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Springfield City Zoning Code

GENERAL PROVISIONS

§ 156.001 SHORT TITLE.

   This chapter shall be known and may be cited as “The Zoning Ordinance of the City of Springfield, Kentucky”. This chapter may be referred to herein as “this chapter”. The zoning map referred to herein is entitled “Zoning Map-Springfield, Kentucky” or “the zoning map.” A copy of the text and map is on file with both the City Clerk and the County Court Clerk.
(Ord. 2024-004, passed 12-23-2024)

§ 156.002 EFFECTIVE DATE.

   This chapter shall become effective immediately upon its adoption by the City Council.
(Ord. 2024-004, passed 12-23-2024)

§ 156.003 AUTHORITY.

   KRS 100.201 gives legislative bodies and fiscal courts the authority to enact permanent land use regulations, including zoning and other growth management regulations, to promote public health, safety, morals and general welfare of the city. The Planning Commission and City Council have fulfilled the regulations set forth as prerequisites to the adoption of this chapter.
(Ord. 2024-004, passed 12-23-2024)

§ 156.004 PURPOSE, OBJECTIVES AND GOALS.

   This chapter sets forth regulations and restrictions upon the erection, construction, alteration, repair or use of buildings, structures or land, including height, number of stories, and size of buildings and other structures, size of yards, courts, and other open spaces, density of population, size and number of vehicular parking and loading, and location and intensity of use of such buildings, structures, and land for trade, industry, residence or other uses in order to, among other things:
   (A)   Promote public health, safety, morals and general welfare;
   (B)   Facilitate orderly and harmonious development and the visual or historical character;
   (C)   Facilitate fire and police protection;
   (D)   Prevent overcrowding of land, blight, danger and congestion in the circulation of people and commodities, and the loss of life, health or property from fire, flood or other dangers;
   (E)   Protect airports, highways and other transportation facilities, public facilities, schools, public grounds, historical districts, central business districts, prime agricultural land and other natural resources;
   (F)   Regulate the use of water and wastewater treatment facilities;
   (G)   Improve soil quality; and
   (H)   Protect other specific areas of the city that need special protection by the Planning Commission.
(Ord. 2024-004, passed 12-23-2024)

§ 156.005 INTERPRETATION.

   This chapter shall be strictly construed and may not be extended by implication except where the intention of the City Council must prevail. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety and general welfare.
(Ord. 2024-004, passed 12-23-2024)

§ 156.006 COORDINATION OR CONFLICT WITH OTHER LAWS OR REGULATIONS.

   (A)   Generally. Whenever this chapter imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or resolutions or ordinances, the provisions of this chapter shall govern.
   (B)   Coordination with subdivision regulations. In all cases, the provisions of the subdivision regulations and amendments thereto shall apply in addition to the provisions of this chapter.
   (C)   Conflict with subdivision regulations and other laws, regulations and rules. This chapter does not repeal, abrogate, annul or in any way impair or interfere with any existing provisions of law, ordinance or resolution, or with any rules, regulations, or permits previously adopted or issued, or which shall be adopted or issued pursuant or relating to the use of buildings, or premises, or with any private restrictions placed upon property by covenant, deed or recorded plat; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the heights of buildings or requires greater lot areas, larger yards, courts or other open spaces than are imposed or required by such existing provisions of law, ordinance or resolution, or by such rules, regulations or permits or by such private restrictions, the provisions of this chapter shall control.
   (D)   Conflict with this chapter, private covenants and deeds. In case of conflict between this chapter or any part thereof, and the whole or part of any existing or future ordinance of the city or the whole or part of any existing or future private covenant or deeds, the most restrictive shall apply.
(Ord. 2024-004, passed 12-23-2024)

§ 156.007 JURISDICTION.

   This chapter shall apply to all land and structures within the corporate limits of the city.
(Ord. 2024-004, passed 12-23-2024)

§ 156.008 APPLICATION OF REGULATIONS.

   No structure or land shall hereafter be used and no structure or part thereof shall be erected, moved or altered, unless for a use expressly permitted by and in conformity with the regulations herein specified for the zoning district in which it is located, except that any structure damaged or destroyed may be restored if such structure does not involve a non-conforming use. Each zoning district is established to permit only those uses specifically listed as permitted, except as hereinafter provided under the non-conforming provisions, and is intended for the protection of those uses. No other uses will be permitted.
(Ord. 2024-004, passed 12-23-2024) Penalty, see § 156.999

§ 156.009 DEFINITIONS.

