord. # U-O-2024-19, R-24-029-A, 12/16/2024; Ord. # F-O-23-2024, R-24-029-A, 12/17/2024; Ord. # BC-2025-06, R-24-029-A, 01/21/2025]
[Ord. # U-O-2024-19, R-24-029-A, 12/16/2024; Ord. # F-O-23-2024, R-24-029-A, 12/17/2024; Ord. # BC-2025-06, R-24-029-A, 01/21/2025]
Effective on: 1/21/2025
Equipment (Light)
Equipment (Light). Equipment, implements, and machinery used for commercial, industrial, construction, small scale excavation, landscaping, and other purposes, which are equal to or smaller in size than a Bobcat style implement such as Bobcat style loaders and mini-excavators, fork lifts, scissor lifts, generators, compressors, power washers, and jack hammers.
Effective on: 12/20/2022
Equipment (Heavy)
Equipment (Heavy). Equipment, implements, and machinery used for commercial, industrial, construction, excavation, landscaping, mining and other purposes which are larger than a Bobcat style implement such as bulldozers, excavators, backhoes, crushers, compactors, cranes, and cherry pickers.
Effective on: 12/20/2022
Essential Services
Essential Services. The erection, construction, alteration, or maintenance, by public utility, or governmental agency of underground gas, electrical, steam, water or other distribution systems, collection, communication, supply disposal, or other transmission system. Includes, but is not limited to poles, wires, main drains, sewers, pipes, traffic signals, hydrants, or other similar equipment for the public's health, safety and general welfare.
Effective on: 12/20/2022
Family
Family
- A.Any number of persons all of whom are related by blood, legal adoption, or marriage, occupying a common premises and living as one housekeeping unit using one kitchen; or
- B.Five or fewer persons occupying a common premises and living as one housekeeping unit using one kitchen, provided that the premises is not a boarding house, lodging house, fraternity or sorority, club, hotel or a residence for social rehabilitation, or that admission to residency in or occupancy of the premises is not limited to or intended for persons in the custody of the criminal justice system or the juvenile justice system and persons engaged in the care, custody, nurturance, or supervision of such persons; or
- C.More than five persons occupying a common premises and living as one housekeeping unit using one kitchen, provided that the premises is not a boarding house, home for the infirmed and aged, nursing home, lodging house, fraternity or sorority house, club, hotel, or other exceptional residential use, or a residence for social rehabilitation.
Housekeeping unit arrangements under any of the three tiers of “family” as defined above shall not be temporary or seasonal in nature and must have a minimum duration of at least thirty (30) consecutive days.
Effective on: 12/20/2022
Family Day Care
Family Day Care. A home that regularly cares for six or less unrelated (unrelated to the operator) children or adults for the purpose of child care or adult care on a non-residential basis. A family day care facility must be accessory to a residential use.
Effective on: 12/20/2022
Farm Implement and Machinery Sales
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.
Effective on: 12/20/2022
Farmers Mart
Farmers Mart. An area or facility, which can be either open air, covered with a roof structure that is open at the sides, and/or partially enclosed, at which vendors gather to sell:
- A.Fresh produce.
- B.Meat and fish items.
- C.Seasonal plants such as Christmas trees, flowers, and seeds.
- D.Bakery goods, dairy products, delicatessen and grocery items.
- E.Related or complementary goods, such as condiments, seasonings, honey, wines, and other beverages, as determined by the Zoning Administrator.
Other goods, such as household and personal items, furniture and furnishings, clothing, crafts, auto parts and accessories, electronics, fireworks, media, novelties, collectibles, and landscape supply including items such as trees, shrubs, fertilizer, and mulch, and other similar items, shall not be offered for sale at a farmers mart. Sales and display for a farmers mart shall occur in designated areas only and shall not occur in parking spaces, any vehicular areas, or landscape areas. (This definition applies to unincorporated Boone County only).
Effective on: 12/20/2022
Fence
Fence. A structure, other than a building, which is a barrier and used as a boundary, or means of security, confinement, or separation.
Effective on: 12/20/2022
Ferry Boat Landing
Ferry Boat Landing. A landing or port used for the docking of marine craft that are used exclusively to transport people and/or individually owned, personal motor vehicles across the Ohio River. A ferry boat landing shall include parking facilities.
Effective on: 12/20/2022
Financial Services.
Financial Services. Financial or securities brokerage services. Typical uses include banks, savings and loans, credit unions, and title services. This definition specifically does not include pawn shops or same day loan (check cashing) establishments.
Effective on: 12/20/2022
Fireworks Retail Sales
Fireworks Retail Sales. The sale of consumer or common fireworks classified as Division 1.4G (formerly Class C) explosives by the United States Department of Transportation to the general public in a non-seasonal retail environment in accordance with KRS 227. Customary accessory uses including the storage of inventory for on-site sales are permitted at a non-seasonal fireworks retail sales establishment. Storage, warehousing, or distribution of inventory for multiple store locations, the manufacturing or wholesaling of fireworks, or the sale of display fireworks classified as Division 1.3G (Class B) explosives by the United States Department of Transportation, are not permitted within a fireworks retail sales establishment. Facilities used for fireworks retail sales must be approved by the Boone County Building Department and applicable fire officials. (Ancillary sales under KRS 227.715(2) are not affected by this definition.)
Effective on: 12/20/2022
Fire Trucks
Fire Trucks. Must be considered as a W B40 truck with a minimum of forty-five (45) ft. radius for design purposes.
Effective on: 12/20/2022
Flea Market.
Flea Market. An occasional or periodic market usually held within a building, structure, or in an open area, where individual stalls or spaces are provided on a short term basis for vendors to display, buy, sell, exchange, or deal in new or used goods. Typically, no long-term leases are held between the sellers and flea market operators.
Effective on: 12/20/2022
Flight track
Flight track. Ground projections of the path an aircraft follows as it arrives or departs from an airport.
Effective on: 12/20/2022
Flood Plain
Flood Plain. A land area susceptible to being inundated by water from any source. Control Regulations in accordance with The Federal Emergency Management Agency defines the land area subject to a base flood as the 100-year flood plain.
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Effective on: 12/20/2022
Floor Area of a Building
Floor Area of a Building. The sum of the gross horizontal area of all enclosed floor levels of a building, including basement floor areas but excluding the area of open roofed structures such as porches, terraces, canopies, and awnings. Also referred as “gross floor area.”
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Effective on: 12/20/2022
Flowline
Flowline. The transition point between the gutter and the face of the curb. For a cross or valley pan, it is the center of the pan. Where no curb exists, the flowline will be considered the edge of the outside traveled lane.
Effective on: 12/20/2022
Food Truck.
Food Truck. Establishments primarily engaged in preparing and serving meals and snacks for immediate consumption from motorized vehicles, trailers, or nonmotorized carts.
Effective on: 12/20/2022
Franchise Style Fast Food Establishment
Franchise Style Fast Food Establishment. A restaurant that sells ready made food or readily prepared made to order food (hot or cold), from a typically limited menu, that is typically served in disposable containers or wrappers. A franchise style fast food establishment may include drive-in or drive-through service, although orders are generally not taken at the customer’s table. A franchise style fast food establishment is typically characterized by the use of corporate trademarks in the design of on-site signage and by standardized corporate architecture in the design of the building.
Effective on: 12/20/2022
Funeral Home.
Funeral Home. A building, or portion thereof, used primarily for human funeral services. Such building, or portion thereof, may contain space and facilities for embalming, preparation of the dead for burial, casket storage, and undertaking services.
Effective on: 12/20/2022
Garages, Private
Garages, Private. A detached accessory building or portion of a principal building for the parking or temporary storage of automobiles, travel trailers and/or boats of the occupants of the premises.
- 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 tones capacity.
Effective on: 12/20/2022
Garage, Public
Garage, Public. A facility designed and used for the temporary storage of operational automobiles which is open to the public at large and/or which allows vehicle parking for a fee.
Effective on: 12/20/2022
Gasoline Filling Station
Gasoline Filling Station. (this definition applies to the City of Walton) A facility that primarily offers the retail sale of gasoline and similar fuels or provides electric vehicle chargers for retail use. A gasoline filling station may offer automotive wash services if permitted in the particular zone as a principally permitted, accessory, or conditional use. Gasoline filling stations include the following activities that are accessory and incidental to the principal operation:
- A.Sale of cold drinks, packaged food, and similar convenience goods.
- B.Sale of road maps, other travel information material and provision of restroom facilities.
[Ord. # BC-2025-06, R-24-029-A, 01/21/2025]
Effective on: 1/21/2025
General Merchandise
General Merchandise. A type of retail operation involving a variety of items sold on-premise. It is also referred to as a department store.
Effective on: 12/20/2022
Greenhouse.
Greenhouse. A building and/or area where horticultural specialties, such as flowers, shrubs, and trees are grown and are intended for sale or transplanting.
Effective on: 12/20/2022
Handicapped Person
Handicapped Person. 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. "Handicapped person" does not include persons with current, illegal use of or addiction to alcohol or any controlled substance as regulated under K.R.S. Chapter 218A.
Effective on: 12/20/2022
Health Resort or Spa
Health Resort or Spa. A vacation or recreation facility which is available to the general public for medical or therapeutic purposes.
Effective on: 12/20/2022
Heritage Tourism.
