For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESS. A point at which provisions are made for vehicular entrance to or exit from or to a lot or other street.
ACCESSORY BUILDING. A subordinate building, the use of which is clearly incidental to that of a building on the same lot.
ACCESSORY STRUCTURE. A detached, subordinate structure, the use of which is clearly incidental and related to that of the principal structure or use of the land, and which is located on the same lot as that of the principal structure.
ALLEY. A service roadway providing secondary access to the abutting property and not intended for general traffic circulation.
APPLICANT. The owner of land proposed to be subdivided or the owners representative or agent who shall have express written authority to act on behalf of the owner in all respects under these subdivision regulations.
BINDING ELEMENTS. Those conditions agreed to by the Planning Commission and the owner which are imposed upon a development plan and which control the development and use of the property in question. The conditions may be in writing or by graphic representation.
BUILDING. Any structure built for the support, shelter, or enclosure of persons, animals, chattels, process, equipment, goods, or materials of any kind.
BUILDING LINE. A setback line parallel to a property line beyond which one may not build any improvements. See also SETBACK LINE.
BUILDING PERMIT. A permit issued by the appropriate governmental agency allowing an owner or his or her agent to construct, alter or remove a building to construct out buildings or accessory structures, or engage in similar activity which would alter the character of the lot in question.
BUILDING, PRINCIPAL. A building in which is conducted the principal use of the lot on which it is located. In a residential district, any dwelling shall be deemed to be the building on its lot.
COMPREHENSIVE PLAN. The long range plan adopted by the Planning Commission and the City of Scottsville and County of Allen in accordance with KRS Chapter 100, which is intended to guide the growth and development of the city and county. It contains the general location and extent of present and proposed physical facilities including housing, commercial and industrial uses, transportation facilities, recreation and parks, community facilities, and land use.
CONDITIONAL USE. A use which is essential to or would promote the public health, safety, or welfare in one or more zones, but which 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.
CONDOMINIUM. A building, or group of buildings, in which each individual unit are held in separate private ownership and all floor space, facilities and outdoor areas used in common by all tenants are owned, administered and maintained by a corporation created pursuant to the provisions of KRS 381.805 to 381.910.
COUNTY COURT CLERK. The Allen County Court Clerk.
CUL-DE-SAC. A local street with only one outlet that terminates in a vehicular turnaround and having an appropriate terminal for the safe and convenient reversal of traffic movement.
DENSITY. The permitted number of dwelling units per gross acre of land to be developed.
DRAINAGE. The removal of surface water or groundwater from land by drains, grading, or other means.
DRIVEWAY. A paved or unpaved area used for ingress or egress of vehicles, and allowing access from a street to a building or other structure or facility.
DWELLING. A building or structure designed or used for permanent human habitation. The word DWELLING" shall not include mobile home or trailer; or boarding or rooming house, motel, hotel, hospital or other accommodations used for transient occupancy.
DWELLING, MULTI-FAMILY. A dwelling unit within a building containing two or more dwelling units.
DWELLING, SINGLE-FAMILY. A detached building designed for, or occupied exclusively by, one family.
DWELLING UNIT. One or more rooms connected together, constituting a separate, independent housekeeping establishment with separate toilets and containing independent cooking and sleeping facilities for owner occupancy, rental or lease on a weekly, monthly or longer basis.
EASEMENT. A grant of one or more of the property rights by the property owner to and for the use by the public, a corporation or another person or entity for a specific purpose.
FAMILY. One or more persons occupying a dwelling unit and living as a single, non-profit housekeeping unit, but not including a group of persons living together because of similar status including hotel; club; boarding, rooming, lodging, fraternity or sorority houses; commune; institution for human care; or other similar building. Notwithstanding this definition, a FAMILY shall be deemed to include handicapped persons as defined in KRS 100.982(1).
FRONTAGE. That property line of a lot abutting on a street; the front lot line. For the purposes of determining yard requirements on corner lots, all sides of a lot adjacent to streets shall be considered FRONTAGE, and yards shall be provided as indicated under yards in this chapter. A property line which abuts a fully controlled street and which permanently has no to that street shall be deemed not to have FRONTAGE.