   (A)   Regulations, certain numbers, abbreviations, terms and words used herein shall be used, interpreted, and defined as set forth in this section and in KRS Chapter 100.
   (B)   Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the plural number include the singular; the word “herein” means in this chapter; and the word “regulations” means in this chapter.
   (C)   A “person” includes a firm, association, organization, partnership, trust, company, corporation, limited liability company and an unincorporated association such as a club; the present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular; “shall” is always mandatory, the word “may” is permissive; a “building” includes a “structure;” a “building” or “structure” includes any part thereof; “used” or “occupied” as applied to any land or building shall be construed to include the words “intended, arranged, or designed to be used or occupied”; the word “lot” includes the words “plot” or “parcel”.
   (D)   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ACCESS. A point at which provisions are made for vehicular entrance to or exit from a street, and to or from a lot or other street.
      ACCESSORY DWELLING UNIT. A residential living unit attached to or detached and located in the rear yard area, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure and containing independent cooking, sleeping and bathroom facilities.
      ACCESSORY STRUCTURE. Any structure other than the principal structure detached therefrom, use of which is directly incidental and related to that of the principal structure or use of the land, and which is located on the same lot as that of the principal structure. ACCESSORY STRUCTURE shall not include mobile home, bus, travel trailer, RV, trailer, cooler, vehicle or freight container.
      ACCESSORY USE. A use customarily incidental and subordinate to, the principal use of the property.
      ACRE. Land area of 43,560 square feet.
      ADDITION. As a construction term, an extension or increase in floor area or height of a building or structure.
      ADMINISTRATIVE APPEAL. A case where an applicant alleges that there is an error in any order, requirement, decision, grant or refusal made by an administrative official in the enforcement of the zoning regulation.
      ADMINISTRATIVE OFFICIAL. Any department, employee or advisory elected or appointed body, which is authorized to administer the provisions of this chapter, subdivision regulations and if delegated, any provision of any housing or building regulation or any other land use control regulation.
      ADULT BATHHOUSE. An establishment or business which provides services of baths of all kinds, including all forms and methods of hydrotherapy, that is not operated by a medical practitioner or a professional physical therapist licensed by the Commonwealth and which establishment provides to its patrons an opportunity for engaging in SPECIFIED SEXUAL ACTIVITIES as defined in this chapter.
      ADULT BODY PAINTING STUDIO. An establishment or business wherein patrons are afforded an opportunity to paint images on a body, which is wholly or partially nude. For purposes of this chapter, the ADULT BODY-PAINTING STUDIO shall not be deemed to include a tattoo parlor.
      ADULT BOOKSTORE. An establishment having as a substantial or significant portion of its stock and trade in books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS as defined herein or an establishment with a segment or section devoted to the sale or display of such material.
      ADULT CABARET. An establishment or business which features male and/or female topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, burlesque shows, male or female impersonators, or similar entertainers.
      ADULT DAY CARE CENTER. A facility which provides part-time care, day or night, but less than 24 hours, to at least four adults not related to the operator or the facility by blood, marriage or adoption.
      ADULT ESTABLISHMENTS. Establishments, including, but not limited to, bookstores, motion picture theaters, mini motion picture theaters, bathhouses, massage parlors, modeling studios, body painting studios, cabarets and video stores as defined in this chapter; and provided that the ADULT ESTABLISHMENTS remain 75 feet from any school, church, park, day care facility, another adult establishment or residential zoned property.
      ADULT MASSAGE PARLORS. An establishment or business with or without sleeping accommodations which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, not operated by a medical practitioner or professional massage or physical therapist licensed by the Commonwealth and which establishment provides for its patrons the opportunity to engage in SPECIFIED SEXUAL ACTIVITY as defined in this chapter.
      ADULT MODELING STUDIOS. An establishment or business which provides the services of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise.
      ADULT MOTION PICTURE THEATER (INDOOR). An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS as defined herein for observation by patrons therein.
      ADULT MOTION PICTURE THEATER (OUTDOOR). A parcel of land from which individuals may view a motion picture presented outdoors which presents material distinguished or characterized by an emphasis on matter depicting, describing or relating to SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS as defined herein for observation by patrons therein.
      ADULT NOVELTY SHOPS. An establishment or business having as a substantial or significant portion of its stock and trade in novelty or other items which are distinguished or characterized by their emphasis on, or designed for, SPECIFIED SEXUAL ACTIVITY as defined herein or stimulating such activity.
      ADULT VIDEO STORE. An establishment having as a substantial or significant portion of its stock and trade in videotapes, DVDs or other types of digital media for sale or rent which are distinguished or characterized by their emphasis on matter depicting, describing or relating to SPECIFIED SEXUAL ACTIVITIES OR ANATOMICAL AREAS as defined herein or an establishment with a segment or section devoted to the sale, display or rental of such material.
      AGRICULTURAL USE. The use of a tract of land of at least five contiguous acres for the production of agricultural or horticultural crops, including, but not limited to, livestock, livestock products, poultry, poultry products, grain, hay, pastures, soybeans, tobacco, timber, orchard fruits, vegetables, flowers or ornamental plants, including provision for dwellings for persons and their families who are engaged in the above agricultural use on the tract, but not including, residential building developments for sale or lease to the public. See also CONFINED ANIMAL FEEDING OPERATION.
      ALLEY. A local public street used primarily for vehicular service access to the backs or to the sides of properties which otherwise abut on streets.
      ALTERATION. As applied to a building or structure, a change or rearrangement in the structural parts or in the means of egress; or as an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another. As applied to a building or structure in a historic district, landmark or landmark site, it shall also mean any construction on or change to the exterior of a building, structure or site, regardless of the requirement of permit from governmental agencies, including, but not limited to, the changing of siding or roofing materials and changing, eliminating or adding doors, door frames, windows, window frames, shutters, steps, fences, railings, porches, balconies, signs or other ornamentation. As applied to a watercourse, it shall mean changing the carrying capacity or location of a stream, channel or waterway.
      ANTENNA, HEIGHT ABOVE GRADE OR GROUND. The vertical distance between the highest point of the ANTENNA and the finished grade directly below this point.
      APARTMENT BUILDING. A multi-family dwelling in a building containing five or more dwelling units.
      ARTERIAL. A public street that serves major centers of activity. ARTERIALS have the highest traffic volumes, speed limits and right-of-way widths, and are used for moving vehicles safely and efficiently and providing direct connection between points of heavy traffic generation and neighborhoods at moderate speeds. Typical average daily traffic counts on ARTERIAL streets are 3,000 plus vehicles.
      ASSISTED LIVING FACILITY. An apartment or home-style housing unit residence which provides assisted living to two or more adult persons and which provides supportive services, such as cleaning, shopping, meals, laundry, transportation, 24-hour supervision and organized activities, within the residence or on the grounds of the residence.
      B1 SEAL. A seal indicating that a dwelling unit has been inspected and found to be in compliance with the applicable standards for human habitation.
      B2 SEAL. A seal indicating that the dwelling unit has been inspected and found not to be in compliance with the applicable codes, is a salvage unit unfit for human habitation, and shall be sold only for use as a storage or utility building.
      BANNER. Any sign of lightweight fabric or similar material that is mounted to a pole, suspended between poles or affixed to a building at one or more edges. National, state or municipal flags or the official flag of any institution or business shall not be considered BANNERS.
      BASEMENT. Any portion of a building the average height of which is at least one-half below grade plane.
      BILLBOARD or OUTDOOR ADVERTISING SIGN. An off-premises sign which directs attention to businesses, products, services or establishments not usually conducted on the premises on which the sign is located or other sign erected by a company or individual for the purpose of selling advertising messages for lease or rent or otherwise for profit. The term OUTDOOR ADVERTISING shall include BILLBOARD SIGNS.
      BOARDING OR ROOMING HOUSE. A dwelling or part thereof, in which lodging is provided by the owner or operator to more than three persons and where meals are regularly prepared and served for compensation.
      BOARD OF ADJUSTMENTS. The Board of Adjustments of the city.
      BONA FIDE FARM. Must meet the definitional requirements of KRS 132.010(9) or (10).
      BUFFER. An area within a property, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences or berms, designed to limit sight and sound from the site to adjacent properties.