Heritage Tourism. Businesses that promote the experiences of places, artifacts, and activities that authentically represent the stories and people of the past. Typical uses include the retail sale of gifts, novelties, souvenirs, locally made furniture or crafts, eating and drinking establishments, museums, cultural exhibitions, wildlife habitats, amphitheaters, and entertainment assemblies.
Effective on: 12/20/2022
Home Business.
Home Business. A limited business activity that is incidental and secondary to the primary use of the principal dwelling unit, that is at a scale greater than a home occupation, and is conducted in conformance with the home business requirements of these regulations.
Effective on: 12/20/2022
Home Occupation
Home Occupation. A limited business activity that is incidental and secondary to the primary use of the principal dwelling unit and that is conducted in conformance with the home occupation requirements of this order.
Effective on: 12/20/2022
Homeowners Association
Homeowners Association. A private, nonprofit corporation of homeowners and/or residents of a defined area for the purpose of owning, operating, and maintaining various common properties.
Effective on: 12/20/2022
H
Horse related uses, including riding and boarding stables, as defined by KRS 100.111 (2)(c). A tract of at least five (5) contiguous acres used for the following activities involving horses: 1. Riding lessons; 2. Rides; 3. Training; 4. Projects for educational purposes; 5. Boarding and related care; or 6. Shows, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving seventy (70) or less participants. Shows, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving more than seventy (70) participants shall be subject to local applicable zoning regulations.
Effective on: 12/20/2022
Hospital Complex
Hospital Complex. One or more buildings, one of which must be a hospital (defined as an institution to provide medical, surgical, or psychiatric care to the sick or injured, including operating room facilities and beds for overnight stay). A hospital complex may also include a chapel, cafeteria or restaurant, medically related heliports, garage and maintenance facilities, physical therapy and employee exercise facilities, employee accommodations, patient/patient family housing, and shops for medical equipment, pharmacy supplies, gifts, books, magazines, toiletries, flowers, candy, or similar items, provided such uses are primarily for the benefit of patients, staff, and visitors, and are located so as not to normally attract other retail customers. A hospital complex may also include, in the same building as the hospital or in other separate buildings, other health care and health care related services, which may include but are not limited to daycare centers, medical, dental, or optical outpatient clinics, related office buildings, and medical research and development facilities.
Effective on: 12/20/2022
Hotel or Motel and Apartment Hotel
Hotel or Motel and Apartment Hotel. A facility that offers transient lodging accommodations on a daily, weekly or monthly rate to the general public and provides additional services such as restaurants, conference rooms and recreational facilities.
Effective on: 12/20/2022
Hourly Volume
Hourly Volume. The number of (mixed) vehicles that pass over a given section of a lane of roadway during a time period of one hour.
Effective on: 12/20/2022
Household
Household. One or more individuals occupying a single dwelling unit.
Effective on: 12/20/2022
Household Agriculture.
Household Agriculture. Agricultural activities of a hobby or non-commercial scale, scope, and nature that are conducted as an accessory use to a dwelling unit, and which are conducted outside of a dwelling unit. Activities pursuant to this definition include the keeping of one or more customary farm animals such as horses, mules, donkeys, cows, bison, lamas, sheep, pigs, goats, rabbits, chinchillas, ostriches, pigeons, chickens and other fowl, as well as beekeeping and aquaculture, and maintaining related structures such as stables, hutches, coops, and hives. Due to the limited scale and scope, household agriculture per this definition does not constitute an agricultural use as defined by KRS 100.111.
Effective on: 12/20/2022
Household Electronics Sales
Household Electronics Sales. The retail sale of consumer electronic goods such as computers and related equipment and devices, televisions, audio and video equipment, digital media players, game consoles, cellular telephones, two way radios, navigation systems, household appliances, cameras and photographic equipment, music supplies, cellular and/or satellite service plans, and media such as computer software, electronic games, compact discs, and digital video discs. It may also include accessory repair services for the types of goods sold on the premises.
Effective on: 12/20/2022
Household Pets.
Household Pets. Animals customarily kept within a home or upon the premises for the resident's personal use and enjoyment. Household pets are not raised or maintained for commercial purposes and must be appropriately confined so as to not create a nuisance to adjoining property owners. Household pets include, but are not limited to, domestic dogs, domestic cats, domestic birds excluding chickens and other fowl, domestic fish, and domestic rodents. Household pets do not include customary farm animals as described in the definition of household agriculture, or any other activity described in said definition.
Effective on: 12/20/2022
Impervious Surface
Impervious Surface. An area that has been compacted or covered by a layer of material that is highly resistant to infiltration by stormwater. Impervious surfaces include buildings, parking areas, driveways, sidewalks, and graveled areas.
Effective on: 12/20/2022
Industrial Park
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, stormwater management, building design, signage, and landscaping.
Effective on: 12/20/2022
Industry, Heavy
Industry, Heavy. A use engaged in the basic processing and manufacture of materials or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.
Effective on: 12/20/2022
Industry, Light
Industry, Light. A use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and warehousing and distribution of such products, but excluding basic industrial processing.
Effective on: 12/20/2022
Infrastructure
Infrastructure. The total composition of public, semipublic 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.
Effective on: 12/20/2022
Institution
Institution. A facility designed and used to aid individuals in need of mental, therapeutic, rehabilitation counseling, or other correctional services.
Effective on: 12/20/2022
Intensity
Intensity. Refer to the definition of “density.”
Effective on: 12/20/2022
Junk Yards
Junk Yards. The storage, salvaging, and sale of secondhand materials or old dilapidated machinery. Materials include motor vehicles, mobile homes, trailers, machinery, appliances, furniture, rags, rubber, building materials, and scrap iron. The presence of two or more nonoperational motor vehicles on a lot for a time period exceeding thirty (30) days shall constitute evidence regarding the establishment of a junk yard. An automobile wrecking yard is considered as a junkyard.
Effective on: 12/20/2022
Kennel
Kennel. A lot or a facility in which four (4) or more domesticated animals greater than four (4) months of age are maintained for commercial purposes. Commercial purposes include the grooming, breeding, boarding, animal day care, training, raising, and selling of domesticated animals.
Effective on: 12/20/2022
LDN
LDN. (Level of noise day and night.) The average noise level created by aircraft over a twenty four (24) hour period. Noise level measured in decibels (DBA) logarithmically averaged over a twenty four (24) hour period.
Effective on: 12/20/2022
Landfill
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.
Effective on: 12/20/2022
Landominium
Landominium. A single family attached or detached dwelling unit separately owned and valued for property tax purposes which includes land under the unit along with common areas under group ownership and paid by a homeowners association. Also refer to the definitions of “single family dwelling unit” and “family” in this article.
Effective on: 12/20/2022
Landscape Island
Landscape Island. An area that contains plantings or other landscape material and that is surrounded on all sides by paved areas such as vehicular parking and circulation areas, loading/unloading areas, outside storage and outside display areas, ingress/egress lanes, etc. (See ARTICLE 36)
Effective on: 12/20/2022
Landscape Peninsulas
Landscape Peninsulas. An area that contains plantings or other landscape material and that is surrounded on two sides if in a corner of a paved area, or three sides in other instances, by paved areas such as vehicular parking and circulation areas, loading/unloading areas, outside storage and outside display areas, ingress/egress lanes, etc. (See ARTICLE 36)
Effective on: 12/20/2022
Landscape Screen or Buffer Yard
Landscape Screen or Buffer Yard. A defined area composed of vegetation and/or structures located between different and/or conflicting types or intensities of land uses or activities. A landscape screen of buffer yard may include a combination of trees, shrubs, earthen berms, landscaping fences, and/or open space qualities. The purpose of a landscape screen or buffer yard is to minimize the potential negative impacts of noise, light, dust, dirt, pollution, and differing visual effects of one use or activity upon another. (See ARTICLE 36 for requirements)
Effective on: 12/20/2022
Landscaping
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. (See ARTICLE 36 for requirements)
Effective on: 12/20/2022
Level of Service (LOS)
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.
Effective on: 12/20/2022
Legible.
Legible. A sign or message is "Legible" when it can be understood by a person with an eight grade education (or more). Where these regulations require a determination of "visibility" or "legibility", the standard shall be one (1) inch height, either letter or sign structure whichever is greater, for every twenty-five (25) feet of horizontal distance.
Effective on: 12/20/2022
Loading Space, Off-Street
Loading Space, Off-Street. Parking lot area designed and exclusively designated for the purpose of bulk pickups and deliveries. A loading area must be appropriately scaled to delivery vehicles expected to be used and accessible to vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space. All off-street loading spaces shall be located totally outside of any street or alley right-of-way.
Effective on: 12/20/2022
Location Map
Location Map. (See Vicinity Map)
Effective on: 12/20/2022
Lot
Lot. A lot is 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 spaces as required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of:
- A.A single lot of record.
- B.A portion of a lot of record.
- C.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.
Effective on: 12/20/2022
Lot Coverage
Lot Coverage. The ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot, expressed as a percentage.
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Effective on: 12/20/2022
L
Lot Lines
- A.Front Lot Line: The boundary line of a lot and a street right-of-way line, or easement in the case of a private street. In the case of a corner lot or double frontage lot, the boundary line and that street right-of-way line, or easement in the case of a private street, toward which the lot is addressed.
