Unless the context otherwise requires, the following definitions shall be used in the interpretation of this ordinance. The words which are defined are those having special or limited meanings in this ordinance. Words with self-evident meanings are not defined here.

[2.00.1] Access point/street connection: Shall be the area where a driveway/drive aisle connect to a public street within the right-of-way.

(Ord. No. 7-95, § 1, 9-11-95)

(2.01) Accessory use or structure: Any use or structure subordinate to the principal use or structure located on the same lot serving a purpose customarily incidental to the use of the principal structure or the land use.

(2.02) Administrative officer: That individual or individuals who shall be appointed by the legislative body of Mayfield to administer this ordinance. This office may be known as the building inspector, codes enforcement officer, codes administrator, zoning administrator or various other titles descriptive of such officer's work.

[2.02.1] Administrator: Shall be the director of planning or his designee.

(Ord. No. 6-95, § 1, 9-11-95; Ord. No. 21-96, § 1, 1-13-97)

(2.03) Alley: Any public or private way affording a secondary means of vehicular access to abutting property and not intended for general traffic circulation.

(2.04) Alteration: Any change or addition to the supporting members or foundation of a structure.

(2.05) Apartment: A room or suite of rooms in a multi-family building, consisting of at least one habitable room, together with a kitchen or kitchenette and sanitary facilities. [For category of] "apartment house", see "Dwelling, multi-family."

[2.05.1] Attached townhouses: Shall be two-story residential structures of at least 900 square feet sharing at least one common residential dwelling wall with another unit and designed with individual driveways and front entrances. Detached townhouses shall be treated as single-family dwellings for purposes of this ordinance.

(Ord. No. 3-94, § 3, 4-11-94)

(2.06) Automotive repair, major: Repair of motor vehicles or trailers, including rebuilding or reconditioning of engines and/or transmissions; collision services including body, frame or fender straightening or repair; overall painting or paint shop and vehicle steam cleaning.

(2.07) Automotive repair, minor: Incidental minor repairs, upholstering, replacement of parts and motor service to passenger cars and trucks not exceeding one and one-half (1½) tons capacity, but not including any operation named under "Automotive repair, major" or any other term similar thereto. Cars or trucks being repaired or under repair shall not be stored outside the building for more than 48 hours.

(2.08) Automotive wrecking: The dismantling or disassembling of used motor vehicles, or the storage, sale or dumping of dismantled, obsolete or wrecked vehicles or their parts.

(2.09) Basement: A story whose floor line is below grade at any entrance or exit and whose ceiling is not more than five feet above grades at any such entrance or exit.

(2.10) Board: The board of zoning adjustment for Mayfield, Kentucky.

(2.11) Boarding or lodging house: A dwelling or part thereof occupied by a single housekeeping unit where meals and lodgings are provided for four or more persons (not transients) for compensation by previous arrangement.

(2.12) Building: Any structure having enclosed space and a roof, used or intended to be used for the shelter of persons, animals or property.

[2.1201] Building, height of: The vertical distance from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.

[2.1202] Building lines: The line beyond which no building or part thereof shall project, except as otherwise provided by this ordinance.

(2.13) Buildable lot area: The part of a lot not included within the open areas required by this ordinance.

(2.14) Building permit: A permit issued by the administrative officer authorizing the construction or alteration of a specific building on a specific lot.

(2.14.1) Cannabis cultivator. An entity licensed by the State of Kentucky pursuant to the Kentucky Revised Statute and 915 KAR 1:030 to plant, grow, cultivate, raise, harvest, trim, store, test, package, label, transfer, transport, sell medicinal cannabis seed, seedlings, medicinal plant, medicinal cannabis, or medicinal cannabis product to other license cannabis business in the state. (Ord. No. 14-24, § 1(Exh. A), 8-12-24)

(2.14.2) Cannabis dispensary. An entity licensed by the State of Kentucky pursuant to Kentucky Revised Statutes and 915 KAR 1.070 to perform retail sales of Medicinal cannabis to registered qualified patient or visiting qualified patient as defined by the Kentucky Revised Statutes and corresponding regulations. (Ord. No. 14-24, § 1(Exh. A), 8-12-24)

