[Added 11-10-2020 by Ord. No. 20-04[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II, Definitions, as amended.
For the purpose of these regulations, certain terms and words shall be used and interpreted as defined hereinafter. Words used in the present tense include the future. The singular number includes the plural, and the plural the singular. The word "shall" is mandatory, not merely directive; the word "may" is permissive.
ACCESSORY STRUCTURE OR USE
Any structure or use, other than the principal structure or use, and detached therefrom by a reasonable distance, directly incidental to or required for the enjoyment of the permitted use of any premises; also, as specifically designated under the zoning district regulations of this chapter.
ADMINISTRATIVE OFFICIAL
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.
AGRICULTURAL USE
A. 
The use of a tract of at least 10 contiguous acres for the production of agricultural or horticultural crops, including but not limited to livestock, livestock products, poultry, poultry products, the raising of mice in a confined production facility and the distribution of such mice to zoos and others to feed to captive eagles, falcons, hawks and other birds of prey, and to reptiles, 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 10 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 70 or fewer 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 70 participants shall be subject to local applicable zoning regulations.
AGRITOURISM
Any activity that is carried out on a farm, ranch, agricultural operation, horticultural operation, or agribusiness operation and allows or invites participants to view or participate in activities for recreational, entertainment, or educational purposes. Qualifying activities may include farming, ranching, historic, cultural, civic, or ceremonial activities, including but not limited to weddings and ancillary events; harvest-your-own operations; farmers markets; or natural resource-based activities, and small farm wineries. The activities may qualify as agritourism activities whether or not a participant pays to view or to participate in the activities permitted under KRS 247.800.
ALLEY
Any public or private way which affords only a secondary means of access to abutting property and which does not constitute a public maintained street upon which property may front.
ALTERATION
Any change, addition or modification in construction or type of occupancy; any change in the structural members of a building, such as walls, partitions, columns, beams, "altered or reconstructed."
APARTMENT
A room or suite of rooms used as a dwelling for one family which does its cooking therein.
BASEMENT
That portion of a building the average height of which is at least half below grade, which is ordinarily used for purposes such as storage, laundry facilities, household tool shops, and installation and operation of heating, cooling, ventilating facilities, but which is not ordinarily used for the purpose of general household habitation.
BED-AND-BREAKFAST
An owner- or innkeeper-occupied single-family residential structure, where guest rooms are provided for rent to transients. Breakfast and or other meals may be served to guests. An owner or innkeeper may reside on an adjacent parcel.
BLOCK
The property abutting one side of a street and lying between the two nearest intersecting streets, or between the nearest such street and railroad right-of-way, unsubdivided acreage, river or live stream, or between any of the foregoing and any other barriers, to the continuity of development.
BOARD
The Board of Zoning Adjustment as established in Article V of this chapter.
BOARDING HOUSE
A building arranged or used for lodging with or without meals for compensation, by more than five and not more than 20 individuals.
BUFFER
An area meeting specified widths and depths on the side(s) abutting, facing, or confronting between differing land uses. A buffer area serves as a physical and/or visual means of separating differing land uses. Where required under the provisions of these regulations, a buffer area shall be provided as specified herein.
BUILDABLE AREA
The portion of a building site remaining after required yards have been provided.
BUILDING HEIGHT
The vertical distance measured from the average finished grade at the front building line to the highest point of the structure.
BUILDING INSPECTOR
The Building Inspector of the Fiscal Court, or his authorized representative.
BUILDING LINE
A line established in general, parallel to the front street line between which line and the front street line, no part of a building shall project, except as otherwise provided by these regulations.
BUILDING SITE
The land occupied or to be occupied by a principal building and its accessory buildings and including such open spaces, yards, minimum area, off-street parking facilities, and off-street truck loading facilities as are required by this chapter; every building site shall abut upon a dedicated street. Any building site established after the effective date of this chapter which occupies only a portion of a lot of record may be established only in accordance with the requirements of the Subdivision Regulations or this chapter, whichever is more restrictive.[1]
BUILDING, PRINCIPAL
A building, including covered porches, carports, and attached garages in which is conducted the principal use of the lot on which it is situated. In any residential district any dwelling shall be deemed to be the principal building on the lot on which the same is situated.
BUILDING, SEPARATE
Any portion of any structure completely separated from every other portion by masonry or a fire wall without any window, which wall extends from the ground to the roof.
CARPORT
A shelter for one or more vehicles which is not fully enclosed by walls and one or more doors.
