For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSARY USE OR STRUCTURE. Any use or structure on the same lot with, and of a nature customarily incidental to or subordinate to, the principal use or structure.
ADMINISTRATIVE/ENFORCEMENT OFFICER. The Administrative/Enforcement Officer is an individual who shall be appointed by the County Judge/Executive of the county with consent and approval of Fiscal Court, to administer this chapter. This OFFICER may also be known as the BUILDING INSPECTOR, ENFORCEMENT OFFICER, ZONING ADMINISTRATOR or various other titles descriptive of the work performed. The duties and titles may be split between one or more persons as required.
AGRICULTURAL USE. The use of a tract of at least five 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 above agricultural use on the tract, but not including residential building development for sale or lease to the public, and shall also include, regardless of the size of the tract of land used, small wineries licensed under KRS 243.155, and farm wineries licensed under the provisions of KRS 243.156.
AGRICULTURAL STRUCTURE. Any structure or building, other than a dwelling, accessory to the principle use of the land.
ALLEY. Any public or private way affording a secondary means of vehicular access to abutting property and not intended for general traffic circulation.
ALTERATION. Any change or addition to the supporting members or foundation of a building or other structure.
APARTMENT. A room or suite of rooms in a multi-family building, consisting of at least one habitable room, together with a kitchen or kitchenette and sanitary facilities.
APPROVING AUTHORITY. The Lincoln County/Cedar Creek Planning Commission unless a different agency is specifically designated by ordinance.
AUTOMOBILE OR TRAILER SALES AREA. An open area, other than a street, used for display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done. No vehicles shall be placed or displayed forward of the building line required for the district.
AUTOMOTIVE REPAIR, MAJOR. Repair of motor vehicles or trailers, including rebuilding or reconditioning of engines and/or transmissions; collision services including body, frame or fender straightening or repair; overall painting or paint shop and vehicle steam cleaning.
AUTOMOTIVE REPAIR, MINOR. Incidental minor repairs, upholstering, replacement of parts and motor service to passenger cars and trucks not exceeding one and one-half tons capacity, but not including any operation named under “automotive repair, major,” or any other similar thereto. Cars or trucks being repaired or under repair shall not be stored outside the building for more than 48 hours.
AUTOMOTIVE WRECKING. The dismantling or disassembling of used motor vehicles, or the storage, sale or dumping of dismantled, obsolete or wrecked vehicles or their parts.
BASEMENT. A story whose floor line is below grade at any entrance or exit and whose ceiling is not more than five feet above grade at any such entrance or exit.
BED AND BREAKFAST. A residential unit where four or fewer sleeping rooms are provided for transient persons for compensation, and in which meals may be served to overnight guests.
BOARD. The Board of Adjustment for Lincoln County, Kentucky.
BOARDING OR LODGING HOUSE. A dwelling or part thereof occupied by a single housekeeping unit where meals and lodgings are provided for four or more persons (not transients) for compensation by previous arrangement.
BUILDABLE LOT AREA. The part of a lot not included within the open areas required by this chapter.
BUILDING. Any structure having enclosed space and a roof.
(1) BUILDING, ACCESSORY. A subordinate building detached from, but located on the same lot as the principal building, the use of which is incidental to and accessory to that of the main building or use.
(2) BUILDING, PRINCIPAL. A building in which is conducted the main or principal use of the lot on which said building is situated.
BUILDING, HEIGHT OF. The vertical distance from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
BUILDING LINES. See also SETBACK LINES. Lines and/or utility easements and rights-of-way beyond which no building or part thereof shall project, except as otherwise provided by this chapter.
BUILDING PERMIT. A permit issued by the Administrative/Enforcement Officer authorizing the use of lots, structures, uses of land and structures, and the characteristics of the uses.
BUSINESS. The following definitions of varying types of business uses may be used to clarify permitted and conditional uses in a commercially zoned district.
