For the purposes of this ordinance, certain terms, phrases, words, and their derivatives are herewith defined as follows:

Words used in the future tense include the present;

Words used in the present tense include the future;

Words used in the singular include the plural;

Words used in the plural include the singular;

Words used in the masculine include the feminine;

Words used in the feminine include the masculine;

The word "shall" is mandatory;

The word "may" shall be deemed as permissive.

ACCESSORY BUILDING, STRUCTURE, OR USE, CUSTOMARY: A "customary accessory building, structure, or use" is one which:

1. Is subordinate to and serves the principal building or principal use;
2. Is subordinate in area, extent, or purpose to the principal building or principal use served;
3. Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served; and
4. Is located on the same lot as the principal building or principal use served, with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same lot with the building or use served.
5. Includes, but is not limited to, detached garages, sheds, barns, gazebos, patios, decks (both detached and attached), swimming pools, hot tubs, fences, retaining walls, driveways, parking lots, sidewalks, detached stairways and lifts.

[Ord. # 2021-02, adding structures to the definition, 02/11/2021] 

Effective on: 1/1/1901

ACCESS POINT: An access point is:

1. A driveway, a local street, or a collector street intersecting an arterial street;
2. A driveway or a local street intersecting a collector street; or
3. A driveway or a local street intersecting a second local street.

Effective on: 1/1/1901

AGRICULTURE: The use of land for major agricultural purposes, including agriculture, dairying, farming, floriculture, horticulture, pasturage, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory use shall be secondary to that of the normal agricultural activities.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

ALLEY: Public rights-of-way which normally affords a secondary means of access to abutting property.

Effective on: 1/1/1901

ALTERATION: Any construction, replacement, or change to the exterior of a building or structure when it is visible to the public. An Alteration shall include a proposed sign or changes to an existing sign. Painting of already painted brick or stone (this does not include never before painted brick or stone) and routine maintenance and repairs shall not be considered alterations.

[Ord. # 2021-02, adding "...already painted brick or stone...", 02/11/2021]

Effective on: 1/1/1901

APARTMENT: A portion of a building consisting of a room or suite of rooms intended, designed, or used as a permanent residence by an individual or one (1) family.

Effective on: 1/1/1901

APARTMENT HOUSE: See DWELLINGS, MULTI-FAMILY.

Effective on: 1/1/1901

AUTOMOBILE LAUNDRY: A building or portion thereof, containing facilities for washing more than two (2) automobiles, using production line methods. The use of personnel for one or more phases of this operation in conjunction with or without complete automatic or mechanical devices does not alter its classification. For the purpose of this ordinance, coin operated devices, of the above nature, which are operated on a self-service basis shall be construed to be the same.

Effective on: 1/1/1901

AUTOMOBILE AND TRAILER SALES AREAS: Any area used for the display, sale, or rental of new or used automobiles or trailers, and where only minor incidental repair of such automobiles or trailers may take place.

Effective on: 1/1/1901

BASEMENT: That portion of a building between floor and ceiling, which is so located that the vertical distance from the average level of the adjoining grade to the floor below is greater than the vertical distance from the average level of the adjoining grade to the ceiling.

Effective on: 1/1/1901

BILLBOARD: a sign, having an area greater than twenty-five (25) square feet, and which meets any one or more of the following criteria:

1. a permanent structure sign which is used for the display of offsite commercial messages;
2. 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
3. an outdoor sign used as advertising for hire, i.e., on which display space 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.

Effective on: 1/1/1901

BOARD: The Ludlow Urban Design Review Board as established in ARTICLE XX.

Effective on: 1/1/1901

BOARD OF ADJUSTMENTS: Board of Adjustments of the legislative body.

Effective on: 1/1/1901

BREWPUB: Establishments primarily engaged in the retail sale of prepared food for consumption, which includes the brewing of beer as an accessory use. The brewing operation processes the ingredients to make beer and ale by mashing, cooking, and fermenting. The brewing operation does not include the production of any other alcoholic beverage.

Effective on: 1/1/1901

BUFFER AREA: Areas so planned and/or zoned which act as a buffering or separation area between two (2) or more uses or structures not compatible, due to design, function, use, or operation.

