§ 158.004. DEFINITIONS.

(A) For the purpose of this chapter, certain terms or words used herein shall be interpreted as follows.

(1) The word person includes a firm, association, organization, partnership, trust company or corporation as well as an individual.

(2) The present tense includes the future tense, the singular number includes the plural and the plural number includes the singular.

(3) The word shall is mandatory, the word may is permissive.

(4) The words used or occupied include the words intended, designed or arranged to be used or occupied.

(5) The word lot includes the words plot or parcel or tract.

(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACCESSORY. Any supplementary item, object, or group of objects which aids in any vocation and is clearly incidental to the land use.

ACRE. An area consisting of 43,560 square feet.

ADDITION. An extension or increase in floor area or height of a building or structure.

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 or on a landmark site, it shall also mean work that changes the appearance of the exterior regardless of whether the work requires a permit from the government. As applied to a watercourse, it shall mean changing the carrying capacity or location of stream, channel or waterway.

AGRICULTURE. The use of land for farming, dairying, pasturage, animal and poultry husbandry and other similar uses; and the necessary accessory uses for packing, treating or storing of produce, providing however, that the operation of any such accessory uses shall be secondary to that of the principal agricultural activities and; provided, further, that the above uses shall not include the commercial feeding of garbage or offal, defined as the by-product of animal processing to swine or other animals.

ALLEY. Any public or private way set aside for public travel with less than 20-foot right-of- way.

ASSISTED LIVING FACILITY. A structure or structures with sleeping rooms for unrelated individuals, requiring minimal medical supervision, usually with communal living space and kitchen. Facilities may also include office and sleeping rooms for staff members. ASSISTED LIVING FACILITY does not include a nursing home or residential care facilities.

BAR or LOUNGE. Any eating, drinking, or entertainment (including nightclubs, taverns, dance halls, pool halls and similar uses) establishment which derives less than 50% of its income from food sales.

BED AND BREAKFAST. A residential establishment in a private dwelling that supplies temporary accommodations to overnight guests.

BINDING ELEMENT. Those conditions agreed to by the Joint City-County Planning Commission and the applicants which are imposed upon a development plan or zone change application and which control the development and use of the property in question. The conditions may be in writing or by graphic representation. BINDING ELEMENTS are enforceable by the Joint City-County Planning Commission staff or code enforcement officer whether they are formally recorded in the Barren County Clerk’s Office or not.

BUILDING. Any structure constructed or intended for residence, business, industry, for either public or private purposes, or accessory thereto, and including tents, lunch wagons, dining cars, house trailers, billboards, signs and similar structures whether stationary or movable.

(a) ACCESSORY BUILDING. A subordinate building, the use of which is incidental to that of a principal building on the same lot.

(b) APARTMENT BUILDING. Three or more living units.

(c) PRINCIPAL BUILDING. A building including covered porches and paved patios, in which is conducted the principal use of the lot on which it is situated. In any residence district, any dwelling shall be deemed to be the principal building on the lot of which the same is situated.

CENTERLINE OF STREET. The center of the surveyed street right-of-way.

CONDITIONAL USE. A use which has certain characteristics which may be detrimental to the neighborhood, but which may be a permitted within a district other than a permitted use, requiring a conditional use permit and approval of the Board of Adjustment.

DAYCARE. Any facility that offers part-time care day or night, but less than 24 hours per day to either children or adults not related to the operator or the facility by blood, marriage, or adoption and are not the children, grandchildren, children in legal custody, nieces or nephews of the operator.

DENSITY. A measure of the intensity of the use of a piece of land expressed in dwelling units, families, housing structures per acre, or minimum lot size requirements.

(a) GROSS DENSITY. The number of dwelling units per acre of land to be developed prior to dedication of public rights-of-way.

(b) NET DENSITY. The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential use.

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 facilities, access points, a plan for landscaping, screening, or buffering, utilities, existing, man made and natural conditions, and all other conditions agreed to by the applicant. For further information, refer to Chapter 152 of the City of Glasgow Code of Ordinances.

DWELLING. A house, townhouse, apartment building or other buildings used primarily for human habitation that meet the minimum requirements of the housing code. The word DWELLING shall not include boarding or rooming houses, hotels, motels, house trailers or other structures designed for transient residence.

(a) DWELLING, SINGLE-FAMILY. A dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space.

(b) DWELLING, TWO-FAMILY. A dwelling consisting of two dwelling units which may be either attached side by side or one above the other and each unit having a separate or combined entrance or entrances.

(c) DWELLING, MULTI-FAMILY. A dwelling consisting of three or more dwelling units including condominiums with varying arrangements of entrances and party walls.

(d) 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 physically separated from any other rooms or dwelling units which may be in the same structure and containing independent cooking and sleeping facilities.

EARTH MOUNDS. Ridges of piled earth constructed with proper slopes (not to exceed 3:1) and plant material to prevent erosion.

FACADE. The principal face of a building, either artificial or structurally essential.