CERTIFICATE OF USE AND OCCUPANCY
The certificate issued by the building official which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts together with any special stipulation or conditions of the building permit.
CLERK
The Clerk of the governing body.
CLUB
An organization of persons for special purposes or for the promulgation of sports, arts, science, literature, politics or the like, but not for profit.
CODES ADMINISTRATOR
The Codes and Building Inspector for the Fiscal Court or his authorized agent.
COMMISSION
The Henderson City-County Planning Commission.
CONDITIONAL USE
A use which is essential to or would promote the public health, safety, or welfare in one or more zones, but 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.
CONDITIONAL USE PERMIT
Legal authorization to undertake a conditional use issued by the administrative official pursuant to authorization by the Board of Zoning Adjustment, consisting of two parts:
A. 
A statement of the factual determination by the Board of Zoning 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.
CONSUMER FIREWORKS
Fireworks that are suitable for use by the public, designed primarily to produce visible effects by combustion, and comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission. The types, sizes, and amount of pyrotechnic contents of these devices are limited as enumerated in this Section 3[2] (KRS 227.700 to 227.750).
CONVALESCENT HOME
A convalescent home is a home for the care of the aged or infirm, or a place of rest for those suffering bodily disorders wherein two or more persons are cared for. Said home shall conform and qualify for license under state law.
COUNTY
The Fiscal Court of Henderson County, Kentucky.
COURT
An open, unoccupied, unobstructed space, other than a yard on the same lot as a building.
DAY-CARE FACILITY
A day-care facility is designed to offer care and/or training to children or adults unrelated to the owner or director for any part of a day on some kind of regular basis. Such facility may or may not be operated for profit. For the purpose of the Zoning Regulations, a sitting service that is used at the convenience of parents or other relatives at irregular intervals will not be considered a day-care facility.
Types of day-care facilities: The services offered and ages of persons enrolled in a day-care facility determine the classification of the facility. The name of the facility should be descriptive of its purpose.
A. 
GROUP CARE CENTER (day nursery, day-care center)A facility for six or more children, regardless of age, whose primary purpose is the care of the child for a part of a day.
B. 
NURSERY SCHOOLA school for two-, three- and four-year-old children which operates for periods generally not to exceed four hours per day and whose primary purpose is education and guidance.
C. 
KINDERGARTENA school for four- and five-year-olds which operates for periods not to exceed four hours per day and whose primary purpose is education and guidance for health, emotional and social development of the children.
D. 
FOSTER FAMILY DAY CAREA service in a private home offering care in a family setting to a maximum of five children, including the foster family's own children, during part of the day while the natural parents are absent from their home. Because of the special needs of the very young child, there should be no more than two children under the age of two years in a foster family day-care home.
E. 
ADULT DAY CAREPersonal care and supervision in a protective setting for adults outside their own home for less than 24 hours per day. The program may include the provisions of daily medical supervision, nursing and other health care support, psychosocial assistance, or appropriate socialization stimuli or a combination of these. Adult day care is available for those persons who do not require twenty-four-hour-per-day institutional care, but who, because of physical and/or mental disability, are not capable of full-time independent living.
DENSITY
The number of families residing on, or dwelling units developed on an acre of land. As used in these regulations, all densities are stated in families per acre.
DEVELOPMENT PLAN
Written and graphic material for the provision of a development, including any and 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.
DISTRICT
A portion of the jurisdiction of the Governing Body within which, on a uniform basis, certain uses of land and buildings are permitted and within which certain yards, open spaces, lot acres and other requirements are established, e.g., residential district, commercial district, etc.
DRIVE-IN ESTABLISHMENT
A business establishment, other than a drive-in restaurant, so developed that its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle, and may include drive-in banks, drive-in cleaners and drive-in laundries.
DRIVE-IN RESTAURANT
Any place or premises used for the sale, dispensing or serving of food, refreshments, or beverages in automobiles, including establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages in automobiles on the premises.
DWELLING UNIT
A single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.
DWELLING UNIT, SINGLE-FAMILY
A detached conventional or prefabricated building containing one dwelling unit and used exclusively by one family; it shall not be construed to include mobile homes.
DWELLING, GROUP
A group of two or more single-family semi-detached or multiple dwellings occupying a parcel of land in common ownership and having yards or courts in common.
DWELLING, ROW OR TOWNHOUSES
A row of three or more attached single-family dwellings, not more than 2 1/2 stories in height, in which each dwelling has its own front and rear entrances.