(1) BUSINESS, CONVENIENCE OR NEIGHBORHOOD. Commercial establishments which cater to and can be located in close proximity to or within residential districts without creating undue vehicular congestion, excessive noise or other objectionable influences. To prevent congestion, CONVENIENCE uses include, but need not be limited to, drugstores, video rental stores, beauty salons, barber shops, carry-outs, dry cleaning and laundry pick up facilities, and grocery stores, if less than 10,000 square feet in floor area. Uses in this classification tend to serve the day-to-day needs of the neighborhood.
(2) BUSINESS, GENERAL. Commercial uses which generally require locations on or near major thoroughfares and/or their intersections, and which tend, in addition to serving the day-to-day needs of the community, also supply more durable and permanent needs of the whole community. GENERAL BUSINESS uses include, but need not be limited to, such activities as supermarkets; stores that sell hardware, apparel, footwear, appliances and furniture; department stores and discount stores.
(3) BUSINESS, HIGHWAY. Commercial uses which generally require locations on or near major thoroughfares and/or their intersections and which tend to serve the motoring public. HIGHWAY BUSINESS uses include, but need not be limited to, such activities as gas stations, auto and truck sales and service, restaurants, including drive through restaurants, motels and commercial recreation.
(4) BUSINESS, OFFICE/PROFESSIONAL. Quasi-commercial uses which may often be transitional between retail business and/or manufacturing and residential uses. Office/professional generally accommodates such occupations as administrative, executive, professional, accounting, writing, clerical, stenographic and chaffing. Institutional offices of a charitable, philanthropic, religious or educational nature are also included in this classification.
CERTIFICATE OF OCCUPANCY. A certificate issued by the Administrative/Enforcement Officer, after construction has taken place, which certifies that the building meets minimum standards for human occupancy.
CITIZEN MEMBER. Any member of the Planning Commission And/or Board of Adjustments who is not an elected or appointed official or an employee of the county.
CLINIC. A place used for the diagnosis and treatment of sick, ailing, informed and/or injured persons and those who are in need of medical or surgical attention, but limited to outpatients only.
COMMERCIAL FLOOR AREA. Building floor area devoted to the display of merchandise, the performance of consumer services, or the circulation and accommodation of customers.
COMMON OPEN SPACE. An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and/or owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and/or owners of the development.
COMMISSION, PLANNING. Planning Commission of Lincoln County, Kentucky; also known as the Lincoln County/Cedar Creek Planning Commission or the Commission.
COMPREHENSIVE PLAN. A plan prepared to serve as a guide for public and private actions and decisions to assure the development of public and private property in the most appropriate manner within the planning area and adopted by the Planning Commission in accordance with KRS Chapter 100. This plan also establishes the goals, objectives and policies of the community.
CONDITIONAL USE. A use specifically permitted in a zoning district, other than a principally permitted use, requiring a conditional use permit and the review and approval of the Board of Zoning Adjustment. A CONDITIONAL USE is permitted but could impair the integrity and character of the zone in which it is located, or of adjoining zones, unless restrictions on location, size, extent and character of performance are imposed in addition to those set forth by the zoning ordinance.
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:
(1) A statement of the factual determination of the Board of Zoning Adjustment, which justifies the issuance of the permit; and
(2) A statement of the specific conditions which must be met in order for the use to be permitted.
CONSOLIDATION. The joining together of two or more contiguous lots for the purpose of sale, lease or building development.
CONVALESCENT OR NURSING HOME. An establishment which provides full-time convalescent or chronic care or both for three or more individuals who are not related by blood or marriage to the operator and who by reason of chronic illness or infirmity, are unable to care for themselves. No care for the acutely ill or surgical or obstetrical services shall be provided in such a home. Hospital or sanitarium shall not be construed to be included in this definition.
COURT. An open, unoccupied and unobstructed space other than a yard, on the same lot with a building or a group of buildings.
COUNCIL, CITY. Legislative body for the City of Stanford, Kentucky.
COVERAGE. The percentage of the lot area covered by the building including all overhanging roofs.
DENSITY. A unit of measurement; the number of dwelling units per acre of land.
(1) GROSS DENSITY. The number of dwelling units per acre of land to be developed.
