The Planning Commission shall impose the following general requirements and compel all subdividers to comply with the following principles of design in the layout of subdivisions:
(A) Suitability of land for subdivision.
(1) Land not suitable for development.
(a) Flood hazards. Land within the floodway shall not be platted for residential occupancy or building sites. Other land subject to flooding may be platted for residential occupancy or for such other uses which will not increase the danger to health, life and property. Fill may not be used to raise land in the floodway areas except where express permission has been granted by the Planning Commission. In other areas subject to flood, fill may be used providing the proposed fill does not restrict the flow of water and unduly increase flood heights. In applying this provision land below the elevation of the Regional Flood (Regulated) on the East Fork Clarks River shall be considered subject to flood. The elevation of this flood shall be determined from the chart, "Natural and Regulated High Water Profiles, East Fork Clarks River, Vicinity of Murray, Kentucky" (Tennessee Valley Authority, October, 1968), which chart is made a part of these regulations. Areas included in the floodway are as shown on the map. "Floodway, East Fork Clarks River, Vicinity of Murray, Kentucky" (Tennessee Valley Authority, November, 1968).
(b) Other conditions. If the Planning Commission finds that land proposed to be subdivided is unsuitable for subdivision development due to bad drainage, steep slopes, rock formations, 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 or a portion thereof not be platted and developed for the purpose proposed, the Planning Commission shall not approve the land or portions thereof for subdivision.
(2) Premature development. 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.
(B) Community assets. 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 community. The Planning Commission may prepare a list of all such features within its area of subdivision jurisdiction which it deems worthy of preservation.
(C) Large tracts or parcels. When land is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged so as to allow for the opening of future streets and logical resubdivision.
(D) Mobile home parks. Mobile home parks must conform to:
(1) Statutory requirements.
(2) Design requirements as set forth in the zoning code.
(E) Multi-building development.
(1) Compliance with this regulation. Where multi-building development occurs, the developer must establish lot lines for each principal building and lot. The developer must establish setback lines to meet all other requirements of this regulation and the zoning code where applicable. Preliminary and final plats shall be presented to the Planning Commission in accordance with this regulation.
(2) Variance. A variance from this chapter may be granted for multi-building development if it is shown that the land in question can not be subdivided or that more open space is created, a lower density can be established, traffic problems are lessened, and a better relation between land and building is created by not subdividing the land. However, in no case shall the Planning Commission grant a variance which does not comply with the zoning code, where applicable, or which destroys the character of the neighborhood.
(Ord. 682, passed 2-22-79) Penalty, see § 155.99