ARTICLE II

DEFINITIONS

 

In the following definitions, the word shall is always mandatory and not merely a directive.  The word may is permissive.

 

200                         Accessory Use(s) (of Building)

 

A use customarily incidental hereto and subordinate to the principal use or building and located on the same lot with such principal use or building.

 

201                         Administrative Official

 

"Administrative Official" means any department, employee, or advisory, elected or appointed body which is authorized to administer any provision of the zoning regulations, subdivision regulations, and if delegated, any provision of any housing or building regulations or any other land use control regulations.

 

202                         Adult Entertainment Establishment

 

As defined in the City of Midway, City of Versailles and/or Woodford County Fiscal Court Code of Ordinances.

 

202A                      Agricultural Marketing Center

               

A regulated regional development designed exclusively for the purpose of buying, selling and showing agricultural products, livestock and related farm supplies and equipment.  Agricultural Marketing Centers provide a common commercial area for promoting the products produced through the sciences of aquaculture, horticulture, floriculture, viticulture, forestry, dairy, livestock, poultry, bees, and any and all other forms of farm products cultivated, grown or produced by the agrarian community. Centers may include banks, restaurants, gift shops, equine and other livestock pavilions and show rings, veterinarian clinics and farm equipment sales.  Other established components include commonly recognized commercial vendors whose commodities are traded through facilities known as farmer’s markets; feed, seed and fertilizer sales; and livestock sales facilities-- all of which are conducted, operated or managed for profit or non profit as public markets for agricultural producers, market agencies and buyers. (Amended April 2007)

 

203                         Agricultural Uses

 

The growing and harvesting of crops including grass, legume, hay, grain, fruit and truck or vegetable crops, floriculture, horticulture, growing of mushrooms, nursery and forest planting stock, orcharding, forestry and the operation of greenhouses; the keeping, raising and feeding of livestock and poultry, swine, sheep, beef and dairy cattle, pony and horse productions; fur, game, fish and wildlife farm operation; farm buildings used for growing, harvesting and preparing crop products for market; roadside stands and signs pertaining to the sale or use of the premises or products produced thereon; farm buildings for storing and protecting farm machinery and equipment from the elements, for housing livestock and poultry and preparing livestock and poultry products for market; farm dwellings including mobile homes occupied by farm owners,  employees on the farm and members of the immediate family of the farm owner.  Provided, however, that such dwellings for the farm owners, employees and members of the immediate family of the farm owner  do not exceed a density of one dwelling for each five (5) acres, and shall comply with Section 711.2 of this Ordinance as it relates to employees of the farm on which the mobile home is located, and further it is provided that such dwellings can be subdivided from the farm if it is to be continuously occupied by an immediate family member.  It shall be comprised of a lot no smaller than one (1) acre in size, with access to an existing public road through an existing private driveway, to be shared with the original residence, through a platted and recorded access easement of fifteen (15) feet; or, the in-family lot can be comprised of a lot no smaller than five (5) acres in size with frontage on an existing public road or if the nearest property line of any lot is within 400 feet of the centerline of an existing public road; with a limit of no more than two (2) in-family lots fronting on an existing public road and sharing a common entrance; and meets all health and sanitation regulations in effect and contained herein, and provided further that the number of lots be limited to one lot in Woodford County per each immediate family member’s lifetime and that such family member shall hold title to the tract so conveyed for at least five (5) years, and if said conveyance is made to a minor, the five (5) year restriction for holding title begins when the minor turns eighteen (18),  and should the family members within five (5) years re-convey the tract to anyone other than to the person or persons from whom it was received, then such deed of re-conveyance shall be void, and provided further, that all such deeds from a farm owner to a family member shall contain a restrictive covenant stating clearly the five (5) year restriction for holding title and stating that any conveyance prior to said five (5) year restriction shall be void, and any deed from a farm owner to a family member pursuant to this section that fails to contain said restrictive covenant shall be void ad initio.  Provided further, that in the case of a judicial sale the restriction on re-conveyance shall not apply.  On farms where in-family conveyances are permitted all lots shall be counted against the sliding scale of “Lots to be Sold” as defined in Section 703.11(A).  In no case shall any farm of 100 acres or more be permitted to have more than fifteen (15) lots. (Amended May 2004)

