For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESS POINT.
(1) A driveway, a local street, a collector street or subcollector street, intersecting an arterial street;
(2) A driveway or a local street intersecting a collector street or subcollector street; or
(3) A driveway or a local street intersecting a local street.
AGRICULTURE. The use of land for agricultural purposes, including agriculture, dairying, farming, floriculture, horticulture, pasturage, viticulture and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce; provided that, the operation of any such accessory use shall be secondary to that of the normal agricultural activities.
ALLEY. Public rights-of-way which normally affords a secondary means of access to abutting property.
BLOCK. A parcel of land within a subdivision that is bounded by streets or bounded by streets and the exterior boundary of the subdivision. For this definition, an alley is not considered a street, but part of the BLOCK.
BLOCK LENGTH. The distance between inter- sections of through streets, such distance being measured parallel to the longest street bounding the block and from right-of-way line to right-of-way line of the two intersecting streets.
CERTIFICATE OF OCCUPANCY. A certificate which must be obtained prior to occupancy of any premises.
CITY INSPECTOR or COUNTY INSPECTOR. A person employed by the applicable legislative body or the Planning Commission’s duly authorized representative, whose responsibility it is to inspect items required by these regulations.
COMMISSION, PLANNING COMMISSION or PLANNING AND ZONING COMMISSION. The County and Municipal Planning and Zoning Commission.
COMPREHENSIVE PLAN. The comprehensive plan for the county, adopted by the Kenton County and Municipal Planning and Zoning Commission. It is a guide for public and private actions and decisions to assure the development of public and private property in the most appropriate relationships. It shall contain as a minimum the following elements:
(1) A statement of goals and objectives, principles, policies and standards;
(2) A land use plan element;
(3) A transportation plan element;
(4) A community facilities plan element; and
(5) May include any additional elements, such as, without being limited to: community renewal; housing; flood control; pollution; conservation; natural resources; and others.
DEVELOPER. See SUBDIVIDER.
DULY AUTHORIZED REPRESENTATIVE. The Northern Kentucky Area Planning Commission shall be the DULY AUTHORIZED REPRESENTATIVE for the County and Municipal Planning and Zoning Commission and shall be authorized to check, review and approve, where provided in these regulations, all submissions regarding their conformance to these regulations.
EASEMENT. A right, distinct from the owner- ship of the land, to cross property with facilities such as, but not limited to, sewer lines, water lines and transmission lines, or the right, distinct from the ownership of the land, to reserve and hold an area for drainage or access purposes.
ENGINEER. A qualified registered professional engineer in good standing with the state’s Board of Registration for Professional Engineers and Land Surveyors.
FINAL PLAT. A subdivision plat proposed in accordance with the provisions herein in which the plat is designated to be placed on record with the County Clerk after approval by the Planning Commission’s duly authorized representative.
FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland waters;
(2) The unusual and rapid accumulation of runoff of surface waters from any source; and
(3) Mudslides (such as mudflows) which are proximately caused or precipitated by accumula- tions of water on or under the ground.
FLOOD, 100 YEAR FREQUENCY. The highest level of flooding at, on the average, is likely to occur once every 100 years.
FLOODPLAIN or FLOOD AREA. Any normal dry land area that is susceptible to being inundated by water from any source.
FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation more than one foot at any point.
FLOODWAY ENCROACHMENT LINES. The lines marking the limits of floodways on the official zoning map.
FRONT YARD DEPTH. The minimum distance required to be maintained within the lot between a line parallel to the front lot line, as defined herein, and the front lot line.
FRONTAGE LOT. All the property abutting on one side of the right-of-way of a street, measured along the right-of-way line of the street between the intersecting lot lines. In no case shall the line along an alley be considered as acceptable for FRONTAGE.
IMPROVEMENT PLANS. The engineering plans showing types of materials and construction details for the physical structures and facilities to be installed in, or in conjunction with, the subdivision.
KENTON COUNTY. Refers to both the incorporated and unincorporated areas of Kenton County, State of Kentucky.
LOT. A parcel of land or any combination of several lots of record, occupied or intended to be occupied by a principal building or a building group as permitted under the applicable legislative body or fiscal court’s zoning ordinance, together with their accessory buildings or uses and such access, yards and other open spaces required under those zoning ordinances.
LOT AREA. The total area of a horizontal plane bounded by the front, side and rear lot lines, but not including any area occupied by street, alley or railroad rights-of-way, as opposed to an easement, and shall be in one zone only.
LOT, CORNER. A corner lot is a lot situated at the intersection of two streets or on a curved street on which the interior angle of such intersection or curved street does not exceed 135 degrees.