      BUILDING. Any structure, but not a mobile home or trailer, used or intended for supporting or sheltering any use or occupancy. All BUILDINGS shall be required to be positioned within all building setback lines. When measuring the distance required for the BUILDING setback lines, the outer most portion of the structure shall be used.
      BUILDING CODE. Rules and regulations adopted by local legislative bodies to regulate building and construction standards. These include, but are not limited to, the Kentucky Building Code and the BOCA One- and Two-Family Building Code, and the National Electrical Code.
      BUILDING HEIGHT. A distance measured from the highest point of the roof for flat roofs; to the deck line of mansard roofs; to the ridge for gable, hip and gambrel roofs (excludes chimney). BUILDING HEIGHT limitations of this chapter shall not apply to church spires, belfries, cupolas, sand domes not intended for human occupancy; monuments; water towers; observation towers; flagpoles; or chimneys.
      BUILDING INSPECTOR. A person appointed by the Mayor and whose responsibility it is to inspect items required by the Building Codes and the subdivision regulations.
      BUILDING OR WALL SIGN. A sign which is painted on the exterior wall of a building, or attached to or placed flat against, or no more than 18 inches from, an exterior wall of a building, but not extending above the roof line.
      BUILDING PERMIT. A permit issued by the Building Inspector allowing a property owner or their agent to construct, alter or remove a building, structure and the like, or engage in similar activity which would alter the character or the lot in question.
      CELLULAR ANTENNA TOWER. 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.
      CELLULAR TELECOMMUNICATIONS SERVICES. A retail telecommunications services that uses radio signals transmitted through cell sites and mobile switching stations.
      CENTERLINE. The center of the street established by survey, or when not established, center of a paved roadway.
      CERTIFICATE OF APPROPRIATENESS. Document issued by the Historic Preservation Board that gives approval of work to be completed on a landmark or property in a historic district.
      CERTIFIED LOCAL GOVERNMENT. A government meeting the requirements of the National Historic Preservation Amendments Act of 1980 (Pub. Law No. 96-515) and the implementing regulations of the U.S. Department of the Interior and the State Historic Preservation Office (Kentucky Heritage Council) of the Commonwealth.
      CHILD DAY CARE CENTER. A facility which provides full- or part-time care, day or night, to at least seven children who are not the children, grandchildren, children in legal custody, nieces or nephews of the operator.
      CITY LIMITS. The municipal or corporate limits of the city.
      COLLECTOR. A public street that functions to conduct traffic between major arterial streets, minor activity centers and local streets, and provides access to adjacent property. COLLECTOR streets may be further divided into major and minor collectors.
      CO-LOCATION. Locating two or more transmission antennas or related equipment on the same cellular antenna tower.
      COMMERCIAL ANIMAL KENNEL. An establishment where more than five dogs or other domesticated animals more than one year old are housed, groomed, bred, boarded, trained or sold.
      COMMISSION. The Planning Commission of the city.
      COMPREHENSIVE PLAN. The adopted plan for the city that serves as a guide for public and private actions and decisions to assure the development of public and private property in the most appropriate relationships. Such PLAN shall include all elements whether expressed in words, graphics or other forms.
      CONDITIONAL USE. A use which may be essential to or could 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 in the zoning regulations. Any CONDITIONAL USE must be pursuant to the CONDITIONAL USES listed in the use table for the zoning district in question and may not be approved for that zoning district if it is not so listed.
      CONDITIONAL USE PERMIT. A legal authorization to undertake a conditional use, issued by the Administrative Official pursuant to authorization by the Board of Adjustments, consisting of two parts: a statement of the factual determination by the Board of Adjustments which justifies the issuance of the permit and a statement of the specific conditions which must be met in order for the use to be permitted.
      CONDOMINIUM. A form of ownership with the following characteristics: the unit (the interior and associated exterior areas designated for private use in the development plan) is owned or rented by the occupant; and all or a portion of the exterior open space and any community interior spaces are owned and maintained in accordance with KRS 381.805 et seq. and in accordance with the provisions for open spaces, roads or other development features as specified in this chapter and the subdivision regulations.
      CONFINED ANIMAL FEEDING OPERATIONS. Any animal feedlot and associated animal waste areas.
      CONSTRUCTION AND DEMOLITION DEBRIS LANDFILL. A site properly permitted by the Commonwealth on which non-hazardous materials from construction and demolition debris projects are disposed.
      CORNER LOT. A lot that abuts on two intersecting streets at their intersection.
      COUNTY CLERK. The County Clerk of the county.
      CUL-DE-SAC STREET. A local street with only one end open to vehicular traffic and the other end terminated by a permanent vehicular turnaround.
      DEDICATED STREET. A street designated by plat or written deed to be used for public purposes.
      DEMOLITION. Any act that destroys in whole or in part a landmark, building, structure, building or structure in a historic district, physical feature or other site destruction.
      DENSITY. A measure of the intensity of the use of a piece of land expressed or can be calculated in dwelling units, families or housing structures per acre.
      DESIGN. The arrangement of land for lots, rights-of-way, easements, setback lines and improvements to include alignment, grade, length and width of those elements.
      DESIGN STANDARDS. Standards that set forth specific improvement or rehabilitation requirements.
      DEVELOPER. An individual, partnership, corporation, limited liability company (LLC) or other legal entity or agent thereof, which undertakes the activities covered by the subdivision regulations. Inasmuch as the subdivision plan drawings are merely a necessary means to the end of assuring development, the term DEVELOPER includes “subdivider,” “owner,” “builder,” and the like, although the persons and their precise interests may vary at different project stages.
      DEVELOPMENT. Land being subdivided by a developer in accordance with the subdivision regulations; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any use or change in use of any buildings or land; any extension, landfill or land disturbance, clearing or other human-induced movement of land.
      DEVELOPMENT PLAN. Written and/or graphic material for the provision of a development, including any or all of the following: location and bulk of buildings and other structures, intensity of use, density of development, streets, ways, parking facilities, signs, drainage of surface water, access points, plan for screening or buffering, utilities, existing human-made and natural conditions, and all other conditions agreed to by the applicant.
      DIRECTIONAL MOTOR VEHICLE CONTROL SIGN. An on-premises sign that is erected, constructed and maintained for the sole purpose of directing traffic in off-street parking areas. See also MOTOR VEHICLE CONTROL SIGN.
      DIRECTIONAL SIGN. A sign that serves solely to direct pedestrian or vehicular traffic or parking within a premises or to provide related instructions or facility information but that contains no advertising other than the name and logo of the business on the premises, including entrance and exit signs.
      DRIVE-IN OR DRIVE-THROUGH EATING AND DRINKING ESTABLISHMENT. A building or portion thereof where food and/or beverages are sold in a form ready for consumption and where a significant portion of the consumption takes place or is designed to take place outside the confines of the building. Such use often includes an intercom or speaker system, a menu board and an outside service window. The terms DRIVE-IN and DRIVE-THROUGH shall be considered interchangeable.
      DRIVEWAY. A paved or unpaved area used for ingress or egress of vehicles and allowing access from a street to a building or other structure or facility.
      DUPLEX. A building containing two dwelling units on a single lot with separate entrances.
      DWELLING. A building or structure designed or used for permanent human habitation.
      DWELLING, MULTIPLE-FAMILY. A residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided. See MULTI-FAMILY DWELLING.
      DWELLING, SINGLE-FAMILY. A detached residential dwelling unit other than a mobile home, designed for and occupied by one family only. See SINGLE-FAMILY DWELLING.
      DWELLING, TWO-FAMILY. A detached residential building containing two dwelling units, designed for occupancy by not more than two families.
      DWELLING UNIT. One or more rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly or longer basis, and containing independent cooking, sleeping and bathroom facilities
      EASEMENT. The right, not ownership of the land, to cross property with facilities, such as, but not limited to, sewer, water and transmission lines, or the right distinct from the ownership of the land to reserve and hold an area for drainage, access or other specified purposes.
      ELECTRIC SIGN. Any sign containing electric wiring. This does not include signs illuminated by an exterior floodlight source.
      ENGINEER. A qualified person registered and currently licensed to practice civil engineering by the State Board of Registration for Professional Engineers and Land Surveyors in the Commonwealth.
      ENTRANCE SIGN. A permanent on-premise sign identifying a vehicular entrance.
      FACADE. The portion of an exterior elevation on the building extending from grade to top of the parapet.
      FAMILY. A person living alone, or any of the following groups living together as a single non-profit housekeeping unit sharing common living, sleeping, cooking and eating facilities: any number of people related by blood, marriage, domestic partnership, adoption, guardianship or other duly-authorized custodial relationship; two unrelated people; or two unrelated people and any children related to any of them.
      FENCE. An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
