100.111 Definitions for chapter. - Kentucky Statutes

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100.111 Definitions for chapter. As used in this chapter, unless the context otherwise requires:
(1) "Administrative official" means any department, employee, or advisory, elected, or appointed body which is authorized to administer any provision of the zoning
regulation, subdivision regulations, and, if delegated, any provision of any housing
or building regulation or any other land use control regulation; (2) "Agricultural use" means the use of: (a) A tract of at least five (5) 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
agricultural use on the tract, but not including residential building
development for sale or lease to the public; (b) Regardless of the size of the tract of land used, small farm wineries licensed under KRS 243.155; (c) A tract of at least five (5) contiguous acres used for the following activities involving horses:
1. Riding lessons; 2. Rides; 3. Training; 4. Projects for educational purposes; 5. Boarding and related care; or 6. Shows, competitions, sporting events, and similar activities that are
associated with youth and amateur programs, none of which are
regulated by KRS Chapter 230, involving seventy (70) or less
participants. Shows, competitions, sporting events, and similar activities
that are associated with youth and amateur programs, none of which are
regulated by KRS Chapter 230, involving more than seventy (70)
participants shall be subject to local applicable zoning regulations; or (d) A tract of land used for the following activities involving horses: 1. Riding lessons; 2. Rides; 3. Training; 4. Projects for educational purposes; 5. Boarding and related care; or 6. Shows, competitions, sporting events, and similar activities that are
associated with youth and amateur programs, none of which are
regulated by KRS Chapter 230, involving seventy (70) or less
participants. Shows, competitions, sporting events, and similar activities
that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving more than seventy (70)
participants shall be subject to local applicable zoning regulations. This paragraph shall only apply to acreage that was being used for these
activities before July 13, 2004; (3) "Board" means the board of adjustment unless the context indicates otherwise;
(4) "Citizen member" means any member of the planning commission or board of adjustment who is not an elected or appointed official or employee of the city,
county, or consolidated local government; (5) "Commission" means planning commission;
(6) "Conditional use" means a use which is essential to or would promote the public health, safety, or welfare in one (1) 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 regulation; (7) "Conditional use permit" means 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; (8) "Development plan" means written and 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, a plan for screening or
buffering, utilities, existing manmade and natural conditions, and all other
conditions agreed to by the applicant; (9) "Fiscal court" means the chief body of the county with legislative power, whether it is the fiscal court, county commissioners, or otherwise; (10) "Housing or building regulation" means the Kentucky Building Code, the Kentucky Plumbing Code, and any other building or structural code promulgated by the
Commonwealth or by its political subdivisions; (11) "Legislative body" means the chief body of the city or consolidated local government with legislative power, whether it is the board of aldermen, the general
council, the common council, the city council, the board of commissioners, or
otherwise; at times it also implies the county's fiscal court; (12) "Mayor" means the chief elected official of the city or consolidated local government whether the official designation of his office is mayor or otherwise; (13) "Nonconforming use or structure" means 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 of the regulations contained in
the zoning regulation which pertain to the zone in which it is located; (14) "Planning operations" means the formulating of plans for the physical development and social and economic well-being of a planning unit, and the formulating of
proposals for means of implementing the plans; (15) "Planning unit" means any city, county, or consolidated local government, or any combination of cities, counties, or parts of counties, or parts of consolidated local
governments engaged in planning operations; (16) "Plat" means the map of a subdivision;
(17) "Political subdivision" means any city, county, or consolidated local government;
(18) "Several" means two (2) or more;
(19) "Public facility" means 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; (20) "Street" means any vehicular way;
(21) "Structure" means 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; (22) "Subdivision" means the division of a parcel of land into three (3) or more lots or parcels except in a county containing a city of the first, second, or third class or in
an urban-county government or consolidated local government where a subdivision
means the division of a parcel of land into two (2) or more lots or parcels; for the
purpose, whether immediate or future, of sale, lease, or building development, 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 (1) acre occurring within twelve (12)
months following a division of the same land shall be deemed a subdivision within
the meaning of this section; (23) "Unit" means planning unit; and
(24) "Variance" means a departure from dimensional terms of the zoning regulation pertaining to the height, width, length, or location of structures, and the size of
yards and open spaces where such departure meets the requirements of KRS
100.241 to 100.247. Effective: January 1, 2007
History: Amended 2006 Ky. Acts ch. 179, sec. 13, effective July 12, 2006. -- Amended 2004 Ky. Acts ch. 150, sec. 1, effective January 1, 2007. -- Amended 2002 Ky. Acts
ch. 346, sec. 133, effective July 15, 2002; and ch. 358, sec. 1, effective July 15,
2002. -- Amended 2000 Ky. Acts ch. 167, sec. 4, effective July 14, 2000. -- Amended
1986 Ky. Acts ch. 23, sec. 7, effective July 15, 1986; and ch. 141, sec. 1, effective
July 15, 1986. -- Amended 1982 Ky. Acts ch. 306, sec. 1, effective July 15, 1982. --
Amended 1974 Ky. Acts ch. 398, sec. 1. -- Created 1966 Ky. Acts ch. 172, sec. 1.