 

Mobile homes in Agricultural Districts:  It is further provided that mobile homes may be the principal residential


structures on farms at least five acres in size.  Any additional mobile homes that are used on the farm shall contain a minimum density of one unit for each ten (10) acres except when such is subdivided from the farm and is placed on a lot no less than five (5) acres in size and shall comply with Section 711.2 of this Ordinance as it relates to employees of the farm on which the mobile home is located.  Mobile homes shall be provided the same yard requirements as for other types of dwelling units in the A-1 District.  Mobile homes must obtain a conditional use permit in order to be placed on any existing lot less than five acres in size.  In considering a conditional use permit the Board shall determine whether or not the mobile home will have a deleterious effect upon surrounding properties and that there is no objection from fifty percent (50%) of abutting property owners and provided that the mobile home is placed on a solid foundation and is underpinned.

 

204                         Alley

 

Any public or private way set aside for public travel, less than twenty five (25) feet in width.

 

205                         Animal Hospital and Clinic

 

A medical facility that provides for the examination, care, and treatment of animals that does not include boarding of animals except for those requiring emergency or medical treatment, which may include the storage of medicinal supplies when accessory to the primary use. (Amended December 2005)

 

206                         Assisted Living Facility

 

A building, establishment, complex, or distinct part thereof which: (a) accepts primarily aged persons for domiciliary care, not nursing or medical care; and (b) provides on site to its residents private lockable residential spaces; (c) provides on site to its residents in addition to the residential unit, meal service in a community dining facility and non-medical personal care services appropriate to the resident’s respective needs, (d) other than supervision of self administered medication, medical services are not provided.  The facility may provide space for an unrelated Home Health Service or a Medical Doctor’s Office for ease of access to those services by the residents, (e) provides linkages with hospital, community services and makes transportation available, (f) provides timely assistance to residents for response to urgent or emergency needs. (Amended November 1998)

 

207                         Athletic Club Facility

 

An establishment which provides for indoor and/or outdoor commercial or non-commercial services and facilities which purport to improve the user’s physical condition or appearance through participation in sports activities, fitness training, exercise, or body building.  The establishment may offer access to the following:  gymnasiums, swimming pools, tracks, ball courts, weight lifting equipment, exercise equipment or facilities, saunas, steam baths or whirlpools. (Amended December 2005)

 

 

 

208                         Automobile and Truck Repair, Major

 

Rebuilding or reconditioning of engines or transmissions, vehicles or trailers; repair and collision service, such as body, frame, or fender straightening; painting; upholstering; auto glass work and the like.

 

209                         Automobile and Truck Repair, Minor

 

Minor repairs including auto inspection lanes, engine tune-ups; adjusting lights and brakes; but not including any operation specified under "Automobile and Truck Repair, Major.".

 

210                         Automobile Service Station (Filling Station)

 

A building or structure used for minor automobile and truck repair, the retail sale and dispensing of fuel, lubricants, tires, batteries, accessories and supplies, including installation and minor services customarily incidental thereto; facilities for washing and for chassis and gear lubrication are permitted if enclosed in a  building.

211                         Automobile Salvage Yard (Includes Junk Yards and Auto Wrecking Yards)

 

Any place where three or more motor vehicles not in running condition, or other parts thereof, are stored in the open and are not being restored to operation; or any land, building or structure used for the wrecking or storing of such automobiles or the parts thereof.