Effective on: 1/1/1901

BUILDING: A structure enclosed within exterior walls or firewalls for the shelter, housing, support, or enclosure of persons, animals, or property of any kind.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

BUILDING AREA OR LOT COVERAGE BY BUILDING: That portion of a lot or building site that can be legally occupied by the ground floor of the principal building or use and all permitted accessory uses.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

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

Effective on: 1/1/1901

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

Effective on: 1/1/1901

BUILDING INSPECTOR: The official or officials appointed by the legislative body to administer and enforce the building codes.

Effective on: 1/1/1901

BUILDING PERMIT: A permit issued by the legislative body's city coordinator authorizing the construction or alteration of a specific building, structure, sign, or fence.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

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

Effective on: 1/1/1901

BUILDING SITE: One contiguous piece of land that meets all of the provisions of the legislative body's ordinances, regulations, and codes for building on said site.

Effective on: 1/1/1901

CABINET: Cabinet for Health and Family Services

[Ord. # 2024-8, Added definition of Cabinet for Medical Cannabis, 12/14/2024]

Effective on: 12/14/2024

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

Effective on: 1/1/1901

CANNABIS BUSINESS: An entity licensed under KRS Chapter 218B as a cultivator, dispensary, processor, producer, or safety compliance facility

[Ord. # 2024-8, Added definition of Cannabis Business for Medical Cannabis, 12/14/2024]

Effective on: 12/14/2024

CANOPY (MARQUEE): A roof-like structure open on three (3) sides serving the purpose of protecting pedestrians from rain, snow, sun, or hail, which structure projects from a building.

Effective on: 1/1/1901

CARPORT: See GARAGE, PRIVATE.

Effective on: 1/1/1901

CERTIFIED LOCAL GOVERNMENT: A government meeting the requirements of the National Historic Preservation Act in the implementing regulations of the U. S. Department of Interior and the Kentucky Heritage Council.

Effective on: 1/1/1901

CHANGEABLE COPY SIGN, AUTOMATIC: “Automatic changeable copy sign” means a type of sign on which the copy changes automatically through the use of electronic or electro-mechanical technology. All changeable copy shall be included within the allotted face of sign square footage.

Effective on: 1/1/1901

CHANGEABLE COPY SIGN, MANUAL: “Manual changeable copy sign” means any sign on which copy for all or a portion of the sign can be changed by a human being removing or rearranging letters, symbols or numerals. All changeable copy shall be included within the allotted face of sign square footage.

Effective on: 1/1/1901

CHILD DAY CARE CENTER: See NURSERY SCHOOL.

Effective on: 1/1/1901

CITIZEN MEMBER: Any member of the Planning Commission or Board of Adjustments who is not an elected or appointed official or employee of the legislative body.

Effective on: 1/1/1901

CITY: The City of Ludlow, Kentucky.

Effective on: 1/1/1901

CLINIC, ANIMAL: A building used by medical persons for the treatment of small animals on an out-patient basis only, without animal runs.

Effective on: 1/1/1901

CLINIC, HUMAN CARE: A building used by medical persons for the treatment of persons on an out-patient basis only.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

COMMERCIAL MESSAGE: Words, symbols, logos, pictures or any combination thereof that identify which directs attention to a business, commodity, service or entertainment sold or offered for sale or a fee.

Effective on: 1/1/1901

COMMISSION (PLANNING COMMISSION OR PLANNING AND ZONING COMMISSION): The Kenton County and Municipal Planning and Zoning Commission, Kenton County, State of Kentucky.

Effective on: 1/1/1901

COMPLEX (COMMERCIAL): Multiple sites that do not meet the definition of “Center, integrated” but that meet all of the following criteria: the sites are cumulatively contiguous; the sites form a defined geographic area, typically extending to public streets, highways, waterways or other natural or human-built geographic boundaries; the owners or agents for the owners of the sites have common interests in promoting business and other activity in the defined geographic area.

Effective on: 1/1/1901

COMPREHENSIVE (MASTER) PLAN: A guide for public and private actions and decisions to assure the development of public and private property in the most appropriate relationships. It shall contain, as a minimum, the following elements:

1. A statement of goals and objectives, principles, policies, and standards;
2. A land use plan element;
3. A transportation plan element;
4. A community facilities plan element;
5. May include any additional elements such as, without being limited to, community renewal, housing, flood control, pollution, conservation, natural resources, regional impact, historic preservation, and others.