      FINAL ACTION. Any final adjudication of the application for any zoning map amendment, variance, conditional use permit or appeal from any administrative official before the Planning Commission or Board of Adjustments, or appeal from the decision of the Planning Commission or Board of Adjustments to the City Council, or the highest state or federal court to which any appeals shall be taken.
      FINAL PLAT. The record plat of a subdivision prepared by a registered land surveyor in accordance with the minimum standards of practice for land surveyors in the state established by the State Board of Licensure for Professional Engineers and Land Surveyors, and meet the minimum standards of the subdivision regulations.
      FLAG. Any fabric, banner or bunting containing distinctive colors, patterns or symbols used as a symbol of a government, political subdivision or other official designated symbol of any institution or business.
      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 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. Building setback lines are to be shown the appropriate distance from the terminus of the access strip. No building shall be placed in the access strip. Within the city corporate limits, FLAG LOTS shall only be used in those locations where, due to geometric, topographic and other physical features, it would be impractical to extend a publicly dedicated street to serve lots located in said areas, as determined by the Planning Commission. Outside the city corporate limits, one FLAG LOT shall be permitted every 500 feet between access strips or “panhandles”, and shall have a minimum of a 50-foot access strip or “panhandle.” Before any FLAG LOT can be further subdivided, the developer shall build and dedicate the access strip into a public right-of-way pursuant to this chapter.
      FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland water, the unusual and rapid accumulation of runoff of surface waters from any source, and mudslides, which are caused or precipitated by accumulations of water on or underground.
      FLOODPLAIN. Any land designated as floodplain on the flood insurance maps of the Federal Emergency Management Agency (FEMA).
      FOURPLEX. A building containing four dwelling units.
      FREESTANDING SIGN. Any on-premise sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.
      FRONT YARD. A space extending the full width of the lot between any building and the front lot, and measured perpendicular to the building at the closest point to the front lot line. In case of corner or through lots, FRONT YARDS shall be provided on all frontages.
      FRONT YARD SETBACK LINE. A line in the interior of a lot, parallel with and measured a specific distance from the street right-of-way line. No buildings shall be placed in the space between the FRONT YARD SETBACK LINES and the right-of-way. Lots that front on more than one street or right-of-way must have a FRONT YARD SETBACK LINE and a principal FRONT YARD SETBACK LINE.
      FRONTAGE. The side of a lot abutting on a public street or otherwise approved street and ordinarily regarded as the front of the lot, but it shall not be considered as the ordinary side of a corner lot.
      GAS STATION. Buildings and premises where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail. (Uses permissible at a GAS STATION do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in GAS STATIONS. A GAS STATION is not a repair garage nor a body shop.)
      GRADE. The inclination with the horizontal, of a road, unimproved land and the like, which is generally expressed by stating the vertical rise or fall as a percentage of the horizontal distance.
      GRADE PLANE. A reference plane representing the average of finished ground level adjoining the building at all exterior walls.
      GROSS FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building, including interior balconies and mezzanines, but excluding exterior balconies. All horizontal dimensions are to be measured by the exterior faces of walls, including the walls of the roofed porches having more than one wall. The floor area of a building shall include the floor area of accessory buildings on the same lot.
      HEALTH DEPARTMENT. The County Health Department.
      HOME OCCUPATION. Any business activity, profession or trade carried on by a member(s) of the family residing on the premises, conducted in whole or in part inside the dwelling unit or accessory structure and is clearly subordinate to the residential use of the dwelling unit. Any use of the yard or accessory structures shall be incidental to the use of the dwelling for the HOME OCCUPATION. Such use shall not alter the character thereof by reason of noise, odor, traffic generation or otherwise change the character of the principal structure or the surrounding area. The following activities are specifically excluded from this definition:
      (1)   Day trading and investing, if limited to the benefit of family members, and not involving any compensation for these activities or advice;
      (2)   Telecommuting as an employee or contract employee of an organization based outside the dwelling unit; and
      (3)   Private social events (e.g., Tupperware, Avon, Amway parties) provided they do not occur more than three times per calendar year.
      HOUSEHOLD. A single housekeeping unit with common access to and use of all living and eating areas within the dwelling unit.
      HOUSING OR BUILDING REGULATION. Kentucky Building Code, Plumbing Code and any other building or structural code promulgated by the Commonwealth or by its political subdivisions.
      HUD CODE. The Federal Manufactured Home Construction and Safety Standards for construction, design and performance of manufactured housing as set forth in the 24 C.F.R. Parts 3280, 3282 and 3283, and 42 U.S.C. §§ 5401 et seq. and as mandated in the United States and as administered by the United States Department for Housing and Urban Development.
      HUD LABEL. A label affixed by a manufacturer to a new manufactured home after a third-party inspector as required under the HUD Act has approved it. Also referred to as an “A Seal”.
      IDENTIFICATION SIGN. Any sign that carries only the name of the firm, major enterprise or principal product offered for sale on the premises, or a combination of these.
      IMPROVEMENTS. Physical changes made to raw land, and structures placed on or under the land surface, to make the land more usable for human activities. Typical IMPROVEMENTS in these regulations would be grading, street pavement, curbs, gutters, drainage ditches, storm and sanitary sewers, utility lines of all types, street name signs, property number signs, trees and the like.
      IMPROVEMENTS PLAN. Engineering and land surveying drawings that indicate the proposed manner or layout of specific design features and infrastructure improvements for a subdivision. Written and graphic material for the provision of a development, including, but not limited to, the following: location and bulk of buildings and other structures, intensity of use, density of development, streets, roadways, parking facilities, signs, drainage of surface water, access points, plan for screening or buffering, utilities, existing human-made and natural conditions, and all other conditions agreed to by the applicant.
      JUNKYARD. A lot, land or structure, or part thereof used primarily for the collecting, storage or sale of waste paper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and/or for the sale of parts thereof.
      LAND SURVEYOR. A person licensed as a LAND SURVEYOR by the State Board of Registration for Professional Engineers and Land Surveyors.
      LANDMARK. A building, structure or site having a special historical, architectural, cultural or aesthetic value, meeting one or more of the criteria set forth in this chapter, and designed by the City Council.
      LANDMARK SITE. The land on which a landmark and related buildings and structures are located and the land that provides the grounds, the premises or the setting for the landmark.
      LANDOWNER. The legal or beneficial owner or owners of all the land to be included in a development.
      LEGISLATIVE BODY. The City Council.
      LOADING/UNLOADING AREA. An off-street space or berth used for the loading or unloading of vehicles.
      LOCAL STREET. Public streets providing vehicular access and services to abutting property. A LOCAL STREET has a directional flow served by one lane in each direction and allows on-street parking. The layout of a LOCAL STREET should discourage through traffic. Traffic volume should not exceed 300 ADT count per day.
      LOT. A portion of subdivision or other parcel of land occupied by or to be occupied by only one principal building and its accessory buildings. LOTS are the basic unit of a subdivision plan or the smallest division of land owned by a person. LOT is used interchangeably with the term “tract”.
      LOT AREA. The size of a lot measured within the lot lines and expressed in terms of acres or square feet.
      LOT COVERAGE. The portion of the lot that is covered by buildings, structures, patios, walkways, travel ways, sidewalks and parking areas. LOT COVERAGE does not include uncovered, semi-pervious decks, playground areas with no structural element or outdoor pools. The percent of LOT COVERAGE shall be determined by dividing the total covered area by the gross area of the lot.
      LOT DEPTH. The horizontal distance between front and rear lot lines measured along the median between two side lot lines.
      LOT FRONTAGE. The length of the front lot line measured at the street right-of-way line. The front of a lot shall be construed to be the portion nearest the street. A property line which abuts a fully controlled access street and which permanently has no access to that street shall be deemed not to have frontage for the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage and yards shall be provided as indicated under YARDS in this chapter.
      LOT LINE. A line dividing one lot from another or from a street or public way.
      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 prior to enactment of amendment of this chapter which rendered such lot or parcel a non-conforming lot.
      LOT WIDTH. The horizontal distance between the side property lines measured at the front setback line. LOT WIDTH is measured along front setback line, except for the LOT WIDTH of curve or cul-de-sac lots shall be measured along the chord distance at the front setback between side property lines.