(2.14.3) Cannabis processor. An entity licensed by the State of Kentucky pursuant to the Kentucky Revised Statute and 915 KAR 1:040 to process and/or packages raw medicinal cannabis plants material or plants into approved forms of medical cannabis under Kentucky Revised Statutes and regulations. (Ord. No. 14-24, § 1(Exh. A), 8-12-24)

(2.14.4) Cannabis producer. An entity licensed by the State of Kentucky pursuant to the Kentucky Revised Statutes and 915 KAR 1.050 which operates as both a cannabis cultivator and processor. (Ord. No. 14-24, § 1(Exh. A), 8-12-24)

(2.15) Certificate of occupancy: A certificate issued by the building inspector, after construction has taken place, which certifies that the building meets minimum standards for human occupancy.

[2.15.5] Child care facility: Shall refer to a location where children are cared for that are not housed at that location overnight.

(2.16) Clinic: A place used for the diagnosis and treatment of sick, ailing, infirm and injured persons and those who are in need of medical or surgical attention, but limited to outpatients only.

(2.17) Commission, planning: The city planning commission of Mayfield, Kentucky.

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

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

(1)

A statement of the factual determination by the board of zoning adjustment, which justified 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.

(2.20) Convalescent or nursing home: An establishment which provides full-time convalescent or chronic care or both for three or more individuals who are not related by blood or marriage to the operator and who by reason of chronic illness or infirmity, are unable to care for themselves. No care for the acutely ill or surgical or obstetrical services shall be provided in such a home; hospital or sanitarium shall not be construed to be included in this definition.

(2.21) Court: An open, unoccupied and unobstructed space other than a yard, on the same lot with a building or group of buildings.

(2.22) Council, city: Legislative body for the City of Mayfield, Kentucky.

[2.22.1] Density: Shall be determined in residential dwelling units per acre by taking the total number of units proposed divided by the gross acreage. Density on any particular acre may exceed density restrictions provided the overall density of the project is not exceeded. Such projects shall be prohibited from subdividing and creating properties exceeding density restrictions. Fractional units may be rounded up to allow one additional unit.

Low density residential: Is property with a density of four residential dwelling units per acre or less.

Medium density residential: Is property with a density of greater than four residential dwelling units per acre or but not greater than ten residential dwelling units per acre.

High density residential: Is property with a density greater than ten residential dwelling units per acre.

(Ord. No. 3-94, § 3, 4-11-94)

[2.22.2] Drive-thru facility: Is a facility where patrons can generally obtain goods or services without leaving their vehicles and without the entity providing the good or service having to leave a structure. Generally the vehicle will not park and will continue to remain running will awaiting the good or service (i.e. banks, cleaners).

(Ord. No. 3-95, § 1, 4-10-95)

[2.22.3] Drive-up facility: Is a facility where patrons can generally obtain goods or services without leaving their vehicles, with the entity providing the good or service having to exit a structure to provide the good or service to the patron. Generally the vehicle will park and will not continue to remain running while awaiting the good or service (i.e. Sonic restaurant).

(Ord. No. 3-95, § 1, 4-10-95)

[2.22.4] Driveways/drive aisles: A permanent area of varying size, depending on the angle of parking space utilized or direction of traffic, that is used for the maneuvering of motor vehicles.

(Ord. No. 7-95, § 1, 9-11-95)

(2.23) Dwelling: A building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, cabin, boarding or rooming house, hotel or motel.

2.2301 Dwelling group: A group of two or more detached dwellings located on a parcel of land in one ownership and having any yard or court in common.

2.2302 Dwelling, multi-family: A building or portion thereof designed for or occupied by two or more families living independently of each other.

2.2303 Dwelling, single-family: A building for or occupied exclusively for residence purposes by one family.

2.2304 Dwelling unit: One or more rooms designed for or used by one family for living or sleeping purposes and having one kitchen or kitchenette.

(2.24) Family: A person living alone or two or more persons related by blood, marriage or adoption, or not more than three unrelated persons living together in a dwelling unit, as distinguished from a group occupying a boarding house, lodging house, hotel or motel.

(2.25) Floor area total: The area of all floors of a building including finished attics, finished basements and enclosed porches.

(2.26) Garage, private: A detached accessory building or a portion of the principal building used by the occupants of the premises for the shelter or storage of vehicles owned or operated by the occupants of the principal building.