 

212                         Bed and Breakfast/Inn Establishment

 

An establishment in a dwelling or structure located on land which is occupied and operated by the owner, lessee or owner’s agent, that supplies temporary accommodations to overnight guests for a fee.  (Amended December 2006)

 

213                         Billiards & Pool Halls      

 

Any establishment which has, as part of its operation three, (3) or more pool or billiard tables on the premises. (Amended December 2005)

 

214                         Board

 

The Board of Adjustment for Versailles-Midway-Woodford County, required by KRS 100, to administer applications for variances and conditional use permits and to hear appeals.

 

215                         Boarding or Lodging House

 

A building other than a hotel which maintains a guest register and provides sleeping rooms and meals or cooking facilities for overnight guests, primarily not transients, for compensation for three (3), but not more than twenty (20) persons.  A boarding or lodging house is distinguished from any other type of facility or use in that it is designed to be occupied and used for long term residents who are registered guests for a minimum of three (3) consecutive days and provides no services for non-overnight registered guests.  Such a facility must provide off-street parking for all guests. Where kitchen facilities are included in a sleeping room, such room shall be deemed a dwelling unit.

 

216                         Building

 

Any structure constructed or used for a residence, business, industry or other public or private purpose, or accessory thereto.

 

217                         Building Code

 

State mandated regulations that govern building, design, construction and maintenance. (Kentucky Building Code - KBC)

 

218                         Building Lines

 

Lines and/or utility easements and rights-of-way beyond which no building or part thereof shall project, except as otherwise provided by this Ordinance.

 

219                         Building Line - Width

 

The distance between the side lot lines measured along the front building line of the lot as determined by the prescribed front yard requirement of the zone in which the lot is located or as designated by the final record plat, whichever is greater.

 

220                         Building, Principal

 

A building, including covered porches, carports, and attached garages in which is conducted the principal use of the lot on which it is situated.  In any residential district any dwelling shall be deemed to be the principal building on the lot on which the same is situated. The connection of two buildings by means of an open porch, breezeway, passageway, carport or other such open structure, with or without a roof, shall not be deemed to make them one building.

 

221                         Business College, Technical or Trade School  (WOODFORD COUNTY & MIDWAY)     

 

An educational institution primarily owned and operated by an individual, partnership, or corporation offering training in business, trade, technical or related areas through residence, extension, or correspondence, for which tuition is charged.  Such training shall not include any courses or instruction in which the field or occupation would not be a permitted use within the zoning category in which the institution is located.  (Amended December 2005)

 

221A                      Business College, Technical or Trade School (VERSAILLES)

 

An educational institution primarily owned and operated by an individual, partnership, or corporation offering training in business, trade, technical or related areas through residence, extension, or correspondence, for which tuition is charged. (Amended January 2006)

 

222                         Camping Trailer

 

A vehicle intended for seasonal recreational use but not for year round living accommodations.  For purpose of this regulation, no trailer of any kind over twenty-two (22) feet in length shall be considered a camping trailer.

 

223                         Camp or Campgrounds


 

Tracts of land of a design or character suitable for and used for seasonal, recreational, and other similar living purposes.  The tracts may have located on them a structure of a seasonable, temporary or movable nature, such as a cabin, hunting shelter, or tent.  Any permanent structures, such as cabins, must comply with the appropriate requirements for dwellings in that district.

 

224                         Certificate of Occupancy

 

A certificate issued by the Building Inspector and Zoning Administrator, after construction has taken place, which certifies that the building meets minimum standards for human occupancy

 

225                         Child Care Center

 

Any facility which provides full or part-time care to at least four (4) children, other than family child care, day or night, to children who are not the children, grandchildren, nieces, nephews, or children in legal custody of the operator, as regulated by the Commonwealth of Kentucky. The term shall not include child care facilities operated by religious organizations while religious services are being conducted, or kindergarten or nursery schools which have as their primary function educational instruction. (Amended December 2005)

 

226                         Child Care, Family             

 

