ORDINANCE NO. 2-1996



AN ORDINANCE OF THE CITY OF BELLEFONTE KENTUCKY, AMENDING THE NOVEMBER, 1990 SUBDIVISION REGULATIONS OF THE CITY OF BELLEFONTE, KENTUCKY; INCREASING THE MINIMUM REQUIRED LOT FRONTAGES, DEPTHS, AND SQUARE AREA; MODIFYING THE DEPTH OF THE BUILDING SET BACK LINE; SETTING FORTH PROCEDURAL REQUIREMENTS NECESSITATING CITY APPROVAL WHEN PROPOSED SUBDIVISIONS WOULD ENTAIL THE GRANTING OF A VARIANCE; SETTING FORTH PROVISIONS FOR PENALTIES UPON VIOLATION; AND OTHER MATTERS.


NOW BE IT ORDAINED by the City Commission of the City of Bellefonte, Kentucky, as follows:

SECTION 1: -Section 2.4, B- For minor subdivisions, the Planning Commission can waive preliminary plat requirements and go directly to the final plat, however, the subdivider shall nevertheless observe the requirements of conducting an advisory meeting with the Bellefonte City Commission as provided in 2.5 herein.

2.5 Advisory Meeting with The Planning Commission Bellefonte City Commission.

SECTION 2: 5.6 Lots - A. Relationship to Streets: All lots shall front on an improved and approved public street or road with a minimum distance of one hundred (100) one hundred twenty-five (125) feet except that lots which front on the turnarounds of permanent dead-end streets (or extremely sharp curves in unusual design cases) shall front on such turnarounds for a minimum distance of sixty (60) feet. Lots in a planned unit development having access to a street or common parking area along a pedestrian way may be allowed if the development meets the specifications of the zoning ordinance.

SECTION 3: 5.6 (c) (1) - Lot area requirements. There shall be at least 10,000 21,875 square feet of lot area for each resident family or housekeeping unit in any building. Each lot shall have a minimum width of seventy-five (75) one hundred twenty-five (125) feet at least to the building set-back line as defined in 5.6(D), and a minimum length of one hundred twenty (120 feet) one hundred seventy-five (175) feet in depth.

SECTION 5: 5.6 (D) Building Setback Line (See figure (II.):

The building set-back line shall not be located closer to the street right-of-way line than 60 feet, and shall be at least as deep as is necessary for buildings to be in alignment with other already existing buildings or adjoining lots.

SECTION 6: 6.0 Variances - Exceptional Conditions: When any application for subdivision approval expressly or inherently calls for a possible variance to these regulations, it shall be the duty of the Planning Commission to immediately provide formal written notice of such fact to the Bellefonte City Commission in order that the City Commission may have sufficient time to consider whether it approves of or opposes such a variance. The City may relay to the Planning Commission its approval of or opposition to such variance through its Commission representatives or may provide written notice of same to the Commission through its Mayor or City Attorney. City disapproval of a proposed variance to the regulations shall preclude Planning Commission approval of any such subdivision for so long as the variation remains included in the proposed plat, either preliminary or final.

SECTION 7: 6.1 Violations and Penalties - F(1) and F(2) - Any person or entity who violates these subdivision regulations shall be subject to fine or penalty in conformity with KRS 100.991. In addition thereto, the City or Planning Commission may, by action in the Circuit Court, enjoin the transfer or agreement to transfer land as provided in the Kentucky Revised Statutes, Chapter 100.980(4).

SECTION 8: That all ordinances in conflict herewith are specifically hereby repealed to the extent of said conflict only.

SECTION 9: That each section and each sentence of this ordinance is enacted separately and the invalidity and/or unconstitutionality of any one particular sentence and/or section shall not affect the validity and/or constitutionality of any other sentence and/or section.

SECTION 10: That this ordinance shall be in full force and effect from and after its passage, approval and publication according to law.

/s/ THOMAS R. BRADLEY

Mayor of Bellefonte, Kentucky

 

ATTEST

/s/ ALMA T. JESSEN

City Clerk



FIRST READING: June 24, 1996

SECOND READING: July 8, 1996