FAMILY. One or more persons occupying a premises and living as a single non-profit housekeeping unit, as distinguished from a group occupying a hotel, club, nurses home, fraternity or sorority house.

FENCE. An artificially constructed barrier of wood, metal, or masonry materials erected to enclose or screen areas of land which is consistent with the surrounding neighborhood.

FINISHED GRADE. The elevation of the site after excavating or filling which conforms to the approved final grading plan. The finish grade is also the grade at the top of a paved surface.

FLOOD HAZARD AREA OR SPECIAL FLOOD HAZARD AREA. Any area included in the flood area as delineated by the Flood Insurance Rate Map (FIRM).

FLOOD INSURANCE RATE MAP (FIRM). An official map of a given area, on which the Federal Emergency Management Agency (FEMA) has delineated the area to be in a flood hazard area.

GROUND COVER. Planting with a mature height of 12 inches or less including but not limited to grass, certain junipers, and ivy. Within landscaped areas next to a public right-of-way, crushed rock, tree bark or process shale may also be used.

HALFWAY HOUSE. A residence for former mental patients, convicts, or recovering drug users or alcoholics that serves as a transitional environment between confinement and the return to society.

HEDGE. A row of bushes planted at such interval as to create a continuous mass within two years after planting.

HEIGHT OF BUILDING. The distance from the established average sidewalk grade or street grade or finished grade at the building line whichever is the highest, to the highest point of the building.

HOME OCCUPATION. Any use customarily conducted within a dwelling, carried on by a member or members of a family residing on the premises, which is clearly incidental to the residential use and which does not alter the character thereof by reason of noise, odor, traffic generation or otherwise change the character of the surrounding area. A HOME OCCUPATION constitutes any activity wherein payment is received on the premises or foot and/or vehicle traffic is increased beyond the parameters of typical residential use.

INOPERABLE VEHICLE. Any vehicle for conveyance that has surpassed the ability to move of its own power or force from a human or animal.

JUNKYARD. A place where waste of discarded or salvaged materials are bought, sold, exchanged, stored, cleaned, packed, disassembled, or handled including vehicle wreckage in which the general operation is located outside of a building.

JUVENILE DETENTION CENTER. Any facility that houses persons deemed by the Commonwealth of Kentucky to be a convicted criminal younger than an adult. Varying from a residential treatment facility or residential treatment program a JUVENILE DETENTION CENTER is a location that precludes those detained from leaving the facility without supervision.

KENNEL. Any lot or premises on which four or more dogs, or small animals, at least four months old or older are kept.

LANDSCAPE BUFFER AREA (LBA). An area of land, including landscaping, earth mounds, walls, and fences, that is located between land uses of different character and is intended to mitigate negative impacts and minimize conflict between the more intense use on adjacent properties.

LANDSCAPE PLAN. A scaled drawing, including dimensions and distances, existing and proposed buildings, vehicle use areas, landscape buffer areas, driveways, and the location, size and description of all landscape material.

LANDSCAPING. The use of planting material, pavements, walls, fences and earth mounds to enhance the aesthetic and safety characteristics of new and existing development.

LOADING SPACE, OFF-STREET. Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to the vehicles when required off-street parking spaces are filled.

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

LOT COVERAGE. The ratio of enclosed ground floor area of all buildings and parking on a lot to the horizontally projected area of the lot, expressed as a percentage.

LOT MINIMUM AREA OF. The area of a lot which is computed exclusive of any portion of the rights-of-way of any public street.

LOT OF RECORD. Any lot which is duly recorded and on file at the time of enactment of this chapter in the office of the County Clerk.

LOT FRONTAGE. The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage.

LOT DEPTH. The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

LOT WIDTH. The distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard, provided however that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80% of the required lot width, except in the case of lots on the turning circle of cul-de-sac, where the 80% requirements shall not apply.

MANUFACTURED HOME. A structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis and 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. This definition does not preclude nor supersede any definition found in KRS 100.348(2)(c), further described in § 158.295 of this chapter.

MIXED USE DEVELOPMENT OVERLAY. A type of urban development that blends residential, commercial, cultural, or institutional uses, where those functions are physically and functionally integrated and provides pedestrian connections.

MOBILE HOME. A structure, transportable in one or more sections built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation erected prior to 1976.

MOBILE / MANUFACTURED HOME PARK. Any area of land upon which two or more occupied mobile homes, manufactured homes or qualified manufactured homes are located and including any building or structure used or intended for use as a part of the equipment of the MOBILE / MANUFACTURED HOME PARK.

MODULAR HOUSING. A structure designed primarily for residential or commercial occupancy, designed and constructed to the Kentucky or National Building Code, which is manufactured in one or more sections in a factory for installation on a permanent foundation at its final location.

NON-CONFORMING LOT. A lot, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.

NON-CONFORMING STRUCTURE. A structure (including signs) or building the size, dimensions and location of which was lawful prior to and at the time of the adoption, revision or amendment to this chapter, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.