(2) NET DENSITY. The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
DEVELOPER. The legal or beneficial owner or owners of all land proposed to be included in a development, including the holder of options or contracts to purchase or other such persons having a proprietary interest in such land.
DEVELOPMENT PLAN. A presentation in the form of sketches, maps and drawings (plans and profiles) of a proposed use and/or structure by the owner of the land which sets forth in detail the intended development (see site plan). At a minimum, a development plan shall include the information detailed in §§ 154.225 through 154.231. DEVELOPMENT PLANS shall be required by the Planning Commission for all zone change requests. The subdivision preliminary and final plat process detailed in the county subdivision regulations shall satisfy the DEVELOPMENT PLAN requirements for all single-family residential developments.
DIMENSIONAL VARIANCE. See VARIANCE, DIMENSIONAL.
DISTRICT. An area or zone of the municipality for which regulations governing the use of premises and structures or the height and area of buildings are uniform.
DWELLING. A building or structure which is wholly or partly used or intended to be used for living or sleeping by one or more human occupants.
(1) DWELLING, MULTI-FAMILY. A building or portion thereof designed for or occupied by three or more families living independently of each other.
(2) DWELLING, SINGLE-FAMILY. A building designed for or occupied exclusively for residential purposes by one family.
(3) DWELLING, TWO-FAMILY (also known as DUPLEX). A building designed to be occupied by two families living independently of each other.
DWELLING GROUP. A group of two or more detached dwellings located on a parcel of land in one ownership and having any yard or court in common.
DWELLING UNIT. One or more rooms designed for or used by one family for living or sleeping purposes, having one kitchen or kitchenette, and maintaining separate and independent housekeeping.
EASEMENT. A grant by the property owner to the public, a corporation or persons, of the use of a strip of land for specific purposes.
ENFORCEMENT OFFICER. See ADMINISTRATIVE/ENFORCEMENT OFFICER.
FAMILY. A person living alone, or two or more persons related by blood, marriage or adoption, or not more than five unrelated persons, occupying a single dwelling unit. Such occupancy shall be for non-profit purposes, as distinguished from a group occupying a boarding house, lodging house, hotel or motel.
FILING. Filing with the Lincoln County Clerk unless a different county official is designated by ordinance.
FILLING STATION or GAS STATION. Buildings or premises where gasoline, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, including greasing and oiling on the premises, but not including major automobile repairs.
FINAL APPROVAL. The official action of the Planning Commission taken on a final subdivision plat or development plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion per this chapter.
FISCAL COURT. The chief legislative body of Lincoln County.
FLOOR AREA, TOTAL. The area of all floors of a building including finished attics, finished basements and covered porches.
FRONTAGE. The front of a lot shall be construed to be the portion nearest the street right-of-way. The FRONTAGE is the length of the front lot line measured at the street right-of-way line. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to a street shall be required to meet FRONTAGE requirements. Yards shall be provided as discussed later in this section.
GARAGE, PRIVATE. A detached accessory building or a portion of the principal building used by the occupants of the premises for the shelter or storage of vehicles owned or operated by the occupants of the principal building.
GARAGE, PUBLIC. A building or structure used for the parking or temporary storage of passenger vehicles on an intended profit basis.
GARAGE, SERVICE STATION. Buildings and premises where gasoline, oil, grease, batteries, tires, motor vehicle accessories, maps and informational materials, and food, drink and similar convenience goods for service station customers, may be supplied and dispensed at retail, and where minor automotive services may be rendered and sales made. Minor servicing of motor vehicles shall not include major mechanical and body work, including the storage of automobiles not in operating condition or other work involving off-site noise, glare, fumes, smoke or other characteristics.
GOVERNING BODY. The chief legislative body of Lincoln County (Fiscal Court).
HEIGHT OF STRUCTURE. The vertical distance measured from the average finished grade at the front building line to the highest point of a structure (See BUILDING, HEIGHT OF).
