(A) In accordance with the definition found in KRS 100.111, a SUBDIVISION OF LAND within the county and the City of Winchester means: the division of a parcel of land into two or more lots or parcels; for the purpose, whether immediate or future, of sale, lease, or building development, or if a new street is involved, any division of a parcel of land; provided that a division of land for agricultural use and not involving a new street shall not be deemed a subdivision. The term includes resubdivision and when appropriate to the context, shall relate to the process of subdivision or to the land subdivided; any division or redivision of land into parcels of less than one acre occurring within 12 months following a division of the same land shall be deemed a subdivision within the meaning of this section.
(B) The statutes further provide that no land shall be subdivided, transferred, sold, or agreed to be sold until after a plat of such land is prepared and approved in conformance with requirements established by the Planning Commission. Metes and bounds descriptions of the land shall not be used on contracts for the above purposes in order to replace the required plats. All plats must be reviewed, approved, and recorded before it can be used as a basis for subdivided land to be transferred or sold. All division of land shall comply with the area and dimension requirements as described in the zoning district for which the property is located, as found in the Winchester/Clark County zoning ordinance. Thus, these regulations are intended as the requirements established by the Planning Commission for the preparation and approval of subdivisions of land.
(C) In order to proceed towards establishing such requirements, subdivisions shall be further classified as follows.
(1) Major subdivisions. Any subdivision of land for multi-family residential, commercial, industrial, or professional uses; or into four or more single-family residential lots; or any subdivision of land, including agricultural uses, that requires the construction, improvement, extension, or widening of streets; or that requires new off-site utility easements.
(2) Minor subdivisions. Those subdivisions of land which are generally of minor planning significance to the community’s future development and include only the subdivisions as described below. The division of a tract of land into three or fewer single-family residential lots. Such minor subdivisions shall conform specifically to the requirements established in §§ 153.090 to 153.093 in addition to any other applicable regulations.
(a) Consolidation minor subdivisions shall be solely for the purpose of transferring a portion of the subdivided land to an adjoining property with which it is to be consolidated. Such adjoining property shall have a common boundary with the portion of the subdivision intended for transfer and no new, buildable lots are created.
(b) Rural minor subdivisions shall be those single-family subdivisions characterized by the following conditions:
1. Division of land taking place in the Agricultural Zoning District (A-1) which results in property(s) containing less than five acres. The resulting divisions shall contain at least one acre (43,560 square feet) of land;
2. The resulting divisions shall be used for residential and/or agricultural purposes only and shall contain three or fewer single-family residential lots;
3. All resulting divisions shall front on a paved street or road dedicated to and maintained by the public. No new streets or roads shall be permitted. When parcels of less than five acres are created, a common entrance onto a public street or road shall be required and so indicated on the plat. Divisions approved as “family farm home sites” are exempt from the frontage requirement subject to an access easement placed on the plat and an accompanying note that states a private entrance is granted in accordance with § 155.132;
4. The subdivision shall be in conformance with the Comprehensive Plan, implementation devices, and other applicable regulations, including any necessary dedication for street rights-of-way. Where existing streets or roads do not meet current standard requirements for the proposed development, the developer may be required to bring the street or road into compliance with all current requirements. Any subdivision of land, including agricultural uses, that require the construction, improvement, extension, or widening of streets will be reviewed by the Planning Commission as a major subdivision plat; and
5. All plats for property not served by a sanitary sewer system must have the following note: no residential construction is permitted until sanitary sewer approval is given by the County Health Department.
(3) Division of land for agricultural use. Property located in the Agricultural Zoning District (A-1) that is divided into lots or parcels of five or more acres and not involving a new street shall not be deemed a subdivision. The property(s) involved shall be divided and shown on a record plat drawn and signed by a licensed engineer or surveyor, signed by the property owner(s), reviewed by Planning Staff, and signed by the Planning Commission Secretary. When the Secretary is not available, the Chair or Vice-Chair of the Planning Commission may sign the record plat. The signed record plat will need to be recorded at the County Court House, one copy of the recorded plat will be given to the applicant and one copy of the recorded plat will be filed in the Planning Office.
(Ord. passed 3- -1995; Ord. passed 10- -2005; Ord. 2018-03, passed 2-14-2018; Ord. passed 1- -2020)