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(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)
GENERAL REQUIREMENTS AND MINIMUM STANDARDS OF DESIGN
(A) Land proposed to be subdivided is unsuitable for subdivision development. If the Planning Commission finds that land proposed to be subdivided is unsuitable for subdivision development due to flooding, bad drainage, steep slopes, rock formation, and other such conditions as may increase the danger of health, life or property or aggravate erosion or flood hazards; and if from adequate investigations, conducted by all the public agencies concerned, it has been determined that in the best interest of the public, the land should not be platted and developed for the purpose proposed, the Planning Commission shall not approve the land for subdivision unless adequate methods are formulated by the subdivider for meeting the problems that will be created by the development of the land.
(B) Scattered or premature subdivision of land. The Planning Commission may refuse to approve what it considers to be scattered or premature subdivision of land which would involve danger or injury to the public health, safety, welfare, or prosperity by reason of lack of adequate water supply, schools, proper drainage, good roads and transportation facilities or other public services; or which would necessitate an excessive expenditure of public funds for the supply of such services.
(Ord. passed 11-27-2017)
(A) Conformity to the major street (thoroughfare plan). The widths and locations of all streets in a proposed subdivision will conform to the county major street plan.
(B) Street extensions.
(1) The street layout of the proposed subdivision shall provide for the continuation or projection of streets already existing in areas adjacent to the area being subdivided unless the Planning Commission deems such continuation or extension undesirable for specific reasons of topography or design.
(2) Where, in the opinion of the Planning Commission, it is desirable to provide street access to adjoining properties, proposed streets shall be extended by dedication to the boundaries of such properties. Where the Planning Commission deems it necessary, such dead-end streets shall be provided with a temporary turn-around having a radius of at least 50 feet.
(3) The street system for the proposed subdivision shall provide for extending existing streets at the same or greater width, but in no case shall a street extension be of less width than the minimum width required in this chapter for a street in its category.
(C) Dedication of right-of-way for new streets.
(1) The dedication of right-of-way for new streets measured from lot line to lot line shall be as shown on the county major street plan, or of not shown thereon, shall meet the following standards:
Street Type | Minimum Dedicated Right-of-Way Width |
Arterial streets | 60 feet* |
Collector streets | 60 feet |
Minor streets | 50 feet |
Marginal access streets | 30 feet |
Alleys | 30 feet |
The county major street plan may indicate greater right-of-way widths for certain arterial streets, but in no case shall the subdivider be required to dedicate a right-of-way width of more than 60 feet for any one street | |
(2) All points of access shall be as approved by the Planning Commission. Marginal access streets may be required by the Planning Commission for subdivisions fronting on arterial streets.
(3) The Planning Commission may waive rights-of-way requirements for cul-de-sacs or other non-thru roadways.
(4) Through proposed business areas, street widths shall be increased ten feet on each side if needed to provide parking without interfering with normal traffic movement.
(5) In cases where topography or other physical conditions make a street of the required minimum width impractical the Planning Commission may modify these requirements.
(D) Dedication of right-of-way for existing streets. Subdivisions platted along existing streets shall dedicate additional right-of-way if necessary to meet the minimum street width requirements set forth in division (C) of this section.
(1) The entire minimum right-of-way width shall be dedicated where the subdivision is on both sides of an existing street. When the subdivision is located on only one side of an existing street, one-half of the right-of-way width, measured from the center line of the existing roadway, shall be dedicated.
(2) Dedication of one-half of the right-of-way for proposed streets along the boundaries of land proposed for subdivisions shall be prohibited.
(E) Intersections.
(1) Streets shall intersect as nearly as possible at right angles.
(2) Street curb intersections shall be rounded by radii of at least 20 feet. When the smallest angle of street intersection is less than 60 degrees, the Planning Commission shall require curb radii of greater length.
(3) No lot or other parcel of land which abuts on and has access to either a collector or minor street shall have a service drive, curb cut, or other means of access to an arterial street within 75 feet of the right-of-way of any street which intersects such arterial street on the side on which such lot or parcel is located. These 75 feet requirements can be reduced to 50 feet on collector streets and 25 feet on minor streets.
(F) Curves in streets; horizontal and vertical.