An incidental and subordinate use within a dwelling and not an accessory structure, where full or part-time care is provided by a resident of the dwelling, for a fee, to children, as regulated by the Commonwealth of Kentucky.  (Amended December 2005)

 

227                         Churches

 

A facility used primarily for religious worship services of an assembly nature that may secondarily provide social or community services such as counseling, child care, senior services, and educational programs.  For the purposes of this ordinance, synagogues, temples, and other places of religious assembly for worship, regardless of the terminology used by a specific faith or denomination, are considered churches pursuant to this definition. (Amended November 2003)

228                         Clinic, Medical

 

A building or part thereof designed and used for the diagnosis and treatment of human patients that does not including overnight care facilities. (Amended December 2005)

 

229                         Club, Private

 

Buildings and facilities the purpose of which is to render a social, educational, or recreational service to members and their guests and not primarily to render a service customarily carried on as a business or to render a profit.  Private clubs shall include country clubs.

 

230                         Commercial Composting  

 

The aerobic or anaerobic decomposition of solid, organic materials to produce a stabilized, humus-like material that can be recycled to the land as a soil conditioner and low grade fertilizer and primarily for use or distribution off the production site. (Amended December 2005)

 

231                         Commercial Greenhouses

 

Establishments primarily engaged in propagating and growing plants in containers, in soil or in other growing medium for the purpose of being sold and transplanted.  This definition shall include sale of the following items:  Plants grown on the premises or tended in a controlled environment of the greenhouse or plant nursery; sale of fungicides, insecticides, chemicals, peat moss, humus, mulches, and fertilizer, all to be used in the soil or upon the live plant to preserve the life and health of the plants sold; landscape counseling, site planning contracting services when not the primary activity and when using plants grown or tended on the premises of the greenhouse or plant nursery.  Note:  This definition only applies to land use as provided for in the Zoning Ordinance and Subdivision Regulations and is not intended to affect the status of any business with regard to any federal or state tax laws or similar statues.

 

232                         Commercial Resort 

 

A resort furnishing lodging, meals, and such recreational facilities as swimming, boating, shuffleboard, horseback riding, and golf.  The recreational facilities shall be incidental to the furnishing of lodging and meals.

 

233                         Commission

 

Versailles-Midway-Woodford County Planning Commission established pursuant to Chapter 100 of the Kentucky Revised Statues.

 

234                         Community Center

 

Buildings and facilities for a social, educational, or recreational purpose, operated by a non-profit organization, which are generally open to the public and which do not render a service customarily carried on as a business.

 

235                         Comprehensive Plan

 

The adopted plan for Versailles-Midway-Woodford County which 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.

 

236                         Conditional Uses

 

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

 

237                         Conditional Use Permit

 

Legal authorization to undertake a conditional use, issued by the administrative official pursuant to authorization by the Board of Adjustment, consisting of two (2) parts:

 

A.            A statement of the factual determination by the Board of Adjustment which justifies the issuance of the permit and

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

 

238                         Density

 

Number of dwelling units per acre.

 

239                         Dormitory

 

A building containing sleeping rooms operated by a school for academic instruction, or by a business college, technical or trade school, for which admission to residency is limited exclusively to students of such an institution, school or college.  Where kitchen facilities or provisions for such are provided, such rooms shall be deemed dwelling units.

 

240                         Dump

 

A lot or tract of land or part thereof used for the disposal by abandonment, dumping, burial, burning, or other means of trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind except garbage.

 

241                         Dwelling

 

A permanent building used primarily for human habitation but not including mobile homes or facilities for the housing of transient residents, occupied exclusively for residential purposes..

 

A.            Dwelling, Single Family  -  A permanent building, separate and free standing, in itself providing living accommodations for one family.

 

B.            Dwelling, Two Family  - A permanent building designed exclusively for occupancy by two families, commonly known as a duplex.

 

C.            Dwelling, Multiple Family  - A permanent building or portion thereof providing separate living accommodations for three or more families.

