(A) Exceptional conditions. The Planning Commission may grant a variance to this chapter where by reason of the unusual shape of a specific piece of property, or where by reason of exceptional topographical conditions, the strict application of this chapter would result in extreme practical difficulties and undue hardship upon the owner of such property; provided, however, that such relief may be granted without detriment to the public good and without substantially impairing the modifications, the Planning Commission may require such conditions as will substantially secure the objectives of the standards or requirements so varied or modified. Financial disadvantage to the property owner is not proof of hardship within the purpose of this chapter.
(B) Group housing, planned unit developments, office and business complex developments. Comprehensive group housing, office and business developments, together with necessary drives and ways of access, including drives and ways of access privately maintained but dedicated for public use may be approved by the Planning Commission although the design of the project does not include standard street, lot, and subdivision arrangements, provided that departure from the standards of this chapter can be made without destroying their intent. If the drives and ways of access are to be privately maintained, the plat of the subdivision shall specifically indicate that said drives and ways are dedicated for public use and that they will be developed and maintained at the expense of the owners; and that any owner of a lot in the subdivision shall have the right to enforce the development or maintenance of said drives and ways by proceeding in law or in equity against all other owners of lots in the subdivision.
(C) Procedural variance.
(1) Waiver of subdivision plats and surveys qualifying for a procedural variance. Where a proposed subdivision would contain no new streets and no more than five lots, the procedure of preparing a preliminary plat may be waived by the Planning Commission.
(a) Plats of property containing 100 acres or less shall be drawn to a scale of no less than one inch per 100 feet. Over 100 acres plats may be drawn to a scale of more than one inch per 100 feet to keep the drawing on the maximum sheet size of 24 inches by 36 inches provided clarity is not sacrificed. Multiple sheets may be used if deemed necessary to portray vital and accurate information clearly. Smaller parcels should be drawn to a maximum scale to accommodate the sheet size being used and half sized sheets of 18 inches by 24 inches may be used in these instances. Minimum size of script used on these plats shall be one-tenth of an inch in height for both upper and lower case letters and numerals.
(b) Name and street addresses of the owners/applicants, as available from the County Property Valuation Office, of the property to be subdivided, and legal source of title to the subject property shall be shown on the plat. Owners of record of all property abutting the subject sites and the legal source of title to those properties will be indicated on the plat. The name, address and phone number of the professional land surveyor responsible for the field survey and plat preparation shall be indicated on the plat.
(c) Date field survey made, date plat prepared, north arrow and basis of same and any bearings shown by the plat will be indicated on the face of the plat. Provide a brief statement on the face of the plat as to the intent of the drawing to identify the specific lines being created and/or abolished by the plat along with easements and other dedications that are being granted by the drawing.
(d) Area of each lot or parcel of land indicated by the plat shall be shown in square feet and the acreage equivalent, accurate to two decimal places, shall also be indicated.
(e) Boundary lines, lot parcel numbers or designations of the various properties shown on the plat, bearings and/or angular relationships, line lengths and curve data, if appropriate, shall be shown along with the distance from the subject property to the nearest existing intersecting street or roadway. Also, the distance and bearing or angle from one new division line and/or corner created by the plat to a boundary line corner of the parent property from which the tracts or lots are subdivided shall be indicated or shown.
(f) All existing or proposed easements crossing the subject property or properties shall be shown along with their locations, widths and distances, and the like, along with a notation for each easement indicating if the easement is being dedicated by the plat or is existing by prior dedication. If easements presently exist, note their source of dedication such as a prior plat or recorded legal document. If record source of easement or easements are not known or unobtainable, add a note to indicate such.
(g) Show all streets or roadways on or adjacent to subject tracts or lots along with their names, widths and any other pertinent information, dimensions and the like.
(h) Vicinity or key map at a scale not smaller than one inch per 2,000 feet with the scale of the map indicated with a north arrow and any major adjacent physical development and corporate boundary lines.
(i) All existing primary buildings, accessory buildings or structures and major improvements on the subdivided tracts or lots, including those that may be on the parent property if the buildings or improvements are in close proximity to the newly established boundary lines, shall be shown on the plat. Also, indicate the distance from these buildings, structures or improvements to the nearest relevant boundary lines.
(j) Present zoning designation of the subdivided property, the parent tract, in the case of residual acreage and all adjacent property shall be indicated on the plat. The minimum building setback line or minimum yard line dimensions for the subject property and its parent tract for the various uses indicated by the most current regulations of the County Zoning Ordinance shall also be shown and/or noted on the plat.