- B.Rear Lot Line: The boundary line of a lot which is opposite the front lot line of such lot. In the case of a triangular shaped lot, for measurement purposes only, a line ten (10) feet in length within the lot parallel to the front lot line.
- C.Side Lot Line: Any boundary line of a lot, other than a front lot line or a rear lot line.
| Interior Lot |  |  |  |
| Corner Lot |  | ||
| Flag Lot |  |  | |
| Double Frontage Lot |  |
Effective on: 12/20/2022
Lot Measurements
Lot Measurements. A lot shall be measured as follows:
- A.Area: The geometric, horizontal area contained within a lot of record exclusive of any portion of the right-of-way of any public or private street or alley.
- B.Frontage: The distance between the side property lines as measured across the required minimum front yard setback line. Any portion of a lot which adjoins a freeway shall not be construed as lot frontage for the purposes of the requirements of Table 31-1.
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Effective on: 12/20/2022
Lot of Record
Lot of Record. A lot which is part of a subdivision recorded in the office of the County Clerk, or a lot or parcel described by metes and bounds, the description of which has been so recorded in the office of the County Clerk.
Effective on: 12/20/2022
L
Lot Types
- A.Corner Lot: A lot situated at the intersection of two streets and has frontage on both streets.
- B.Double Frontage Lot: A lot having two or more of its non-adjoining property lines abutting upon a street or streets. A corner lot is not a double frontage lot.
- C.Flag Lot: An irregularly shaped lot where access is provided from a public street frontage through a narrow, unobstructed strip (or "panhandle") which is part of the building lot, and that may be shared with one adjoining flag lot. The building site within a flag lot does not immediately abut a public street, but is located at the terminus of the access strip described herein.
- D.Interior Lot: A lot other than a corner lot, double frontage lot, or flag lot, having only one street frontage
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Effective on: 12/20/2022
Manufactured Housing
Manufactured Housing. A dwelling unit composed of one or more components substantially assembled in a manufacturing plant and transported to a building site. See Mobile Home and Modular Home.
Effective on: 12/20/2022
Marina
Marina. A facility designed and used for storing, fueling, berthing, and launching of private pleasure watercraft.
Effective on: 12/20/2022
Massage Parlor or Clinic
Massage Parlor or Clinic. A facility in which the practice of massage by any licensed massage therapist, hospital, physician, surgeon, chiropractor or osteopath, nurse or technician working under the supervision of the above or by trainers for athletic or medical purposes.
Effective on: 12/20/2022
Medical, Dental or Optical Clinics
Medical, Dental or Optical Clinics. A facility operated by one or more physicians, dentists, optometrists, physical therapists, medical message therapists, chiropractors, acupuncturists, or other licensed practitioners of the healing arts for the examination and treatment of persons solely on an outpatient basis. Medical, dental, or optical clinics may also include laboratories to test patient samples or make medical appliances for patients that are treated on site. This definition includes psychological or counseling practices which provide substance abuse treatment which is secondary to, or in support of, treatment for other primary mental health issues.
Effective on: 12/20/2022
Mental Health Facility, Inpatient
Mental Health Facility, Inpatient. A facility where psychiatrists and other medical staff diagnose, treat, counsel and care for people of any age with psychiatric conditions and meals, lodging, and overnight stays occur.
Effective on: 12/20/2022
Microbrewery.
Microbrewery. Any place or premises where malt beverages are manufactured for sale, and includes all offices, granaries, mash rooms, cooling rooms, vaults, yards, and storerooms connected with the premises; or where any part of the process of the manufacture of malt beverages is carried on; or where any apparatus connected with manufacture is kept or used; or where any of the products of brewing or fermentation are stored or kept. Production of malt beverages is limited to a maximum of 50,000 barrels per year.
Effective on: 12/20/2022
Microdistillery.
Microdistillery. Any place or premises where distilled spirits are manufactured for sale and where production is limited to a maximum of 50,000 barrels per year.
Effective on: 12/20/2022
Mobile Home
Mobile Home. A dwelling unit composed of one or more components substantially assembled in a manufacturing plant and designed to be transported to a building site on its own chassis for placement on a supporting structure. A mobile home is constructed in accordance with the standards established in the U.S. Department of Housing and Urban Development's building code for manufactured housing. A mobile 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 a mobile home's 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 homes may be located in the Agriculture (A-1) or Mobile Homes Park (MHP) zoning districts.
Effective on: 12/20/2022
Mobile Home or Travel Trailer Sales
Mobile Home or Travel Trailer Sales. The sale or leasing of new and used mobile homes and travel trailers displayed, stored, and sold or leased on site excluding repair work except minor incidental repair.
Effective on: 12/20/2022
Mobile Home Park
Mobile Home Park. An area designed and used for the placement of two or more residential mobile homes.
Effective on: 12/20/2022
Model Home
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.
Effective on: 12/20/2022
Modular Home
Modular Home. A dwelling unit composed of two (2) or more components substantially assembled in a manufacturing plant 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. Modular homes do not include mobile homes. For the purposes of this order, a modular home is considered to be a single family dwelling unit.
Effective on: 12/20/2022
Motel
Motel. A facility that offers overnight sleeping accommodations primarily for automobile travelers.
Effective on: 12/20/2022
Motion Picture Theaters
Motion Picture Theaters. An indoor facility for the public to view films.
Effective on: 12/20/2022
Multi-Family Dwelling Unit
Multi-Family Dwelling Unit. A residential building designed arranged, and occupied exclusively by three (3) or more families living independent of each other.
Effective on: 12/20/2022
Multi-Modal Transportation
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, etc. Such facilities may include but are not limited to, car pooling lots, bus stops, transit stations, bike ways or lanes, bike racks, pedestrian paths, etc.
Effective on: 12/20/2022
Municipal Solid Waste.
Municipal Solid Waste. Residential solid waste and commercial solid waste.
Effective on: 12/20/2022
M.U.T.C.D.
M.U.T.C.D.. Manual on Uniform Traffic Control Devices.
Effective on: 12/20/2022
Noise Exposure Map
Noise Exposure Map. A map that presents existing and projected aircraft noise contours and identifies the incompatible land uses affected by the noise contours.
Effective on: 12/20/2022
N
Nonconforming 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
Effective on: 12/20/2022
Nonconforming Use or Structure.
Nonconforming Use or Structure. An activity or a building, sign, fence, structure, or portion thereof, which lawfully existed before the adoption or amendment of these regulations, but a which does not conform to all of the regulations contained herein, or amendments thereto, which pertain to the zone or district in which it is located.
Effective on: 12/20/2022
Nursing Home
Nursing Home. A facility providing bed care and inpatient services for the elderly or infirm that require regular medical attention. This definition does not include facilities providing surgical or emergency medical services, substance abuse facilities, or mental health facilities.
Effective on: 12/20/2022
Office.
Office. Professional, governmental, executive, management or administrative offices of private or public entities. Typical uses include government offices, administrative offices, legal offices, technology businesses, and architectural firms.
Effective on: 12/20/2022
Office Park
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, stormwater management, building design, signage, and landscaping.
Effective on: 12/20/2022
Open Space
Open Space. A land 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 is not defined as existing or future road right-of-ways, streets, driveways, parking areas, or buildings.
Effective on: 12/20/2022
Owner
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 a 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, etc.
Effective on: 12/20/2022
Parking Space, Off-Street
Parking Space, Off-Street. Parking lot area designed and exclusively designated for the purpose of automobile parking. Must be adequate for parking an automobile with room for opening doors on both sides, properly related access to a public street or alley and maneuvering room. All off-street parking spaces shall be located totally outside of any street or alley right-of-way.
Effective on: 12/20/2022
Patio Home
Patio Home. A detached single family dwelling unit, situated on a typically reduced width lot, with a reduced or no side yard setback on one side of the lot to facilitate better overall use of the lot, and to incorporate some aspects of cluster style developments within Conventional Subdivisions. (See SECTION 3159)
Effective on: 12/20/2022
Pawn Shop
Pawn Shop. A business establishment that provides loans, usually short-term, using personal property as collateral and that retains the personal property, or legal title thereof, until the loan is repaid; if the loan is not repaid, such personal property provided as collateral is offered for sale to the public, primarily in an on-premise retail environment. A business establishment that primarily buys personal property for resale to the general public in a retail environment, without the provision of a loan, is also considered to be a pawn shop pursuant to this definition unless it is of a consignment nature. a pawn shop differs from a bank, savings and loan, credit union, or similar establishment in that a pawn shop does not offer routine banking services such as checking, savings, escrow, or similar accounts, nor the sale of certificate of deposits or similar investment instruments, nor credit services other than loans where personal property is used for collateral in accordance with the pawn provisions of the Kentucky Revised Statutes.
Effective on: 12/20/2022
Personal Service.
Personal Service. Typical uses include barber and beauty shops, health clubs, yoga studios, driving schools, martial arts studios, laundry and dry cleaning establishments, and hair, tanning, pet grooming, and personal care services.
