KRS § 100.111 — KY Code / Title IX / Chapter 100 / Section 100.111
100.111 Definitions for chapter
Status: in_force

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.

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.