(1) A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.
(2) Where there is a deflection angle of more than ten degrees in the alignment of a street, a curve with a radius adequate to insure safe sight distance shall be made. The minimum radii shall be:
Street Type | Minimum Curve Radius |
Arterial | 300 feet |
Collector | 300 feet |
Minor | 100 feet |
(3) All changes in grade for streets shall be connected by a vertical curve of a minimum length necessary to provide adequate sight distance and other safety factors.
(4) To calculate the minimum length for the curve connecting changes in grade:
(a) Calculate the algebraic difference in grades; and
(b) Multiply by the appropriate value.
Values for crest curve | Collector streets | 50 |
Minor Streets | 28 | |
Values for sag curve | Collector Streets | 50 |
Minor Streets | 35 |
(G) Street grades and elevations.
(1) Street grades shall conform to the following:
Street Type | Percent Grade | |
Allowable Maximum | Desirable Maximum | |
Arterial | 5% | 4% |
Collector | 7% | 5% |
Minor | 12% | 8% |
(2) All streets shall be designed so as to provide for the discharge of surface water from the pavement and from the right-of-way by grading and drainage. For adequate drainage, the minimum street grade shall not be less than .5%. Minimal grade of ditches shall be .5% and minimum grade of curbs and gutters shall be one-third of 1%.
(3) The Planning Commission shall not approve streets which will be subject to inundation or flooding. All streets must be located at elevations which will make them flood-free in order that portions of the subdivision will not be isolated by floods. Where flood conditions exist, the Planning Commission shall require profiles and elevations of streets in order to determine the advisability of permitting the proposed subdivision activity.
(4) Fill may be used in area subject to flooding in order to provide flood-free streets if such fill does not unduly increase flood heights. Drainage openings shall be designed so as not to restrict the flow of water and thereby unduly increase flood heights.
(H) Marginal access streets. Where the proposed subdivision abuts upon or contains an existing or proposed arterial street or highway on which traffic volumes and vehicular speeds warrant special safety considerations, the Planning Commission may require that marginal access streets be provided in order that no lots will front on such existing or proposed arterial street or highway.
(I) Street jogs. Street jogs with center line offsets of less than 125 feet shall not be made.
(J) Dead-end streets (cul-de-sacs). Minor terminal or dead-end streets or courts which are designed so as to have one end permanently closed shall not be longer than 500 feet and shall be provided at the closed end with a turn-around having a radius at the outside of the right-of-way of a least 50 feet. The paved area of the cul-de-sac shall have a minimum radius of no less than 35 feet.
(K) Street names.
(1) Proposed streets which are obviously in alignment with other already existing and named streets shall bear the names of such existing streets.
(2) The name of a proposed street, which is not in alignment with an existing street shall not duplicate the name of any existing street within the county, regardless of the use of the suffix or prefix street, avenue, boulevard, drive, place, court, lane, road, pike, highway, parkway or similar suffix or prefix.
(3) Before final plat approval, the names of streets shall be approved by the County Planning Commission.
(L) Private streets and reserve strips.
(1) There shall be no private streets platted within a subdivision, except as stated in § 190.033(B).
(2) There shall be no reserve strips in a subdivision except where their control is vested in the county, maintained by the developer or a neighborhood corporation and under conditions approved by the Planning Commission and as authorized in this chapter.
(M) Alleys. Alleys shall be provided to give access to the rear of all lots used for business and industrial purposes. Alleys shall not be provided in residential blocks except in cases where the subdivider produces evidence of the need for alleys which is satisfactory to the Planning Commission.
(N) Road specifications. County road specifications approved by the Fiscal Court are available from the County Road Engineer’s Office.
(Ord. passed 11-27-2017; Ord. 2019-08, passed 8-16-2019) Penalty, see § 190.999
(A) Length. Block lengths shall not exceed 1,200 feet or be less than 400 feet, except as the Planning Commission considers necessary to secure efficient use of land or desired features of street layout.
(B) Width. Blocks shall be wide enough to allow two tiers of lots of minimum depth. However, where this would require lots to front on an arterial street or highway or where topographical conditions or the size of the property prevent two tiers of lots, the Planning Commission may approve a single tier of lots of minimum depth.