Effective on: 1/1/1901

CONCEALED LIGHTING: An artificial light source intended to illuminate the face of a sign, the direct source of which is shielded from public view and surrounding properties.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

CONDITIONAL USE PERMIT: Legal authorization to undertake a conditional use, issued by the zoning administrator, pursuant to authorization by the board of adjustments, consisting of two parts:

1. A statement of the factual determination by the board of adjustments which justifies the issuance of the permit; and
2. A statement of the specific conditions which must be met in order for the use to be permitted.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

COUNCIL: The Ludlow City Council.

Effective on: 1/1/1901

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

[Ord. # 2024-8, Added definition of Cultivator for Medical Cannabis, 12/14/2024]

Effective on: 12/14/2024

CURB CUT: Any interruption, or break in the line of a street curb in order to provide vehicular access to a street. In the case of streets without curbs, curb cuts shall represent construction of any vehicular access which connects to said street.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

DEMOLITION: Any act destroying in whole or in part or moving a landmark, or building or structure deemed by the Board to be of historic significance.

Effective on: 1/1/1901

DESIGNATED PROPERTY: A landmark or a building or structure in a historic district. Designated Property shall include all lots within a historic district and the entire lot containing a landmark.

Effective on: 1/1/1901

DEVELOPMENT PLAN: Written and graphic material for the provision of a development, including any or all of the following: location and bulk of buildings and other structures, intensity of use, density of development, streets, ways, parking facilities, signs, drainage of surface water, and all other conditions agreed to by the applicant.

Effective on: 1/1/1901

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

[Ord. # 2024-8, Added definition of Dispensary for Medical Cannabis, 12/14/2024]

Effective on: 12/14/2024

DISTRICT: For purposes of this ordinance, synonymous with "ZONE".

Effective on: 1/1/1901

DORMITORY: A residence hall providing rooms for individuals or groups.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

DWELLING, ATTACHED, SINGLE-FAMILY: A dwelling unit which is attached to one or more dwelling units, each of which has independent access to the outside of the building to ground level and which has no less than two (2) exterior walls fully exposed and not in common with the exterior walls of any other unit.

Effective on: 1/1/1901

DWELLING, DETACHED, SINGLE-FAMILY: A dwelling standing by itself and containing only one (1) dwelling unit, separate from other dwellings by open space, but shall not include mobile homes.

Effective on: 1/1/1901

DWELLING, TRAILER: See MOBILE HOME.

Effective on: 1/1/1901

DWELLING, TWO-FAMILY: A residential building designed, arranged, or used exclusively by two (2) families, living independently of each other.

Effective on: 1/1/1901

DWELLING, MULTI-FAMILY: A residential building having three (3) or more dwelling units, as separate housekeeping units.

Effective on: 1/1/1901

DWELLING UNIT: A building, or portion thereof, providing complete housekeeping facilities for one (1) person or one (1) family.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

EATING ESTABLISHMENTS -- RESTAURANTS: A restaurant is an establishment selling food items ordered from a menu and prepared on the premises for immediate consumption.

1. Carry-out -- A fast service restaurant which does not have sit down eating arrangements and consumption of food on the premises is prohibited (or discouraged).
2. Drive-in -- A restaurant where consumption of food on the premises is encouraged (in car, no seating facilities) and where food is provided by "car-hop" or self-service.
3. Sit-Down Restaurants -- Those restaurants which provide seating arrangements.
4. Combination -- A restaurant which provides any combination of sit down, carry out, and/or drive - in services.

Effective on: 1/1/1901

ENCLOSED LOCKED FACILITY: An indoor growing space such as a room, greenhouse, building, or other indoor enclosed area that is maintained and operated by a cultivator or a producer and is equipped with locks and other security devices that permit access only by authorized agents of the cultivator or producer, as required by the cabinet.

[Ord. # 2024-8, Added definition of Enclosed Locked Facility for Medical Cannabis, 12/14/2024]

Effective on: 12/14/2024

ESSENTIAL SERVICES: The erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply, or disposal systems; including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, and other similar equipment and accessories reasonably necessary for furnishing adequate service or for the public health, safety, or general welfare.

