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VARIANCES AND ENFORCEMENT
§ 153.100 CONDITIONS FOR MODIFICATION.
   The Planning Commission may vary or modify regulations only under the following conditions.
(Ord. passed 2- -1985, § 6.100)
   (A)   Hardship. If it is found by the Planning Commission that strict enforcement of these regulations would create an undue hardship because of the extraordinary or unique physical conditions that exist on the property to be subdivided, and which are not found usually within the area of jurisdiction of this chapter, any variance shall be to the extent necessary to provide relief for the undue hardship. Financial disadvantage alone to the property owner is not proof of hardship within the purpose of these regulations.
(Ord. passed 2- -1985, § 6.101)
   (B)   Absence of detriment. No granting of a variance shall be materially detrimental to the public welfare or injurious to the surrounding improvements or subdivisions.
(Ord. passed 2- -1985, § 6.102)
   (C)   Conformance to regulations. The granting of the variance shall not be contrary to the objectives of these subdivision regulations or the comprehensive plan.
(Ord. passed 2- -1985, § 6.103)
   (D)   Conditioned variance. In granting a variance or modification, the Planning Commission may require such conditions as will, in its judgment, substantially secure the objectives of the standards or requirements so varied or modified.
(Ord. passed 2- -1985, § 6.104)
   (E)   Design innovations. Design innovations which, in the opinion of the Planning Commission, achieve the basic objectives of these regulations may be granted a variance or modification of these regulations. The Planning 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 plan.
(Ord. passed 2- -1985, § 6.105)
   (F)   Variances in conflict with the zoning regulations. When a variance from the subdivision regulations is granted, and this variance would constitute a variance from an adopted zoning ordinance, the variance shall only be granted by the Planning Commission with the condition that the variance is granted by the Board of Zoning Adjustment. An application for a variance shall first be considered by the Planning Commission, and then by the Board of Zoning Adjustment. The Board of Zoning Adjustment shall have jurisdiction only where the zoning ordinance is in effect, and shall follow the procedure set forth in that zoning ordinance. In no case shall such a variance create a density more than minimally different from the requirements as established by the zoning ordinance.
(Ord. passed 2- -1985, § 6.106)
   (G)   Variance procedure. The applicant, at the time of submission of the preliminary plat application, shall submit as part of the application any variances desired from the subdivision regulations. The variances shall be listed by the applicable section and reasons for the granting of each variance shall be given in writing as part of the application. The Planning Commission will review the variances and state the reasons for approval or denial of the variances in the minutes of the meeting.
(Ord. passed 2- -1985, § 6.700)
§ 153.101 ENFORCEMENT.
   (A)   Voidance and inability to record properties in nonapproved subdivision. No person owning land composing a subdivision, or his or her agent, shall transfer, lease or sell or agree to sell any lot or parcel of land located within a subdivision by reference to, or by exhibition or by any other use of a plat of the subdivision, before the plat has received, in writing, final approval of the Planning Commission, and recorded by the County Clerk. Any such instrument of transfer, lease, sale or contract shall be void and shall not be subject to be recorded, but all rights of the purchaser to damages are hereby preserved. The description of sublot or parcel by metes and bounds in any contract or instrument of transfer or other document used in the process of selling or transferring same shall not exempt the person attempting to transfer from penalties provided or deprive the purchaser of any rights or remedies he or she may otherwise have.
(Ord. passed 2- -1985, § 6.201)
   (B)   Utilities improvements conditioned to a legal public status of the street. No board, public officer or authority shall accept, lay out, improve or authorize utilities to be laid in any street within the territory for which the Planning Commission has adopted these subdivision regulations unless the street has received a legal status of public street prior to the adoption of the subdivision regulations, or unless a street corresponds with a street shown on the major thoroughfare plan or equivalent, or unless a street on a subdivision plan or a street plan has been approved by the Planning Commission.
(Ord. passed 2- -1985, § 6.202)
§ 153.999 PENALTY.
   (A)   Any person who violates any provision of this chapter for which no penalty is provided shall be subject to the terms of § 10.99.
   (B)   Any subdivider, County Court Clerk, public official or other person who violates and does not comply with these subdivision regulations, the conditions set forth by the Planning Commission, Board of Zoning Adjustment, or any court, or does not comply with the plans presented and approved, may have the Planning Commission take the following actions against him or her:
(Ord. passed 2- -1985, § 6.300)
      (1)   Injunctions. The Planning Commission may apply for an injunction against any type of subdivision construction by a subdivider or landowner where these subdivision regulations have been violated.
(Ord. passed 2- -1985, § 6.301)
      (2)   Withholding building permits and certificates of occupancy. The Planning Commission may direct the Administrative Officer not to issue building permits in the subdivision in question.
(Ord. passed 2- -1985, § 6.302)
      (3)   Fines. The Planning Commission may take action to fine any person or entity who is in violation of these provisions or any of the regulations adopted pursuant hereunder for which no other penalty is provided in accordance with KRS 100.991.
(Ord. passed 2- -1985, § 6.303)
APPENDIX A: FEE SCHEDULE
   This schedule shall be used to compute the fee that shall accompany any application for preliminary plats, final plats and amended final subdivision plats.
Zone
Fee
Zone
Fee
A-1
$40 plus greater of $4 per lot or $10 per acre
R-1 and R-2
$50 plus greater of $8 per lot or $30 per acre
R-3
$80 plus greater of $12 per lot or $50 per acre
B-1 and B-2
$100 plus greater of $12 per lot or $25 per acre
I-1 and I-2
$120 plus greater of $12 per lot or $30 per acre
Consolidation plat
$50 (any zone)
Minor plats
$50 (any zone)
 
(Ord. passed 2- -1985, Appendix I)
APPENDIX B: DIAGRAMS
FIGURE 1: TYPICAL REALIGNMENT AND WIDENING OF EXISTING STREETS
 
(Ord. passed 2- -1985, Appendix A)
FIGURE 2: TYPICAL ROADWAY SECTION FOR RURAL LOCAL/MINOR STREETS
 
(Ord. passed 2- -1985, Appendix B)
FIGURE 3: TYPICAL ROADWAY SECTION FOR RURAL COMMERCIAL, INDUSTRIAL AND BUSINESS ZONES
 
(Ord. passed 2- -1985, Appendix C)
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