 

242                         Dwelling Unit

 

A single unit, consisting of one room or rooms connected together, providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, kitchen facilities and sanitation.

 

 

 

 

243                         Family

 

A group of one or more persons occupying a premise and living as a single housekeeping unit, whether or not related to each other by birth, adoption or marriage, but no unrelated group shall consist of more than five persons, as distinguished from a group occupying a boarding or lodging house or hotel.

 

244                         Family Member (Immediate)

 

One or more persons related to each other by birth, adoption or marriage.  For purposes of in-family conveyances this would be parent-to-child, child-to-parent, spouse to spouse, sibling to sibling, grandparent to grandchild and grandchild to grandparent.  Unrelated individuals jointly owning property are not eligible to utilize the in-family conveyance ordinance. Amended May 2004

 

245                         Filling Station ( See "Auto Service Stations")

 

 

246                         Floodplain

 

Any land area susceptible to be inundated by water from the base flood.  The term refers to that area designated as subject to flooding from the base flood (100 year flood) on the "Flood Boundary and Floodway Map" prepared by the U.S. Department of Housing and Urban Development, a copy of which is on file in the planning department. 

 

247                         Floodway

 

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface more than one foot.  The term refers to that area

designated as floodway on the "Flood Boundary and Floodway Map" prepared by the U.S. Department of Housing and Urban Development, a copy of which is on file in the planning department.

 

248                         Floor Area

 

The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage;  without deduction for hallways, stairs, closets, thickness of walls, columns or other features; but, including finished attics, and finished basements.

 

249                         Floor Area Ratio

 

Floor area of buildings on a lot divided by ground area of the lot on which it is located.

 

250                         Garden Centers (office & sales yard)

 

Establishments used primarily for the sale of live plants, including greenhouses and plant nurseries. When accessory to the sale of plants, the sale of the following items shall be allowed: Cut plants, cut trees, and wreaths, bulbs and seeds which may have been transported to the premises for the purpose of resale; ground covers; fungicides, chemicals, peat moss, humus, mulches and fertilizers; lawn statuary, furniture, bird baths, bird feeders, birdhouses and pottery; pots and containers for plants; artificial flowers; home lawn and garden equipment including manual and automatic grass cutting devices, grass seeding devices, mulchers, thatchers, tillers, but not including farm tractors and machinery; garden landscape devices including railroad ties, stepping stones, fencing, edging, trellises, plastic and burlap; hand tools such as sprayers, shovels, dusters, rakes, hoes, and watering devices; firewood; landscape planning and contracting services incidental to the garden center to include contractual services for lawn and garden sprigging, maintenance, fertilizing, spraying and mowing. (Amended December 2005)

 

251                         Garage, Private

 

An accessory building  (including a carport) housing not more than four (4) motor driven vehicles.  The building owner may lease vehicle space but shall not provide repairing or servicing of motor vehicles for financial gain.

 

 

 

 

252                         Garage, Public

 

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

     

253                         Garbage

 

Any odorous, putrescible or combustible waste materials.

 

254                         Greenhouses, Commercial  (See "Commercial Greenhouses")

 

255                         Group or Row House

 

A group or row of not more than eight (8) semi-detached single-family dwellings not more than two (2) rooms deep with access to a street as herein defined.

 

256                         Hazardous Materials

               

Any chemical, biological or radiological compound, gas, oil, gasoline, lubricant or other petroleum products, substances, solution or mixture which because of its quality, quantity, concentration, physical or infectious characteristics, or any combination thereof, when released into the environment, presents or may present harmful or potentially harmful effects to human health or welfare or the environment. (Amended December 2005)

 

257                         Height, Building

 

The vertical distance from the grade to the top of the highest roof beam of a flat roof, or to the mean level of the highest gable or slope of a hip roof.  When a building faces on more than one street, the height shall be measured from the average of the grades at the center of each street front.