Effective on: 12/20/2022
Planned Development
Planned Development. A defined land area to be planned and developed as a single development or an ordered series of developments. A planned development may include a variety of land use types and densities that are characterized by imaginative designs. A planned development's imaginative design shall creatively address architectural design, location of structures, integration of differing land uses, access management, interior vehicular and pedestrian access, stormwater management, landscaping, signage, and the preservation of natural topography, drainage, and vegetation. (See ARTICLE 15 and ARTICLE 16)
Effective on: 12/20/2022
Planning Commission
Planning Commission. Public agency in the county empowered to prepare a comprehensive plan, zoning regulations, subdivision regulations, special regulations, and corridor or special area studies. The planning commission is responsible for evaluating proposed land use changes and their conformance with any applicable plans or regulations.
Effective on: 12/20/2022
Planning Commission's Staff
Planning Commission's Staff. Individuals employed by the Planning Commission or related Boards under direct employment or by a contractual agreement.
Effective on: 12/20/2022
Postal Services
Postal Services. A business establishment that offers private post office boxes for rent, and/or that offers drop-off, pick-up, or packing and crating services for the delivery of letters or packages, and that may include the sale of stamps, packaging materials, or other items necessary for the delivery of letters or packages, provided that the use is of a retail nature and not of a distribution, storage, or transfer nature that is more appropriate in an industrial district unless otherwise qualified by the text of a specific zoning district to allow such distribution, storage, or transfer activities.
Effective on: 12/20/2022
Post Office, U.S.
Post Office, U.S.. A facility operated and occupied by the United States Postal Service for the purpose of delivering, storing, and/or transferring mail, and for carrying out related governmental functions.
Effective on: 12/20/2022
Preapplication Meeting
Preapplication Meeting. Informal discussions between a developer or individual and the planning staff occurring prior to the submission of an application for action by the Planning Commission. The preapplication meeting allows the planning staff to acquaint the applicant with the applicable procedures and regulations, suggest improvements to a proposed design, encourage the applicant to contact appropriate authorities on the provision of public utility service, and provide the applicant with any pertinent information relating to the proposed application.
Effective on: 12/20/2022
Principal Use or Structure
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.
Effective on: 12/20/2022
Project Review Committee
Project Review Committee. The Committee responsible for the technical evaluation of site plan applications required under these regulations. Membership may include, but is not limited to, a representative(s) from the Planning Commission, applicable public works department, applicable water and/or sewer district, applicable county or city engineer, applicable fire district or the Fire Chief’s Association, and the Boone County Building Department. A different project review committee may be formed for any of the legislative bodies served by the Planning Commission.
Effective on: 12/20/2022
Public Assembly Spaces
Public Assembly Spaces. A facility open to the public for the purpose of meetings or public events. Examples include, but are not limited to, auditoriums, exhibition halls, churches, schools and convention centers.
Effective on: 12/20/2022
Public Way
Public Way. A publicly dedicated area in which a public entity or 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, walk, bicycle path.
Effective on: 12/20/2022
Radio and TV Station.
Radio and TV Station. Commercial and public communications uses including telephone exchange stations and radio and television broadcasting and receiving stations and studios.
Effective on: 12/20/2022
Reception Hall.
Reception Hall. A facility that is rented or hired for short term, public or private events of an assembly nature such as wedding receptions, reunions, banquets, conferences, and business meetings. A reception hall may serve food and alcoholic beverages.
Effective on: 12/20/2022
Recreation, Active.
Recreation, Active. Recreational activities or facilities involving moderate to high intensity use requiring modification of natural landforms and the provision of service facilities, playing fields or equipment. These activities typically include sports fields, surface courts, volleyball courts, batting cages, swimming pools, golf courses and country clubs, skateboard facilities, skating rinks, and outdoor lighting.
Effective on: 12/20/2022
Recreation, Commercial.
Recreation, Commercial. Any recreational activity or facility in which a fee is collected or tickets are sold.
Effective on: 12/20/2022
Recreation, Non-Commercial.
Recreation, Non-Commercial. Any recreational activity or facility that is available to no cost, or is available as an amenity for members, employees, residents, or other special populations.
Effective on: 12/20/2022
Recreation, Passive.
Recreation, Passive. Recreational activities or facilities that do not require strenuous physical effort and may occur in a natural setting requiring minimal development, minimal alteration of vegetation and providing area for informal activities. These activities typically include walking, hiking, bird watching, photography, and picnicking.
Effective on: 12/20/2022
Recreation Center
Recreation Center. An indoor facility designed for recreation uses as allowed in these regulations.
Effective on: 12/20/2022
Recreational Vehicle
Recreational Vehicle. A wheeled vehicle designed primarily for the purpose of personal recreation, pleasure, or travel, but not for permanent habitation. Examples of recreational vehicles pursuant to this definition include motor homes, camper trailers, boats, as well as dune buggies, stock cars, and motorcycles that are not street legal. Such wheeled vehicle may also be considered to be a trailer pursuant to the definition in this article.
Effective on: 12/20/2022
Recycling Center
Recycling Center. A completely enclosed facility that collects, sorts, and processes for shipment to a recycling plant inert recoverable resources such as newspapers, cardboard, glass, plastics, and metals.
Effective on: 12/20/2022
Recycling Collection Container
Recycling Collection Container. A dumpster style container used for the collection of inert recyclable materials such as newspapers, cardboard, glass, plastics, or metals, or reuseable materials such as clothing and small household goods, in accordance with SECTION 3157.
Effective on: 12/20/2022
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.
Effective on: 12/20/2022
Religious Assembly.
Religious Assembly. Religious services involving public assembly such as customarily occurs in synagogues, temples, mosques, and churches. Such facilities may secondarily provide social or community services such as counseling, child care, senior services, and educational programs.
Effective on: 12/20/2022
Research and Development Facilities
Research and Development Facilities. An establishment which conducts research, development, or controlled production of high-technology electronic, industrial, or scientific products or laboratories conducting educational or medical research or testing.
Effective on: 12/20/2022
Residential Care Facility
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.
Effective on: 12/20/2022
Residential Care Facility For Handicapped Persons
Residential Care Facility For Handicapped Persons. Any sponsoring private or governmental agency shall be permitted to operate a residential care facility in any residential district, zone or subdivision subject only to compliance with the same limitations upon area, height, yard, screening, parking, number of dwelling units, and number of occupants per dwelling unit as apply to other residences in the district, zone or subdivision. For purposes of determining the number of occupants in a residential care facility, or in any of the dwelling units which comprise the facility, employees of the sponsoring agency providing services to persons with disabilities shall be counted only if their permanent residence is maintained at the facility. No conditional use permit not otherwise required for other residences within a zone or land use category shall be required for the operation of a residential care facility.
Effective on: 12/20/2022
Residential Solid Waste.
Residential Solid Waste. Solid waste generated by and/or resulting from but not limited to the maintenance and operation of dwelling units.
Effective on: 12/20/2022
Residential Storage Warehouse.
Residential Storage Warehouse. An establishment offering individual storage units for rent or lease, predominantly for: (1) individuals to store personal effects; and (2) businesses to store business records, materials, or inventory. In no case may individual units function as an independent retail, wholesale, business, or service use. Individual units may not be used for workshops, hobby shops, manufacturing, dwellings, or similar uses.
Effective on: 12/20/2022
Retail
Retail. A use engaged in the sale of merchandise, and services incidental and directly related to such sales of merchandise, directly to the end purchaser or end user, and where sales to the general public are not restricted or prohibited as may occur in a wholesaling use. A retail use is generally not conducted in conjunction with warehousing or distribution functions, with the exception of factory outlet stores where the retail use is accessory to the warehousing or distribution use.
Effective on: 12/20/2022
Retail Filling Station (Gasoline Filling Station).
Retail Filling Station (Gasoline Filling Station). (this definition only applies to Unincorporated Boone County and the City of Florence and the City of Union) Has the same meaning as in KRS 138.210. Additionally, a retail (gasoline) filling station may offer automotive wash services if permitted in the particular zone as a principally permitted, accessory, or conditional use. Retail (gasoline) filling stations include the following activities that are accessory and incidental to the principal operation:
- A.Sale of cold drinks, packaged food, and similar convenience goods.
- B.Sale of road maps, other travel information material and provision of restroom facilities.
[Ord. # U-O-2024-19, R-24-029-A, 12/16/2024; Ord. # F-O-23-2024, R-24-029-A, 12/17/2024; Ord. # BC-2025-06, R-24-029-A, 01/21/2025]
[Ord. # U-O-2024-19, R-24-029-A, 12/16/2024; Ord. # F-O-23-2024, R-24-029-A, 12/17/2024; Ord. # BC-2025-06, R-24-029-A, 01/21/2025]
Effective on: 1/21/2025
Right-of-Way
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, and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts, and bridges.
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Effective on: 12/20/2022
Roadside Stand
Roadside Stand. A temporary structure designed or used for the display or sale of agricultural and related products.
Effective on: 12/20/2022
Safety Services.
Safety Services. Public safety services that provide fire, police, or life protection, together with the incidental storage and maintenance of necessary vehicles. Typical uses include fire stations, police stations, and public and private ambulance services.
Effective on: 12/20/2022
Satellite Dish
Satellite Dish. A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device is used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition includes but is not limited to what are commonly referred as satellite earth stations, TVROs (television reception only satellite dish antennas), and satellite microwave antennas.
Effective on: 12/20/2022
Schools.
Schools. Public and private schools at the primary, elementary, junior high, or high school level that provides state mandated basic education.