GROSS FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building, including interior balconies and mezzanines, but excluding exterior balconies. All horizontal dimensions of each floor are to be measured by the exterior faces of walls, including the walls of roofed porches having more than one wall. The FLOOR AREA of a building shall include the floor area of accessory buildings on the same lot.
HEALTH DEPARTMENT. The public Health Department having jurisdiction for Scottsville and Allen County, Kentucky.
HEIGHT OF BUILDING OR STRUCTURE. The vertical distance from the average ground level abutting a building or structure to the top of the top full story of a building or highest point of any permanent part of a structure other than a building. Height, where not regulated in feet, shall be regulated by stories, and a story shall be equal to 12 feet for purposes of measuring structures other than buildings.
HOME OCCUPATION. Occupations of dress-making, handicrafts, millinery, laundering, preserving and home cooking, beauty shops, art and music studio, and tutoring of individuals, maintained or conducted within a dwelling. The retail sale on the premises, the processing of materials except accepted handicrafts, or storage of any materials or product for sale shall not qualify as a HOME OCCUPATION.
LAGOON. A shallow artificial pool or pond as for the processing of sewage or storage of a water for agricultural purposes.
LOT. A parcel, tract, plot or area of land established by a subdivision or other parcel of land as permitted by law, for the purpose, whether immediate or future, of transfer of ownership, or possession, lease, or building development.
LOT DEPTH. The mean horizontal distance from the front street line to the rear line, excluding any required fence/buffer easements or parcels.
LOT LINE. A line of record, bounding a lot, that divides one lot from another lot or from a street or any other public space.
LOT LINE, FRONT. The lot line separating a lot from the street rights-of-way.
LOT LINE, REAR. The lot line opposite and most distant from the front lot line. In the case of triangular or otherwise irregularly shaped lots, a line ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.
LOT LINE, SIDE. Any lot line other than a front or rear lot line.
LOT OF RECORD. A lot that:
(1) Exists as shown or described in a plat of record,
(2) Is described in a deed fully executed, including the acknowledgement of all signatures, prior to the effective date of the Scottsville-Allen County Subdivision Regulations, or
(3) Is described in a deed placed of record prior to the effective date of the Scottsville- Allen County Subdivision Regulations, or
(4) Has been previously divided by public roadway that has not been re-described by a plat or by deed recorded in the office of the Allen County Clerk after the effective date of these subdivision regulations.
LOT WIDTH. The horizontal distance between the side lines of a lot measured at right angle to its depth along a straight line parallel to the front lot line at the minimum required building setback line.
MANUFACTURED HOME. Manufactured homes Class A and manufactured homes Class B as defined in this chapter.
MANUFACTURED HOMES CLASS A. A single-family residential dwelling unit constructed in accordance with the Federal Manufactured Housing Construction and Safety Standards, after June 15,1976, in an off site manufacturing facility. The manufactured home is intended for installation or assembly at the building site as a permanent structure with transport features removed, bearing a seal certifying that it is built in compliance with Federal Manufacturing Housing Construction and Safety Act standards and that satisfies each of the following additional criteria:
(1) The home has a length not exceeding four times its width;
(2) The pitch of the home’s roof has a minimum vertical rise of four inches for each foot of run (4:12). The run is equal to one-half the span;
(3) The roof is finished with a type of shingle that is commonly used on site-built residential construction, such as wood, tile, or composition shingles;
(4) Exterior covering material extending to the ground or to the top of the foundation shall be used;
(5) The exterior material shall be material customarily used for site-built dwellings, such as board siding, hardboard, or non-reflective aluminum, vinyl, stucco, brick, comparable in composition, appearance, and durability to the exterior siding commonly used in site-built residential construction;
(6) A continuous, permanent masonry foundation system, not pierced except for required ventilation and, is installed under the home;
(7) The tongue, axles, transporting lights, and removable towing apparatus are removed after placement on the lot and before occupancy;
(8) The structure is no more than three feet off the ground at its highest point;
(9) Structural additions or alterations which have been made to the dwelling unit were made in accordance with all local ordinances and regulations.