      MAJOR COLLECTOR. A public street that carries the majority of traffic entering arterial streets. For MAJOR COLLECTORS, the concept of service to abutting land should be subordinate to the provision of travel for major traffic movements. Generally, MAJOR COLLECTORS are state-maintained roads. The MAJOR COLLECTOR street should carry an average daily traffic count between 1,000 to 3,000 trips per day.
      MAJOR CONSTRUCTION OF SITE IMPROVEMENTS. Construction of the following improvements, including, but not limited to, new streets, including improvement or widening of existing streets; stormwater management facilities; water supply system installation; and fire hydrant installation.
      MAJOR STREET PLAN. The official map of the city showing the existing and proposed public streets.
      MAJOR SUBDIVISION. Division of land not classified as a minor subdivision and into three lots or more from the parent tract, and/or where there is a need for major construction of site improvements. A preliminary plat, improvements plan and final plat are required for this type of subdivision.
      MANUFACTURED HOME. A single-family residential dwelling unit fabricated as defined by KRS 227.550 and constructed in accordance with the Federal Act on or after June 15, 1976, in an off-site manufacturing facility for installation and assembly at the building site as a permanent structure with transport features removed, connected to all required utilities and including plumbing, heating, air conditioning and electrical systems contained therein, and bearing a seal certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards, as defined in this section.
      MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS. Standards for the construction, design and performance of a manufactured home as set forth in the 24 C.F.R. Parts 3280, 3282 and 3283, and 42 U.S.C. §§ 5401 et seq. and as mandated in the United States and as administered by the United States Department of Housing and Urban Development, commonly referred to as the HUD CODE.
      MAYOR. The chief elected official of the city.
      MEDICAL CANNABIS CULTIVATOR. An entity licensed by the state pursuant to the state statutes 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.
      MEDICAL CANNABIS DISPENSARY.
      (a)   An entity licensed by the state pursuant to state 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 state statutes and corresponding regulations.
         (b)   In zones where MEDICAL CANNABIS DISPENSARIES are a permitted use, such dispensary must meet all of the following conditions:
            1.   Shall not be located within 1,000 feet of any elementary, secondary or parochial school or regular and frequent site of after school activities, playground, public park or daycare center;
            2.   Shall not be located within one mile of another cannabis dispensary as measured from the property lines;
            3.   Shall not be located adjacent to any residential structure or zone; and
            4.   Shall not co-locate with a medical cannabis practitioner.
         (c)   In zones where medical cannabis businesses other than dispensaries are a permitted or conditional use, such facilities shall not be located within or adjacent to any residential structure or zone.
      MEDICAL CANNABIS PROCESSOR. An entity licensed by the state pursuant to the state statutes and 915 KAR 1:040 to process and/or packages raw medicinal cannabis plants material or plants into approved forms of medical cannabis under the state statutes and regulations.
      MEDICAL CANNABIS PRODUCER. An entity licensed by the state pursuant to the state statutes and 915 KAR 1.050 which operates as both a cannabis cultivator and processor.
      MEDICAL CANNABIS SAFETY COMPLIANCE FACILITIES. An entity licensed by the state pursuant to the state statutes and 915 KAR 1.110
      MINIMUM LOT AREA OR SIZE. The smallest lot area established by this chapter on which a use or structure may be located in a particular zoning district.
      MINOR COLLECTOR. A public street that primarily serves residential or commercial development. Roadways within this classification are intended to convey traffic to an adjoining major collector or arterial street. Traffic volume should not exceed 1,000 average daily trips count per day.
      MINOR SUBDIVISION. Division of land into two lots or less from the parent tract for residential use; provided that there is no need for major construction of site improvements, including any new street or other public right-of-way or provision for a public area or public facility, and that the subdivision conforms to the setback line requirements and other requirements of the applicable zoning district, and conveys the right-of-way necessary for road widening and maintenance of city streets or county roads, where the granting of such right-of-way can be given without undue hardship.
      MOBILE HOME. A structure manufactured prior to June 15, 1976, which was not required to be constructed in accordance with the Federal Act, which is transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width and 40 body feet or more in length, or, when created on site, is 320 or more square feet, and which is built on a permanent chassis and is designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. These homes bear a numbered Class A or B seal issued by the State Department of Housing, Building and Construction, Office of the State Fire Marshal.
      MOBILE HOME PARK. A tract of land prepared and approved by the Planning Commission for the placement, either free of charge or for revenue purposes, of two or more spaces for mobile or manufactured homes, according to applicable zoning regulations.
      MOBILE HOME OR MANUFACTURED HOME SPACE. The part of a mobile home park which is planned and improved for the placement of the stand, driveway, parking area and related yard intended for the exclusive use of the dwelling occupant.
      MODIFICATION. See ALTERATION.
      MODULAR HOME. A dwelling unit constructed on-site in accordance with the state or municipal code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation.
      MONUMENT. An object (concrete, iron pin or pipe) set in the ground to mark the boundaries of real estate or to mark a survey station.
      MONUMENT SIGN. A freestanding sign supported primarily by solid structural features other than support poles.
      MOTOR VEHICLE CONTROL SIGN. An on-premise sign that is erected, constructed and maintained for the purpose of directing traffic in off-street parking areas. See also DIRECTIONAL SIGN.
      MULCH OPERATION. Any use involving the grinding, shredding, storing, stockpiling or recycling of natural materials, such as trees, leaves or bark, into a usable product for landscaping or other purposes.
      MULTI-BUILDING DEVELOPMENT. Construction of two or more buildings on a single tract of land that will not be divided into smaller parcels.
      MULTI-FAMILY DWELLING. A dwelling unit within a building containing five or more dwelling units. See DWELLING, MULTI-FAMILY.
      NEW CONSTRUCTION. The act of making an addition to an existing building or structure or the erection of a new principal or accessory building or structure.
      NON-CONFORMING LOT. A lot, the area, dimensions or locations of which was lawful prior to the adoption, revision or amendment of this chapter and the subdivision regulations, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the regulations.
      NON-CONFORMING USE OR STRUCTURE. An activity or a building, sign, structure or a portion thereof which lawfully existed before the adoption or amendment of the zoning regulation, but which does not conform to all the regulations contained in the zoning regulation which pertain to the zoning district in which it is located.
      OFF-PREMISE SIGN. Any sign that identifies, advertises or promotes goods, services, individual and firm products, a person, place, activity, event, idea or facility which is not conducted, sold or offered upon the premises where such sign is located.
      OFF-STREET PARKING. A temporary storage area for a motor vehicle that is directly accessible to an access aisle and that is not located on a dedicated street right-of-way.
      ON-PREMISE SIGN. A sign other than a temporary sign, which identifies, advertises or promotes goods, services, individual and firm products, a person, place, activity, event, idea or facility on which is available on the premises where the sign is located. ON-PREMISE SIGNS do not include signs erected by the outdoor or billboard advertising industry in the conduct of the outdoor business.
      OPEN SPACE. Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for the public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
      ORDINARY REPAIRS AND MAINTENANCE. Any work that corrects any deterioration or damage to a building or structure in order to restore it to its condition prior to the deterioration or damage.
      OUTDOOR OR BILLBOARD ADVERTISING SIGN. An off-premises sign which directs attention to businesses, products, services or establishments not usually conducted on the premises on which the sign is located or other sign erected by a company or individual for the purpose of selling advertising messages for lease or rent or otherwise for profit. The term OUTDOOR ADVERTISING shall include BILLBOARD SIGNS.
      OWNER. Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient propriety interest in the land sought to be subdivided under these regulations.
      PARKING AREA. Any public or private unobstructed land area that has access to a street and which is designed and used for parking motor vehicles. The term includes parking lots, structures, garages, travelways and private driveways.
      PARKING LOT. An off-street, ground level area, usually surfaced and improved, for the temporary storage of motor vehicles. This term does not include areas for demolished, wrecked, junked or for sale motor vehicles or where motor vehicle parts are located.
      PARKING SPACE. The area for the parking of a motor vehicle within a public or private parking area. As used in this chapter, it is a numerical designation used to determine the size of parking areas.
      PERMANENT FOUNDATION. A permanent masonry, concrete or other footing approved by the Building Inspector to which a building, structure or manufactured home may be affixed.
      PERMITTED USE. Any use allowed in a zoning district and subject to the restrictions applicable to the zoning district.
      PERSONAL COMMUNICATIONS SERVICES. As defined in 47 U.S.C. § 332(c).