Effective on: 1/1/1901

FAMILY: An individual or two (2) or more persons related by blood or marriage, or group of not more than three (3) persons (excluding servants) who need not be related by blood or marriage, living together in a single housekeeping unit as their common home for the time, as distinguished from a group occupying a boarding house, lodging house, hotel, club, fraternity or sorority house.

Effective on: 1/1/1901

FAMILY CHILD-CARE HOME: Family child-care home means a private home that is the primary residence of an individual who provides full or part-time care day or night for six (6) or fewer children who are not the children, siblings, stepchildren, grandchildren, nieces, nephews, or children in legal custody of the provider. 

 

[Ord. # 2022-4, Updating definition for compliance with Senate Bill 148 and KRS 199, 05/12/2022] 

Effective on: 5/12/2022

FENCE: A structure made of wire, wood, metal, masonry, or other material, including hedges.

Effective on: 1/1/1901

FILLING STATION: See SERVICE STATION.

Effective on: 1/1/1901

FLOOD: A general and temporary condition of partial or complete inundation of normally dry land areas from: (a) the overflow of inland waters; (b) the unusual and rapid accumulation of runoff of surface waters from any source; and (c) mudslides (i.e., mudflows) which are proximately caused or precipitated by accumulations of water on or under the ground.

Effective on: 1/1/1901

FLOOD - 100 YEAR FREQUENCY: The highest level of flooding that, on the average, is likely to occur once every 100 years.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

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

Effective on: 1/1/1901

FLOODWAY ENCROACHMENT LINES: The lines marking the limits of floodways on the official zoning map.

Effective on: 1/1/1901

FLOOR AREA, GROSS: The sum of the gross horizontal area of the several floors of a dwelling unit or units exclusive of porches, balconies, and garages, measured from the exterior faces of the exterior walls or from the centerline of walls or partitions separating dwelling units.

For uses other than residential, the gross floor area shall be measured from the exterior faces of the exterior walls or from the centerlines of walls or partitions separating such uses and shall include all floors, lofts, balconies, mezzanines, cellars, basements, and similar areas devoted to such uses.

The gross floor area shall not include floors used for parking space when such parking pertains to a residential, commercial, or office used in the same structure.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

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

Effective on: 1/1/1901

FRONTAGE: All the property abutting one (1) side of the right-of-way of a street, measured along the right-of-way line of the street between the intersecting lot lines. In no case shall the line along an alley be considered as acceptable frontage. For purposes of this definition, frontage for a building wall shall be measured for the wall that is most nearly parallel to that street. In no case shall the same building wall be considered to have more than one frontage.

Effective on: 1/1/1901

GARAGE, PRIVATE: A building used for the storage of vehicles and clearly accessory to the principal use permitted.

Effective on: 1/1/1901

HISTORIC DISTRICT: An area of architectural, historical, or cultural significance that meets one or more of the criteria contained in SECTION 20.1, F., 1., of this ordinance and that has been designated by Council.

Effective on: 1/1/1901

HOLIDAY 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.”

Effective on: 1/1/1901

HOME OCCUPATION: An accessory use customarily conducted entirely within a dwelling, as permitted herein and further meeting all requirements of this ordinance.

Effective on: 1/1/1901

HOSPITAL (HUMAN CARE): A building used by medical persons for treatment of persons generally on an in-patient basis.

Effective on: 1/1/1901

HOSPITAL (ANIMAL): A building used by medical persons for treatment of animals generally on an in-patient basis and may have outside runs.

Effective on: 1/1/1901

HOTEL-MOTEL: A building or buildings to be used for the temporary abiding place for travelers and transient guests.

Effective on: 1/1/1901

HOUSE TRAILER: See MOBILE HOME.

Effective on: 1/1/1901

INVENTORY OF HISTORIC PROPERTIES AND SITES: A catalog of historical sites.

Effective on: 1/1/1901

JUNK YARD: An open area where waste materials are bought, sold, exchanged, stored, shredded, baled, packed, disassembled, etc., including, but not limited to, scrap metals, paper, rags, rubber tires, bottles, inoperative motor vehicles, etc.

Effective on: 1/1/1901

KENNEL: Any area specifically used for the raising, boarding, or harboring of small domestic animals.