LOT, DEPTH OF. The distance measured in the mean direction of the side lot lines from the midpoint of the front lot lines to the midpoint of the rear lot lines.
LOT, DOUBLE FRONTAGE. A lot other than a corner lot that has frontage on more than one street.
LOT, FLAG. A lot which abuts a public street via a narrow strip of land, at least 20 feet in width, except as herein provided.
LOT, INTERIOR. A lot other than a corner lot with only one frontage on a deeded and occupied public right-of-way.
LOT LINE, FRONT. The common boundary line of a lot and a street right-of-way line. In the case of a corner lot or a double frontage lot, the common boundary line and that street right-of-way line toward which the principal or usual entrance to the main building faces.
LOT LINE, REAR. The boundary line of a lot which is most nearly opposite the front lot line of such lot. In the case of a triangular or wedge-shaped lot, for measurement purposes only, a line ten feet in length within the lot parallel to and at the maximum distance from the front lot line. In the case of a corner lot, providing that all requirements for yard space are complied with, the owner may choose either side not abutting a street as the REAR LOT LINE, even though it is not opposite the front lot line. Once the choice has been made, it cannot be changed unless all requirements for yard space can be complied with.
LOT LINE, SIDE. Any boundary line of a lot, other than a front lot line or rear lot line.
LOT OF RECORD. A designated fractional part of a subdivision according to a specific recorded plot or survey, the map of which has been officially approved by the Planning Commission and recorded in the office of the County Clerk.
LOT WIDTH. The width of the lot as measured along the building front setback line.
NKAPC. The Northern Kentucky Area Planning Commission.
OFFICIAL MAP. The adopted official map of the applicable legislative body or fiscal court, as provided for in KRS Ch. 100.
PRELIMINARY PLAT. A tentative plat of a proposed subdivision prepared in accordance with the provisions herein for presentation to the Planning Commission for its action.
RESUBDIVISION. A subdivision which is actually a resubdivision of a previously recorded plat, representing a revision of the old lots, but where no new improvements are to be constructed or extended.
RIGHT-OF-WAY. A general term denoting land, property or interest therein, usually in a strip and dedicated for or devoted to such uses as a street, alley or railroad.
STREETS.
(1) Any vehicular ways, except alleys;
(2) All STREETS will be within dedicated rights-of-way which have been properly processed, approved and recorded; and
(3) The following shall be used to classify all STREETS.
(a) STREET, ARTERIAL. Public thoroughfares which serve the major movements of traffic within and through the community.
(b) STREET, COLLECTOR. Public thoroughfares which serve to collect and distribute traffic primarily from subcollector to arterial streets.
(c) STREET, CUL-DE-SAC or COURT. A street having an outlet at one end only and having the other end permanently closed with facilities permitting vehicles to turn around.
(d) STREET, DEAD-END. A street having an outlet at one end only and terminated at the other end by undeveloped property. It may or may not have facilities permitting vehicles to turn around.
(e) STREET, EXPRESSWAY. A divided arterial highway for through traffic with full or partial control of access and generally with grade separations at major intersections.
(f) STREET, FREEWAY. A divided multi-line highway for through traffic with all crossroads separated in grades and with full control of access.
(g) STREET, FRONTAGE ROAD, SERVICE ROAD or ACCESS ROAD. A street adjacent to a freeway, expressway or arterial street separated therefrom by a dividing strip and providing access to abutting properties.
(h) STREET, LOCAL. Roadways which are designed to be used primarily for direct access to abutting properties.
(i) STREET, PRIVATE. A paved private roadway which affords access to abutting property for private users of such property. For the purposes of density calculations, a PRIVATE STREET shall constitute the areas of its paved surface and sidewalks or the private right-of-way if designated on the recorded plat.
(j) STREET, PUBLIC. A public roadway, constructed within the boundaries of an officially dedicated public right-of-way, which affords principal means of access to abutting property. For purposes of density calculations, a PUBLIC STREET shall constitute all of the area within the public right- of-way.
(k) STREET, SUBCOLLECTOR. A street designed to provide a traffic route from local to collector streets.
SUBDIVIDER. Any individual, firm, association, syndicate, copartnership, corporation, trust, governmental agency or any other legal entity commencing proceedings under these regulations, to create a subdivision of land, as defined herein, for himself, herself or for another.
SUBDIVISION. The division of a parcel of land into two or more lots or parcels or tracts 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; providing that, a division of land for agricultural purposes into lots or parcels of five acres or more 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.
SURVEYOR. A qualified registered land surveyor in good standing with the state’s Board of Registration.
TRACT. A parcel of land identified by letter or number, the boundaries of which are shown on the recorded subdivision plat.
(1984 Code, § 157.05) (Ord. O-86-78, passed 8-17-1978)