These land subdivision regulations are adopted only as minimum requirements, and all developers should consider developing their subdivisions at higher standards. Thus, the developer is encouraged to go beyond the standards of these regulations and the Commission may require standards above the minimum contained herein whenever it feels that public health, safety, or welfare purposes justify such increases. The Commission also may reduce or otherwise vary the requirements of these regulations whenever it encounters the situations described below. In granting such variances, the Commission may attach and require whatever conditions it feels are necessary to secure the basic objectives of the varied regulations. Any variances granted by the Commission shall be noted in its official minutes along with reasons which justified the granting of the variance.
(A) Exceptional and undue hardship. Where the Commission finds that strict compliance with these regulations would create an undue hardship because of exceptional and unique topographic or other physical conditions encountered on the particular land, the Commission may modify these regulations to the extent necessary to relieve the undue hardship; provided, however, that such resulting variances may be granted without detriment to the public good, and without impairing the desirable general development of the neighborhood and the community as proposed in the Comprehensive Plan. If such modification is determined to be a substantial departure horn these regulations, a public hearing may be required prior to Planning Commission action.
(B) Design innovation and large scale development. These regulations may be modified by the Commission in the case of plans for complete neighborhoods or other design innovations which, in the Commission’s opinion, still achieve the basic objectives of these regulations. The Commission shall require those conditions, such as covenants or other legal provisions, which it feels are necessary to assure conformity to, and achievement of, the proposed subdivision plat.
(C) Approval of dimensional variances by Planning Commission. In conjunction with the review and approval of subdivision plans/plats, the Planning Commission is authorized by KRS Chapter 100 to grant dimensional variances upon finding that:
(1) The variance is a result of customary design standards or innovative design which, in the Commission’s opinion, still achieve the basic objectives of the zoning laws and subdivision regulations; or
(2) Strict compliance with the regulations would create an undue hardship because of exceptional and unique topographic or other physical conditions encountered upon the particular land, and the resulting variance may be granted without detriment to the public good.
(Prior Code, § 74.910) (Ord. passed 3- -1995; Ord. passed 10- -2005; Ord. 2018-03, passed 2-14-2018; Ord. passed 1- -2020)