NON-CONFORMING USE. A use of a building or land lawful at the time of enactment of this chapter that does not conform with the permitted use provisions of this chapter for the district in which it is located, in accordance with KRS 100.253(3).

OPACITY. An object’s imperviousness to the passage of light.

PARKING SPACE, OFF-STREET. For the purpose of this chapter, usable and accessible open space designed and designated for temporary automobile storage consisting of an area adequate for parking an automobile with room form opening doors on both sides and the properly related access ways not located within a street right-of-way.

PERSON. A firm, association, organization, partnership, trust, company or corporation as well as an individual.

PLANNED UNIT DEVELOPMENT (PUD). A large scale development providing flexibility in design and a mixture of uses, separately, which are not possible under traditional zoning.

QUALIFIED MANUFACTURED HOME. A manufactured home that meets the requirements set forth in KRS 100.348(2)(d) and is further described in § 158.295 of this ordinance.

RECREATIONAL VEHICLE (RV). Either a motorized or pull behind, wheeled vehicle used for camping or other recreational activities.

RECYCLING CENTER. A facility for the collection and temporary storage of segregated, non-hazardous materials for subsequent use in the secondary materials market which are to be transported to another location for processing.

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 and 100.984.

RESIDENTIAL TREATMENT PROGRAM. A set of organized and intensive individual and group therapeutic activities, provided in a 24 hour setting, which assists a client in recovering from alcohol or other drug abuse. For the purposes of this zoning chapter, a halfway house shall be considered, and adhere to all regulations of a RESIDENTIAL TREATMENT PROGRAM.

RESTAURANT. An establishment whose principal business is the serving of food and beverages primarily to persons seated within the building.

SALVAGE YARD. A facility or area for storing, keeping, selling, dismantling, shredding, compressing, or salvaging scraps or discarded material or equipment.

SCREENING. A method of visually or audibly shielding or obscuring an adjacent or nearby structure or use from another by fencing, walls, earth mounds, or densely planted vegetation.

SETBACK. A line established by the zoning ordinance, generally parallel with and measured from the front property line, defining the limits of a yard in which no building, or accessory building or structure may be located above the ground, except as may be provided in this chapter.

SHRUBS. Planting materials with a functional mature height of two to 12 feet with foliage for its full height.

SIGN. Any device designed to inform or attract the attention of persons not on the premises on which the sign is located; however, the following shall not be included in the application of the regulations herein:

(a) Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, names of occupants of premises or other identification of premises not having commercial connotations;

(b) Flags and insignias of any government, except when displayed in connection with commercial promotion;

(c) Legal notices; identification, information or directional signs erected or required by government bodies;

(d) Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights; and

(e) Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.

STORAGE YARD. Any locale in which an item, group of items or accessories (see ACCESSORY) is stored and is clearly incidental to the primary use of the occupation taking place on the property.

STREET.

(a) Any public or private way set aside for public travel more than 20-feet right-of-way.

(b) The word STREET shall include the words ROADS,HIGHWAYS and THOROUGHFARE.

STRUCTURE.

(a) Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground.

(b) ACCESSORY STRUCTURE. A structure on the same lot with, and of a nature customarily incidental and subordinate, to the principal structure.

TOTAL FLOOR AREA. The area of all floors of a building, including finished attics and finished basements.

TOWNHOME. A dwelling unit that has an exterior wall with another dwelling unit that abuts the exterior wall of another dwelling unit such that it is structurally independent. Such exterior walls shall extend from the ground to the roof.

TREES. Planting materials with a functional mature height of ten or more feet. When used in conjunction with VUA landscape islands, trees should have a minimum clear height of five feet from the ground to the lowest branch.

USABLE FLOOR SPACE. The area of all floors that may be used as either living, working or storage areas.

USE. The purpose or activity for which a building, structure or land is occupied or maintained.

VEHICLE. Any device or structure for transporting persons or things for conveyance.

VEHICLE USE AREA (VUA). 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. A permanent contiguous barrier of wood, metal, or masonry materials erected to enclose or screen areas of land which is consistent with the surrounding neighborhood.

YARD. An open space on the same lot with a principal building, open, unoccupied and unobstructed by buildings from the ground to the sky except as otherwise provided in this chapter.

(a) FRONT YARD. The yard extending across the entire width of the lot between the front lot line and the nearest part of the principal building.

(b) REAR YARD. The yard extending across the entire width of the lot between the rear lot line and the nearest part of the principal building.

(c) SIDE YARD. A yard extending along the side lot line from the front yard to the rear yard and lying between the side lot line and the nearest part of the principal building.

(1989 Code, § 154.004) (Ord. 1063, passed 2-27-1967; Am. Ord. 2124, passed 8-28-1995; Am. Ord. 2319, passed 11-8-1999; Am. Ord. 2542, passed 10-24-2005; Am. Ord. 2774, passed - -; Am. Ord. 2802, passed 10-22-2012; Am. Ord. 2018-2916, passed 4-9-2018)