Effective on: 12/20/2022
Sexually Oriented Business
Sexually Oriented Business. A Sexually Oriented Business is an adult arcade, an adult bookstore, an adult cabaret, an adult motion picture theater, or a sexual device shop. Below are additional definitions:
Sewers, Central or Group
Sewers, Central or Group. A central sewage treatment facility for a single development, community, or region with an accompanying a 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.
Effective on: 12/20/2022
Sewers, On-Site
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.
Effective on: 12/20/2022
Shelter, Emergency.
Shelter, Emergency. A facility that provides temporary lodging during times of life-threatening weather conditions or disasters for indigent individuals and/or families with no regular home or residential address or for those temporarily dislocated by disasters.
Effective on: 12/20/2022
Shopping Center
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.
Effective on: 12/20/2022
Short Term Rental.
Short Term Rental. The rental of a residential dwelling unit, or a portion thereof, for a period pf less than thirty (30) days. This term does not include:
- A.A unit that is used for nonresidential purposes, including an educational, health care, retail, restaurant, banquet space, or event center purpose or another similar use.
- B.A bed and breakfast.
- C.A hotel/residence hotel.
(This definition applies to Unincorporated Boone County and the City of Florence only)
Effective on: 12/20/2022
Sidewalk
Sidewalk. A portion of the road right-of-way outside the roadway, or a pathway on private property, which is improved for pedestrian traffic.
Effective on: 12/20/2022
Sidewalk Sale
Sidewalk Sale. An outdoor sale of items by a retail establishment on a sidewalk adjoining the building, not including public sidewalks within public rights-of-way. Such sales can only be conducted by an establishment which regularly conducts business on the same premises where the articles or goods are displayed for sale. The merchandise permitted to be displayed in a sidewalk sale is limited to items which can be carried away by one person without assistance, and such displays shall not impede or hinder pedestrian circulation.
Effective on: 12/20/2022
Sight Distance
Sight Distance. The length of roadway ahead visible to the driver. The minimum sight distance available should sufficiently long to enable a vehicle traveling at or near the design speed to stop before reaching a stationary object in its path.
Effective on: 12/20/2022
Sign
Sign. A device designed to promote and identify an establishment or activity by any means including but not limited to words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images.
The following represents terminology associated with signs: Any device, fixture, placard or structure, including its component parts, which by display of a visual image, words, letters, figures, designs, symbols, colors, illumination, or projected images, draws attention to an object, product, place, activity, opinion, idea, person, institution, organization or place of business, or which identifies or promotes the interests of any person.
Effective on: 12/20/2022
Sign, A-Frame.
Sign, A-Frame. A free standing, movable sign, not secured or attached to the ground or any building or structure, composed of a sign panel and supporting structure or one or more panels which form both the structure and sign face, and which is intended to be placed in a sidewalk or pedestrian way. A-frame or sandwich board signs shall not include trailer signs with or without wheels affixed.
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Effective on: 12/20/2022
Sign, Abandoned.
Sign, Abandoned. A sign and/or supporting structure which no longer identifies a business conducted or product sold on the premises; any advertising sign which no longer directs attention to a bona fide business conducted, product sold, or activity or campaign being conducted or for which no legal owner can be found. A sign shall be deemed as abandoned when the conditions described above have been in evidence for a period exceeding one hundred eighty (180) days. For the purpose of this definition, an advertising sign shall not be deemed abandoned solely because the sign has contained no copy for a period exceeding one hundred eighty (180) days.
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Effective on: 12/20/2022
Sign, Architectural Freestanding
Sign, Architectural Freestanding. A freestanding sign which does not have a bare, exposed, and unadorned pole structure(s), but rather uses: a cover or skirting around the pole structure(s), or; a structure constructed of materials, colors, and design details which match or correlate to the principal building on the site, or; the pole structure(s) is designed to have sculptural or artistic characteristics.
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Effective on: 12/20/2022
Sign, Area.
Sign, Area. The surface area of a sign shall be computed as including the entire area serving as written or graphic advertisement within a regular, geometric form comprising all of the display area of the sign and including all of the elements of the matter displayed. Frames and structural members not used for advertising matter shall not be included in computation of surface area. Where a sign has two (2) display faces back to back, the area of only one (1) face shall be considered the sign area, provided the two (2) sign faces are not visible from one location therefore constituting two (2) signs.
| Building Mounted Sign - Panel | Building Mounted Sign - Individual Letters | Awning Sign - Non Illuminated | ||
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| Awning Sign - Illuminated | Freestanding Sign | Monument Sign | ||
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| Subdivision Entrance Sign | Canopy Sign - No Logo | Canopy Sign - With Logo | ||
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| Area = X x Y | ||||
Effective on: 12/20/2022
Sign, Animated.
Sign, Animated. A sign which uses movement or change of lighting to simulate action or motion.
Effective on: 12/20/2022
Sign, Billboard.
Sign, Billboard. A sign, having an area greater than twenty-five (25) square feet, and which meets any one or more of the following criteria:
- A.A permanent structure sign which is used for the display of off-site commercial messages; or
- B.A permanent structure sign which constitutes a principal, separate or secondary use, as opposed to an accessory use, of the parcel on which it is located; or
- C.An outdoor sign used as advertising for hire, i.e., on which display is made available to parties, other than the owner or operator of the sign or occupant of the parcel (not including those who rent space from the sign owner, when such space is on the same parcel as the sign), in exchange for a rent, fee or other consideration.
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Effective on: 12/20/2022
Sign, Building Mounted
Sign, Building Mounted. A sign which is attached to an exterior wall of a building having a display area which is parallel to that wall.
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Effective on: 12/20/2022
Sign, Canopy.
Sign, Canopy. A sign painted, printed or attached flat against a surface of a canopy.
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Effective on: 12/20/2022
Sign, Changeable Copy, Automatic.
Sign, Changeable Copy, Automatic. A sign, or portion thereof, with characters, letters, or illustrations that can be changed or rearranged through the use of electronic or electro-mechanical technology.
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Effective on: 12/20/2022
Sign, Changeable Copy, Manual.
Sign, Changeable Copy, Manual. A sign, or portion thereof, with characters, letters, or illustrations that can be changed or rearranged by a human being removing or rearranging characters, letters, or illustrations.
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Effective on: 12/20/2022
Sign, Directional.
Sign, Directional. A non-commercial sign of an instructional nature, such as "parking", "exit", or "entrance", displayed solely for the convenience of the public, having no more than twenty-five percent (25%) of such sign area being devoted to the name or logo of the property, business, or profession on the site and containing no business advertising or product trade name identification or listing of any product sold or offered on the premises.
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Effective on: 12/20/2022
Sign, Entrance
Sign, Entrance. A sign that is located near an entrance of a shopping center, mixed use commercial development, planned development, or residential or commercial subdivision which identifies an overall development.
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Effective on: 12/20/2022
Sign, Free Standing.
Sign, Free Standing. A sign which is attached to a self-supporting structure that is placed on, or anchored in, the ground and that is independent of any building.
Effective on: 12/20/2022
Sign, Height.
Sign, Height. The vertical distance measured from the highest point of the sign, including the frame and any embellishments, and the established grade where the sign is located.
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Effective on: 12/20/2022
Sign, Illuminated
Sign, Illuminated. A sign which emits or reflects, either directly or indirectly, artificial light from any source.
Effective on: 12/20/2022
Sign, Menu Board.
Sign, Menu Board. A free standing or building mounted sign primarily designed for the display of menu items and prices for the purpose of placing orders in conjunction with a drive-through service, having no more than twenty-five percent (25%) of such sign area devoted to the name or logo of the property, business or profession on the site.
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Effective on: 12/20/2022
Sign, Monument
Sign, Monument. A freestanding sign with a base width of at least eighty percent (80%) of the width of the longest part of the sign cabinet or sign face.
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Effective on: 12/20/2022
Sign, Nameplate.
Sign, Nameplate. A building mounted sign which gives only the name, address, and/or occupation of the occupant(s) of the building on which it is located.
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Effective on: 12/20/2022
Sign, Off-Premises
Sign, Off-Premises. A sign that displays any message directing attention to a business, product, service, profession, commodity, activity, event, person, institution, or other commercial message which is generally conducted, sold, manufactured, produced, offered, or occurs elsewhere than on the premises where the sign is located.
Effective on: 12/20/2022
Sign, On-Premises
Sign, On-Premises. A sign related to a business or professional conducted, or a commodity or service sold or offered upon the premises where such sign is located and serves as an accessory use to a principal use on the site where such sign is located.
Effective on: 12/20/2022
Sign, Portable
Sign, Portable. Any sign not permanently attached to the ground or to a permanent structure, or a sign designed to be transported, including but not limited to signs designed to be transported by means of wheels, including such signs originally designed to be transported by means of wheels but have had the wheels removed (regardless of whether they are mounted to a pole, building, or other permanent or temporary structure), and signs attached to or painted on parked vehicles that are visible from the public right-of-way, unless said vehicles is used in the normal day-to-day operations of the business.
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Effective on: 12/20/2022
Sign, Projecting
Sign, Projecting. A sign which projects from the exterior of a building or canopy, having a display area which is other than parallel to the face of the building or canopy, and which extends beyond the building wall or canopy more than eighteen (18) inches.