HOME OCCUPATION. An occupation or profession carried on within a dwelling by the occupant thereof which is clearly incidental and secondary to the use of the dwelling for residential purposes, permitted as a conditional use in § 154.082, provided that:
(1) There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation other than one non-illuminated sign four square feet in area mounted flat against the outside wall of the main or accessory building;
(2) Such use shall not require structural alterations or involve construction not customary in dwellings;
(3) No more than 25% of the floor area of the dwelling unit shall be used in the conduct of such home occupation;
(4) No traffic generated by such home occupation shall be in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this chapter and shall not be in the required front yard;
(5) A customary home occupation is primarily of a service character such as:
(a) An office or studio of a physician, dentist, artist, lawyer, engineer, architect, realtor or insurance agent;
(b) A teacher, provided that musical instruction is limited to one pupil at a time;
(c) Child care centers, day cares; and
(d) Beauty parlors, barber shops, schools of any kind with organized classes, provided that the display and/or trading of wholesale or retail merchandise is clearly incidental to the primary service being provided.
(6) There shall be no commodities sold except those which are produced on the premises or as meet conditions otherwise set forth in this definition;
(7) No home occupation shall generate off-site noise, vibration, glare, fumes, odors or electrical interference detectable to normal senses. No equipment or process shall be used which creates visual or audible interference in any off-site radio or television receivers, or causes off-site fluctuations in line voltage; and
(8) All such home occupations shall require a conditional use permit and approval of the Board of Adjustment. The Board may attach certain conditions to its approval which it feels are necessary to preserve and protect the character of the district in which the proposed use would locate.
HOME OCCUPATION, AGRICULTURAL. Any occupation as defined in HOME OCCUPATION which occurs in the residential dwelling on the farm, plus any occupation conducted in an accessory building in any agricultural zone, provided that:
(1) No more than three persons other than members of the family residing on the premises shall be engaged in such occupation;
(2) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one non-illuminated sign, not exceeding eight square feet in area, and not placed in such a manner as to create a traffic visibility problem or obstruction; and
(3) The use is clearly incidental and subordinate to the land’s principal agricultural use.
HOSPITAL or SANITARIUM. An establishment which provides accommodations, facilities and services over a continuous period of 24 hours or more for observation, diagnosis and care of two or more individuals suffering from illness, injury, deformity or abnormality or from any condition requiring medical services. Convalescent homes and nursing homes shall not be construed to be included in this definition.
HOTEL or MOTEL. A facility offering transient lodging accommodations to the general public and providing additional services such as restaurants, meeting rooms and recreation facilities. Boarding houses, lodging houses and bed and breakfast facilities shall not be construed to be included in this definition.
HOUSING OR BUILDING REGULATIONS. Regulations adopted by the local governing body which regulate housing, building or other safety codes, including, but not limited to, plumbing and electrical codes, the Kentucky Residential Building Code for One- and Two-Family Dwellings.
INDUSTRY, HEAVY. Those industries whose processing of products may result in the emission of atmospheric pollutants, light flashes or glare, odor, noise, vibration and/or electrical interference which may be heard and/or felt off the premises, and those industries which constitute a fire or explosion hazard.
INDUSTRY, LIGHT. Those industries whose processing of products results in none of the conditions described for heavy industry.
JUNK YARD. A place where junk, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including such uses when conducted entirely within a completely enclosed building, and not including pawn shops, and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition or the processing of used, discarded or salvaged materials as a minor part of manufacturing operations.
KENNEL.
(1) COMMERCIAL. A compound where three or more dogs over four months of age are kept and where the owner is actively engaged in buying dogs for resale, consistently selling offspring of the owner’s dogs, and/or boarding dogs which are not owned by the owner for compensation.
(2) NONCOMMERCIAL. A compound in or adjoining a private residence where hunting or other dogs are kept for the hobby of the householder or for protection of the householder’s property. The occasional sale of pups by the keeper of a noncommercial kennel does not change the character of residential property.
KENTUCKY RESIDENTIAL BUILDING CODE. The state building code adopted by local jurisdictions for the purpose of protecting the health, safety and welfare of residents in all dwelling units in that jurisdiction; also known as the KRBC.
