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McCracken County Zoning Definitions
Accessory building and use.
A subordinate building or uses located on the same lot with the principal
building, or a subordinate use of land, either of which is customarily
incidental to the principal building or to the principal use of the land.
Where part of the wall of a an accessory building is part of the wall of the
principal building in a substantial manner, as by a roof, such accessory
building shall be counted as part of the principal building. Accessory
living quarters. Living quarters within an accessory building, and not
rented or otherwise used as a separate dwelling.
Administrative Official. An administrative
official, or officials, shall be designated by the County Judge Executive or
County Administrator to administer the zoning regulation, and if delegated,
housing and building regulations. The administrative official may be designated
to issue building permits or certificates of occupancy, or both, in accordance
with the literal terms of the regulation, but may not have the power to permit
any construction, or to permit any use or any change of use which does not
conform to the literal terms of the zoning regulation.
Agriculture. An area for the income producing,
production and wholesaling of agricultural or horticultural crops, including but
not limited to livestock, livestock products, poultry, poultry products, grain,
hay, pastures, soybeans, tobacco, orchards, 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 development for sale or lease to the public.
Agriculture uses including production and wholesaling of agricultural or
horticultural crops, including but not limited to, livestock, livestock
products, poultry, poultry products, grain, hay, pastures, soybeans, tobacco,
orchards, fruits, vegetables, flowers, or ornamental plants, small wineries
licensed under KRS 243.155, 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 development for sale or lease to the public.
Agricultural Farm Building. Buildings other
than dwellings, to be located on agricultural lands that are: a)
incidental to the operation of a farm; b) the building is not used for
business of a retail trade; c) the building is not used as a regular place
of work for 10 or more people; d) not used for the storage of
timber, or the processing of timber products.
Alley. A permanent public service way providing
a secondary means of access to abutting lands.
Assisted Care Home. A residential dwelling that
offers services the as a combining of housing, personalized supportive services
and health care designed to meet the individual needs of persons who need help
with the activities of daily living, but do not need the skilled medical care
provided in a nursing home. This definition includes congregant living.
Automobile Service Station. An establishment
with the primary business function of the retail sale of gasoline for passenger
car use, and the minor service and repair work incidental to the operation of
passenger automobiles.
Block Frontage. All the property fronting on
one side of a street between intersecting streets, or between a street, and a
right-of-way of a dead-end street or County boundary, measured along the street
line.
Board. The McCracken County Board of
Adjustment.
Building. Any structure having an enclosed space and a roof for
the housing or enclosure of persons, animals or chattels. The word
"building" includes the word "structure".
Building Area. The maximum horizontal projected
area of the principal and accessory building, excluding open steps or terraces,
unenclosed porches not exceeding one story in height or architectural
appurtenances projecting not more than two feet.
Building, detached. A building having no party
wall in common or structural connection with another building.
Building, front line of. The line of the face of the building
nearest the front lot line.
Building, height of. The vertical distance from
the average contact ground level at the front wall of a building to the highest
point of the coping of a flat roof, or to the deck line of a mansard roof, or to
the mean height level between eaves and ridges for gable and hip or gambrel
roofs.
Building, government. A building owned,
occupied, or leased by any unit of federal, state, or local government which is
used for the purpose of conducting any useful or necessary governmental
function.
Building Line. The line nearest the front and
across a lot establishing the minimum open space to be provided between the
front line of a building or structure and the front line.
Building, nonconforming. A legally existing
building, which fails to comply with the McCracken County Zoning Regulations,
that are applicable to the zone in which this building is located.
Building, principal. A building which has
conducted the main or principal use of the lot on which the said building is
situated. Where a substantial part of an accessory building is attached to
the principal building in a substantial manner, as by a roof, such accessory
building will be counted as a part of the principal building.
Building, semidetached. A building having one
party wall in common with an adjacent building.
Campground. Any area or tract of land used to
temporarily accommodate two or more camping parties, including cabins, tents,
house trailers, or other camping outfits.
Carport. A structure consisting of a roof and
either walls or columns for the purpose of housing automotive vehicles and other
chattels; said structure shall be considered a building.
Cemetery. Land used for the burial of the dead
and dedicated for cemetery purposes, including columbarium, crematories,
mausoleums and mortuaries when operated in conjunction with and within the
boundary of such cemetery.
Clinic or medical health center. An
establishment where patients are admitted for special study and treatment by one
or more licensed physicians and/or dentists and their professional associates,
as distinguished from a professional office for general consultation purposes.
Commercial. The engaging in the purchase, sale,
barter or exchange of goods, wares, merchandise or service, the maintenance or
operation of offices, recreational and amusement enterprises.
Commission. The McCracken County Planning
Commission.
Conditional Use. A use which would not impair
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.
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 parts:
1. A statement of the factual determination by the
Board of Adjustment, which justifies the issuance of the permit.