(2.27) Garage, public: A building or structure used for the parking of vehicles on an intended profit basis.

(2.28) Height: The vertical distance measured from the average finished grade at the front building line to the highest point of the structure.

(2.29) Home occupation: An occupation or profession carried on within a dwelling by the occupant thereof which is clearly incidental and secondary to the use of the dwelling for residential purposes.

(2.30) Hospital or sanitarium: An establishment which provides accommodations, facilities and services over a continuous period of 24 hours or more for observation, diagnosis and care of two or more individuals suffering from illness, injury, deformity or abnormality or from any condition requiring medical services.

(2.31) Industry, heavy: Those industries whose processing of products result in the emission of any atmospheric pollutant, light flashes or glare, odor, noise or vibration which may be heard and/or felt off the premises and those industries which constitute a fire or explosion hazard.

(2.32) Industry, light: Those industries whose processing of products results in none of the conditions described for heavy industry.

(2.33) Junkyard: A place where junk, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including auto wrecking yards, house wrecking for storage of salvaged house wrecking and structural steel materials and equipment, but not including such uses when conducted entirely within a completely enclosed building, and not including pawn shops, and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition, used or salvaged machinery in operable condition or the processing of used, discarded or salvaged materials as a minor part of manufacturing operations.

(2.34) Kennel noncommercial: A compound in or adjoining a private residence where hunting or other dogs are kept for the hobby of the householder or for protection of the householder's property. The occasional sale of pups by the keeper of a noncommercial kennel does not change the character of residential property.

(2.35) Land use plan: Proposals for most appropriate economic, desirable and feasible patterns for the general location, character, extent, and inter-relationship of the manner in which the community should use its public and private land; the Mayfield Land Use Plan.

(2.36) Loading space: An off-street space or berth on the same lot with a building or contiguous to a group of buildings and accessory buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts on a street, alley or other appropriate means of access.

(2.37) Lot: A piece or parcel of land occupied or intended to be occupied by a principal building or group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as required by this ordinance and having frontage on a public street.

2.3701 Lot area: The computed area contained within the lot lines.

2.3702 Lot, corner: A lot abutting and situated at the intersection of two streets.

2.3703 Lot depth: The mean horizontal distance between the front and the rear lot lines.

2.3704 Lot, interior: A lot other than a corner lot.

2.370501 Lot line, front: The property line separating the lot front and the street right-of-way line.

2.370502 Lot line, rear: The lot line opposite and most distant from the front lot line.

2.370503 Lot line, side: Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.

2.370504 Lot line, street or alley: A lot line separating the lot from a street or alley.

2.3706 Lot, through: A lot having frontage on two parallel or approximately parallel streets.

2.3707 Lot width: The mean width of the lot measured at right angles to its depth.

2.3708 Lot of record: Recorded lot on file in the county clerk's office as of July 14, 1969.

[2.37.1] Major site plans: Any plan for a Multi-family project with more than 10 units, all commercial developments of more than two acres, industrial sites of more than 4 acres, mobile/manufactured home parks, conditional uses, new development or redevelopment (with an increase in 25% or more of gross floor area) in the Central Business Commercial District (B-3), and those sites that are required to receive formal site plan approval as a condition of another approval (i.e. zoning, variances).

[2.37.2] Mini-storage unit: Is an individual self-contained storage unit of 400 square feet or less that is part of a structure with several other similar units that are designed for the storage of residential household items and small business items all of a non-hazardous, non-explosive or flammable type. Not to be confused with warehousing, bulk storage, and similar large storage facilities.

[2.37.3] Minor child care facility: Shall refer to a location where six or fewer children, unrelated to the operator of the facility, are cared for and are not housed at the location overnight.

[2.37.4] Minor site plans: Any plan for site that is not considered a major site and required to submit a major site plan.

(2.38) Reserved.

(2.39) Mobile home or trailer: Any vehicle or structure constructed in such a manner as to permit occupancy thereof as sleeping or living quarters and so designed that it is, has been, or may be mounted on wheels and used as a conveyance on highways and streets, propelled or drawn by its own or other motor power.

(2.40) Mobile home park or trailer park: An area of land upon which two or more occupied mobile homes or trailers are placed, either free of charge or for revenue purposes.