 

258                         Heliport

 

A facility used exclusively for helicopter operations including landing, takeoff, loading, discharging, fueling, maintenance, and/or transient storage of helicopters. (Amended December 2005)

 

259                         Helistop

 

A facility used exclusively for helicopter landing, take-off, loading, discharging, and/or transient storage of helicopters but not including facilities for maintenance, fueling or long-term storage of helicopters. (Amended December 2005)

 

259A                      Home Improvement Store

 

A facility of more than 50,000 square feet gross floor area engaged in the retail sale of various basic hardware lines such as tools, builders hardware and materials, paint and glass, house wares and household appliances, home decorating fixtures and accessories, lawn and nursery materials and supplies and other items generally used in the maintenance, repair or construction of buildings or other structures and property. (Amended May 2008)

 

260                         Home Occupation

 

A gainful occupation or profession carried on in a residence such as the studio of an artist or sculptor, dressmaking and tailoring, upholstery, handicrafts, tutoring, individual musical instruction (provided no instrument is amplified) and professional services,  provided such home occupation is performed under the following conditions:

 

 (1)          The use is clearly incidental and secondary to use for dwelling purposes and occupies no more than twenty-five percent (25%) or three hundred (300) square feet of the total floor area of the dwelling, whichever is less.

(2)           The use is conducted entirely within a dwelling and not in any accessory building.

(3)           The use is carried on only by residents of the dwelling.

(4)           No mechanical equipment is installed or used except as is normally used for domestic or professional purposes.

(5)           No stock and trade are kept or commodities sold except such as are produced by the residents on the premises.

(6)           The use does not require external alteration of the dwelling.

(7)           The use does not adversely affect the uses permitted in the immediate neighborhood by excessive traffic generation or noise.

(8)           No outside signage of any kind shall be displayed on the property which identifies the home occupation.

(9)           No additional blacktop, concrete or gravel parking shall be permitted beyond that normally provided in comparable neighborhood homes. (Amended December 2005)

 

261                         Home Office        

 

An office for record keeping and administration of work. Such office shall be subject to the following conditions:

 

(1)           The office shall be clearly incidental and secondary to the use for dwelling purposes with no more   than twenty-five percent (25%) nor more than five hundred (500) square feet in any case of the dwelling devoted to the office use.

(2)           The office shall be located in the dwelling unit and not in any accessory building.

(3)           The office shall be operated by and shall employ only residents of the dwelling unit.

(4)           No sale of merchandise shall be conducted on the property.

(5)           No commodities or merchandise shall be stored on the property and no storage, as defined herein shall be

permitted.

(6)           No signs of any kind shall be displayed on the property which identifies the home office use.

(7)           No visits to the home office by customers, clients, patrons and the general public are allowable.

(8)           The residence shall maintain its residential character and shall not be altered or remodeled so as to change the residential appearance of the building.  (Amended December 2005)

 

262                         Hotel  (See Motel)

 

263                         Junk Yards

 

A lot, land, building, or structure, or part thereof used primarily for the collecting, storage, and/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 for the sale of parts there from.

 

264                         KRS 100

 

Kentucky Revised Statutes that enable cities and counties to enact local planning and land use regulations and specify how planning and zoning shall be administered.

 

265                         Kennel

 

Any place where house pets are kept for purposes other than those customary and incidental to a household.

 

266                         Kitchen Facilities

 

Equipment arranged in a room or some other space in a structure which facilitates the preparation of food including, but not limited to, a combination of two or more of the following--a range, microwave oven, dishwasher, kitchen sink, or refrigerator.

 

267                         Lodging House (See Boarding House)

 

268                         Lot

 

A piece, parcel, tract or plot of land occupied or to be occupied by one principal building and its’ accessory buildings and including the open spaces required under this regulation.

 

269                         Lot of Record

 

Any lot, the deed of which is on record at the office of the County Clerk of Woodford County at the time of enactment of this resolution.

