§ 94.80  GUIDELINES.
   (A)   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ASSEMBLY, BUSINESS, EDUCATIONAL, HIGH HAZARD, INDUSTRIAL, INSTITUTIONAL, MERCANTILE, RESIDENTIAL, STORAGE, AND MISCELLANEOUS USES.   Have the same meanings as defined in the currently-adopted edition of the Kentucky Building Code.
   BUILDING OFFICIAL.   The person or persons designated by the Director of the Louisville Metro Department of Inspections, Permits and Licenses to administer and enforce provisions of the Kentucky Building Code within the Louisville/Jefferson County Metro Government.
   CITY ROAD.   Any public roadway (or portion thereof) within a second- to sixth-class city that said city is legally responsible for maintaining, or any private roadway (or portion thereof) within said city limits.
   FIRE CHIEF.   The head of a Fire Department or Fire District (or a designee of such person) who is appointed or empowered, in accordance with KRS Chapters 75, 95, 227 and/or KRS 67C.105, to carry out the expressed or implied statutory authority granted to the applicable Fire Department(s) or Fire District(s).
   FIRE HAZARD.   Any thing, or act, which increases, or will cause an increase, of the hazard or menace of fire to a greater degree than customarily recognized by persons in the public service who are regularly engaged in preventing, suppressing or extinguishing fire, or that which will obstruct, delay, hinder or interfere with the operation of fire protection personnel, or with the egress of occupants in the event of fire.
   FIRE LANE.   A permanent passageway developed to allow the passage of fire apparatus through congested areas (both developed and undeveloped land).
   HARD SURFACE ROAD.   A permanent roadway, surfaced with concrete, asphalt, or gravel, that complies with all the requirements for construction set forth in the Land Development Code, and approved by the Department of Public Works.
   MULTI-FAMILY DWELLING.   Buildings containing more than two complete independent living facilities (such as apartment buildings, or some types of condominiums).
   ROADWAY.   Any public or private way for vehicular traffic used as a primary means of access for emergency vehicles to lots abutting thereon (does not include driveways).  Roadways must meet all of the following minimum standards:
      (1)   Width of at least 18 feet, unless:
         (a)   The roadway serves five or fewer lots, each of which are at least two acres in area, and containing no more than two dwelling units per lot; in which case, the width of the roadway may be 12 feet, with a three-foot earthen shoulder on each side of the roadway;
         (b)   The roadway serves a lot or lots that were platted prior to the effective date of this subchapter (October 10, 2003), if a roadway-width requirement of less than 18 feet previously was approved by the Planning Commission, which is indicated on the plan/plat, or in Planning Commission minutes, in which case, that requirement shall control.
      (2)   Overhead clearance of all obstructions of at least 13 feet, six inches for the length of such roadway as may be used to measure the distance requirement for fire hydrant placement;
      (3)   Capable of supporting a 30-ton fire apparatus;
      (4)   Properly maintained, as determined by the Fire Chief.
   SINGLE-FAMILY DWELLING.   A building containing one unit providing a complete independent living facility, and not connected to any other building or unit.  This definition shall also include detached condominium units meeting this description.
   TEMPORARY ACCESS ROAD.   A temporary roadway required during the combustible phase of construction.
   TWO-FAMILY DWELLING.   A building containing two complete independent living facilities (such as a duplex).
   WATER SUPPLY SYSTEM.   Consists of the Urban and Modified Urban Water Supply Systems, as set forth below.  The area served by each system is determined by the local water utility, and is depicted on the map entitled "Extension Area 3 Urban/Modified Urban System," attached to Ordinance 187-2003, approved 10-10-2003, as Appendix B.
      (1)   MODIFIED URBAN WATER SUPPLY SYSTEM.   A water system designed to deliver a minimum of 500 gallons per minute, at 20 pounds per square inch residual pressure (as defined by the local water utility), and which is intended to service public fire hydrants that are spaced not farther than 1,500 feet apart.  This shall not be expanded to include any area previously identified as part of the "Urban Water Supply System" area.  Within  the Modified Urban Water Supply System in those areas in which residential developments exceed R-4 Zoning District density (or 4.84 dwelling units per acre), the local water utility immediately shall begin their process of installation of an urban water supply system, which shall be completed as soon as circumstances permit.