MANUFACTURED HOME CLASS B. A single-family residential dwelling unit constructed in accordance with the Federal Manufactured Housing Construction and Safety Standards (Title 42 of the United States Code) after June 15,1976, in an off site manufacturing facility. The manufactured home is intended for installation or assembly at the building site as a permanent structure with transport features removed, bearing a seal certifying that it was built in compliance with Federal Manufactured Housing Construction and Safety Standards (Title 42 of the United States Code) but does not satisfy each of the criteria necessary to qualify the home as a Class A manufactured home. Structural additions or alterations which have been made to the dwelling unit were made in accordance with residential building code adopted by the City of Scottsville.
MANUFACTURED HOME PARK. Any parcel of land developed, used or designed for the location, either temporary or permanent, of manufactured homes, on rental basis, and according to the procedures set for in this chapter.
MANUFACTURED HOME SPACE. A plot of ground within a manufactured home park designed for the accommodation of one manufactured home.
MANUFACTURED HOME SUBDIVISION. A subdivision designed or intended for the sale of lots and for sitting Class A or B manufactured homes or modular homes and developed according to the procedures set forth in this chapter.
MATERIAL RECYCLERS. Any establishment or place of business, including garbage dumps and sanitary fills, maintained, operated, or used for storing, keeping, buying, or selling of old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or motor vehicle parts, iron, steel, and other old or scrap ferrous or nonferrous material.
MOBILE HOME. A structure for residential use constructed prior to July 15,1976, being the effective date of the Federal Manufactured Housing Construction and Safety Act Standards (Title 42 of the United States Code), and transportable which is built on its own chassis and designed with, or without, a permanent foundation for year-round living when connected to the required utilities. It can consist of one or more sections that can be telescoped when towed and expanded later for additional capacity or of two or more sections separately towable designed to be joined into one integral unit. As used herein, MOBILE HOME shall include a house trailer, but shall not include camping trailer, travel trailer, recreational vehicle, pickup coach or auto camper.
NON-CONFORMING USE. An established use of a structure or land lawful prior to and at the time of the adoption, revision or amendment of this chapter, but which fails by reason of such adoption, revision or amendment, to conform to the present uses permitted in the zoning district.
OFF-STREET PARKING. A temporary storage area for a motor vehicle that is directly accessible to an aisle and that is not located on a dedicated street right-of-way.
OPEN SPACE. Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for the public or private use or enjoyment of owners and occupants of land adjoining or neighboring such open space.
OWNER. Any person, corporation, partnership or other entity, or any combination thereof, in whom is vested the legal title to real estate or other property.
PERSON. The word PERSON includes individual, firm, association, organization, partnership, trust, limited liability company or partnership, company or corporation or other legal entity or combination thereof.
PLAT. A map representing a tract of land showing the boundaries and location of individual properties, easements, streets, and other required information.
PREMISES. A general term meaning part or all of any lot or part or all of any building or structure or group of buildings or structures located thereon.
PRINCIPAL STRUCTURE. A structure in which is conducted the principal activity or use of the lot on which it is situated. In any district which permits residential uses, the dwelling unit shall be deemed to be the building on the lot.
RESTRICTED MOTOR VEHICLE DEALERS. A motor vehicle dealer (as defined in KRS 190.010) who exclusively sells, offers to sell, solicits, or advertises specialized motor vehicles, including, but not limited to, funeral coaches, emergency vehicles, and an automotive recycling dealer engaged in the business of dismantling, salvaging, or recycling salvage motor vehicles for the purpose of harvesting used parts, components, assemblies, and recyclable materials for resale, reuse, or reclamation.
RIGHTS-OF-WAY. A strip of land acquired by reservation, dedication, prescription, or condemnation that is occupied or intended to be occupied by a street, road, highway, crosswalk, railroad or for other similar use.
SCREENING. A method of visually or audibly shielding or obscuring an adjacent or nearby structure or use from another by fencing, walls, berms or densely planted vegetation.
SETBACK. The distance between the building and any lot line.
SETBACK, FRONT. A setback that is to extend across the full width of a lot, the required depth of which is measured as the minimum horizontal distance between the front lot line and a line parallel thereto on the lot.
SETBACK, INTERIOR SIDE. A setback that is to extend from the front lot line to the rear lot line along the side of a lot that is adjacent to another lot, the required depth of which is measured as the minimum horizontal distance between the side lot line and a line parallel thereto on the lot.
SETBACK LINE. That line that is the required minimum distance from any lot line and that established the area within which the principal structure must be erected or placed.