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Effective on: 12/20/2022
Sign, Roof.
Sign, Roof. A sign erected, constructed, or painted, wholly or in part, upon, against, or above the roof of a building. For purposes of these regulations, any portion of a building above or behind the fascia or parapet of a building shall be considered part of the roof.
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Effective on: 12/20/2022
Sign, Temporary.
Sign, Temporary. Any sign or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, plywood, or other light materials, with or without frames, including but not limited to, banners, pennants, flags, balloons, and twirling signs, and/or intended to be displayed for a limited period of time only.
Effective on: 12/20/2022
Sign, Tenant Panel.
Sign, Tenant Panel. A portion of a free standing sign that lists or advertises an individual tenant that occupies the site.
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Effective on: 12/20/2022
Sign, Window.
Sign, Window. A sign which is painted on, or applied or attached to, the interior or exterior of a window or located within three (3) feet of the interior of a window, and which can be seen through the window from the exterior of the structure. Merchandise which is included in a window display shall not be included as a part of a window sign.
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Effective on: 12/20/2022
Signal Progression
Signal Progression. Progressive movement of traffic at a planned rate of speed through adjacent signalized locations within a traffic control system without stopping.
Effective on: 12/20/2022
Single Family Dwelling Unit
Single Family Dwelling Unit. A residential building or structure designed, constructed and occupied by persons living as one housekeeping unit using one kitchen facility. A single family dwelling unit does include a residential care facility for handicapped persons as previously defined and stated in K.R.S. 100.982 and K.R.S. 100.984. Also refer to the definition of “family” in this article.
Effective on: 12/20/2022
Site Plan
Site Plan. A plan prepared to scale showing accurately and with complete dimensioning, 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, stormwater management, landscaping, signage, provision of all required improvements, and the interrelationship of the various site plan components. (See ARTICLE 30)
Effective on: 12/20/2022
Small Cellular Pole
Small Cellular Pole:. A Small Cellular Pole is considered to be a Cellular Telecommunication Facility (see ARTICLE 31). It consists of a single or multiple communication antenna(s) located on a utility pole or other approved structure 35 feet or less in height measured from the base at grade to the top of the pole. It is used to support existing cellular communication networks intended for receiving and transmitting wireless electronic communication including but not limited to wireless data transmission. An antenna or similar type structure six feet or less in height can be installed on a pole and it does not need to meet the 35 feet pole height requirement. Unlike a Cellular Antenna Tower, a Small Cellular Pole transmits a wireless signal to and from a defined area. It uses lower power and provides coverage to a significantly smaller area. A new Small Cellular Pole is constructed for the sole purpose of expanding wireless communication capacity and co-locations on existing utility or city/county owned poles are both subject to the requirements in these regulations.
Effective on: 12/20/2022
Solar Energy System
Solar Energy System. A system, including its individual components and/or subsystems, that collects solar energy for electricity generation, consumption, or transmission, or for thermal applications. (This definition only applies to Unincorporated Boone County and the City of Florence)
[Ord. # BC-2025-05, R-24-036-A, 01/21/2025; Ord. # F-O-13-2025, R-24-036-A, 06/17/2025]
Effective on: 6/17/2025
Solar Energy System, Footprint
Solar Energy System, Footprint. The solar energy system footprint is calculated by drawing a perimeter around the outermost solar energy system panels and any equipment necessary for the equipment to function, such as transformers and inverters. The footprint does not include perimeter fencing, visual buffers, transmission lines, or portions thereof, that are required to connect the system to a utility or customer outside of the solar energy system perimeter. (This definition only applies to Unincorporated Boone County and the City of Florence)
[Ord. # BC-2025-05, R-24-036-A, 01/21/2025; Ord. # F-O-13-2025, R-24-036-A, 06/17/2025]
Effective on: 6/17/2025
Solar Energy System, Ground Mounted
Solar Energy System, Ground Mounted. A solar energy system that is structurally mounted to the ground and does not qualify as a solar energy system, integrated.
- A.Tier 1: A solar energy system, ground mounted, with a footprint of less than 2,500 square feet or no more than ten (10) percent of the roof area of the principal structure.
- B.Tier 2: A solar energy system, ground mounted, with a footprint between 2,500 square feet and five (5) acres.
- C.Tier 3: A solar energy system, ground mounted, with a footprint greater than five (5) acres.
(This definition only applies to Unincorporated Boone County and the City of Florence)
[Ord. # BC-2025-05, R-24-036-A, 01/21/2025; Ord. # F-O-13-2025, R-24-036-A, 06/17/2025]
Effective on: 6/17/2025
Solar Energy System, Integrated
Solar Energy System, Integrated. A solar energy system where the solar materials are incorporated into the building materials, such that the building and solar system are reasonably indistinguishable, or where the solar materials are used in place of traditional building components, such that the solar energy system is structurally an integral part of the building. (This definition only applies to Unincorporated Boone County)
A solar energy system where the solar materials are incorporated into the principal or accessory structure building materials, such that the structure and solar systems are reasonably indistinguishable, or where the solar materials are used in place of traditional building components, such that the solar energy system is structurally an integral part of the principal or accessory structure. (This definition only applies to the City of Florence)
[Ord. # BC-2025-05, R-24-036-A, 01/21/2025; Ord. # F-O-13-2025, R-24-036-A, 06/17/2025]
Effective on: 6/17/2025
Solar Energy System, Rooftop
Solar Energy System, Rooftop. A solar energy system that is structurally mounted to the roof of a building and does not qualify as a solar energy system, integrated. (This definition only applies to Unincorporated Boone County and the City of Florence)
[Ord. # BC-2025-05, R-24-036-A, 01/21/2025; Ord. # F-O-13-2025, R-24-036-A, 06/17/2025]
Effective on: 6/17/2025
Solar Panel.
Solar Panel. An assembly of photovoltaic cells mounted in a framework for installation, that converts energy from sunlight directly to electricity. Solar panels are classified as follows:
- A.Those that are attached to a building shall be treated as part of that building.
- B.Those that are not attached to a building shall be treated as a customary accessory structure.
Effective on: 12/20/2022
Solid Waste
Solid Waste. Any garbage, refuse, sludge and other discarded material, including solid, liquid, semi-solid, or contained gaseous material generated by and/or resulting from, but not limited to, Industrial, commercial, mining (excluding coal mining waste, coal mining by-products, refuse and overburden), and agricultural operation, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges.
Effective on: 12/20/2022
Solid Waste Transfer Station
Solid Waste Transfer Station. A building where municipal solid waste and/or demolition and construction waste is received, unloaded, potentially compacted, and loaded into vehicles for transport to another site for processing or final disposal. A solid waste transfer station shall not accept, handle, or transfer hazardous waste. A solid waste transfer station shall be open for use by both industry customers and the general public.
Effective on: 12/20/2022
Specialized Amusement Facility
Specialized Amusement Facility. An establishment that offers one or more separate, single purpose, recreational attractions such as skateboard parks; bungee, bicycle, or ski jumping; hang gliding; etc, but that does not include live entertainment such as live music performances, theater, or multi-media events.
Effective on: 12/20/2022
Speed Change Lane
Speed Change Lane. A separate lane for the purpose of enabling a vehicle entering or leaving a roadway to increase (acceleration lane) or decrease (deceleration lane) its speed to a rate at which it can more safely merge or diverge with through traffic.
Effective on: 12/20/2022
Stopping Sight Distance
Stopping Sight Distance. The distance traveled by the vehicle from the instant the driver of a vehicle sights an object necessitating a stop, to the instant the brakes are applied, and the distance required to stop the vehicle from the instant brake application begins.
Effective on: 12/20/2022
Storage Lane
Storage Lane. Additional land footage added to a deceleration lane to store the maximum number or vehicles likely to accumulate during a critical period without interfering with the through lanes.
Effective on: 12/20/2022
Story
Story. The portion of a building between the surface of a floor and the ceiling immediately above.
Effective on: 12/20/2022
Structure
Structure. Anything constructed or made, the use of which requires permanent location in or on the ground, or attachment to something having a permanent location in or on the ground, including buildings and signs.
Effective on: 12/20/2022
Street
Street. The full width between property lines bounding every public way or whatever nature, with a part thereof to be used for vehicular traffic and designated as follows: a public or private thoroughfare used, or intended to be used, for vehicular traffic.
Effective on: 12/20/2022
Street Types
Street Types. Refer to the BOONE COUNTY SUBDIVISION REGULATIONS and ARTICLE 32 of these regulations.
Effective on: 12/20/2022
Studio
Studio. A facility used for the production of arts and crafts or a type of dwelling unit.
Effective on: 12/20/2022
Subdivision
Subdivision. Refer to the BOONE COUNTY SUBDIVISION REGULATIONS.
Effective on: 12/20/2022
Substance Abuse Treatment Facility, Inpatient
Substance Abuse Treatment Facility, Inpatient. A facility used for the treatment of alcohol or other drug abuse where one or more patients are provided with meals, and lodging for overnight stays and care.
Effective on: 12/20/2022
Substance Abuse Treatment Facility, Outpatient
Substance Abuse Treatment Facility, Outpatient. A facility used for the treatment of alcohol or other drug abuse where neither meals nor lodging is provided and overnight stays do not occur.