Effective on: 1/1/1901

LABORATORY, MEDICAL OR DENTAL: A building or a portion of a building used for providing bacteriological, biological, medical, x-ray, pathological, and similar analytical or diagnostic services to doctors or dentists.

Effective on: 1/1/1901

LANDMARK: A building or structure of architectural, historical, or cultural significance that meets one or more of the criteria contained in SECTION 20.1, F., 1., of this ordinance and that has been designated by Council.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

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

Effective on: 1/1/1901

LEGIBLE: A sign or message is “Legible” when it can be understood by a person with an eighth-grade education (or more). Where this Article requires a determination of “visibility” or “legibility,” the standard shall be based on the eyesight of an adult eligible to receive a Kentucky driver’s license (wearing any corrective lenses required by such license). Where the height of the person is material to the determination, the person shall be presumed to be more than five feet and less than six feet tall.

Effective on: 1/1/1901

LEGISLATIVE BODY: City of Ludlow, Kentucky.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

LOADING AND/OR UNLOADING SPACE: A space used for the temporary standing, loading and/or unloading of vehicles.

Effective on: 1/1/1901

LOT: A parcel of land or any combination of several lots of record, occupied or intended to be occupied by a principal building or a building group, as permitted herein, together with their accessory buildings or uses and such access, yards, and open spaces required under this ordinance.

Effective on: 1/1/1901

LOT AREA: The total area of a horizontal plane bounded by the front, side, and rear lot lines, but not including any area occupied by rights-of-way, the waters of any lake or river, and shall be in one (1) zone only.

Effective on: 1/1/1901

LOT, CORNER: A "corner lot" is a lot situated at the intersection of two streets or on a curved street on which the interior angle of such intersection or curved streets does not exceed one hundred thirty-five (135) degrees.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

LOT, DOUBLE FRONTAGE: A lot other than a corner lot that has frontage on more than one (1) street.

Effective on: 1/1/1901

LOT, INTERIOR: A lot other than a corner lot with only one (1) frontage on a deeded and occupied public right-of-way.

Effective on: 1/1/1901

LOT LINE, FRONT: The common boundary line of a lot and a street right of-way line. In the case of a corner lot or a double frontage lot, the common boundary line and that street right-of-way line toward which the principal or usual entrance to the main building faces.

Effective on: 1/1/1901

LOT LINE, REAR: The boundary line of a lot which is most nearly opposite the front lot line of such lot. In the case of a triangular or wedge shaped lot, for measurement purposes only, a line ten (10) feet in length within the lot parallel to and at the maximum distance from the front lot line. In the case of a corner lot, providing that all requirements for yard space are complied with, the owner may choose either side not abutting a street as the rear lot line, even though it is not opposite the front lot line. Once the choice has been made, it cannot be changed unless all requirements for yard space can be complied with.

Effective on: 1/1/1901

LOT LINE, SIDE: Any boundary line of a lot, other than a front lot line or rear lot line.

Effective on: 1/1/1901

LOT OF RECORD: A designated fractional part or subdivision of a block, according to a specific recorded plat or survey, the map of which has been officially accepted and recorded in the office of the appropriate county clerk, state of Kentucky.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

MICROBREWERY: Establishments engaged in on-site brewing of beer and sales of beer by the glass for on-premise consumption. These establishments are primarily used for the production of beer and ale and may include retail and food service as an accessory use. The brewing operation processes the ingredients to make beer and ale by mashing, cooking, and fermenting. The brewing operation does not include the production of any other alcoholic beverage.

Effective on: 1/1/1901

MICRO-DISTILLERY: Establishments primarily engaged in on-site distillation of spirits and may include retail and food service as an accessory use. The distillery operation processes the ingredients to make spirits by mashing, cooking, and fermenting. The micro-distillery operation does not include the production of any other alcoholic beverage.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

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

Effective on: 1/1/1901

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

Effective on: 1/1/1901

MOBILE HOME: Any coach, cabin, mobile home or other mobile structure in a single unit which is intended, designed, and used for the fixed residence of a person, family, or a household, mounted upon wheels or supports, or supported and/or capable of being moved or transported by another vehicle. For the purpose of this ordinance, the removal of wheels and/or the attachment of a foundation to said mobile structure shall not change its classification.

