Chapter 1 General Provisions Part 2 Definitions D
D
Day Care Center - Any
facility whatsoever which cares for more than eight clients not related to the
operator by blood, marriage, adoption or foster care responsibility and usually
under 18 years old, away from the client's own home, for periods of less than
twenty-four hours per day per client. Occasional extended stays may also be
provided. Such facilities may be for profit or non-profit. This term includes
Adult Day Care Center,
Child Care Centers, Nursery Schools and
Kindergartens, when not accessory to an elementary school; but does not include
Group Care Facilities, Residential Social Service Facilities, any center under
the jurisdiction of the State Board of Education, any private school except
those solely below first-grade level or any center operated by a religious
institution on the same lot as the religious assembly structure.
Deceleration Lane - An added roadway lane that permits vehicles to slow down and leave the main vehicle stream.
Dedicate -To set aside property for use by the public, usually for a particular purpose such as a right-of-way of a park.
Density -The number of residential dwelling units per acre of land, determined by dividing the number of dwelling units by the area of the Development Site. If the development site includes more than one parcel the owner/developer shall ensure through deed restrictions and/or conservation easements that the overall development site density shall remain at or below the maximum density level required by the applicable zoning district.
Department Store - Retail stores generally carrying a general line of apparel, such as suits, coats, dresses, and furnishings; home furnishings, such as furniture, floor coverings, curtains, draperies, linens and major household appliances; and housewares, such as table and kitchen appliances, dishes and utensils.
Detailed Development Plan - see “Development Plan, Detailed.”
Developer - Any person or legal entity which undertakes development pursuant to Chapter 1 through 11.
Development - Except where the context otherwise requires, "development" shall mean 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; and any construction of improvements or clearing or the alteration of land from a natural state to facilitate a residential, commercial, business, industrial, or public use.
Development Plan - written and graphic material for the provision of a development, including any or all of the following: location and bulk of buildings and other structures, intensity of use, density of development, streets, ways, parking facilities, signs, drainage of surface water, access points, a plan for screening or buffering, utilities, existing man-made and natural conditions, and all other conditions agreed to by the applicant.
Development Plan, Detailed - Development plan that depicts specific location and type of proposed improvements, in adequate detail to determine compliance with specific standards of the LDC as required. According to characteristics of the site, proposed development and form district in which it is located, the plan will define property lines and required setbacks; zoning and form district classification, existing uses and improvements situated on adjacent properties; tree canopy and required screening, buffering and landscaping; limits of disturbance; location of curb cuts, parking and pedestrian circulation; building footprint, number of stories and use; façade design and building materials; and other features required by the Land Development Code or binding elements.
Development Plan, General (Phased Development Plan) - A plan which has been submitted to the Planning Commission for review as Part of a change in zoning request for a phased development. A general plan shows the type and intensity of use for a specific parcel or parcels with a lesser degree of certainty than a detailed development plan. Prior to the development of any portion of a general development plan, a detailed development plan must be approved by the Planning Commission and/or legislative body for the applicable portion of the general development plan.
Development Site -The property under consideration for a development, which may contain one or more Building Sites.
Developmentally Disabled Individual - An individual having a disability attributable to mental retardation, cerebral palsy, epilepsy, autism (or dyslexia resulting from these), or to any other conditions closely related to mental retardation in terms of intellectual and adaptive problems.
Dimensional Variance - An act of the Planning Commission or Board of Zoning Adjustment granting departure from the terms of the form district regulations pertaining to height or width of structures and size of yards and open spaces, where such departure meets the requirements of KRS 100.
Direct Light - light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or diffuser lens, of a luminaire.
Director of Housing -The Director of Housing and Urban Development in the City of Louisville, if the proposed development is in the City of Louisville; or the Director of Human Services if it is located elsewhere in Jefferson County, or any successor agencies.
Director of Works - Director of Department of Public Works of the City of Louisville or Jefferson County Public Works and Transportation Department, or of the Consolidated Local Government as the case may apply; or the director of the successor department, as designated by the Metro Mayor. This term shall also include staff persons to whom the Director delegates authority to act on the Director's behalf.
Display Window - A window that is in the transparent area of storefronts used to display goods, merchandise, announcements, and other information relevant to the function of the establishment using the space related to display window. The display window is typically the area between the bulkhead and the transom of the building's first floor facade.
Diversity Units - Four price levels of housing unit qualify as housing diversity units. Level 1 units shall mean residential dwellings that shall be sold for a total price no greater than 2.5 times the current low-moderate income limit for a given household size; Level 2 units shall mean residential dwelling units that shall be sold for a total price no greater than 2.75 times the current low-moderate income limit; level 3 units shall mean a residential dwelling that shall be sold for a total price no greater than 3.0 times the current low-moderate income limit for a given household size; Level 4 units shall mean a residential dwelling units that shall be sold for a total price no greater than 3.25 times the current low-moderate income limit for a given household size. (See definition for a given household size.) Sales price restrictions are applicable to sale to initial occupant only. Household sizes shall be translated into house sizes as follows: one and two person households: 1 bedroom; three persons: 2 bedrooms; four persons: 3 bedrooms; five or more persons: 4 bedrooms.
Dredge and Fill - A process that creates land by dredging
material from the bottom of a body of water and depositing this material on
land usually
adjacent to the water.
Dripline -The area circumscribed on the ground by a vertical line extended from the outermost extremities of a tree's branches to the ground.
Drive-In Facility - Any use which by design, physical facilities, service or procedure encourages or permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles. This term includes "drive-thru" and "drive-up" facilities.
Driveway - A private roadway providing access to a street or highway.
Driveway Approach -That portion of the driveway within the street right-of-way between the curb and the property line, including the sidewalk section.
Drop Lens - see "Sag Lens"
Duplex -see "Dwelling, Two Family"
Dwelling - A building or portion thereof designed and used exclusively for residential occupancy. This term does not include hotels or motels.
Dwelling, Attached - A dwelling which has at least its own front yard and is attached to abutting dwellings by approved masonry party or partition walls, thus creating distinct and non-communicating one and two family dwellings. This term includes such terms as townhouse, rowhouse, maisonette, etc. Within single-family zoning districts each unit shall be on its own lot.
Dwelling, Model - A residential structure used for demonstration or sales purposes within a residential development under active development, open to the public for sales purposes, and not occupied as a dwelling unit.
Dwelling, Multi-family - Any group of three or more dwelling units occupying a single lot, whether composed of one or more than one principal building. However, this term shall not include attached dwellings. This term shall include the following:
Dwelling, Semi-Detached - Two dwellings with a single party wall common to both.
Dwelling, Single Family (or One Family) - A dwelling designed for and occupied exclusively by one family. This term includes Conventional, Average-Lot, Clustered and Zero-Lot-Line one family dwellings.
Dwelling, Two Family (or Duplex) - Any group of two dwelling units occupying a single lot or building site, whether composed of one or more than one principal building. This term includes Conventional, Average-Lot, Clustered and Zero-Lot-Line two family dwellings.
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 thirty (30) consecutive days or more by one family, and which at a minimum contains cooking, toilet and bathing facilities which 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.