Effective on: 12/20/2022
Swimming Pool
Swimming Pool. A pool, pond, lake, or open tank containing a depth of at least 1.5 feet of water at any point and maintained by the owner or manager:
- A.Private or Resident: Exclusively used without paying an additional charge for admission by the residents and guests of a single household, a multi-family development, or a community, the members and guests of a club, or the patrons of a motel or hotel; and accessory use.
- B.Community: Operated with a charge for admission; a primary use.
Effective on: 12/20/2022
Temporary Storage Trailer
Temporary Storage Trailer. A portable, weather-resistant receptacle designed and used for the storage or shipment of merchandise, and which is delivered and/or removed by truck or trailer. The length of the trailer shall not exceed 53 feet.
Effective on: 12/20/2022
Towing and Impound Lot.
Towing and Impound Lot. Establishments that tow or impound motor vehicles. These establishments may provide storage or impound lots. This definition specifically does not include junkyards or wrecking.
Effective on: 12/20/2022
Townhouse Dwelling Unit
Townhouse Dwelling Unit. A single-family attached dwelling consisting of one dwelling from ground to roof, a 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). Also refer to the definitions of “single family dwelling unit” and “family” in this article.
Effective on: 12/20/2022
Trailer
Trailer. Any wheeled vehicle designed to be hauled, pulled, or towed by automobile, truck, tractor, or other vehicle, including but not limited to campers, utility wagons, construction and farm implements. Such wheeled vehicle may also be considered to be a recreational vehicle pursuant to the definition in this article.
Effective on: 12/20/2022
Transitional Housing Facility
Transitional Housing Facility. A community based residential facility that provides room, board, and counseling or other rehabilitative services for persons with medical and/or social disorders or problems, such as physical or mental disabilities, homelessness, income disparities, drug or alcohol abuse, or behavioral disorders. The purpose of a transitional housing facility is to integrate or transition the residents into mainstream society.
Effective on: 12/20/2022
Trips
Trips. Generate trips referred to in this ordinance are one-way trip ends and not two-way round trips.
Effective on: 12/20/2022
Truck Repair.
Truck Repair. A business establishment that repairs, rebuilds, reconditions, or services trucks, trailers, mobile homes, or recreational vehicles, including but not limited to any of the following activities: body and paint work; engine repair or rebuilding; installation, repair, or reconditioning of tires, brakes, transmissions, mufflers, electrical or air conditioning systems, upholstery, or glass, all on an individual vehicle basis; changing of oil, other fluids, and filters; emissions testing and vehicle inspections.
Effective on: 12/20/2022
Truck Sales.
Truck Sales. A facility offering the sale or rental of trucks, trailers, or recreational vehicles. This use does not include the servicing or maintenance of such vehicles.
Effective on: 12/20/2022
Truck Stop
Truck Stop. A facility designed to provide services to the trucking industry including but not limited to dispensing of fuel, restaurants, showers, and associated retail sales. The permitted uses do not include truck repair, washes, or the sale of vehicles unless such activities are expressly listed as a permitted use for the district in question, and a conditional use permit must be obtained for any activity to be conducted at a truck stop that is listed as a conditional use for the district in question.
Effective on: 12/20/2022
Truck Wash.
Truck Wash. A building, or portion thereof, containing facilities for washing one (1) or more trucks, trailers, mobile homes, or recreational vehicles using production line methods such as chain conveyor, blower, steam cleaning device, or other mechanical devices, or providing space, water, equipment, or soap for the complete or partial cleaning of such vehicles, whether by operator or by customer.
Effective on: 12/20/2022
Use
Use. The specific purposes for which land and/or a building is designated, arranged, intended, or for which it is or may be occupied or maintained.
Effective on: 12/20/2022
Utilities.
Utilities. 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, or other similar equipment and accessories reasonably necessary for furnishing adequate service or for the public health, safety, or general welfare. This definition includes services and utilities that have the potential for substantial land impacts on surrounding areas. Typical uses include, but are not limited to, water and waste water treatment facilities, water storage facilities, and transit stations.
Effective on: 12/20/2022
Utility Pole
Utility Pole. A structure originally constructed for the support of electrical, telephone, cable television, broadband or other video services, street lighting, or other similar cable and is located within the public right of way or a utility easement. A pole originally installed for the primary purpose of supporting wireless telecommunication equipment, regardless of the timeframe between pole installation and transmission equipment operation, is considered a Small Cellular Pole.
Effective on: 12/20/2022
Variance
Variance. A departure from dimensional terms of these regulations pertaining to the height, width, or location of structures, and the size of yards and open spaces where such departure meets the requirements of KRS 100.241 to 100.247.
Effective on: 12/20/2022
Vehicular Use Area (VUA)
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 ARTICLE 36.
Effective on: 12/20/2022
Veterinary Animal Hospital or Clinic
Veterinary Animal Hospital or Clinic. A facility that offers care, diagnosis, and treatment of sick, or injured animals. May include overnight accommodations on site for the treatment, observation and/or recuperation of animals. May include boarding facilities that are incidental and subordinate to the principal activity.
Effective on: 12/20/2022
Vicinity Map
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.
Effective on: 12/20/2022
Video Store
Video Store. A business which primarily rents and/or sells video media such as digital video discs and electronic games to the public, and which may secondarily sell and/or rent related equipment such as DVD players and game consoles.
Effective on: 12/20/2022
Warehousing and Distribution
Warehousing and Distribution. A use engaged in storage, wholesale, transfer, and/or distribution of manufactured products, bulk materials, food and drink, supplies, and/or equipment.
Effective on: 12/20/2022
Welfare and Charitable Services
Welfare and Charitable Services. An office use with a social service orientation that may also provide client services such as rehabilitation, personal development, counseling, outreach programs, or distribution of material goods for daily living needs. For the purposes of these regulations, welfare and charitable services does not include residential based or in-patient programs.
Effective on: 12/20/2022
Wholesaling
Wholesaling. A use engaged in volume or on-going sales of manufactured goods, bulk materials, food and drink, supplies, and/or equipment to a retailer or other middle man, but not to the end purchaser or end user, and where sales to the general public is commonly restricted or prohibited. Wholesaling is typically conducted in, and considered a part of, a warehousing and distribution environment in contrast to a retail or commercial environment.
Effective on: 12/20/2022
Wireless Communications
Wireless Communications. Any personal wireless services as defined in the Telecommunications Act of 1996, which includes FCC licensed commercial wireless telecommunications services including cellular, personal communication (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may be developed in the future.
The following represents terminology associated with Wireless Communications:
Yard
Yard. A required open space unoccupied an unobstructed by any structure or portion of a structure from three (3) feet above the general ground level of the graded lot upward; provided accessories, ornaments, and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.
- A.Yard, Corner Side: A corner side yard is a side yard which adjoins a street or road and which extends between the side of the principal building to the right-of-way line(s) at the side of the lot, and between the front building line and the rear lot line(s).
- B.Yard, Front: A yard extending between side lot lines across the front of a lot and from the front lot line(s) to the principal building. For flag lots, the front yard is the yard area between the structure and the property line(s) of the neighboring lot, however, for measurement purposes, this area shall meet the corner side yard setback requirement.
- C.Yard, Rear: A yard extending between side lot lines, or between a side lot line and corner side yard if applicable, across the rear of a lot and from the rear lot line(s) to the rear of the principal building.
- D.Yard, Side: A yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards. For flag lots, the side yard is the area between the structure and the property line(s) of the neighboring lot, however, for measurement purposes, this area shall meet the corner side yard setback requirement.
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Effective on: 12/20/2022
Zoning Administrator
Zoning Administrator. The individual appointed by the county and city legislative bodies to administer, interpret, and enforce the provisions of the zoning regulations, pursuant to the provisions of these regulations and Chapter 100 of the Kentucky Revised Statutes.
Effective on: 12/20/2022
Zoning District
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, the maximum height and minimum setbacks for any proposed structures, and other matters as specified in these regulations.
Effective on: 12/20/2022
Zoning Map Amendment
Zoning Map Amendment. A change to the existing zoning district boundaries pursuant to ARTICLE 3 of these regulations and Chapter 100 of the Kentucky Revised Statutes. Commonly known as a zone change.
Effective on: 12/20/2022
Zoning Map
Zoning Map. The map officially adopted by the appropriate legislative body or Fiscal Court pursuant to ARTICLE 3 of these regulations and Chapter 100 of the Kentucky Revised Statutes that delineates the boundaries of all officially adopted zoning districts. The official zoning map may include geographic information, such as the location of streets, railroads, water courses or bodies, and/or public facilities, that is provided for benchmark or orientation purposes.
Effective on: 12/20/2022
Zoning Permit
Zoning Permit. A permit issued by the Planning Commission in accordance with ARTICLE 4 of these regulations authorizing the permitted use of lot and/or a structure and its accompanying characteristics.
Effective on: 12/20/2022
Zoning Regulations
Zoning Regulations. The minimum land use requirements for each zoning district, adopted for the promotion of the public health, safety, morals and general welfare, pursuant to ARTICLE 3 of these regulations and Chapter 100 of the Kentucky Revised Statutes. 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.
Effective on: 12/20/2022
Adult Arcade
Adult Arcade is a commercial establishment to which the public is permitted or invited that maintains booths or rooms smaller than one hundred (100) square feet, wherein image-producing devices are regularly maintained to show images characterized by their emphasis upon matter exhibiting "specified sexual activities" or "specified anatomical areas".