270                         Lot Area, Gross

 

The total area circumscribed by the boundaries of a lot, except when the boundary of the lot extends into a public street right-of-way, then the street right-of-way shall be used in computing the lot area.

 

271                         Lot Coverage

 

The computed portion of ground area occupied by the outside walls of buildings and structures as defined by gross floor areas within a lot.

 

272                         Mail Order Business        

 

A business engaged in the sale of manufactured products, goods, merchandise and finished products primarily through means of mail or telephone orders, including the administrative offices of such business. (Amended December 2005)

 

273                         Marina

 

A dock providing secure moorings for boats that may include accessory retail facilities for boat owners, crews and their guests. (Amended December 2005)

 

 

274                         Mobile Home

 

A structure transportable in one or more sections which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities.  The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to improve property.

 

275                         Mobile Home Park

 

An area developed as herein specified with accommodations for not less than ten (10) mobile homes.

 

276                         Mobile Home Subdivision

 

A residential subdivision designed exclusively for and occupied only by mobile homes and similar units designed for transportation in which the homes and the land are owned by the occupants.

 

277                         Motel or Hotel

 

A building or group of buildings containing individual sleeping or living units (suites) designed for the temporary occupancy of transient guests and including hotels, motor lodges, motor hotels, or auto courts, but not including boarding or lodging houses.  (Must provide off-street parking as specified by this Ordinance)

 

278                         Motor Home

 

A self propelled vehicle with a dwelling constructed as an integral part of the vehicle.  (See more under Recreational Vehicle)

 

279                         Nonconforming Lot

 

A lot of record existing at the effective date of the zoning ordinance (and not created for the purposes of evading the restrictions of this chapter) that does not meet the minimum area requirement of the district in which the lot is located.

 

280                         Non-conforming Use or Structure

 

An activity or a building, sign, structure, or a portion thereof which lawfully existed before the adoption of the zoning ordinance, but which does not conform to all of the regulations contained in the zoning ordinance which pertain to the zone in which it is located.

 

 

 

 

 

281                         Nursing Home or Rest Home

 

A home for the aged, chronically ill or incurable persons in which three (3) or more persons not of the immediate family are received, kept, or provided with food and shelter and care for compensation, but not including hospitals, clinics, or similar institutions devoted primarily to the diagnoses, treatment, or care of the sick or injured.

 

282                         Open Space

 

Outdoor area of a lot or tract which is designated and used for outdoor living, recreation, pedestrian access or planting.  Off-street parking and loading areas, driveways, and required front and side street side yard areas do not qualify as useable open space.

 

283                         Permits

 

A.    Building Permit -  A permit issued by the Building Inspector and Zoning Administrator authorizing the construction or alteration of a specific building on a specific lot, submitted and approved per the Kentucky Building Code (KBC) as adopted by jurisdiction.

 

B.    Temporary Occupancy Permit - A temporary certificate issued by the Building Inspector for a building or structure, or part thereof, before the entire work covered by the permit has been completed, provided that such portion or portions will be occupied safely prior to full completion of the building or structure without endangering life or public welfare.

 

C.    Wrecking Permit (Demolition Permit) - A permit issued by the Building Inspector before a building or structure or major part thereof is razed.

 

D.    Grading Permit - A permit issued by the Zoning Administrator before any stripping, cutting, filling, stockpiling of earth or land.

 

E.     Sign Permit - A permit issued by the Zoning Administrator before any sign is erected, moved, added to, or structurally altered.

 

F.     Zoning Permit - A permit issued by the Zoning Administrator that authorizes the recipient to make use of property in accordance with the requirements of this zoning ordinance.

 

284                         Personal Services or Personal Service Establishments

 

Commercial business providing services to individuals such as beauty and barber shops, shoe repair, dressing making and tailoring.  (Amended December 2005)

 

285                         Planned Unit Development (PUD)

 

A complex of structures and uses planned as an integral unit of development rather than as single structures on single lots, and overall density of the zoning district is met.