(2.41) Motel or motor hotel: A series of attached, semi-attached or detached sleeping or living units, for the accommodation of automobile transient guests, said units having convenient access to off-street parking spaces, for the exclusive use of the guests or occupants.

(2.42) Nonconforming use: A dwelling, building or structure or any land or premises legally existing and/or used at the time of adoption of this ordinance, or any amendment thereto, which does not conform with the use regulations of the district in which located. Any such building, structure, or premises, conforming in respect to use, but not in respect to height, area, yards or courts, or distance requirements, from more restricted districts or uses, shall not be considered a nonconforming use.

(2.43) Parking space: A permanent area not less than ten feet wide by 18 feet long (10' × 18') either within a structure or in the open, exclusive of driveways or access drives for the parking of a motor vehicle. A parallel parking shall be ten feet wide by 24 feet long and a disabled person parking space shall be the universal space design (11' × 18' with a five foot unloading area).

(2.43A) On-street parking space: A parking space as defined above that is otherwise partially or wholly within the public right-of-way or that relies on the public right-of-way to maneuver into and out of the space.

(2.43B) Off-street parking space: A parking space as defined above that is not at all within the public right-of-way and that does not rely on the public right-of-way to maneuver into and out of the space.

(2.44) Senior citizen or retirement: An establishment which provides full-time shelter, comfort, and day-to-day nonmedical necessities for three or more individuals who are not related by blood or marriage to the operator and who by reason of old age, require or desire aid in day-to-day activities. This establishment is distinguished from a convalescent or nursing home as the senior citizen or retirement home does not provide full-time convalescent or chronic care for its inhabitants.

[2.44.2] Significant site plan change: A significant change shall be the following: Expansion of the building square footage or impervious area by more than 10%; Shifting of a building by more the 25 ft. in any direction; shifting of entrance by than 25 ft.; adding additional entrances; increasing the size of entrances by more than 10 ft.; deviation from a condition of approval; or any combination of changes regardless of whether or not it trips a threshold which substantially alters the basis of the site plan approval as determined by the Administrator.

[2.44.4] Site plan: Shall consist of a survey drawing showing existing conditions and a second drawing to the same scale showing the proposed physical improvements to be constructed.

[2.44.6] Site plan violation: Shall be physical improvement not constructed in accordance with an approved site plan or contrary to any condition placed upon that site plan.

(2.45) Street: A public right-of-way which provides a public means of access to abutting property. The term "street" shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare or any other similar term.

(2.46) Variance, dimensional: A departure from the terms of the zoning regulations pertaining to height or width of structures and size of yards and open spaces where such departures will not be contrary to the public interest, and where, owing to conditions peculiar to the property because of its size, shape, or topography and not as a result of actions of the applicant, the literal enforcement of the zoning regulations would result in unnecessary and undue hardship.

[2.46.1] Walk-up or carryout facility: Is a facility where a patron parks and exits their vehicle to obtain a good or service either inside or outside a structure and where the entity providing the good or service remains inside the structure (i.e. a walk-up take out for a restaurant).

(2.46.5) Wireless communications facility: Shall refer to any antenna or tower that is to be used for the purposes of transmitting or receiving information to wireless communications devices, and is not co-located to an existing tower or facility.

(2.47) Yard: An open space or lot other than a court, unoccupied and unobstructed from the ground upward except as otherwise provided in this ordinance.

2.4701 Yard, front: That portion of the yard extending the full width of the lot and extending between the front lot line and the nearest part of the principal building.

2.4702 Yard, rear: That portion of the lot extending the full width of the lot and extending between the rear lot line and the nearest part of the principal building.

2.4703 Yard, side: Those portions of the yard extending from the nearest part of the principal building to the side lot line.

(2.48) Zoning map: Map indicating zoning districts.

(Ord. of 7-14-69, §§ 2.01—2.48; Ord. No. 3-95, § 1, 4-10-95; Ord. No. 7-95, § 1, 9-11-95; Ord. No. 19-96, § 1, 9-9-96; Ord. No. 21-96, § 1, 1-13-97; Ord. No. 3-00, § 1, 4-10-00; Ord. No. 6-00, 7-20-03; Ord. No. 11-15, § 1, 1-11-16)

State Law reference— Definitions, KRS 100.111.