DWELLING, TWO-FAMILY
A building designed exclusively for occupancy by two families independent of each other, such as a duplex dwelling unit.
EFFICIENCY UNIT
An efficiency unit is a dwelling unit consisting of one room, exclusive of bathroom, kitchen, hallway, and closets or dining alcove directly off the principal room, providing not less than 350 square feet of floor area.
ERECTED
Includes built, constructed, reconstructed, moved upon, or any physical operation on the premises required for the building. Excavations, fill, drainage, and the like, shall be considered a part of erected.
FAMILY
One person, or more than one person living together and inter related by bonds of consanguinity, marriage, or legal adoption, and occupying a dwelling unit as a single non profit housekeeping unit as distinguished from a group occupying a hotel, club, boarding house, fraternity or sorority house. A family shall be deemed to include domestic servants, gratuitous guests, and not more than three foster or boarded children whose room and board is paid by a recognized child care agency or organization.
FAST-FOOD RESTAURANT
A fast-food restaurant is defined to be a restaurant that has all of the following characteristics:
A. 
Its principal business is the sale of food items and beverages of the kind which can readily be taken out of the restaurant for consumption off the premises.
B. 
Utensils, if used at all, are made of plastic or other disposal materials. Food is packaged in paper or Styrofoam or other disposable containers.
C. 
Service is not customarily provided to customers at their tables by employees of the restaurant.
FILLING
The depositing or dumping of any matter on or into the ground, except deposits resulting from common household gardening and general farm care.
FLOOR AREA RATIO
The ratio between the maximum allowable amount of floor space on all floors in a building and the total area of the lot on which the building is located. Example: A FAR of 2.0 would allow floor space of twice the area, or a four-story building covering one-half of the lot. A FAR of 0.5 would allow floor space of 1/2 the lot area, or a two-story building covering 1/4 of the lot.
FLOOR AREA, TOTAL
The area of all floors of a building including finished basements and covered porches.
FLOOR AREA, USABLE
Any floor area within outside walls of a building, exclusive of areas in cellars, unfinished basements, utility area, unfinished attics, garages, open porches and accessory buildings.
FOSTER CHILD
A child unrelated to a family by blood or adoption with whom he or she lives for the purpose of care and/or education.
GARAGE, PRIVATE
An accessory building designed or used for the storage of motor-driven vehicles owned and used by the occupants of the building to which it is accessory, for personal use only.
GARAGE, PUBLIC
Any premises used for the storage or care of motor-driven vehicles, or place where any such vehicles are equipped for operation, repaired, or kept for remuneration, hire or sale.
HANDICAPPED PERSON
A person with a physical, emotional, or mental disability including but not limited to mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, and orthopedic impairments, but not including convicted felons or misdemeanants on probation or parole or receiving rehabilitation services as a result of their prior conviction, or mentally ill persons who have pled guilty but mentally ill to a crime or not guilty by reason of insanity to a crime. "Handicapped person" does not include persons with current, illegal use of or addiction to alcohol or any controlled substance as regulated under KRS 218A.
HOME OCCUPATION
Professional offices and personal services maintained or conducted within a dwelling or conducted as a conditional use in a detached existing garage. Retail sales of a product on the premises shall be strictly prohibited. The processing of any product shall not qualify as a home occupation. Home occupations include only those which are specifically listed and meet the following performance standards:
A. 
Home occupations shall be incidental to the principal residential use. Home occupations shall be conducted within the principal building only or conducted conditionally within an existing detached garage. A home occupation shall employ no more than one person not a resident of the premises. No home occupation may exceed a total area equal to 25% of the area of the principal building.
B. 
There shall be no visible evidence of the conduct of a home occupation from the exterior of the building other than one sign not exceeding four square feet in area, unlighted, and mounted flat against the wall of the principal building.
C. 
No substantial traffic increase shall be generated in the residential area.
D. 
Home occupations shall not generate any atmospheric pollution, light flashes, glare, odors, noise, and vibration of truck or other heavy traffic.
HOSPITAL
An institution providing health services, primarily for inpatients and medical or surgical care of the sick or injured, including as an integral part of the institution such related facilities as laboratories, outpatient department, training facilities, central service facilities and staff offices.
HOTEL-MOTEL
A building occupied or used as a more or less temporary abiding place of individuals or groups of individuals with or without meals, and in which there are more than five sleeping rooms.
JUNK
Any motor vehicle, machine, appliance, scrap material that is in a condition which prevents its use for the purpose for which it was originally manufactured.