Effective on: 1/1/1901

MOBILE HOME PARK: Any lot, parcel, or premises, subdivided, designed, maintained, intended, and/or used to accommodate ten (10) or more mobile homes, and meets the requirements as specified in this ordinance. For the purpose of this ordinance, any lot or premises used for the wholesale or retail sale of mobile homes shall not be included within this definition. Double width mobile structures, which are fabricated on individual chassis with wheels and are designed to be joined shall be considered a mobile home for purposes of this ordinance.

Effective on: 1/1/1901

MODULAR HOUSING: Housing manufactured off-site, often mass-produced, and designed so that sections are interchangeable. For purposes of this ordinance, this definition shall not include mobile homes.

Effective on: 1/1/1901

N/A: Where used in the sign regulations, the particular requirement is “not applicable.”

Effective on: 1/1/1901

NEIGHBORHOOD: A geographical area containing residences or a combination of residences and businesses, which geographical area meets all of the following criteria:

1. The area shall consist of at least 20 acres that are geographically contiguous;
2. The area shall have direct access from local streets to one or more collector and/or arterial streets;
3. The area shall not be part of another designated neighborhood for which permits for which permanent entrance signs have been issued; and
4. The area shall either have been developed as one planned complex, subdivision or center, or it shall have established its identity as a neighborhood through activities of a community association, neighborhood festivals or other continuing activities separate from the desire for an entrance sign.

Effective on: 1/1/1901

NITA measure of luminance. One nit is equal to one candela per square meter (1cd/m2). Ten thousand nits are equal to one stilb. A candela, on which the definition is based, is a unit of measurement of the intensity of light. Part of the SI system of measurement, one candela (cd) is the monochromatic radiation of 540THz with a radiant intensity of 1/683 watt per steradian in the same direction. Another way of putting it is that an ordinary wax candle generates approximately one candela.

Effective on: 1/1/1901

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: 1/1/1901

NONCONFORMING USE OR STRUCTURE: An activity or a building, sign, fence, structure, or a portion thereof, which lawfully existed before the adoption or amendment of this ordinance, but which does not conform to all of the regulations contained in this ordinance, or amendments thereto, which pertain to the zone in which it is located.

Effective on: 1/1/1901

NOXIOUS MATTER OR MATERIALS: Matter or material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being of individuals as determined by the appropriate health department.

Effective on: 1/1/1901

NURSERY: Any building or lot, or portion thereof, used for the cultivation or growing of plants and including all accessory buildings.

Effective on: 1/1/1901

NURSERY SCHOOL/DAY CARE CENTER: Any building used for the daytime care or education of preschool age children with or without compensation, and including all accessory buildings and play areas.

Effective on: 1/1/1901

NURSING HOME: A health establishment which provides nursing care under the direction of a Kentucky licensed physician to patients who, for reason of illness or physical infirmities, are unable to care for themselves properly.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

OUTDOOR DISPLAY AREA: An area utilized to display a variety of types of products sold on the premises.

Effective on: 1/1/1901

PARKING AREA, OFF-STREET: An open, surfaced area, other than the right-of-way of a street, alley, or place, used for temporary parking of motor vehicles.

Effective on: 1/1/1901

PARKING BUILDING OR GARAGE: A building, or portion thereof, designed, intended, and used exclusively for the temporary parking of motor vehicles which may be publicly or privately owned and/or operated.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

PDS: Planning and Development Services of Kenton County.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

PLANNED UNIT DEVELOPMENT (PUD): A large scale, unified land development which permits a mixture of land uses, clustering of residential units of varying types, and common recreation/open spaces, through flexible regulations which encourage creative design to preserve the natural features and foliage of the site.

Effective on: 1/1/1901

PRESERVATION PLAN: Guidelines and/or regulations for the rehabilitation of certain sites, structures and/or areas to incorporate them into a livable community.

Effective on: 1/1/1901

PROCESSOR: An entity licensed as such under KRS Chapter 218B

[Ord. # 2024-8, Added definition of Processor for Medical Cannabis, 12/14/2024]

Effective on: 12/14/2024

PRODUCER: An entity licensed as such under KRS Chapter 218B

[Ord. # 2024-8, Added definition of Producer for Medical Cannabis, 12/14/2024]

Effective on: 12/14/2024

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

Effective on: 1/1/1901

RESIDENTIAL CLUSTER DEVELOPMENT (RCD): A large scale, unified land development which permits a clustering of attached and detached single-family residential dwellings, with common recreation/open spaces, through flexible regulations which encourage creative design to preserve the natural features, foliage, and other characteristics of the site.

