100.111 Definitions for chapter. As used in this chapter, unless the context otherwise requires: <br>(1) "Administrative official" means any department, employee, or advisory, elected, or appointed body which is authorized to administer any provision of the zoning <br>regulation, subdivision regulations, and, if delegated, any provision of any housing <br>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 <br>products, poultry, poultry products, grain, hay, pastures, soybeans, tobacco, <br>timber, orchard fruits, vegetables, flowers, or ornamental plants, including <br>provision for dwellings for persons and their families who are engaged in the <br>agricultural use on the tract, but not including residential building <br>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: <br>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 <br>associated with youth and amateur programs, none of which are <br>regulated by KRS Chapter 230, involving seventy (70) or less <br>participants. Shows, competitions, sporting events, and similar activities <br>that are associated with youth and amateur programs, none of which are <br>regulated by KRS Chapter 230, involving more than seventy (70) <br>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 <br>associated with youth and amateur programs, none of which are <br>regulated by KRS Chapter 230, involving seventy (70) or less <br>participants. Shows, competitions, sporting events, and similar activities <br>that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving more than seventy (70) <br>participants shall be subject to local applicable zoning regulations. This paragraph shall only apply to acreage that was being used for these <br>activities before July 13, 2004; (3) "Board" means the board of adjustment unless the context indicates otherwise; <br>(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, <br>county, or consolidated local government; (5) "Commission" means planning commission; <br>(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 <br>integrity and character of the zone in which it is located, or in adjoining zones, <br>unless restrictions on location, size, extent, and character of performance are <br>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 <br>adjustment, consisting of two (2) parts: <br>(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 <br>and other structures, intensity of use, density of development, streets, ways, parking <br>facilities, signs, drainage of surface water, access points, a plan for screening or <br>buffering, utilities, existing manmade and natural conditions, and all other <br>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 <br>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 <br>council, the common council, the city council, the board of commissioners, or <br>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 <br>zoning regulation, but which does not conform to all of the regulations contained in <br>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 <br>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 <br>governments engaged in planning operations; (16) "Plat" means the map of a subdivision; <br>(17) "Political subdivision" means any city, county, or consolidated local government; <br>(18) "Several" means two (2) or more; <br>(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, <br>including but not limited to libraries, streets, schools, fire or police stations, county <br>buildings, municipal buildings, recreational centers including parks, and cemeteries; (20) "Street" means any vehicular way; <br>(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 <br>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 <br>an urban-county government or consolidated local government where a subdivision <br>means the division of a parcel of land into two (2) or more lots or parcels; for the <br>purpose, whether immediate or future, of sale, lease, or building development, or if <br>a new street is involved, any division of a parcel of land; provided that a division of <br>land for agricultural use and not involving a new street shall not be deemed a <br>subdivision. The term includes resubdivision and when appropriate to the context, <br>shall relate to the process of subdivision or to the land subdivided; any division or <br>redivision of land into parcels of less than one (1) acre occurring within twelve (12) <br>months following a division of the same land shall be deemed a subdivision within <br>the meaning of this section; (23) "Unit" means planning unit; and <br>(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 <br>yards and open spaces where such departure meets the requirements of KRS <br>100.241 to 100.247. Effective: January 1, 2007 <br>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 <br>ch. 346, sec. 133, effective July 15, 2002; and ch. 358, sec. 1, effective July 15, <br>2002. -- Amended 2000 Ky. Acts ch. 167, sec. 4, effective July 14, 2000. -- Amended <br>1986 Ky. Acts ch. 23, sec. 7, effective July 15, 1986; and ch. 141, sec. 1, effective <br>July 15, 1986. -- Amended 1982 Ky. Acts ch. 306, sec. 1, effective July 15, 1982. -- <br>Amended 1974 Ky. Acts ch. 398, sec. 1. -- Created 1966 Ky. Acts ch. 172, sec. 1.