LAND USE PLAN. The Plan adopted by the local Planning Commission as a part of or separate from the Comprehensive Plan proposing the most appropriate, economic, desirable and feasible patterns for the general location, character, extent and inter-relationship of a community’s public and private land.
LIMITED FOOD SERVICE. The preparation and service of food carried on within a residential unit by the occupant thereof for compensation, provided that such food service shall not be available to the general public, but shall be provided to private groups on a pre-arranged basis.
LOADING SPACE, OFF-STREET. An off-street space logically and conveniently located for bulk pickups and deliveries, scaled to the delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Such spaces are typically on the same lot with a building or contiguous to a group of buildings and accessory buildings providing for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials. Such space shall abut on a street, alley or other appropriate means of access. Required OFF-STREET LOADING SPACE is not to be included in off-street parking space or computation of required off-street parking space. All OFF-STREET LOADING SPACES shall be located totally outside of any street or alley right-of-way and shall not obstruct the sidewalk in any way.
LOCAL INFORMATION SIGN. A sign indicating directions to a local commercial, industrial or other type establishment.
LOT. A parcel of land established by plat, subdivision or as otherwise permitted by law to be used, developed or built upon as a unit. Such LOT shall be of sufficient size to meet minimum zoning requirements for use, coverage, area and to provide such yards and open spaces as herein required and shall have frontage on an improved public street.
(1) LOT, CORNER. A lot which abuts on two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135 degrees.
(2) LOT, INTERIOR. A lot other than a corner lot.
(3) LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets; also known as a double-frontage lot.
LOT AREA. The computed area contained within the lot lines.
LOT COVERAGE. See COVERAGE.
LOT DEPTH. The average horizontal distance between the front and rear lot lines.
LOT FRONTAGE. See FRONTAGE.
LOT LINES. The property lines bounding a lot.
(1) LOT LINE, FRONT. The property line separating the lot front and the street.
(2) LOT LINE, REAR. The lot line opposite and most distant from the front lot line.
(3) LOT LINE, SIDE. Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a SIDE STREET LOT LINE. A side lot line separating a lot from another lot or lots is called an INTERIOR SIDE LOT LINE.
LOT, MINIMUM AREA OF. The area of a lot computed exclusively of any portion of the right-of-way of any public or private street.
LOT WIDTH. The average width of the lot measured at right angles to its depth.
LOT OF RECORD. Recorded lot on file in the County Court Clerk’s Office.
MAP. A map of the jurisdiction indicating district boundaries according to this chapter; also known as zoning map or zoning atlas.
MOBILE HOME, TRAILER or MANUFACTURED HOME PARK. An area of land upon which two or more occupied mobile homes are placed, either free of charge or for revenue purposes, and which is constructed in compliance with the standards of this chapter as specified in §§ 154.145 through 154.150, and which must consist of a minimum of ten acres. In an A-1 Zone, multiple MOBILE HOMES placed on a single tract of land at a density no greater than one unit per one acre for an immediate family member and as detailed in § 154.147(A) shall not be classified as a MOBILE HOME PARK.
MUNICIPAL/COUNTY AUTHORITY. The Lincoln County Fiscal Court.
NONCONFORMING USE OR STRUCTURE. An activity or a building, sign, structure or a portion thereof which lawfully existed before the adoption or amendment of the zoning ordinance, but which does not conform to all of the regulations contained in the zoning ordinance which pertain to the zone in which it is located. See §§ 154.060 through 154.063.
OPEN SPACE. Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment of owners and occupants of land adjoining or neighboring such open space. Such areas may be improved with only those buildings, structures, recreation facilities, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
PLAN. The provisions for development of a planned unit development including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, private streets, ways and parking facilities, common open space and public facilities. The phrase “provisions of the plan” when used in this chapter shall mean the written and graphic materials referred to in this definition.