Effective on: 1/1/1901

REST HOME: Any building, institution, residence, or home used as a place of abode for the reception and care of three (3) or more persons, who by reasons of age, mental, or physical infirmities, are not capable of properly caring for themselves.

Effective on: 1/1/1901

ROUTINE MAINTENANCE AND REPAIRS: Any work, the purpose of which is to correct deterioration or to prevent deterioration of a designated historic property. The work shall restore the property to its appearance prior to deterioration or shall result in the protection of its present appearance. The work shall involve the use of the same building materials or available materials that are as close as possible to the original. Work that changes the external appearance of the property shall be considered an alteration for purposes of this subchapter.

Effective on: 1/1/1901

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

[Ord. # 2024-8, Added definition of Safety Compliance Facility for Medical Cannabis, 12/14/2024]

Effective on: 12/14/2024

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

Effective on: 1/1/1901

SCHOOLS, PRIVATE: An institution or a place for instruction or education belonging to and maintained by a private organization.

Effective on: 1/1/1901

SCHOOLS, PUBLIC: An institution or place for instruction or education belonging to and maintained under public authority and open to the public for their attendance.

Effective on: 1/1/1901

SECTION 106 REVIEW: The process set forth in National Historic Preservation Act of 1966, 16 U.S.C. 470, et. seq., as amended, and 36 C.F.R. Section 800, which requires federal agencies to consider the effects on historic properties of any project carried out by them or that receives federal financial assistance, permits, or approvals.

Effective on: 1/1/1901

SEPARATE (LIGHTING OR ILLUMINATION): A prohibition on separate illumination for a sign does not prohibit indirect, incidental illumination that spills over from a light serving another lawful purpose.

Effective on: 1/1/1901

SERVICE FACILITIES, PUBLIC UTILITIES: Service facilities include all facilities of public utilities operating under the jurisdiction of the Public Service Commission, or the Department of Motor Transportation, or Federal Power Commission, and common carriers by rail, other than office space, garage and warehouse space and include office space, garage space and warehouse space when such place is incidental to a service facility.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

SIGN: Any device, fixture, placard or structure, including its component parts, which by display of a visual image 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, and which is visible from any public street, road, highway, right-of-way or parking area.

Effective on: 1/1/1901

SIGN, ANIMATED: a sign which uses movement or change of lighting to simulate action or motion.

Effective on: 1/1/1901

SIGN, DETACHED: Any sign erected on a freestanding frame, foundation, mast or pole and not attached in any way to any building. Every face of a freestanding sign shall be considered as a separate sign for purposes of computing the sign area.

Effective on: 1/1/1901

SIGN, DIRECTORY: Any sign providing way-finding information by identifying occupants of specific buildings or units within a building and, where necessary, providing directions for finding such building or unit.

Effective on: 1/1/1901

SIGN, MARQUEE: A sign that is on a permanent roofed structure that projects beyond a building, sometimes into public property, to provide protection from the weather.

Effective on: 1/1/1901

SIGN, PRINCIPAL: The main freestanding sign on a site. The term is used to distinguish such a sign from other freestanding signs that may be allowed on multi-tenant or large sites.

Effective on: 1/1/1901

SIGN, TEMPORARY: A sign which is not permanently affixed. This definition is intended to include all devices such as banners, pennants, flags, searchlights, twirling or sandwich type signs, sidewalk or curb signs and balloons or other air or gas filled figures.

Effective on: 1/1/1901

SIGN, WINDOW: A sign affixed to or installed inside a window and clearly legible to persons outside the building. Note that signs that are installed behind windows but that are legible from other private property or from driving lanes of adjacent streets will be subject to limitations on window signs but will also be regulated as wall signs.

Effective on: 1/1/1901

SITE: One or more lots or parcels of land that, for purposes of the Zoning Ordinance, are used as a single unit. As an example, but not by way of limitation, a site may include more than one “lot” as shown on a subdivision plat, but, for zoning purposes, the permissible use, setbacks and yard requirements are determined for the larger “site” and not for the individual “lots.”