100.111 Definitions for chapter. As used in this chapter, unless the context otherwise requires: <br>(1) "Administrative official" means any department, employee, or advisory, elected, or appointed body which is authorized to administer any provision of the zoning <br>regulation, subdivision regulations, and, if delegated, any provision of any housing <br>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 <br>products, poultry, poultry products, grain, hay, pastures, soybeans, tobacco, <br>timber, orchard fruits, vegetables, flowers, or ornamental plants, including <br>provision for dwellings for persons and their families who are engaged in the <br>agricultural use on the tract, but not including residential building <br>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: <br>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 <br>associated with youth and amateur programs, none of which are <br>regulated by KRS Chapter 230, involving seventy (70) or less <br>participants. Shows, competitions, sporting events, and similar activities <br>that are associated with youth and amateur programs, none of which are <br>regulated by KRS Chapter 230, involving more than seventy (70) <br>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 <br>associated with youth and amateur programs, none of which are <br>regulated by KRS Chapter 230, involving seventy (70) or less <br>participants. Shows, competitions, sporting events, and similar activities <br>that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving more than seventy (70) <br>participants shall be subject to local applicable zoning regulations. This paragraph shall only apply to acreage that was being used for these <br>activities before July 13, 2004; (3) "Board" means the board of adjustment unless the context indicates otherwise; <br>(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, <br>county, or consolidated local government; (5) "Commission" means planning commission; <br>(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 <br>integrity and character of the zone in which it is located, or in adjoining zones, <br>unless restrictions on location, size, extent, and character of performance are <br>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 <br>adjustment, consisting of two (2) parts: <br>(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 <br>and other structures, intensity of use, density of development, streets, ways, parking <br>facilities, signs, drainage of surface water, access points, a plan for screening or <br>buffering, utilities, existing manmade and natural conditions, and all other <br>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 <br>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 <br>council, the common council, the city council, the board of commissioners, or <br>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 <br>zoning regulation, but which does not conform to all of the regulations contained in <br>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 <br>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 <br>governments engaged in planning operations; (16) "Plat" means the map of a subdivision; <br>(17) "Political subdivision" means any city, county, or consolidated local government; <br>(18) "Several" means two (2) or more; <br>(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, <br>including but not limited to libraries, streets, schools, fire or police stations, county <br>buildings, municipal buildings, recreational centers including parks, and cemeteries; (20) "Street" means any vehicular way; <br>(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 <br>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 <br>an urban-county government or consolidated local government where a subdivision <br>means the division of a parcel of land into two (2) or more lots or parcels; for the <br>purpose, whether immediate or future, of sale, lease, or building development, or if <br>a new street is involved, any division of a parcel of land; provided that a division of <br>land for agricultural use and not involving a new street shall not be deemed a <br>subdivision. The term includes resubdivision and when appropriate to the context, <br>shall relate to the process of subdivision or to the land subdivided; any division or <br>redivision of land into parcels of less than one (1) acre occurring within twelve (12) <br>months following a division of the same land shall be deemed a subdivision within <br>the meaning of this section; (23) "Unit" means planning unit; and <br>(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 <br>yards and open spaces where such departure meets the requirements of KRS <br>100.241 to 100.247. Effective: January 1, 2007 <br>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 <br>ch. 346, sec. 133, effective July 15, 2002; and ch. 358, sec. 1, effective July 15, <br>2002. -- Amended 2000 Ky. Acts ch. 167, sec. 4, effective July 14, 2000. -- Amended <br>1986 Ky. Acts ch. 23, sec. 7, effective July 15, 1986; and ch. 141, sec. 1, effective <br>July 15, 1986. -- Amended 1982 Ky. Acts ch. 306, sec. 1, effective July 15, 1982. -- <br>Amended 1974 Ky. Acts ch. 398, sec. 1. -- Created 1966 Ky. Acts ch. 172, sec. 1.