 

286                         Plant Nursery

 

An establishment engaged in the outdoor cultivation of only trees and shrubs for transplanting.  A greenhouse may be an accessory structure when used to propagate and prepare the trees or plants for planting on the premises. (Amended December 2005)

 

287                         Principal Permitted Use

 

A use which is permitted outright in a district for which a zoning certificate may be issued by the Zoning Administrator in accordance with the provisions of the Ordinance.

 

288                         Principal Structure

 

A building in which is conducted a principal or conditional use.  In any residential zone, any structure containing a dwelling unit shall be deemed a principal structure on the lot on which the same is located.  Where a non-conforming use is the primary use on the property, the building in which it is located shall be deemed a principal structure.

 

289                         Principal Use of Structure

 

The primary use of the land or the main structure on a lot which determines the primary activity that takes place on the land or in the structure.

 

290                         Recreational Vehicle

 

A vehicle which is: (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable to a light duty truck; and (d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

 

291                         Rehabilitation Home

 

A building or group of buildings providing a supervised residence for persons recovering from the effects of drug or alcohol abuse, psychiatric disorders, or as a condition of their parole or probation.  Such homes may provide counseling in educational, vocational, or other areas by a paid or volunteer staff and generally have twenty-four (24) hour-a-day supervision.

 

292                         Restaurant

 

An eating establishment where food is served and/or consumed primarily within the building and where consumption of food in motor vehicles on the premises is not encouraged.  Note:  A restaurant may only include drive-through facilities (where food is served to patrons while in their motor vehicle through a window or other facilities and consumption on the premises in motor vehicles is not encouraged) as permitted and regulated in the zone in which the restaurant is located.

 

293                         Restaurant, Drive-In

 

An eating establishment where food is served by employees or by self-service outside the building and consumed on the premises principally in a motor vehicle.

 

294                         Rural Residential District

 

The Rural Residential District is a zoning district classification applicable to residential subdivisions of property located outside existing urban service boundaries of Woodford County and within an A-2 Agricultural district; the number of building lots on any individual property is based on a sliding scale approach which considers the total size of the parcel owned.  Eighty percent (80%) of the land in this farm shall be residual farmland or open space utilized for those permitted uses within an A-2 Agricultural District other than single family dwelling units and their accessory structures, except that if there is one existing farm dwelling (as of April 1, 1999) it can remain on the residual farmland and not be subject to Section 803.  In the event the residual farmland or open space is thirty acres (30) or less and one farm residence exists or is proposed on the residual, then in that event, the residual farmland or open space shall remain as one undivided parcel; if no farm residence exists or is proposed on the residual farmland, or in the event, that more than thirty (30) acres of residual farmland exists, where a farm residence exists or is proposed, then, in that event, the residual farmland or open space, or in the case when a farm residence exists or is proposed, the excess of the residual farmland over thirty (30) acres may be owned jointly or in common by the owners of the building lots, or an association of the owners of the subdivision or a person or entity who does not necessarily own a dwelling unit within the rural residential subdivision, but who makes a binding commitment to utilize the land for permitted uses other than the construction or maintenance of any dwelling units except one existing farm dwelling as noted above.  If one farm dwelling exists or one is proposed on the residual farmland one “Lot to be Sold” shall be reduced from the sliding scale established in 703.11 (A), and all residual farmland acreage up to and including thirty (30) acres of the designated residual farmland shall remain as one undivided parcel. (Amended April 1999)

 

 

 

 

295                         Schools for Academic Instruction

 

All schools offering primarily classroom instruction with participation of teachers and students, limited to elementary, junior and middle high schools, high schools, junior colleges, colleges, theological seminaries, bible colleges, and universities; but not including business colleges, technical or trade schools. (Amended December 2005)

 

296                         Sign

 

Shall mean and include