2. A statement of the specific conditions, which must
be met in order for the use to be permitted.
Convalescent or Nursing Home.
Establishments, which provide full-time convalescent or chronic care, or both,
for four or more individuals who are not related by blood or marriage to the
operator, and who, by reason of chronic illness or infirmity, are unable to care
for themselves. Neither care for the acutely ill nor surgical or
obstetrical services shall be provided in such a home. A hospital or
sanitarium shall not be construed to be included in this definition.
County. The County of McCracken, Kentucky, and
its designated officials, administrators and enforcement personnel.
Density. Number of dwelling units divided by
the number of acres on a lot, PUD, subdivision, or development the dwelling
units of which are attributable.
Developmental Plan. Written and graphic
material for the provision of a developmental plan, including any or all of the
following: location and bulk of buildings and other structures, intensity
of use, density of development, streetsways, parking facilities, signs, drainage
of surface water, access points, a plan for screening or buffering, utilities,
existing manmade and natural conditions, and all other conditions agreed to be
the applicant.
Dwelling. A building, or portion thereof, used
primarily for residential occupancy, including one-family and multiple
dwellings, but not including hotels, motels, or tourist homes.
Dwelling, multiple. A building, or portion
thereof, used for occupancy by three or more families living independently of
each other.
Dwelling, two--family. A building, or portion
thereof, used for occupancy by two families living independently of each other.
Also known as a duplex.
Dwelling unit. A dwelling, or portion of a
dwelling, used by one family for cooking, living and sleeping purposes.
Educational Institution. A preprimary, primary,
or grammar, public, parochial, or private school; a high school, preparatory
school or academy, public, parochial, or private school; a high school,
preparatory school or academy, public or founded or owned or conducted by or
under the sponsorship of a religious or charitable organization; a private
preparatory school or academy furnishing courses of instruction substantially
equivalent to the courses offered by public high schools for preparation of
admission to colleges or universities which award BA or BS degrees; a junior
college or university, public or founded or conducted by or under the
sponsorship of a religious or charitable organization; or a private school when
not conducted as a commercial enterprise for the profit of individual owners or
stockholders. This definition shall not be deemed to include trade or
business schools as defined in this section.
Enforcement Officer. The County Judge Executive
or the County Administrator shall designate an official(s), to enforce the
provisions of this chapter. The Judge Executive may authorize the issuance
of citations for violations of the chapter, which the officer has observed, but
they shall not have power of peace officers to make arrest or carry deadly
weapons. The defendant of citations shall appear within a designated time
pursuant to the citation.
Family. One or more persons living as a single
housekeeping unit, as distinguished from a group occupying a hotel, club,
fraternity or sorority house. A family shall be deemed to include
servants.
Fence. A man-made structure consisting of wood,
metal, wire, mesh, masonry or other man-made material. Fences shall
include any type of fence, wall trellis or similar structure.
Floor area ratio. The floor area of the
building divided by the area of the lot.
Garage, private. A detached accessory building
or portion of a main building, used for the storage of self-propelled vehicles
and chattel of the family to which the garage is accessory, and not more than
one-half of the total number of vehicles stored in such garage shall be rented
for vehicles and chattel of other than occupants of the building to which garage
is accessory.
Garage, public. Any building or premises,
except those defined herein as a private garage, used for the storage or care of
motor vehicles, or where such vehicles are equipped for operation, repaired or
kept for remuneration, hire or sale.
Ground Floor Area. The square foot area of a
residential building within its largest outside dimensions computed on a
horizontal plane at the ground floor level, exclusive of open porches,
breezeways, terraces, garages, exterior stairways and secondary stairways.
Home Based Business. In a dwelling house for
one family, or one housekeeping unit only, on one lot; provided, however, that
nothing herein contained shall prevent the use of a minor part of the dwelling
house, or accessory building, for an office or studio by person or persons
residing in the dwelling house or the display on the premises of one five square
foot announcement sign showing the name or names of the person or persons using
such office or studio, and the profession or business conducted in connection
therewith, and where there are no more than one non-resident employees, and
where customers or clients do not regularly visit the site, and there is no
outside storage of equipment or materials.
Home Occupation. Any use conducted entirely
within a dwelling and carried on solely by the occupants thereof, which use is
clearly incidental and secondary to the use of the dwelling purposes and does
not change the character thereof; in connection with which there is no sign
larger than 5 square feet, minimal stock in trade, or outside storage of
equipment or materials, and not more than two persons other than the residents
are to engage in such occupation.
The use shall not generate noise, vibrations, smoke, odors or
electrical interference beyond the property line. A minimum of two (2) off
street parking spaces shall be provided on the premises.