JUNKYARDS, USED AUTO PARTS YARDS, SALVAGE YARDS
The use of an area of any lot for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition, abandonment of automobiles, or other vehicles or machines or parts thereof.
KENNEL
Any lot or premises on which three or more dogs, four months or more old, are kept either permanently or temporarily for commercial or breeding purposes.
LABORATORY
A place devoted to experimental study, such as testing and analyzing. Manufacturing of product or products is not permitted within this definition.
LOADING SPACE
An off-street space on the same parcel of property with a building or group of buildings, for temporary parking of a commercial vehicle while loading and unloading merchandise or materials.
LOT
A parcel of land occupied or intended for occupancy by a use permitted in these regulations, including one principal building together with the accessory buildings, yard areas, and parking spaces required by these regulations, and having its principal frontage upon a publicly maintained street.
LOT COVERAGE
That part or percent of the lot occupied by buildings, including accessory buildings.
LOT DEPTH
The mean horizontal distance from the front street line to the rear lot line.
LOT LINES
The property lines abounding the lot.
A. 
LOT LINE, FRONTIn the case of an interior lot, that line separating said lot from the street. In the case of a corner lot, or double frontage lot, "front lot line" shall mean that line separating said lot from that street which is designated as the front street in the plat and in the application for a building permit.
B. 
LOT LINE, REARThat lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line not less than 10 feet long farthest from the front lot line and wholly within the lot.
C. 
LOT LINE, SIDEAny lot line other than the front lot line or rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.
D. 
LOT LINE, STREET OR ALLEYA lot line separating the lot from the right of way of a street or alley.
LOT OF RECORD
A lot which is part of a subdivision recorded in the office of the County Court Clerk, or a lot or parcel surveyed or described by metes and bounds, the description of which has been so recorded.
LOT WIDTH
The mean horizontal distance between the side lines at the building line measured along the building line.
LOT, CORNER
A corner lot is a lot of which at least two adjacent sides abut for their full length upon a street, provided that such two sides intersect at an interior angle of not more than 135°. Where a lot is on a curve, if tangents through the extreme point of the street line of such lot make an interior angle of not more than 135°, it is a corner lot. In the case of a corner lot with curved street line, the corner is that point on the street lot line nearest to the point of intersection of the tangents described above.
LOT, DOUBLE-FRONTAGE
An interior lot having frontages on two more or less parallel streets as distinguished from a corner lot. In the case of a row of double-frontage lots, one street will be designated as the front street in the plat and the request for a building permit will indicate which street is the designated front street.
LOT, INTERIOR
A lot other than a corner lot.
MAJOR THOROUGHFARE
The major streets which carry a relatively large amount of vehicular traffic and may connect to secondary or regional thoroughfares. The major thoroughfares are as delineated in the Comprehensive Land Use Plan as adopted by the governing body.
MANUFACTURED HOME
Manufactured home shall mean any single-family residence fabricated in an off-site facility on a chassis or undercarriage as an integral part thereof and consisting of one or more separately towable units for installing and assembling on a building site which can be adequately supported by blocks set on any solid surface and which bears a seal certifying that it was built in compliance with the Federal Housing and Construction Safety Standards. For the purpose of this chapter, "manufactured homes" shall be inclusive of mobile homes.
MOBILE HOME
Mobile home shall mean any single-family residence fabricated in an off-site facility on a chassis or undercarriage as an integral part thereof, consisting of one or more separately towable units for installing or assembling on a building site which can be adequately supported by blocks set on any solid surface and which was manufactured prior to the enactment of the Federal Manufactured Housing Standards Act of 1974, which became effective June 15, 1976. For the purpose of this chapter, "mobile homes" shall be inclusive of manufactured homes.
MOBILE HOME PARK
A unified development of two or more mobile home sites, plots, or stands arranged on a large tract usually under single ownership, meeting the area and yard requirements of this chapter, and designed to accommodate mobile homes, for more or less permanent duration, whether or not a charge is made for such accommodations, and includes any service building, structure, enclosure or other facility used as part of the mobile home park.
MODULAR HOME
Modular home shall mean any dwelling unit transported to the building site in one or more pre-constructed sections to be assembled onto a building site and designed to be moored to a permanent foundation and which, on being tied to the foundation, could only be moved as a conventionally built home and having the appearance of a conventionally built dwelling.
MOTOR VEHICLE REPAIR
General repair, engine rebuilding, rebuilding or conditioning of motor vehicles; collision service such as body, frame or fender straightening and repair; overall painting, completely enclosed spray booth.
