Proposed Zoning Regulations & Fee Schedule Amendments

Public Hearing

June 12, 2012 7:30 p.m.

Fiscal Court Room, 2nd Floor

Old Courthouse Building, One Court Square

Bardstown, Kentucky

Section 3.1 Administrative Official

The Joint City-County Planning Commission Director and his/her designated representatives shall administer and enforce these Regulations. If the Director finds that any of the provisions of these Regulations are being violated, the Director shall take such action as is permitted by law. The Planning Commission Director and his/her designated representatives, in the performance of his/her duties and functions, may enter upon any land, with written consent from the property owner, and make investigation, inspection, examination and surveys that do not occasion damage or injury to private property. In addition to the foregoing, the Director shall have authority to order discontinuance of illegal use of land, buildings, structures, signs, fences or additions, alterations or structural changes thereto and discontinuance of any illegal work being done. All questions of interpretation and enforcement shall be first presented to the Director, and such questions shall be presented to the appropriate Board of Adjustment only on appeal from the decision of the Director, and recourse from the decisions of the Board of Adjustment shall be to the courts, as provided by law.

Section 8.4 Conservation Subdivisions

8.44 Dimensional Standards And Density Determination

A. Dimensional Standards for Option 1: Conservation Subdivision

(3) Average Minimum Lot Area: 20,000 square feet, on average. R-1A PUD lots served by public sewer may be reduced to minimum 8,000 square feet in area, and R-1B PUD lots served by public sewer may be reduced to minimum 7,000 square foot in area.

(4) Minimum Lot Width at Building Line: 100 feet; (R-1A & R-1B zone may be reduced in lot width on public sewers). R-1A PUD lots served by public sewer may be reduced to minimum lot width at the building line of 80 feet, and R-1B PUD lots served by public sewer may be reduced to minimum lot width of 70 feet.

(5) Yard Regulations: The builder or developer is urged to consider variations in the principal building position and orientation, but shall observe the following minimum standards:

Front: 25 feet

Rear: 35 feet

• If not served by public sewer: 25 feet
• If served by public sewer: 20 feet
  • Side: 20-foot separation between principal buildings, unless therwise allowed below. Side setbacks may be established at 5 and 15 feet but only if the setbacks are uniform and shown on the recorded plat.
• If not served by public sewer: 10 feet on each side or 5 and 15 feet (see note below)
• If served by public sewer: 8 feet on each side or 5 and 15 feet (see note below)

Article 17: Fee Schedule

Zoning Compliance Permit – Late and "After the Fact" Fees

In consultation with the legislative bodies, the Planning Commission shall adopt and amend, as necessary, a schedule of fees, charges, and expenses ("fee schedule") for applications, services, and publications and establish a late fee for applications filed after work, use, or construction has commenced without appropriate permits. The Planning Commission shall conduct one (1) public hearing on the fee schedule and amendments thereto.

The adopted fee schedule shall be posted in the Planning Commission offices.

Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any permit, application, or appeal.

Proposed:

1st Notice of Violation (7 days to comply): No late fee

2nd Notice of Violation (7 days to comply): Double the required permit/approval fee; $25 for agricultural structures

Final Notice of Violation from Legal Counsel (7 days to comply): Triple the required permit/approval fee; $50 for agricultural structures

Section 14.1 Remedies

A. Investigation & Inspection

The Planning Commission Director and his/her designated representatives, in the performance of his/her duties and functions, may enter upon any land, with written consent from the property owner, and make investigation, inspection, examination and surveys that do not occasion damage or injury to private property.