100.111 Definitions for chapter. As used in this chapter, unless the context otherwise requires: <br>(1) "Administrative official" means any department, employee, or advisory, elected, or appointed body which is authorized to administer any provision of the zoning <br>regulation, subdivision regulations, and, if delegated, any provision of any housing <br>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 <br>products, poultry, poultry products, grain, hay, pastures, soybeans, tobacco, <br>timber, orchard fruits, vegetables, flowers, or ornamental plants, including <br>provision for dwellings for persons and their families who are engaged in the <br>agricultural use on the tract, but not including residential building <br>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: <br>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 <br>associated with youth and amateur programs, none of which are <br>regulated by KRS Chapter 230, involving seventy (70) or less <br>participants. Shows, competitions, sporting events, and similar activities <br>that are associated with youth and amateur programs, none of which are <br>regulated by KRS Chapter 230, involving more than seventy (70) <br>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 <br>associated with youth and amateur programs, none of which are <br>regulated by KRS Chapter 230, involving seventy (70) or less <br>participants. Shows, competitions, sporting events, and similar activities <br>that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving more than seventy (70) <br>participants shall be subject to local applicable zoning regulations. This paragraph shall only apply to acreage that was being used for these <br>activities before July 13, 2004; (3) "Board" means the board of adjustment unless the context indicates otherwise; <br>(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, <br>county, or consolidated local government; (5) "Commission" means planning commission; <br>(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 <br>integrity and character of the zone in which it is located, or in adjoining zones, <br>unless restrictions on location, size, extent, and character of performance are <br>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 <br>adjustment, consisting of two (2) parts: <br>(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 <br>and other structures, intensity of use, density of development, streets, ways, parking <br>facilities, signs, drainage of surface water, access points, a plan for screening or <br>buffering, utilities, existing manmade and natural conditions, and all other <br>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 <br>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 <br>council, the common council, the city council, the board of commissioners, or <br>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 <br>zoning regulation, but which does not conform to all of the regulations contained in <br>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 <br>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 <br>governments engaged in planning operations; (16) "Plat" means the map of a subdivision; <br>(17) "Political subdivision" means any city, county, or consolidated local government; <br>(18) "Several" means two (2) or more; <br>(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, <br>including but not limited to libraries, streets, schools, fire or police stations, county <br>buildings, municipal buildings, recreational centers including parks, and cemeteries; (20) "Street" means any vehicular way; <br>(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 <br>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 <br>an urban-county government or consolidated local government where a subdivision <br>means the division of a parcel of land into two (2) or more lots or parcels; for the <br>purpose, whether immediate or future, of sale, lease, or building development, or if <br>a new street is involved, any division of a parcel of land; provided that a division of <br>land for agricultural use and not involving a new street shall not be deemed a <br>subdivision. The term includes resubdivision and when appropriate to the context, <br>shall relate to the process of subdivision or to the land subdivided; any division or <br>redivision of land into parcels of less than one (1) acre occurring within twelve (12) <br>months following a division of the same land shall be deemed a subdivision within <br>the meaning of this section; (23) "Unit" means planning unit; and <br>(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 <br>yards and open spaces where such departure meets the requirements of KRS <br>100.241 to 100.247. Effective: January 1, 2007 <br>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 <br>ch. 346, sec. 133, effective July 15, 2002; and ch. 358, sec. 1, effective July 15, <br>2002. -- Amended 2000 Ky. Acts ch. 167, sec. 4, effective July 14, 2000. -- Amended <br>1986 Ky. Acts ch. 23, sec. 7, effective July 15, 1986; and ch. 141, sec. 1, effective <br>July 15, 1986. -- Amended 1982 Ky. Acts ch. 306, sec. 1, effective July 15, 1982. -- <br>Amended 1974 Ky. Acts ch. 398, sec. 1. -- Created 1966 Ky. Acts ch. 172, sec. 1.
