For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE/STRUCTURE.
A use or structure which is clearly incidental to, customarily found in association with, and serves a principal use; is subordinate in purpose, area, or extent to the principal use served; and is located on the same building site as the principal use. This term shall be deemed to include accessory service uses, accessory private garages, home occupations, accessory tennis courts, accessory parking facilities, ground-mounted satellite dish antennas and solar energy systems which have the purpose of providing energy for heating and cooling of the principal use.
ADDITION.
An extension or increase in floor area or height of a building or structure.
ADMINISTRATIVE FEES.
The costs of implementing or maintaining the System Development Charges Program, including salaries for any employees dedicated to the program, the costs of purchasing, running, maintaining and upgrading software needed to carry out the program, and any other expenses associated with the implementation or maintenance of the Program.
ALTERATION.
Any construction or renovation to an existing structure other than repair or addition.
BUILDING.
Any permanent structure designed or built for the support, shelter or protection of persons, animals, chattel or property of any kind. This term includes mobile homes, but does not include awnings, canopies or similar structures. In this chapter, references to buildings include structures.
CONTRIBUTION OF LAND, MONEY, OR SERVICES.
Contributions, payments, construction or dedications to Louisville Metro that are part of a class of capital facilities normally necessary to accomplish roadway improvements, excluding site-related improvements, which may be used to offset the required system development charge.
DESIGNATED ROAD.
A road classified as a Designated Road in the Appendix hereto, and any road within one of the Transportation Benefit Districts that is subsequently classified as a designated road by the System Development Charge Oversight Committee, and which roads will be improved as a result of the funds received by Louisville Metro Government under this chapter.
DEVELOPMENT.
The performance of any man-made change to improved or unimproved real estate, including, but not limited to, building or mining, dredging, filling, grading, paving, excavating, or drilling operations; the permanent storage of materials and equipment; the making of any material change in the use or appearance of any structure or land; the division of land into two or more parcels; any construction of improvements or clearing or the alteration of any land from a natural state to facilitate a residential, commercial, business, industrial or public use.
DWELLING UNIT.
Either a single room or two or more connected rooms sold or leased as a unit, and intended for occupancy for no less than 30 consecutive days or more by one family, and which, at a minimum, contains cooking, toilet and bathing facilities that are accessed independently from any similar such facilities in the same building. This term does not include hotel or motel rooms, extended-stay lodging facilities, nursing-home rooms, or assisted living units.
MOBILE HOME.
A structure, transportable in one or more sections, which is eight body feet or more in width and is 32 body feet or more in length, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein.
NEW RESIDENTIAL DEVELOPMENT.
Development that triggers the application of this chapter.
NON-DESIGNATED ROADS. Any road that is not a designated road, and that does not meet Louisville Metro Government standards that require public roads to be a minimum of 18 feet in width.
NON-SITE RELATED IMPROVEMENTS. Improvements to designated and non-designated roads that are not site-related, and are not constructed specifically for the proposed development.
PAYOR.
The party responsible for paying the system development charge.
PERMIT.
Any building or construction permit required by local ordinance or the Kentucky Building Code.
PUBLIC ROAD.
Any right-of-way created for vehicular traffic, over which the right of access is not restricted, and which is maintained with public funds.
REPAIR.
The reconstruction or renewal of any part of an existing building, for the purpose of its maintenance.
ROADWAY IMPROVEMENT. A physical asset, or the cost thereof, which is necessary to provide safe and adequate vehicular travel along a public road. This includes, but is not limited to, the cost of transportation planning, preliminary engineering, engineering design studies, land surveys, right-of-way acquisition, engineering, permitting and construction of all the necessary features for any road construction project, and also includes construction of through lanes or turn lanes, bridges, or drainage facilities associated with roadway construction, the purchase and installation of traffic signalization, signage or markings, the construction of curbs, medians or shoulders, and the relocation of utilities to accommodate roadway construction.
SITE-RELATED IMPROVEMENT. Any public road improvements planned, designed or built to provide necessary access and service to the proposed development, such as frontage dedication and widening across frontage; all traffic control devices; acceleration/deceleration lanes and left-turn and right-turn lanes, and off-site improvements necessitated by the development.
EXAMPLE: A development constructed 1/4 mile down a “designated road” from a minor arterial road is required to install a traffic light and a left turn lane along the minor arterial road. It has been determined that the turn lane is necessitated by the trip generation rates associated with the new development, but that the traffic light is necessitated by the high level of traffic already present along the minor arterial. The turn lane would be considered a SITE-RELATED IMPROVEMENT, but the traffic light would be considered a “non-site-related improvement”.
SYSTEM DEVELOPMENT CHARGE.
A monetary charge imposed by Louisville Metro upon development activity as a condition of issuance of a residential building permit, in order to pay for public roadway facilities needed to serve new growth and development, and to mitigate the impacts of the development activity on the transportation facilities of Louisville Metro, but not including any permit or application fee.
SYSTEM DEVELOPMENT CHARGE ADMINISTRATOR.
The party or parties designated by Louisville Metro to be responsible for administering this chapter.
TRANSPORTATION BENEFIT DISTRICT. Geographic areas of Louisville Metro established to prioritize transportation needs and manage capital roadway improvement projects. System development charges will be used to improve “designated” public roads within the Transportation Benefit District in which the charges are assessed.
(Lou. Metro Ord. No. 66-2006, approved 4-17-2006; Lou. Metro Am. Ord. No. 247-2007, approved 11-12-2007)