(Ord. passed 11-27-2017) Penalty, see § 190.999
(A) Relationship to streets.
(1) All lots shall front on a public street or road for a minimum distance of 75 feet, except those lots which front on the turn-around of permanent dead-end streets shall front on such turn-arounds for a minimum distance of 40 feet; or when the portion of a lot is being used exclusively for access and meets the width requirements in division (A)(4). However, the Planning Commission may grant a variance to the requirements of this section when all of the following circumstances and conditions exist:
(a) When the lot(s) does not front on a public street or road.
(b) When, because of the location of the lot(s), extreme practical and financial difficulties would place an undue hardship on the owner of the lot(s).
(c) When ingress and egress to the proposed lot(s) can be adequately and perpetually provided by a private access easement from a public highway or road; provided however, such a private access easement shall be a minimum width as listed below:
20' wide | Less than 2 acres |
30' wide | Less than 3 acres |
40' wide | Less than 4 acres |
50' wide | 4 acres or larger |
(2) The private access easement shall extend from the front of the proposed lot(s) to a public highway or road and said private access easement shall be maintained by the lot(s) owner it is serving without any obligation on the county to maintain same. An ingress and egress easement may be shared by up to three lots.
(B) Arrangement. Each lot in a subdivision shall contain a building site free from the danger of flooding. Except where unfeasible, side lot lines shall be at right angles to straight street lines and radial to curved street lines.
(C) Dimensions.
(1) Lot dimensions shall conform to the requirements of the county subdivision and/or Planning Commission regulations where applicable except that residential lots served by septic tanks and field lines shall be at least 75 feet wide at the building setback line and one acre in area or the minimum lot width and area determined by the County Health Officer, whichever width and area is larger. Lots conveyed by deeds, executed prior to October 6, 1978, which are less than one acre in area and which were in compliance with the minimum requirements of the Department of Health at the time of conveyance, may be granted a variance and approved by the Planning Commission provided that said lots comply with all other regulations.
(2) Lot dimensions and minimum size shall follow the requirement of the County Zoning Ordinance. Minimum lot width shall be measured at the building setback line.
(3) Ratio of lot frontage to depth shall not exceed one to eight without variance from the Planning Commission.
(D) Corner lots. Corner lots (lots which abut on two intersecting streets) shall comply with the front yard setback provisions along the street upon which the building on the corner lot fronts. A ten-foot reduction in the front yard provision is allowed on the side facing the secondary street, provided such reduction does not result in a side yard of less than 20 feet.
(Ord. passed 11-27-2017; Ord. 2021-08, passed 6-28-2021)
In commercial and industrial subdivisions and in the portions of residential subdivisions reserved for commercial or industrial uses, the lots or parcels platted for commercial or industrial sites shall be large enough to provide for off-street loading and unloading facilities and off-street parking facilities.
(Ord. passed 11-27-2017)
(A) Except where alleys are permitted for the purpose, the Planning Commission shall require easements at least 12 feet in width centered along all rear lot lines for poles, wires, conduits, storm sewers, sanitary sewers, gas mains, water mains and other utility facilities. Where necessary or advisable in the opinion of the Planning Commission, similar easements shall be provided alongside lot lines or across lots.
(B) If the Planning Commission deems it necessary for proper drainage within or through a subdivision, it shall require that a storm water easement or drainage right-of-way be provided and maintained by the developer or abutting property owners.
(C) The Planning Commission shall require easements at least 15 feet in width parallel and adjacent to all road right-of-way for poles, wire conduits, storm sewers, gas mains, sanitary sewers, water mains and other utility facilities.
(D) Where necessary or advisable in the opinion of the Planning Commission, a similar easement shall be provided along parent tracts along with any necessary right-of-way dedications.
(Ord. passed 11-27-2017)
In all subdivisions, due regard shall be shown for natural features such as large trees, unusual rock formations and water courses; for sites which have historical significance; and for similar assets which, if preserved, will add attractiveness and value to the subdivision and to the county. The Planning Commission may prepare a list of all such features within its area of subdivision jurisdiction which it deems worthy or preservation.
(Ord. passed 11-27-2017)
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