      (2)   URBAN WATER SUPPLY SYSTEM.   A water system designed to deliver a minimum of 750 gallons per minute, at 20 pounds per square inch residual pressure, with commercial areas being designed to deliver 1,000 gallons per minute at 20 pounds per square inch residual pressure  (as defined by the local water utility), and which is intended to service public fire hydrants that are spaced not farther than 800 feet apart.
   (B)   Any new construction occurring along a roadway shall subject the roadway to compliance with the most current standards set forth in any applicable laws and regulations, with the exceptions listed below:
      (1)   Upon written determination of both the Fire Chief of the jurisdiction in question, and with concurrence of the Director of Public Works (or designee) or, in the case of a second- to sixth-class city, its Mayor or designee (but in such case, only with regard to roadways that are considered "city roads."  If an exemption is sought in a second- to sixth-class city, the applicant must have the plan date-stamped by a representative of said city.  The Mayor's or designee's signature shall indicate approval; however, the exemption shall be deemed granted for purposes of building permit issuance with or without Mayor or designee's signature, unless objection to grant of exemption is filed with the Louisville Metro Department of Public Works within ten business days of the city's date stamp.)  The following partial or total exemptions from roadway-width requirements may be granted, and certain improvements and/or bonding may be required as a condition of the grant of an exemption:
         (a)   If a bridge is part of an existing roadway that must be brought up to current standards, said bridge may be exempted from the roadway-width requirement, if the particular characteristics of the bridge in question demonstrate that it is capable of safely carrying fire-protection apparatus, with regard to both weight and width of equipment.  Certification of weight-bearing capability for private roadways with bridges shall be determined by a licensed professional structural engineer employed by the party seeking this exemption;
         (b)   Roadways serving lots that were platted prior to the effective date of this subchapter (October 10, 2003), but for which the Planning Commission did not previously approve a specified roadway width;
         (c)   For existing roads serving more than five lots, the exemption set forth in subsection (1) of the definition of ROADWAY may be granted for the construction on lots that are at least two acres in area;
         (d)   For lots created by minor plat.
      (2)   The above-referenced exemptions will only be granted upon determination that such partial or total exemption is warranted by the particular circumstances of the situation.  If fire protection is being provided to areas that are served by substandard roadways, deemed by the Fire Chief of the jurisdiction to be insufficient to currently service the area in an adequate manner, then the requested exemption may not be granted.  Moreover, parties requesting exemptions also must be in compliance with all requirements set forth in the Land Development Code, which may be in addition to those enumerated herein.
      (3)   Alleys are only considered to be roadways within the meaning of these definitions, and subject to their requirements, if they are the primary means of ingress/egress for firefighting purposes with regard to structures on individual parcels of land.
   (C)   Referenced codes and regulations. Any documents that comprise types of laws, regulations, ordinances, or policies, as set forth herein, shall refer to the most recently-adopted version, at the time of application of the provisions contained therein.
   (D)   Applicability.
      (1)   Unless otherwise specified herein, the provisions of this ordinance shall apply only to new building construction, and changes in occupancy use group (to a more restrictive use) with regard to factory, industrial, high hazard, institutional, mercantile, residential, storage, and miscellaneous occupancies, as defined in the Kentucky Building Code, as well as residential subdivisions, and mobile-homes, as defined within the Land Development Code, and single-, two-family, or multi-family detached condominium developments, that are located on a single parcel of land.  The provisions of this subchapter shall also apply to additions to all structures, except for single- and two-family dwellings.
      (2)   Non-residential accessory structures in residential areas are excluded from provisions of this subchapter.
(1994 Jeff. Code, § 150.065)  (Jeff. Ord. 17-1991, adopted and effective 10-8-1991; Lou. Metro Am. Ord. No. 187-2003, approved 10-10-2003; Lou. Metro Am. Ord. No. 91-2004, approved 7-1-2004)