PLANNED UNIT DEVELOPMENT. An area with specified minimum contiguous acreage of five acres to be developed as a single entity according to a plan containing one or more residential clusters, which may include commercial, public or quasi-public uses in such ranges of ratios of nonresidential uses to residential uses as shall be specified in the zoning ordinance (§§ 154.205 through 154.213) primarily for the benefit of the residential development.
PLANNING COMMISSION. The Lincoln County/Cedar Creek Planning Commission, established pursuant to KRS Chapter 100.
PLAT. A map or maps of a subdivision showing lot lines therein and fulfilling the requirements of the locally adopted subdivision regulations.
PORTABLE/TEMPORARY SAWMILL. Any sawmill meeting the definition for SAWMILL contained in this chapter, but which only operates on a limited basis or is only in a location for a limited period of time. The limit of use and/or period of time to be determined pursuant to the conditions placed on same by the Board of Adjustments.
PRINCIPAL PERMITTED USE. A use which is permitted outright in a district for which a zoning certificate may be issued by the Administrative Official in accordance with the provisions of the ordinance.
PRINCIPAL USE OF STRUCTURE. The primary use of the land or the main structure on a lot which determines the primary activity that takes place on the land or in the structure.
PRELIMINARY APPROVAL. The conferral of certain rights, pursuant to this chapter and the adopted subdivision regulations, prior to final approval after specific elements of a subdivision plat have been agreed upon by the Planning Commission.
PREMISES. A lot or other tract of land under one ownership and all the structures on it.
PUBLIC OPEN SPACE. An open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency, or other public body for recreational or conservation uses.
QUASI-PUBLIC USE. Churches, Sunday schools, parochial schools, colleges, hospitals and other public facilities of an educational, religious, charitable, philanthropic or related non-profit nature.
RESIDENTIAL CLUSTER. An area developed as a single entity according to a plan containing residential housing units in which the individual lots have a common or public open space area.
RESIDENTIAL UNIT. Any unit designed for use by one family for living purposes being self-contained, and being either in a detached, semi-detached, attached multi-family or multi-story structure.
RIGHT-OF-WAY. A strip of land taken or dedicated for use as a public way. In addition to the roadway itself, the RIGHT-OF-WAY normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features as required by topography or treatment such as grade separation, landscaped areas, viaducts and bridges.
SAWMILL. A facility where logs are cut into lumber of boards.
SETBACK LINE. The distance between a given lot line, easement or right-of-way line and any structure: front, rear or side as specified.
SIDEWALK. The portion of the road right-of-way outside the roadway which is improved for the use of pedestrian traffic.
SITE PLAN. A development plan of one or more lots on which is typically shown the existing and proposed topography of the lots, the location of all existing and proposed buildings, drives, parking spaces, means of ingress and egress, drainage facilities, landscaping, structures and signs, lighting, screening devices and any other information that may be reasonably required in order to make an informed decision.
STORY. The portion of a building, other than a basement, included between the surface of any floor and the ceiling next above it.
STREET. A public right-of-way which provides a public means of vehicular and pedestrian access to abutting property. The term STREET shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare or any other similar term. The right-of-way limits of any STREET shall include the street pavement, curb and gutter (or open ditches) and may provide space for the location of utilities. The right-of-way limits of any STREET shall be coincidental to the property line of the adjacent or the abutting lot.
(1) ARTERIALS. ARTERIAL STREETS rank second in the classification of streets, and are primarily for through traffic, carrying heavy loads and large volumes of traffic, usually on a continuous route. Access to abutting properties, if permitted, should be provided by means of a marginal access street in order to serve several abutting properties, rather than provide each abutting property its own individual access thereto. ARTERIAL STREETS are the link between expressways and collector streets, and generally rank next to expressways in traffic volume, speed limit control and right-of-way limits.
(2) COLLECTOR STREETS. COLLECTOR STREETS rank third in the classification of streets, and they are principally used for vehicular movement; however, access to abutting properties is planned and controlled so that minimum disturbance is made to the traffic flow on said collector street. COLLECTORS are the link between arterial and minor streets, and generally rank next to minor streets in right-of-way lengths and speed control. COLLECTOR STREETS typically include the principle entrance and circulation routes within residential subdivisions.