(k) Flood areas as indicated by flood boundary maps published by the Federal Emergency Management Agency (FEMA) with the flood classifications shown by those maps shall be shown on the plat.
(l) Notation that the subject properties are served by a public water supply system and/or a public sanitary sewer system if said properties are so served. If the properties are not served by such systems, notation relative to this fact shall be shown on the plat.
(m) Sites and their acreages, if any, to be reserved or dedicated for parks, playgrounds, schools, or other public uses shall be shown and noted on the plat. Sites, if any, reserved for semi-public, commercial, or multi-family uses should also be shown and noted on the plat.
(n) In the event it becomes necessary to close and vacate any public utility easement and/or private roadway easement, a professional land surveyor shall obtain the approval of all utility agencies and/or grantees of said easements, as the case may be, as will be indicated by an executed certificate on the plat signed by the utility company representatives and/or grantees of said easements.
(o) Proposed or existing property restrictions or covenants shall be shown on the plat or in a form suitable for recording in the County Clerk’s office. If restrictions or covenants other than those contained in the County Zoning Ordinance exist, the place of recording of those restrictions and covenants should be shown by the plat.
(p) Plats shall be submitted on sheet sizes no larger than 24 inches by 36 inches in size.
(q) In the case of any residual acreage of any parent tract of land after the proposed lots or tracts of land are deducted therefrom, the professional land surveyor shall show or indicate on the plat that the residual property will still be in compliance with the County Zoning Ordinance with respect to the remaining area and any other pertinent dimensions required as stated by said ordinance for the particular zoning category of the property. When the property to be subdivided contains three acres or less, the entire boundary line of the tract of land shall be surveyed, monumented, and shown on the plat even though all of the tract of land may not be the subject of the lot or lots and parcels being subdivided by the plat. In the event there are several separate tracts or parcels of land described within the deed or legal document to the property being subdivided, the professional land surveyor shall indicate which of the tract or tracts the subject property is being subdivided and that the residual acreage, if any, from said tract or tracts will still be in compliance with the aforesaid Zoning Ordinance with respect to area and any other pertinent dimensions stated by said Zoning Ordinance. Additionally, it is suggested that the professional land surveyor consult with his or her client’s legal representative or other entity to determine if the entire tract or parcel of land from which the subject property is being subdivided should be surveyed and plated in order to avoid a conflict with KRS Chapter 100.
(r) All plats shall meet or exceed the “Minimum Standards of Practice for Land Surveys in Kentucky” (latest revision) as indicated by 201 KAR 18:150 as mandated by the Board of Licensure for Professional Engineers and Land Surveyors. In the case of a conflict between this chapter for waiver of subdivision plats and any other ordinance, regulation or standard of practice, the most stringent provision relative to the particular conflict will control and prevail.
(s) All plats shall contain the necessary and pertinent certifications and certificates as outlined by the latest revision of the county subdivision regulations and the aforesaid “Minimum Standards of Practice for Land Surveys in Kentucky”.
(t) Show the location of buried septic facilities, if known and if not known as to location, place a note on plats that buried facilities do exist locations are unknown. If the buried facilities are known as to location and if it is appropriate, an easement for the facility should be shown and described on plats if the facilities are to be left in place and the facilities would affect title to newly subdivided lots.
(u) Two plat copies required for record in the County Court Clerk’s office shall be signed by the property owner and/or applicant prior to approval signatures by the Planning and Zoning Commission chair and County Judge/Executive’s execution. Exceptions to this requirement may be made on a case-by-case basis depending upon circumstances that have caused the property owner and/or applicant’s failure to sign the plat or plats. Copies of the plat submitted for consideration and approval may be filed without the property owner and/or applicant’s signature.
(v) Statement to be added on the face of the plat: “No revisions or modifications are to be made to plats signed by Chairman or Judge/Executive without approval from Chairman or Judge/Executive”.
(2) Meeting all other regulations. The plat shall meet all other regulations if and when adopted. After the Planning Commission’s approval, the County Judge/Executive or designee shall approve the plat for recording in the office of the County Court Clerk.
(D) Public utilities variance. Variances in lot size and access easements for service roads may be granted when the subdivision or property is for the purpose of creating a lot or parcel of land to be owned or leased and maintained by a public utility to provide electric, water, sanitation, gas, telephone, cable television service, or telecommunications service to the general public, provided however, that no private sanitary disposal system (septic tank and field) shall be installed on any substandard lot (less than one acre in area). The Planning Commission may waive lot size when alternate methods of sanitary sewage are proposed.
(Ord. passed 11-27-2017)