100.111 Definitions for chapter.
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/ky/chapter-100/100-111A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.
For purposes of this subsection, "livestock" means cattle, sheep, swine,
goats, horses, alpacas, llamas, buffaloes, and any other animals of the
bovine, ovine, porcine, caprine, equine, or camelid species;
(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, consolidated local
government, urban-county government, charter county government, or unified
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, consolidated local
government, urban-county government, charter county government, or unified
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, consolidated local government,
urban-county government, charter county government, or unified 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, consolidated local government,
urban-county government, charter county government, or unified 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 with a population equal to or
greater than eight thousand (8,000) based upon the most recent federal
decennial census 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.