The following are included as home occupations:
1. Artist
2. Computer programming
3. Child Care
4. Professional Consultants
5. Insurance Agents
6. Minister and Pastoral Care
7. Personal Care
8. Real Estate Broker
9. Sales Representatives (no trade stock on site)
10. Telecommuters
11. Similar uses as approved by the Planning Commission
Hospital. Includes sanitarium, preventorium and clinic, provided
such institution is operated by or treatment given under the direct supervision
of a physician licensed to practice by the State of Kentucky.
Hotel or Motel. A building, or portion thereof,
or group of buildings in which lodging is provided and offered to the public for
compensation and which is open to transient guests, in contradistinction to a
lodging house.
Industrial, heavy. Those industries whose
processing of products result in the emission of any atmospheric pollutant,
light flashes or glare, odor, noise or vibration which may be heard and/or felt
off the premises, and those industries which constitute a fire or explosion
hazard.
Industrial, light. Those industries whose
processing of products results in none of the conditions described for heavy
industry.
Junkyard. Any place at which personal property
is or may be salvaged for reuse, resale or reduction or similar disposition and
is owned, possessed, collected, accumulated, dismantled or sorted, including,
but not limited to, use of salvaged vehicles, base metal or metals, their
compounds or combinations, used or salvaged vehicles, appliances, rope, bags,
paper, rags, glass, rubber, lumber, millwork, brick and similar property which
are used, owned or possessed for the purpose of wrecking or salvaging parts
there from.
Kennel, commercial. Any lot or premises on
which dogs or small animals are kept for commercial boarding, breeding or sale
purposes.
Kennel, private. Any lot or premises on which
dogs or small animals are in or adjoining a private residence where hunting or
other dogs are kept for the hobby of the householder (i.e., hunting, tracking or
exhibiting), or guarding/protecting the householder's property and is permitted
in all zones as an accessory use provided that such dogs or small animals do not
constitute a nuisance to the neighborhood.
Lot. A piece, parcel, plot, tract or area of land
occupied or capable of being occupied by one principal building and the
accessory buildings or uses customarily incidental to it, and including the open
spaces required under this chapter; having its principal frontage on a street.
The word "lot" includes the "plot" or "parcel".
Lot, corner. A lot at a junction of, and
fronting on, two or more intersecting streets.
Lot coverage. The percentage of the lot area
covered by the building area.
Lot, interior. A lot other than a corner or through lot.
Lot line, front. In the case of an interior
lot, a line separating the lot from the street or place, and in the case of a
corner lot, the line designated in deed or subdivision requirements, or if no
such requirements are provided, the line designated by the property owner at the
time he seeks a building permit on the lot.
Lot line, rear. A lot line which is opposite
and most distant from the front lot line and, in the case of an irregular or
triangular shaped lot, a line ten feet in length within the lot, parallel to and
at the maximum distance from the front lot line.
Lot line, side. Any lot boundary lines not a
front lot line or a rear lot line.
Lot, through. A lot having frontage on two
parallel or approximately parallel streets.
Lot width. The dimension of a lot, measured
between side lot lines at the building setback line.
Manufactured home. A single-family dwelling
unit constructed in accordance with the National Manufactured Housing
Construction and Safety Standards Act of 1974, as amended, and manufactured
after June 15, 1976, which is designed to be transported across streets and
highways to a point of use, is equipped with the necessary service connections,
and included the plumbing, heating, air conditioning and electrical systems
contained therein; made so as to be readily movable as a unit or units.
For the purpose of this ordinance, the term "manufactured home" is a synonymous
with "modular home", "mobile home", and "house trailer", but not "campers".
Minimum Building Setback Line. The minimum
required distance between a lot line and a building line.
Mobile Home Park. Means a parcel of land under the control of
any person, available to the public in which three (3) or more mobile home
lots are occupied or intended for occupancy by mobile homes and includes any
service building, structure, enclosure, or other facility, used as part of the
park.
Occupied. As applied to any land or building,
shall be construed to include the words "intended, arranged or designed to be
used or occupied."
Parking area, public. An open area, other than
a street or alley designed for use or used for the temporary parking of four or
more motor vehicles when available for visitor or employee use.
Parking area, vehicle display. An open area for
display of the lease, rental, or sale of motor vehicles.
Parking space, off-street. An off-street space accessible from a
street or road with a minimum width of nine (9) feet and a minimum length of
eighteen (18) feet.
Perimeter screens. A six (6) foot high fence
that is 90% visually solid or four (4) feet tall shrubs and/or evergreen trees
that will attain six (6) feet in height within three (3) years and also be 90%
visually solid year round. Other plans for screening may be submitted for
approval to the Zoning Administrator. Perimeter screens as used in the
ordinance do not require 100% blocked view from adjacent properties of
structure.
Person. Includes a firm, association,
organization, partnership, trust, company or corporation as well as an
individual.