Effective on: 12/20/2022
Adult Bookstore
Adult Bookstore is a commercial establishment which, as one of its principal business activities, offers for sale or rental for any form of consideration any one or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides or other visual representations which are characterized by their emphasis upon the display of "specified sexual activities" or “specified anatomical areas."
A "principal business activity" exists where the commercial establishment meets any one or more of the following criteria:
- A.At least thirty-five percent (35%) of the establishment’s displayed merchandise consists of said items, or
- B.At least thirty-five percent (35%) of the establishment’s revenues derive from the sale or rental, for any form of consideration, of said items, or
- C.The establishment maintains at least thirty-five percent (35%) of its floor space for the display, sale, and/or rental of said items (aisles and walkways used to access said items, as well as cashier stations where said items are rented or sold, shall be included in “floor space” maintained for the display, sale, or rental of said items), or
- D.The establishment maintains at least five hundred square feet (500 sq. ft.) of its floor space for the display, sale, and/or rental of said items (aisles and walkways used to access said items, as well as cashier stations where said items are rented or sold, shall be included in “floor space” maintained for the display, sale, or rental of said items), or
- E.The establishment regularly offers for sale or rental at least five hundred (500) of said items, or
- F.The establishment regularly makes said items available for sale or rental and holds itself out, in any medium, as an establishment that caters to adult sexual interests.
Effective on: 12/20/2022
Adult Cabaret
Adult Cabaret is a nightclub, bar, juice bar, restaurant, bottle club, or similar commercial establishment, that regularly offers live semi-nude conduct. No establishment shall avoid classification as an adult cabaret by offering nude conduct.
Effective on: 12/20/2022
Adult Motion Picture Theater
Adult Motion Picture Theater is a commercial establishment to which the public is permitted or invited that maintains viewing rooms that are one hundred (100) square feet or larger wherein films or videos characterized by their emphasis upon "specified sexual activities" or "specified anatomical areas" are regularly shown.
Effective on: 12/20/2022
Characterized by
Characterized by means describing the essential character or quality of an item. As applied in this set of zoning regulations, no business shall be classified as a sexually oriented business by virtue of showing, selling, or renting materials rated NC – 17 or R by the Motion Picture Association of America.
Effective on: 12/20/2022
Floor Space
Floor Space means the floor area inside an establishment that is visible or accessible to patrons for any reason, excluding restrooms.
Effective on: 12/20/2022
Nudity or Nude Conduct
Nudity or Nude Conduct is defined as the showing of the human male or female genitals, pubic area, vulva, or anus, with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple and areola. For purposes of this definition, a "fully opaque covering" must not consist of any substance that can be washed or peeled off the skin (such as paint, make-up, or latex).
Effective on: 12/20/2022
Regional Shopping Mall (Enclosed)
Regional Shopping Mall (Enclosed) means a group of retail and other commercial establishments that is planned, developed, and managed as a single property, with on-site parking provided around the perimeter of the shopping center, and that is generally at least forty acres in size and flanked by two or more large “anchor” stores, such as department stores. The common walkway or “mall” is enclosed, climate-controlled and lighted, usually with an inward orientation of the stores facing the walkway.
Effective on: 12/20/2022
Regularly
Regularly means the consistent and repeated doing of an act on an ongoing basis.
Effective on: 12/20/2022
Semi-Nude or Semi-Nudity
Semi-Nude or Semi-Nudity is defined as the showing of the female breast below a horizontal line across the top of the areola and extending across the width of the breast at that point, or the showing of the male or female buttocks, with less than a fully opaque covering. This definition shall include the lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breasts exhibited by a bikini, dress, blouse, shirt, leotard, or similar wearing apparel provided the areola is not exposed in whole or in part. For purposes of this definition, a "fully opaque covering" must not consist of any substance that can be washed or peeled off the skin (such as paint, make-up, or latex).
Effective on: 12/20/2022
Sexual Device
Sexual Device is any 3 dimensional object designed for stimulation of the male or female human genitals, anus, buttocks, nipple, or for sadomasochistic use or abuse of oneself or others and shall include devices commonly known as dildos, vibrators, penis pumps, cock rings, anal beads, butt plugs, nipple clamps, and physical representations of the human genital organs. Nothing in this definition shall be construed to include devices primarily intended for protection against sexually transmitted diseases or for preventing pregnancy.
Effective on: 12/20/2022
Sexual Device Shop
Sexual Device Shop is a commercial establishment:
- A.where more than one hundred 9100) sexual devices are regularly made available for sale or rental; or
- B.where sexual devices are regularly made available for sale or rental and the establishment regularly gives special prominence to sexual devices (e.g., by using lighted display cases for sexual devices, having a room or discrete area of the establishment significantly devoted to sexual devices, positioning sexual devices near cash registers or similar points of sale, hosting events focused on sexual devices, or holding itself out to the public as a place that focuses on sexual devices).
This definition shall not be construed to include an establishment located within an enclosed regional shopping mall, an establishment containing a pharmacy that employs a licensed pharmacist to fill prescriptions on the premises, or an establishment that is enrolled in Medicare as a durable medical equipment, prosthetics, and supplies (DEMPOS) supplier.
Effective on: 12/20/2022
Specified Anatomical Areas
Specified Anatomical Areas means and includes: (a) less than completely and opaquely covered: human genitals, pubic region; buttock; and female breast below a point immediately above the top of the areola; and (b) human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Effective on: 12/20/2022
Specified Sexual Activity(ies)
Specified Sexual Activity(ies) means any of the following: (a) intercourse, oral copulation, masturbation or sodomy; or (b) excretory functions as a part of or in connection with any of the activities described in (a) above.
Effective on: 12/20/2022
Viewing Room
Viewing Room means the room or booth where a patron of a sexually oriented business would ordinarily be positioned while watching a film, videocassette, digital video disc, or other video on an image-producing device.
Effective on: 12/20/2022
Antennas or related equipment
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.
Effective on: 12/20/2022
Cellular Communication Services
Cellular Communication Services: Personal Wireless Service accessed by mean of cellular equipment and services, which uses radio signals transmitted through cell sites and mobile switching stations.
Effective on: 12/20/2022
Co-Location
Co-Location: Locating two (2) or more transmission antennas or related equipment on the same wireless antenna tower.
Effective on: 12/20/2022
Equipment Facility
Equipment Facility: Any structure used to contain ancillary equipment for a wireless antenna tower which includes cabinets, shelters, a build out of an existing structure, pedestals, and other similar structures.
Effective on: 12/20/2022
Height
Height: The distance measured from ground level to the highest point on the antenna tower including the Antenna Array.
Effective on: 12/20/2022
Lattice Tower
Lattice Tower: A tower consisting of a webbed network of support structures.
Effective on: 12/20/2022
Monopole
Monopole: A tower consisting of one solid support structure from base to antenna.
Effective on: 12/20/2022
Personal Communication Service
Personal Communication Service: As defined in 47 U.S.C. section 332(c).
Effective on: 12/20/2022
Stealth Tower
Stealth Tower: A tower that is built to resemble a flag pole, tree, church spire, etc. while blending in with the surroundings.
Effective on: 12/20/2022
Support Structure
Support Structure: A structure designed and constructed specifically to support an antenna and may include a monopole, self supporting (lattice), guy-wire-support tower and other similar structures.
Effective on: 12/20/2022
Telecommunication Facility
Telecommunication Facility: The lot, tract, or parcel of land that contains the telecommunications antenna, its support structure, any accessory buildings, and parking, and may include other uses associated with and ancillary to telecommunications transmission.
Effective on: 12/20/2022
Uniform Application
Uniform Application: An application to construct an antenna tower submitted to a Planning Commission in conformity with Sections 3 and 5 of HB 270.
Effective on: 12/20/2022
Utility
Utility: As defined in KRS 278.010(3).
Effective on: 12/20/2022
Wireless Communications Antenna Tower (Cell Tower):
Wireless Communications Antenna Tower (Cell Tower): Any structure that is designed and constructed primarily for the purpose of supporting one or more cellular antennas. This includes guyed towers, lattice towers, monopoles, alternative cellular antenna tower structures and towers taller than 20 feet constructed on top of another building, along with any separate building on the lot used to house any supporting electronic equipment.
Effective on: 12/20/2022
Wireless Communication Facility or Antenna
Wireless Communication Facility or Antenna: Any structure or device used to collect or radiate electromagnetic waves, including both directional antennas, such as panels, microwave dishes and satellite dishes, and omni-directional antennas, such as whips, at frequencies on the electromagnetic spectrum as the FCC from time to time may designate, used for cellular telecommunications services and/or personal communications services, but not including such structures or devices when used for the broadcast of television of AM or FM radio stations or for citizens’ band or amateur radio use. Examples of cellular telecommunications or personal communications services include, but are not limited to, cellular telephone, paging, public safety, data transmission. Specialized Mobile Radio, Enhanced Specialized Mobile Radio, and other commercial private radio services.
Effective on: 12/20/2022
W
Wireless Telecommunication Services: A retail telecommunications service that uses radio signals transmitted through wireless sites and mobile switching stations.
Effective on: 12/20/2022