      PLANNED UNIT DEVELOPMENT (PUD). An area of minimum contiguous size, as specified by this chapter, to be planned, developed, operated and maintained as a single entity containing multiple principal buildings to accommodate residential or commercial uses, or both, and appurtenant common areas and other uses incidental to the predominant uses, and of common ownership on one lot. Commonly referred to as cluster developments.
      PLANNING COMMISSION. The Planning Commission of the city.
      PLAT. A map of subdivision showing the boundaries and location of individual properties, easements, streets and other required information and prepared by a licensed land surveyor.
      POLE SIGN. Any freestanding sign that is mounted on a freestanding pole or other support so the bottom edge of the sign face is six feet or more above grade.
      PORTABLE SIGN. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported.
      PRELIMINARY PLAT. A map or plan of proposed land subdivision containing the information and materials specified in the subdivision regulations.
      PREMISES. A general term meaning part or all of any lot or part of all of any building or structure or group of buildings or structures located thereon.
      PRINCIPAL BUILDING. A structure or building, including covered porches or any part of a permitted structure above the foundation, in which the principal use of the lot on which is located or conducted. Any dwelling shall be deemed the principal building on the lot on which it is situated. See PRINCIPAL STRUCTURE.
      PRINCIPAL FRONT YARD SETBACK LINE. A line in the interior of a lot, parallel with and measured a specific distance from the street right-of-way line. A PRINCIPAL FRONT YARD SETBACK LINE establishes the direction a principal structure must face on a lot with multiple road frontages. No buildings shall be placed in the space between the PRINCIPAL FRONT YARD SETBACK LINES and the right-of-way.
      PRINCIPAL STRUCTURE. A structure or building, including covered porches or any part of a permitted structure above the foundation, in which the principal use of the lot on which is located or conducted. Any dwelling shall be deemed the principal building on the lot on which it is situated. See PRINCIPAL BUILDING.
      PRINCIPAL USE. The primary or predominant use of any lot.
      PRIVATE STREET. A means of access to a public street. A PRIVATE STREET is owned and maintained by the property owners. No future resubdivision can occur on a PRIVATE STREET.
      PROJECTING SIGN. A sign, other than a flat wall sign, which projects from and is supported by a wall of a building or structure.
      PROPERTY LINE. A line dividing one lot from another or from a street or public way.
      PUBLIC FACILITY. Any use of land whether publicly- or privately-owned for transportation, utilities or communications, or for the benefit of the general public, including, but not limited to, libraries, streets, schools, fire or police stations, county buildings, municipal buildings, recreational centers, including parks and cemeteries.
      PUBLIC RIGHT-OF-WAY. A publicly-owned strip of land occupied or intended to be occupied by a public street or road, and any associated utilities.
      PUBLIC STREET. A roadway set aside for vehicular traffic regardless of size or designation but excluding private easements, rights-of-ways and driveways. The word PUBLIC STREET is used interchangeably with the term “road,” “highway,” “thoroughfare,” “avenue,” “drive,” “circle,” “parkway,” “place,” “court” or similar term.
      REAR YARD. A space extending across the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the building to the closest point of the rear lot line.
      REAR YARD SETBACK LINE. A line in the interior of a lot, parallel with and measured a specific distance from the rear property line. No buildings shall be placed in the space between the REAR YARD SETBACK LINES and the rear property line.
      RECREATIONAL VEHICLE. Any vehicle used for transient dwelling purposes, including, but not limited to, a travel trailer, pick-up coach, motor home or camping trailer.
      RECREATIONAL VEHICLE PARK. A parcel of land available to the public in which two or more recreational vehicle spaces are occupied or intended for occupancy by recreational vehicles for transient dwelling purposes and includes any service building, structure, enclosure or other facility used as a part of the park.
      RECYCLING CENTER OR PLANT. A lot or parcel of land, upon which used materials are separated and processed for shipment for reuse in new products. A facility in which recyclables, such as newspapers, magazines, books and other paper products, glass, metal cans and other products, are recycled, reprocessed and treated to return such products to a condition in which they again may be used in new products. A RECYCLING CENTER OR PLANT does not include junkyards.
      RESIDENTIAL CARE FACILITY. A residence operated and maintained by a sponsoring private, non-profit or governmental agency to provide services in a homelike setting for persons with disabilities, as defined in KRS 100.982.
      RESTAURANT. An establishment whose principal business is the serving of food and beverages primarily to individual diners or small groups of diners for immediate consumption.
      RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary sewer main, shade trees, drainage facilities or for another special use. The usage of the term RIGHT-OF-WAY for land platting purposes shall mean that every RIGHT-OF-WAY hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such RIGHT-OF-WAY and not included within the dimensions or areas of such lots or parcels. RIGHTS-OF-WAY intended for streets, crosswalks, water mains, sanitary sewers, storm drains and drainage facilities, shade trees or the owner of the property on which such RIGHT-OF-WAY is established shall dedicate any other use involving maintenance by a public agency to public use.
      ROADWAY OR TRAVELWAY. The portion of a street or parking lot intended for vehicular traffic.
      ROOF LINE. The edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette.
      ROOF SIGN. Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure.
      ROUTINE MAINTENANCE. To repair or refurbish a sign, structure or building, or any part thereof, but not including, expansion or total replacement.
      SALE or LEASE. Any immediate or future transfer of ownership or any possessory interest in land, including contract of SALE, LEASE, devise, intestate succession or transfer, of an interest in a subdivision or part thereof, whether by metes and bounds, deed, contract, plat, map, LEASE, devise, intestate succession or other written instrument.
      SCREENING. A method of visually or audibly shielding or obscuring an adjacent or nearby structure or use from another by fencing, walls, berms or densely planted vegetation.
      SEPTIC TANK. A watertight receptacle that receives the discharge of sewerage.
      SETBACK LINE. The required distance between every structure and the lot lines of the lot on which it is located, measured perpendicular to the building (at the eave overhang) and related front, side or rear property line, exclusive of uncovered first floor porch, steps and HVAC equipment (HVAC equipment must, however, be located a minimum of 30 inches from the property line), and in which no building may be located.
      SHORT-TERM RENTAL (RESIDENTIAL). A dwelling, or portion thereof, which has guest rooms or suites used, rented, leased, hired out or otherwise assigned for tenancy or occupancy for less than 30 consecutive days in duration. This term does not include hotel or motel rooms.
      SIDE YARD. A yard extending along the side lot from the front yard to the rear yard and lying between the side lot line and the nearest portion of the principal building. In the case of through lots, SIDE YARDS shall extend from the rear lot lines to the front lot line.
      SIDE YARD SETBACK LINE. A line in the interior of a lot, parallel with and measured a specific distance from the side property line. No buildings shall be placed in the space between the SIDE
YARD SETBACK LINES and the side property line.
      SIDEWALK. A paved path provided for pedestrian use and usually located at the side of a street within the right-of-way.
      SIGN. Any device, display or structure, other than a building or landscaping, which is readily visible from public property and is used primarily for visual communication for the purpose of, or having the effect of, bringing the subject matter on the device, display or structure, to the attention of persons off the premises on which the SIGN is displayed. The foregoing definition includes, but is not limited to, numerals, pictorial representations, emblems, trademarks, flags, banners, streamers, pennants, inscriptions and patterns, and shall include a structure erected or used in connection with the display of any such device and all lighting or other attachments used in connection therewith.
      SIGN AREA. The area enclosed by one rectangle, the sides of which make contact with the extreme points or edges of the sign, excluding the supporting structure does not form part of the sign proper or of the display. The SIGN AREA composed of characters or words attached directly to a large, uniform building wall surface shall be the smallest rectangle which encloses the whole group.
      SIGN FACE. The total surface area of a sign facing in one direction and visible from the street such sign is intended to face.
      SIGN HEIGHT. The vertical distance measured from the top most part of the sign or sign structure to the average grade level at the base of the sign.
      SIGN PROJECTION. The distance by which a sign extends over public property or beyond the building line.
      SINGLE-FAMILY DWELLING. A detached building designed for, or occupied exclusively by one family as a residence or habitation.
      SINKHOLE. A pit in the ground caused by the dissolving or collapse of underlying rock layers, generally limestone. Some SINKHOLES result from enlargement of joints or crevices, the overlaying soil slumping into the hollow thus created. Others are formed by collapse of cave roofs.
      SITE PLAN. A plan, to scale, showing uses and structures proposed for a parcel of land as required by the regulations involved. Its purpose is to show how the intended use relates to the major landscape features and surrounding area.
      SOLID WASTE. Any garbage, refuse, sludge or other discarded material, including solid, liquid, semi-solid or contained gaseous material resulting from industrial, commercial, residential, agricultural operations or community uses.