(3) EXPRESSWAYS. EXPRESSWAYS rank first in the classification of streets and are used only for vehicular movement without access to abutting properties. Interchange of traffic between EXPRESSWAYS and other streets (only arterial streets when possible) is accomplished by grade separated interchange with merging deceleration and acceleration lanes.
(4) MINOR OR LOCAL STREETS. MINOR STREETS rank fourth in the classification of streets and are used primarily for providing access to abutting properties. Vehicular movement on minor streets should have an origin or destination in the immediate vicinity, whereas all types of through-traffic should be eliminated. MINOR STREETS are the primary link between generator points (homes, offices, stores and the like) and collector streets. MINOR STREETS require the least amount of vehicular movement and may be further classified into five categories as follows:
(a) ALLEYS. ALLEYS are streets generally having two open ends with each end connecting to different streets. Such streets generally provide service and access to the rear of abutting properties on both sides.
(b) CONTINUING STREETS. CONTINUING STREETS are minor streets having two open ends; each end generally correcting with different streets. One or more streets may intersect such a street between its two open ends, and property abuts both sides of such a street.
(c) CUL-DE-SACS. CUL-DE-SACS are minor streets having only one open end providing access to another street, and a closed end providing a turn-around circle for vehicular movement. No streets of this type shall dead-end at the closed end, unless future plans provide for its continuation to an open end or a turn-around circle. Temporary turn-around circles may be required when deemed necessary by the Commission.
(d) LOOP STREETS. LOOP STREETS are minor streets having two open ends, each generally connecting with the same street. No other streets intersect between its two ends and property abuts on both sides thereof.
(e) MARGINAL ACCESS STREETS. MARGINAL ACCESS STREETS are minor streets generally having two or more access points to the major street system by connecting to a street of higher classification. Property abuts only one side of such a street whereas the other side thereof should generally be parallel and adjacent to a street of higher classification. MARGINAL ACCESS STREETS are sometimes called ACCESS OR FRONTAGE ROADS.
STRUCTURAL ALTERATION. Any change, other than incidental repairs, in the supporting members of a building, such as bearing walls, columns, beams or girders.
STRUCTURE. Anything constructed or made, the use of which requires permanent location in or on the ground or attachment of something having a permanent location in or on the ground, including buildings and signs.
SUBDIVISION.
(1) The division of a parcel of land into three 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 purposes into lots or parcels of five acres or more and not involving a new street shall not be deemed a SUBDIVISION.
(2) The term includes RE-SUBDIVISION, and when appropriate to the context, shall relate to the process of subdivision or to the land subdivided.
(3) Any division or redivision of land into parcels of less than one acre occurring within 12 months following the division of the same land shall be deemed a SUBDIVISION within the meaning of this chapter.
SUBDIVISION REGULATIONS. The regulations governing the subdivision of land within the county and as adopted by the Lincoln County/Cedar Creek Planning Commission.
VARIANCE, DIMENSIONAL. A departure from the terms of the zoning regulations pertaining to height or width of structures and size of yards and open spaces, where such departures will not be contrary to the public interest, and where, owing to conditions peculiar to the property because of its size, shape or topography and not as a result of actions of the applicant, the literal enforcement of the zoning regulations would result in unnecessary and undue hardship. Such departure requires approval of the Board of Adjustment.
YARD. An open space or lot other than a court, unoccupied and unobstructed from the ground upward except as otherwise provided in this chapter.
(1) YARD, FRONT. The portion of the yard extending the full width of the lot and extending between the front lot line and the nearest part of the principal building.
(2) YARD, REAR. The portion of the lot extending the full width of the lot and extending between the rear lot line and the nearest part of the principal building.
(3) YARD, SIDE. The portions of the yard extending from the nearest part of the principal building to the side lot line.
(Ord. passed 1-11-2005; Ord. passed 9-10-2013; Ord. 9.8.15, passed 9-8-2015)