MOTOR VEHICLE WASH ESTABLISHMENTS
A building, or portion thereof, the primary purpose of which is that of washing motor vehicles.
NONCONFORMING STRUCTURES OR USES
A structure or use of any premises which does not conform to applicable provisions of this chapter, but which existed at the time of its designation as nonconforming by the adoption or amendment of this chapter.
NONRESIDENTIAL STRUCTURE, PRIVATE
Carport, garage, post-frame building or other buildings not used as a dwelling and designed and used for the storage of motor driven vehicles, mowing equipment, etc., for personal use only.
NURSERY TREES AND SHRUBS
An area or establishment devoted to the raising and care of trees, shrubs, or similar plant materials.
OFF-STREET PARKING LOT
A facility providing vehicular parking spaces, along with adequate drives and aisles for maneuvering, so as to provide access for entrance and exit for the parking of more than two automobiles.
OPEN-AIR BUSINESS USES
Open air business uses shall include the following:
A. 
Retail sale of trees, shrubs, plants, flowers, seed, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment and other home garden supplies and equipment;
B. 
Retail sale of fruit and vegetables;
C. 
Tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving ranges, children's amusement parks or similar recreational uses;
D. 
Bicycle, trailer, motor vehicle, boats or home equipment sales, service, rental services, farm and construction equipment;
E. 
Outdoor display and sale of garages, swimming pools, monuments, and similar uses;
F. 
Flea markets and similar open-air displays.
PARKING SPACES
An area of not less than 10 feet wide by 18 feet long, for each automobile or motor vehicle, such space being exclusive of necessary drives, aisles, entrances or exits and being fully accessible for the storage or parking of permitted vehicles.
PLANNED UNIT DEVELOPMENT (PUD)
A land development project comprehensively planned as an entity via a unitary site plan which permits flexibility in building sitting, mixtures of housing types and land uses, usable open spaces and the preservation of significant natural features.
PORTABLE SAWMILL
A motorized machine tool run by a gasoline motor, diesel motor, electric motor or chainsaw and (that) is capable of being carried or moved about, and used by individuals, tradesmen or professionals in producing limited volumes of boards cut from logs gaining profit for less than three months per year on any one parcel or for personal use.
PUBLIC STREET
A publicly maintained thoroughfare providing the principal means of access to abutting property and listed on the city, county, state, or federal road system.
RESIDENTIAL CARE FACILITY
A residence operated and maintained by a sponsoring private or governmental agency to provide services in a homelike setting for handicapped persons.
RESIDENTIAL CARE SERVICES
Services include but are not limited to supervision, shelter, protection, rehabilitation, personal development and attendant care.
RUBBISH
The miscellaneous waste materials resulting from housekeeping, mercantile enterprises, trades, manufacturing and office, including other waste matter such as slag, stone, broken concrete, fly ash, ashes, tin cans, glass, scrap metal, rubber, paper, rags, chemicals or any similar or related combinations thereof.
SALVAGE
Refers to any motor vehicle, machine or appliance having sufficient value to justify its sale for repair or recovery of parts.
SAWMILL
A mill or machine used for the processing of lumber products from raw uncut timber obtained on site or off site to be sold for commercial purposes including but not limited to logs, lumber, posts and firewood.
SELF STORAGE
A commercial endeavor in which storage space is leased in units known as "storage units" (such as rooms, lockers, containers, and/or outdoor space) are rented to tenants, usually on a short-term basis. Also known as "self-service storage" or "mini storage," is[3]
SERVICE STATION
A building or structure designed or used for the retail sale or supply of fuels, lubricants, air, water and other operating commodities for motor vehicles, aircraft or boats, and including the customary space and facilities for the installation of such commodities on or in vehicles and including space for facilities for the temporary storage of vehicles, minor repair or servicing.
SETBACK
The required distance between every structure and any lot line on the lot on which it is located.
SHOPPING CENTER
A group of two or more adjoining or adjacent retail stores or service establishments to be planned, constructed and developed as a single unit, and including any additional such stores or establishments subsequently adjoining or adjacent thereto. Typical uses found in such developments include, but are not limited to, supermarkets, restaurants, drugstores, variety department stores, specialty stores, movie theaters, etc. This term also includes "strip mall."