Personal and convenience services. Businesses
offering services such as barbershops, beauty shops, Laundromats, laundry and
dry cleaning pickup/delivery stations (but excluding actual laundry operations),
and similar uses.
Place. An open, unoccupied, officially
designated space (other than a street or alley), permanently reserved for use as
the principal means of access to abutting property.
Planned unit development (PUD). A self-contained development,
which may be developed under single ownership or control, often with a mixture
of housing types and densities, in which the subdivision and zoning controls are
applied to the project as a whole rather than to individual lots, as in most
subdivisions. Therefore, densities are calculated for the entire
development, usually permitting a trade-off between clustering of housing and
provision of common open space.
Professional office. Offices of members of
recognized professions such as physicians, surgeons, lawyers, engineers,
dentists and architects.
Public facility. Any use of land, whether
publicly or privately owned, for transportation, utilities, communications, or
any use which is necessary for the health and safety of the general public,
including but not limited to, libraries, streets, schools, fire or police
stations, ambulance services, county buildings, municipal buildings,
recreational centers (including parks) and cemeteries.
Sign. Any board, device or structure, or part
thereof, used for advertising, display or publicity purposes. Signs placed
or erected by governmental agencies for the purpose of showing street names or
traffic directions or regulations for other governmental purposes shall not be
included therein.
Street. A right-of-way (other than an alley),
dedicated or otherwise legally established to the public use, usually affording
the principal means of access to abutting property.
Structure. Anything constructed or made, the
use of which requires permanent location in or on the ground or attachment to
something having a permanent location in or on the ground, including buildings
and signs.
Structural alteration. Any change in the
supporting members of a building such as bearing walls or partitions, columns,
beams or girders, or any substantial change in the exterior walls of the roof.
Subdivision. The division of land into two (2)
or more lots or parcels for the purpose, whether immediate or future sale, lease
of building or land development, or if a new street is involved, any division of
a parcel of land, providing that a division of land for agricultural use and not
involving a new street shall not be deemed to be a subdivision. The term
"subdivision" includes re-subdivision and when appropriate to the context, shall
relate to the process of subdivision or to the land subdivided; any division or
re-division of land into parcels less than one (1) acre occurring within twelve
(12) months following a division of the same land shall be deemed a subdivision.
Tourist home. A building in which more than
one, but not more than five, guest rooms are used to provide or offer overnight
accommodations for transient guests for compensation. A bed and breakfast
inn is included in this definition.
Town home. A single-family dwelling constructed
as part of a series of dwellings, all of which are either attached to the
adjacent building and/or buildings by party walls or are located immediately
adjacent thereto with no visible separation between walls or roofs; all of which
dwellings may be located on individual and separate lots if individually owned,
or upon a single lot if under common ownership. Each town house unit shall
be capable of separate ownership. The construction of a town house
structure across an existing lot line shall not be deemed to abrogate that line.
Trade or business school. A secretarial school
or college, business school or college, when not public and not owned or
conducted by or under the sponsorship of a religious or charitable organization;
or a school conducted as a commercial enterprise for teaching instrumental
music, dancing, barbering, martial arts, or hairdressing, or for teaching
industrial skills in which machinery is employed as a means of instruction.
This definition shall not be deemed to include an educational institution as
defined in this section.
Use. The employment or occupation of a building, structure, or
land for a person's service, benefit or enjoyment.
Use, nonconforming. An existing use of land or
building which was legal prior to the effective date hereof, but which fails to
comply with the requirements set forth in this chapter applicable to the zone in
which such use is located.
Used. As applied to any land or building, shall be
construed to include the words "intended, arranged or designed to be used or
occupied".
Variance, dimensional. Departure from the terms
of the zoning regulations pertaining only to height or width and location of
structures, size of yards and open spaces, and other dimensional features of the
ordinance, where such departure will not be contrary to the public interest, and
where, owing to conditions peculiar to the property because of its size, shape
or topography, and not as a result of the actions of the applicant, the literal
enforcement of the zoning regulations would result in unnecessary and undue
hardship.
Wall, retaining. A physical barrier necessary
to prevent the erosion and/or deterioration of an established elevation.
Yard. A space on the same lot with principal
and accessory buildings, open and unoccupied other than by steps, walks,
terraces, driveways, lampposts and similar structures, and unobstructed by
structures, except as otherwise provided in this chapter.
Yard, front. A
yard extending across the full width of the lot, between two side lot lines, the
depth of which is the least distance between the street right-of way and the
building line.
Yard, rear. A yard extending across the full
width of the lot between the two side lot lines and between the rear line and a
parallel line tangent to the rear of the principal building, the depth of which
is the least distance between the rear lot line and the parallel line.
Yard, side. A yard bounded by the rear yard, the front yard, the
side lot line and the principal and accessory building.
Zoning map or map. The zoning map of the
County.
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