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If after receipt and investigation of a complaint, city officials find that any provision of this subchapter is being violated, notice by hand delivery or by certified mail, return receipt requested, of such violation shall be given to the owner and/or to the occupant of such premises, demanding that the violation be abated within 30 days of the date of hand delivery or of the date of mailing of the notice. If the violation is not abated within the 30-day period, such continuing violation shall constitute a minor offense.
(Ord. 2005-6, passed 4-4-2005) Penalty, see § 150.999
(A) Any luminaire with a lamp or lamps rated at a total of 1800 lumens or less and all flood or spot luminaires with a lamp or lamps rated at 900 lumens or less may be used without restriction to light distribution or mounting height, except that if any spot or flood luminaire rated 900 lumens or less is aimed, directed or focused so as to cause direct light from the luminaire to be directed toward residential buildings on adjacent or nearby land or to create glare perceptible to persons operating motor vehicles on public ways, the luminaire shall be redirected or its light output controlled as necessary to eliminate such conditions.
(B) Luminaires used for public roadway illumination may be installed at a maximum height of 25 feet and may be positioned at that height up to the edge of any bordering property.
(C) All temporary emergency lighting needed by the Police, the Fire Departments or other emergency services, as well as all vehicular luminaires, shall be exempt from the requirements of this subchapter.
(D) All hazard warning luminaires required by Federal regulatory agencies are exempt from the requirements of this subchapter, except that all luminaires used must be red and must be shown to be as close as possible to the federally required minimum lumen output requirement for the specific task.
(E) Luminaires used primarily for sign illumination may be mounted at any height to a maximum of 25 feet regardless of lumen rating.
(F) Where any provision of federal, state, or county or city statute, ordinance, or regulation conflicts with any provision of this subchapter, the most restrictive shall govern unless otherwise regulated by law.
(G) Spot lighting may be used to illuminate a building, sign or flag, or flood lighting for temporary backyard, driveway or security purposes, provided such lights do not cause glare perceptible from the street or light trespass upon neighboring property greater than 1 footcandle.
(Ord. 2005-6, passed 4-4-2005) Penalty, see § 150.999
(A) Any temporary outdoor lighting that conforms to the requirements of this subchapter shall be allowed. Nonconforming temporary outdoor lighting may be permitted by the City Council after considering:
(1) The public and/or private benefits that will result from the temporary lighting;
(2) Any annoyance or safety problems that may result from the use of the temporary lighting; and
(3) The duration of the temporary nonconforming lighting.
(B) The applicant shall submit a detailed description of the proposed temporary nonconforming lighting to the City Council, who shall consider the request at a duly called meeting of the Council. Prior notice of the meeting of the City Council shall be given to the applicant and the Pewee Valley Lighting Committee. The City Council shall render its decision on the temporary lighting request within two weeks of the date of the meeting. A failure by the City Council to act on a request within the time allowed shall constitute a denial of the request.
(C) Lighting fixtures used to illuminate an outdoor advertising sign shall be mounted on the top of the sign structure and shall comply with shielding requirements of § 150.082. Bottom-mounted outdoor advertising-sign lighting shall not be used. Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from within which do not require shielding must be approved by the City Council, where lamp wattage total shall be less than 41 watts. Dark backgrounds with light lettering or symbols are preferred to minimize detrimental effects. Laser or similar high intensity source lights, including searchlights, is prohibited.
(Ord. 2005-6, passed 4-4-2005) Penalty, see § 150.999
WATER QUALITY MANAGEMENT
(A) Title. This subchapter shall be known as the “Water Quality Management Ordinance” for the City of Pewee Valley (“the city”), Kentucky, and may be so cited.
(B) Purpose. The purpose of this subchapter is to provide regulations and measures that will address water quality in the city and to establish procedures by which these requirements are to be administered and enforced.
(C) Jurisdiction.
(1) The laws of the Commonwealth of Kentucky shall apply to this subchapter.
(2) This subchapter shall govern all properties within the jurisdictional boundaries of the city.
(3) This subchapter is applicable to all new development and redevelopment activities that result in any land-disturbing activities that result in the disturbance of 20,000 square feet or more of land; except that the provisions herein relating to post-construction shall only be triggered when the disturbed area is grater than one acre. Although a permit is not required for any land disturbance over 2,000 square feet but disturb less than 20,000 square feet, the landowner must nevertheless follow Best Management Practices.
(4) Adherence to this subchapter in no way circumvents or eliminates the requirements of the state or federal regulations. Permits may be required by the Kentucky Division of Water and/or the United States Army Corps of Engineers.
(D) Exemptions. The following activities are exempt from the provisions of this subchapter.
(1) Agricultural and silviculture (woodland production) operations according to an Agricultural Water Quality Plan approved by the City Conservation District or approved as required in the Kentucky Agricultural Water Quality Plan developed in accordance with the Kentucky Agricultural Water Quality Authority.
(2) Land reclamation projects regulated by the Kentucky State Department for Surface Mining Reclamation and Enforcement.
(3) Additions or modifications to existing detached single-family dwellings and redevelopment or renovation that does not disturb more than 2,000 square feet of land.
(4) Minor land disturbing activities that disturb 2,000 square feet or less of land area, and not within 50 feet of a drainage way.
(5) Usual and customary site investigation and surveying activities, such as soil testing, rock coring, test pits, boundary and topographical surveying, monitoring wells and archaeological excavation, undertaken prior to submittal of an application for preliminary subdivision or development approval; provided any land disturbance is incidental to necessary equipment access and performance of investigation and surveying activities.
(6) Following preliminary subdivision or development approval but prior to site disturbance permit approval and issuance, clearing necessary to provide access for survey work, rock soundings or other usual and customary site investigations, provided the following conditions are met:
(a) Preliminary site investigations that have been planned to minimize the amount of clearing required;
(b) Clearing shall follow proposed roadway centerlines and shall not result in clear access way of more than 20 feet in width; and
(c) Cleared access ways beyond proposed roadways to assess individual lots shall not exceed 12 feet in width and no trees eight inches or greater in diameter measured at breast height (dbh) shall be removed without prior approval by the city.
(Ord. 2009-1, passed 5-4-2009)
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