SIGN
Any fabricated sign or outdoor display structure including its structure, consisting of any letter, figure, character, mark, point, plane, marquee sign, design, poster, pictorial picture stroke, stripe, line, trademark, reading matter, or illuminating device, constructed, attached, erected, fastened, or manufactured in any manner whatsoever so that the same shall be used for the attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine, or merchandise whatsoever, and displayed in any manner out of doors for recognized advertising purposes. (refer to Article X, § 10.02 for additional information)
SOIL REMOVAL
The removal of any kind of soil or earth matter which includes topsoil, sand, gravel, clay or other materials or any combination thereof, except common household gardening and general farm care.
STORY
That part of a building comprised between a floor and the floor or roof next above which is not a basement or an attic.
A. 
FIRST STORYThe lowermost story entirely above the grade plane.
B. 
MEZZANINEAn intermediate level between the floor and the ceiling of any story, and covering not more than 33% of the floor area of the room in which it is located.
STREET
Any public or private vehicular way which affords the principal means of access to abutting property. The term shall include "road," "highway," or "thoroughfare." A public street is a street accepted according to the Subdivision Regulations[4] and maintained by the governing body. A private street is a street not so accepted or maintained.
STRUCTURAL ALTERATION
Any change in the supporting members of a building or structure, each as bearing walls or partitions, columns, beams or girders or any change in the width or number of exits, or any structural change in the roof.
STRUCTURE
Anything constructed or erected, the use of which required fixed location on the ground or attachment to something having a fixed location on the ground, including buildings, radio towers, swimming pools, and walls or fences exceeding 3 1/2 feet in height, billboards and poster panels; reference to buildings includes structures and vice versa.
SUBDIVISION REGULATIONS
Regulations as adopted by the Fiscal Court for the subdivision of land.[5]
SWIMMING POOL
Any structure or container intended for swimming or bathing located either above or below grade designed to hold water to a depth greater than 24 inches.
TOURIST DESTINATION
Tourist destinations provide for the rehabilitation and productive re-use of structures existing as of July 1, 2020, in the rural areas of Henderson County, thus promoting tourism and the overall economy, while allowing for the continued use of the subject property for agricultural purposes, and/or the preservation of a landmark, structure or scenic view.
TRAVEL TRAILER
A vehicular portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, with a body width not exceeding eight feet and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons. For the purposes of these regulations, the term includes recreational vehicle, pickup campers, camping trailers and motorized homes (living facilities constructed as integral parts of self-propelled vehicles).
TRUCK GARDENING
Truck gardening is the use of land for growing edible vegetables, fruits, and other crops for resale and commercial purposes. Household gardening by a property owner for a hobby or purely local consumption by himself and his family residing on the same premises shall not be construed to be truck gardening.
TRUCK TERMINAL
A lot, lot area or parcel of land used, designed or maintained for the purpose of storing, parking, refueling, repairing, dispatching, servicing or keeping motor trucks and associated equipment, for hire, together with those facilities necessary to service, dispatch, store or maintain aforementioned vehicles, and their cargos and crews.
USE
The purpose for which land or premises or a building thereon is designed, arranged, or intended, or for which it is occupied or maintained, let or leased.
UTILITY ROOM
A room or space, located other than in the basement, specifically designed and constructed to house any home appliances (furnace, water heater, and pump).
VARIANCE
A departure from dimensional terms of the zoning regulation pertaining to the height, width, or location of structures, and the size of yards and open spaces where such departure meets the requirements of KRS 100.241 and 100.247.
YARD
An open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided herein. The measurement of a yard is the minimum horizontal distance between the lot line and the building or structure.
A. 
Side yard. A yard between the side line of the lot and the nearest line of the principal building and extending from the front yard to the rear yard, or in the absence of either such yard, to the front and rear lot lines, as the case may be; except that on a corner lot, the side yard adjacent to a street shall extend the full depth of the lot.
B. 
Front yard. A yard extending the full width of the lot; the depth of which is the horizontal distance between the front lot line and the nearest line of the principal building on the lot.
C. 
Rear yard. A yard extending the full width of the lot, the depth of which is the horizontal distance between the rear lot line and the rear line or lines of the principal building on the lot.
[1]
Editor's Note: The Subdivision Regulations are included in Appendix B of the County Code.
[2]
Editor's Note: So in original; "this section" apparently refers to the definition of "consumer fireworks" in KRS 227.702.
[3]
Editor's Note: So in original.
[4]
Editor's Note: The Subdivision Regulations are included in Appendix B of the County Code.
[5]
Editor's Note: The Subdivision Regulations are included in Appendix B of the County Code.