      SPECIAL WASTES. Wastes of high volume and low hazard which include, but are not limited to, mining wastes, utility wastes (fly ash, bottom ash, scrubber sludge), sludge from water treatment facilities and wastewater treatment facilities, cement kiln dust, gas and oil drillings, mud, and oil production brines. This definition includes the definition of SPECIAL WASTE in KRS 224.868, as amended.
      SPECIFIED ANATOMICAL AREAS. Areas including less than completely and opaquely covered human genitals, pubic region, buttocks, anal region or female breast below a point immediately above the top of the areola or human male genitals in a discernibly turgid state even if completely and opaquely covered.
      SPECIFIED SEXUAL ACTIVITIES. Activities involving human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; fondling or other erotic touching of human genitals, pubic region, buttock or female breast; flagellation or torture in the context of sexual relationship; masochism, erotic or sexually oriented torture, beating or infliction of pain; erotic touching, fondling or other such contact with an animal by a human being; or human excretion, urination, menstruation, vaginal or anal irrigation as part of or in connection with any of the activities set forth in this definition.
      STORAGE BUILDING. Any building or structure used to provide storage area for a residential, commercial or industrial structure, and which meets the definition of accessory structure.
      STORY. The part of a building between the surface of one floor and the floor or roof immediately above. For the purpose of measuring maximum building height in stories, a maximum of 20 feet of height shall be considered a STORY.
      STORY ABOVE GRADE. Any story having its finished floor surface entirely above grade except that a basement shall be considered as a STORY ABOVE GRADE when the finished surface of the floor-above the basement is more than six feet above grade plan, more than six feet above the finished ground level for more than 50% of the total building perimeter or more than 12 feet above the finished grade level at any point.
      STREET. Any vehicular roadway.
      STRUCTURE. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, STRUCTURES include any building, accessory building, mobile home, walls, fences, signs, billboards, poster panels, towers, porches, swimming or other recreational or commercial pools, and retaining walls, gas or liquid storage tanks, fences and other human-made facilities or infrastructure. The term shall include poles and appurtenances thereto used for the provision of public utilities.
      SUBDIVIDER. Any person who having an interest in land causes it, directly or indirectly, to be divided into a subdivision; or directly or indirectly, sells, leases or develops, or offers to sell, lease or develop, or advertises for sale, lease or develops any interest, lot, parcel site, unit or plat in a subdivision; or engages directly or through an agent in the business of selling, leasing, developing or offering for sale, lease or develops a subdivision or any interest, lot, parcel site, unit or plat in a subdivision; or directly or indirectly is controlled by, or under direct or indirect common control with any of the foregoing. The term SUBDIVIDER includes “developer,” “builder” and the like, although the persons and their precise interest may vary at different project stages.
      SUBDIVISION. The division of a lot, tract or parcel of land into two or more lots, for the purpose, whether immediate or future, of sale, lease or building developments, or if a new street is involved, any division of a parcel of land; provided that a division of land for agricultural use and not involving a new street shall not be deemed a SUBDIVISION. The term includes resubdivision and when appropriate to the context, shall relate to the process of SUBDIVISION or to the land subdivided; any division or redivision of land into parcels of less than one acre occurring within 12 months following a division of the same land shall be deemed a SUBDIVISION within the meaning of this definition.
      SUBDIVISION AGENT. Any person who represents or acts for or on behalf of a subdivider or developer in selling, leasing or developing, or offering to sell, lease or develop any interest, lot, parcel, unit, site or plat in a subdivision, except any attorney-at-law whose representation of another person consists solely of rendering legal services.
      SURVEY. The process of precisely ascertaining the area, dimensions and location of a tract of land.
      TEMPORARY BUILDING. A temporary building used for the storage of construction materials and equipment incidental to on-site permitted construction or for temporary storage incidental to that of a principal building.
      TEMPORARY CONSTRUCTION UNIT. Any transportable facility built on its own chassis used for offices or storage and which is located on a construction site. No TEMPORARY CONSTRUCTION UNIT shall be used for sleeping or residential purposes in whole or in part.
      TEMPORARY SIGN. Any sign or advertising display intended to be displayed for a period of less than 30 days per calendar year except that construction project signs may remain for the duration of the construction.
      TINY HOME. A structure intended to be a principal residence for humans which is differentiated from any other principal residence only by being diminutive in overall area but is otherwise fully equipped with sleeping, kitchen and bathroom facilities.
      TOTAL FLOOR AREA. The area of all floors of a building, including finished attics and basements.
      TOWNHOUSE or TOWNHOME. An attached or semi-detached single-family dwelling with one or two side walls parting to the adjacent dwelling. A TOWNHOUSE or TOWNHOME building includes at least three and no more than eight dwelling units, may be one or more stories and may include a basement.
      TRANSMISSION TOWER. A structure principally intended for the location of wireless transmission and/or receiving antennas.
      TRANSMISSION TOWER ACCESSORY FACILITY. A detached subordinance structure or building that is incidental and related to the transmission tower function, but not including broadcast studios or offices.
      TRAVELWAY or ROADWAY. The portion of a street or parking lot intended for vehicular traffic.
      TRIPLEX. A building containing three individual dwelling units.
      UNIFORM APPLICATION. An application for a certificate of convenience and necessity issued under KRS 278.020 submitted by a utility to the Public Service Commission to construct an antenna tower for cellular telecommunication services or personal communications service in a jurisdiction, that has adopted planning and zoning regulations in accordance with KRS Chapter 100.
      USABLE FLOOR SPACE. The area of all floors that may be used as living, working or storage areas.
      USE. The purpose or activity for which land, building or structure, or combination thereof, is designed, arranged or intended, or for which it is occupied or maintained.
      UTILITY. Any person, except a city, who owns, controls or operates, or manages any facility used or to be used for or in connection with: the generation, production, transmission or distribution of electricity to or for the public, for compensation, for lights, heat, power or other uses; the production, manufacturing, storage, distribution, sale or furnishing of natural or manufactured gas or a mixture of the same, to or for the public, for compensation, for lights, heat, power or other uses; the transporting or conveying of gas, crude oil or other fluid substance by pipeline to or for the public, for compensation; the diverting, developing, pumping, impounding, distributing or furnishing of water to or for the public, for compensation; the transmission or conveyance over wire, in air or otherwise, of any message by telephone or telegraph for the public, for compensation; or the treatment of sewerage for the public, for compensation.
      VARIANCE. A departure from strict conformance with the dimensional terms of these regulations pertaining to height, width or location of structures, and the size of yards and open spaces, which may be approved by the Board of Adjustments, or under certain circumstances by the Planning Commission.
      VEHICLE USE AREA. Any area occupied in whole or in part by motorized vehicles, including, but not limited to, parking lots, parking stalls, driveways, service areas and roadways.
      WALL OR BUILDING SIGN. A sign which is painted on the exterior wall of a building, or attached to or placed flat against, or no more than 18 inches from, an exterior wall of a building, but not extending above the roof line.
      WASTE DISPOSAL FACILITY. Any place where solid waste is managed, processed or disposed of by incineration, landfilling or any other method. A WASTE DISPOSAL FACILITY does not include a container located on property where solid waste is generated and which is used solely for the purpose of collection and temporary storage of that solid waste prior to off-site disposal.
      WASTE TRANSFER STATION. Any facility including loading docks, parking areas and other similar areas, where shipments of solid waste are held, stored or transferred during the normal course of transportation.
      YARD. The open space surrounding the principal building on any lot, unoccupied and unobstructed by any portion of that building from the ground to the sky except where specifically permitted by this chapter. YARDS are further defined as follows.
         (a)   YARD, FRONT. The portion of the yard extending the full width of the lot and measured between the front lot line and a parallel line tangent to the nearest part of the principal building, which line shall be designated as the FRONT YARD line.
         (b)   YARD, REAR. The portion of the yard extending the full width of the lot and measured between the rear lot line and a parallel line tangent to the nearest part of the principal building.
         (c)   YARD, SIDE. Those portions of the yard extending from the front yard to the rear yard and measured between the side lot lines and parallel lines tangent to the nearest parts of the principal building.
      ZERO LOT LINE. The location of a building on a lot in such a manner that one side of the building rests directly on a property line.
      ZONE OR ZONING DISTRICT. Any area or section of the city for which a classification under this chapter or land use regulations governing apply uniformly, The terms ZONE and DISTRICT are used interchangeably.
(Ord. 2024-004, passed 12-23-2024)

