Chapter 1 General Provisions Part 2 Definitions A

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ADT (Average Daily Traffic) -The average number of vehicles per day that pass over a given point.

Abandoned Vehicle - Any automobile or other machine used for transport or Part or parts thereof which is left upon public property andwhich is towed at public expense and thereafter unclaimed for a period of thirty (30) days, or which is left upon private property under circumstances which indicate an intent of the owner to discard it.

Abandonment - The cessation of the use of real property under circumstances which do not manifest an intent to continue said use or to resume said use within a reasonable time. The cessation of a use of real property for less than one year shall be rebuttably presumed to not constitute abandonment and the cessation of a use of real property for a year or more shall be rebuttably presumed to be unreasonable and an abandonment of use.

Abutting (Real Property) - Touching at a point or along a border; contiguous. However, these terms shall not be deemed to include parcels which are across the street or alley from each other.

Access -A way or means of approach to provide vehicular or pedestrian physical entrance to a property.

Access Class -A set of minimum connection, median, and signal spacing standards associated with the function of a particular road, which has the purpose of regulating and determining safe and adequate access to and from the roadway system.

Access Management Standards - Local public safety or public works regulations that control vehicular movement between streets and abutting private land uses, including curb cut size, location and spacing standards, raised medians and raised traffic islands; regulations prohibiting left and/ or right turns into or out of driveways and/ or streets; curb parking restrictions; grade separations; and circumstances requiring the construction of frontage roads.

Accessory Apartment -A secondary residence located on the same parcel as a single family dwelling. The accessory apartment may be located in the same structure as the principal residence, or in a separate building. There shall be no more than two adults residing in the accessory apartment. The accessory apartment shall not constitute a dwelling unit for purposes of calculating permissible density, but shall be considered in calculating the permissible floor area.

Accessory Service Use -A use which is subordinate in purpose, area and extent to the principal use served; contributes primarily to the comfort and convenience of the owners, occupants, employees, customers, or visitors of the principal use; is located within the building housing the principal use served; and is otherwise allowed by the provisions of Chapters 1 through 11.

Accessory Structure/ Use Area - In the context of the Traditional Neighborhood Form, the Accessory Structure/ Use Area lies between the Private Yard Area and the alley or rear property boundary. Most commonly used for off-street parking, accessory structures such as carriage houses and garages and as access for the property from the alley or secondary street.

Accessory Use or 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. Under no circumstances will uses appropriate only in the M-3 zone be allowed in the M-1 and M-2 zones as accessory uses.

Acre -A measure of land area containing 43,560 square feet.

Adjacent (also "Adjoining" and "Adjoin") - Abutting properties (those touching at a point or along a border) as well as those separated bystreets or alleys.

Adult Entertainment Activity - Any one or more of the activities defined as Adult Entertainment Activity or Activities or Adult Entertainment Establishment in Chapter 111 of the Louisville Metro Code of Ordinances, as it may be amended from time to time.

Agricultural Dwellings -Dwellings only in connection with bona fide agricultural operations, or as living quarters for bona fide caretakers and/ or for watchmen and their families.

Agricultural Land -A tract of land on which an agricultural use is conducted.

KRS 100.203 allows for the regulation of uses listed under paragraph c, agricultural use as a conditional use. See Section 4.2.25 of the LDC for the conditional use requirement for riding academies and stables.

Agricultural Use (KRS 100.111):

1. A tract of at least five (5) continuous 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 agricultural use on the tract, but not including residential building development for sale or lease to the public;
2. 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;
3. A tract of at least five (5) contiguous acres used for the following activities involving horse:
   1. Riding lessons;
   2. Rides;
   3. Training;
   4. Projects for educational purposes;
   5. Boarding and related care; or
   6. Shows, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving more than seventy (70) participants shall be subject to local applicable zoning regulations; or
4. A tract of land used for the following activities involving horses:
   1. Riding lessons;
   2. Rides;
   3. Training;
   4. Projects for educational purposes;
   5. Boarding and related care; or
   6. Shows, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving seventy (70) or less participants. Shows, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS 230, involving more than seventy (70) participants shall be subject to local applicable zoning regulations. This paragraph shall only apply to acreage that was being used for these activities before July 13, 2004.

Aircraft -This term includes balloons, airplanes, helicopters, gliders and every other vehicle used for navigation through the air.

Alley -A way, other than a street, that is open to common use; and affords a secondary means of vehicular access to adjoining or adjacent property

Alternative Cellular Antenna Tower - means man-made trees, clock towers, bell towers, steeples, light poles and similar alternative-design mounting structures that accommodate, camouflage, or conceal the presence of cellular antennas or cellular antenna towers and that are constructed primarily for the purpose of accommodating cellular antennas or cellular antenna towers or are reconstructed for the purpose of accommodating cellular antennas or cellular antenna towers. This does not include existing structures erected for another primary purpose, but which subsequently have cellular antennas attached to or located within them, without any reconstruction of the original structure.

Ambient Air Quality Standards - Standards pertaining to the maximum permitted concentration of identified chemicals or other substances in the air. "Ambient" air quality standards refer to the presence of such chemicals or substances in the air surrounding or in the vicinity of a presumed source of emission of such chemicals or substances.

Ambient Noise Level - The background noise level determined to be associated with a given environment arising from noise from all sources excluding the particular noise source which is to be assessed in the context of a proposed or existing land use or development.

Animating Feature – A feature either on the façade, incorporated into the façade or adjacent to the façade that provide visual interest. Examples of animating features are; windows, columns, pilasters, piers, variation of material and/or color, entrances, storefront windows, and other features as approved by the Planning Director or designee.

Antenna - The transmitting, receiving, or other equipment used to support cellular telecommunications service or personal communications service. (See also "Cellular antenna tower")

Apartment (or Apartment House) -see “Dwelling, Multifamily.”

Apartment Hotel - A building designed for or containing both apartments and hotel accommodations.

Arcade - An arcade shall mean a continuous roofed area not used for vehicular circulation or parking, with a range of openings or arches carried on piers or columns and open on one or more sides, unobstructed to a height of not less than ten feet and accessible to persons using the site. Such area shall be no smaller than 500 square feet, including portions occupied by building columns, and shall have a minimum horizontal dimension of ten feet.

Assisted Living Residence – A residential development providing assistance to residents not including health services associated with “Health Facilities” as defined in KRS 216B.015.

Attached Dwelling -see “Chapter 1 Part 2.”

Automobile - see "Vehicle, Passenger."

Automobile Repair Garage - A commercial establishment conducting repair and maintenance of automobiles including tune-ups, oil changes, tire replacement and puncture repair, brake repair, brake drum turning, muffler repair and similar operations, body work, auto painting, major overhauling, tire re-treading, or the heavy grinding or milling of auto parts Retail sale of fuel, motor oil or accessories is also permitted.

Automobile Service Station - A commercial establishment supplying motor fuel or lubricating oil; or conducting minor repair and routine maintenance of automobiles including tune-ups, oil changes, tire replacement and puncture repair, brake repair, brake drum turning provided that no more than two brake lathes are present on site, muffler repair and similar operations, but not including body work, auto painting, major overhauling, tire re-treading, or the heavy grinding or milling of auto parts (e. g. head grinding, block re-boring, or similar activities which typically take place within a machine shop.) For the purpose of this definition a "Major Overhaul" is considered one in which the engine, transmission, or other major component of the vehicle's mechanical system is removed entirely from the automobile.

Average Daily Traffic (ADT) -The average number of vehicles per day that pass over a given point.

Awning -see Chapter 8.