SETBACK, REAR. A setback that is to extend across the full width of a lot, the required depth of which is measured as the minimum horizontal distance between the rear lot line and a line parallel thereto on the lot.
SETBACK, STREET SIDE. A setback that is to extend from the front lot line to the rear lot line along the street side of a corner lot, the required depth of which is measured as the minimum horizontal distance between the street side lot line and a line parallel thereto on the lot.
SIGHT DISTANCE. A straight line of unobstructed view measured between a point four feet above the finished surface of a street, at the center line of each traffic lane, and a point at a given minimum specified distance away from the first point, located one foot above the finished surface at the centerline of the same traffic lane.
SIGN. Any device, display or structure, other than a building or landscaping, which is readily visible from public property and is used primarily for visual communication for the purpose of, or having the effect of, bringing the subject matter on the device, display or structure, to the attention of persons off the premises on which the sign is displayed. The foregoing definition includes (but is not limited to) numerals, pictorial representations, emblems, trademarks, flags, banners, streamers, pennants, inscriptions and patterns and shall include a structure erected or used in connection with the display of any such device and all lighting or other attachments used in connection therewith.
STREET. Any vehicular way that:
(1) Is an existing state, county, or municipal street;
(2) Is shown upon a plat approved pursuant to law;
(3) Is approved by other official action; or
(4) Is shown on a plat duly filed and recorded in the office of the County Court Clerk’s Office from and after the effective date of these subdivision regulations.
STREET, PRIVATE. A means of within a subdivision which gives to a public street and is owned and maintained by the property owners within the subdivision.
STREET, PUBLIC. A street that has been accepted for maintenance by the city, county, or Commonwealth of Kentucky.
STRUCTURE. Anything constructed, erected, or attached, the use of which requires location on the ground or in the ground as may be required for the purposes of carrying out this chapter. The term shall not include poles and appurtenances thereto used for the provision of public utilities. STRUCTURES includes any building or accessory building, manufactured homes, signs, towers, billboards, porches, swimming or other recreation or commercial pools, and retaining walls, gas or liquid storage tank, fences and other man-made facilities or infrastructures.
SUBDIVISION. The division of a parcel of land into three or more lots, for the purpose, whether immediate or future, of sale, lease, or building development, including all changes in street or lot lines, or if a new street is involved, any division of a parcel of land. The division of land for agricultural purposes, in parcels of more than ten acres not involving a new street, shall not require a plat, unless it has been subdivided prior to the effective date of these subdivision regulations and now contains less than ten acres. The term includes re-subdivision and when appropriate to the context, shall relate to the process of subdivision or to the land subdivided.
SURVEY. The process of precisely ascertaining the area, dimensions, and location of a piece of land.
TOPOGRAPHY. The existing soil, rock or other landform, which would constitute the slope of the land.
TRACT. A lot. The term TRACT is used interchangeably with the term LOT.
USE. The purpose or activity for which a land or building or structure or combination thereof is designed, arranged, or intended, or for which it is occupied or maintained.
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 Chapter 100.
VEHICLE RECYCLERS. Any place where five or more junked, wrecked or nonoperative automobiles, vehicles, machines and other similar scrap or salvage materials, excluding inoperative farm equipment, are deposited, parked, placed or otherwise located; or any business or person engaged as an automobile dealer, body shop operator, wrecker service operator, service station operator, or other activity which may buy, sell or repair nonoperative vehicles, automobiles or machinery as a service, where ten or more junked, wrecked, or nonoperative automobiles, vehicles, machines and other similar scrap or salvage materials are deposited, parked, placed or otherwise located.
YARD. An open space that lies between the building and the nearest lot line.
YARD, FRONT. A space extending the full width of the lot between any building and the front lot line and measured perpendicular to the building at the closest point to the front lot line.
YARD, REAR. A space extending across the full width of the lot between the building and the rear lot line and measured perpendicular to the building at the closest point to the rear lot line.
YARD, SIDE. A space extending the front yard to the rear yard between the principal building and the side lot line and measured perpendicular to the side lot to the closest point to the front lot line.
(Ord. 665-98, passed 12-21-1998; Ord. 674-00, passed 2-14-2000; Ord. 680-00, passed 10-16-2000)