§ 156.010 ENFORCEMENT.

   (A)   Generally. The provisions of this chapter shall be administered and enforced by the Code Enforcement Officer, also known as the Administrative Official of the city or Planning Commission, or any other person authorized by the City Council or Planning Commission. Such enforcement personnel shall have the power to:
      (1)   Make inspections of any premises necessary to carry out the enforcement of this chapter;
      (2)   Issue citations for violations of this chapter in accordance with the provisions of KRS 100.991 and the procedures set forth in KRS 431.015; and
      (3)   Bring action or cause action to be brought in court of appropriate jurisdiction for any and all relief as provided in KRS Chapter 100.
   (B)   Other remedies. In such case any building is erected, constructed, reconstructed, repaired, converted or maintained, or any building, structure or land is used in violation of this regulation, the Enforcement Officer or any other appropriate authority, or any adjacent or neighboring property owner who would be damaged by such violation, in addition to other remedies may institute an injunction, mandamus or other appropriate action or proceeding to prevent the occupancy of such buildings, structure or land.
(Ord. 2024-004, passed 12-23-2024)

§ 156.011 SCHEDULE OF FEES.

   All advertising and recording costs incurred are to be paid by the applicant prior to issuance of approval or permit.
Item Description
Fee
Item Description
Fee
Administratively approvable plat review
$25
Amendment, zoning map or text (zone change)
$300
Bond release
$200
Conditional use permit application review
$100
Plat
   Final review
$150
   Preliminary review
$300
Sign approval
$25
Variance
$50
 
Fees for Zoning Permits
Accessory buildings and structures (sheds, pools, patios)
$25
Additions
$50
Commercial/industrial
$.02/sq. ft.
 
$50 minimum
 
$500 maximum
New residence
$100
 
(Ord. 2024-004, passed 12-23-2024)