Effective on: 1/1/1901

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

Effective on: 1/1/1901

STATE HISTORIC PRESERVATION OFFICE OR SHPO: The Kentucky program approved by the U.S. Secretary of Interior for the purpose of carrying out the provisions of the National Historic Preservation Act of 1966, 16 U.S.C. 470a, et. seq., and is also the Kentucky Heritage Cabinet established pursuant to KRS 171.381.

Effective on: 1/1/1901

STORY: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it. For purposes of this ordinance, a basement shall not be counted as a story.

Effective on: 1/1/1901

STORY, HALF: A story under a gable, hip, or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than three (3) feet above the floor of such story.

Effective on: 1/1/1901

STREET, PRIVATE: A paved private roadway which affords access to abutting property for private users of such property. For the purposes of density calculations, a private street shall constitute the areas of its paved surface and sidewalks or the private right-of-way if designated on the recorded plat.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

STREET, ARTERIAL: Public thoroughfares which serve the major movements of traffic within and through the community, as identified in the adopted comprehensive plan.

Effective on: 1/1/1901

STREET, COLLECTOR: Public thoroughfares which serve to collect and distribute traffic, primarily from local to arterial streets.

Effective on: 1/1/1901

STREET, EXPRESSWAY: A divided arterial highway for through traffic with full or partial control of access, and generally with grade separations at major intersections.

Effective on: 1/1/1901

STREET, FREEWAY: A divided multi-lane highway for through traffic with all crossroads separated in grades and with full control of access.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

STREET, LOCAL: Roadways which are designed to be used primarily for direct access to abutting properties and feeding into the collector street system.

Effective on: 1/1/1901

STRUCTURAL ALTERATION (SIGNS): As it applies to signs, any change in supporting members of a building or structure, such as foundation, bearing walls, columns, beams or girders. For a sign, any change in or replacement of supporting members of a sign structure, such as foundation, columns, beams or girders shall be considered a structural alteration.

Effective on: 1/1/1901

STRUCTURE: Anything constructed or erected, 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 such as: buildings, mobile homes, signs, fences, etc.

Effective on: 1/1/1901

SUBDIVISION: The division of a parcel of land into two or more lots or parcels for the purpose, whether immediate or future, of sale, lease, or building development, or if a new street is involved, any division of a parcel of land; providing that a division of land for agricultural purposes into lots or parcels of five acres or more and not involving a new street shall not be deemed a subdivision. The term includes resubdivision and when appropriate to the context shall relate to the process of subdivision or to the land subdivided.

Effective on: 1/1/1901

SURPLUS PROPERTIES: Properties owned by the City.

Effective on: 1/1/1901

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

Outdoor swimming pools shall be deemed to consist of the following classes: private, semi-public, public, and commercial, as follows:

1. Private: when consisting of an accessory structure appurtenant to a one-family or a two-family dwelling and used only as such by persons residing on the same lot and their private guests.
2. Semi-public: when consisting of an accessory structure appurtenant to a multiple dwelling, hotel, motel, church, school, club, etc., and used only as such by persons who reside or are housed on the same lot or who are regular members of such organizations.
3. Public: a swimming pool operated by a unit of government for the general public.
4. Commercial: a swimming pool operated for profit, open to the public upon payment of a fee.

Effective on: 1/1/1901

TAVERN: Any establishment selling alcoholic and nonalcoholic beverages by the drink for consumption on the premises.

Effective on: 1/1/1901

TRAILER: See CAMPING/VACATION MOBILE UNIT.

Effective on: 1/1/1901

UNDERTAKING: As used in Section 106 Review a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a Federal agency, including those carried out by or on behalf of a Federal agency; those carried out with Federal financial assistance; and those requiring a Federal permit, license or approval.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

VARIANCE: A departure from dimensional terms of this ordinance 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: 1/1/1901

VEHICLE: Any device meeting the definition of “motor vehicle” under KRS. §186.010.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

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

Effective on: 1/1/1901

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

Effective on: 1/1/1901

ZONE: An established area within the city for which the provisions of this ordinance are applicable. (Synonymous with the word "DISTRICT".)

Effective on: 1/1/1901

ZONING ADMINISTRATOR: The official or officials appointed by the legislative body to administer and enforce the provisions of this ordinance.

Effective on: 1/1/1901