These regulations shall hereafter be known, cited and referred
to as the Subdivision Regulations of the City of Henderson, the City
of Corydon, and Henderson County, Kentucky. All persons, firms or
corporations laying out or subdividing or platting any lands within
Henderson County shall comply with the following rules and regulations
governing land subdivision. These regulations shall meet the specifications
of the Planning Commission and local governing bodies and shall be
developed and maintained by the local governing body.
The regulations are adopted for the following reasons:
1. To protect and provide for the public health, safety, and general
welfare of the planning unit.
2. To guide the future growth and development of the planning unit in
accordance with the Comprehensive Plan.
3. To provide for adequate light, air, and privacy, to secure safety
from fire, flood, and other danger and to prevent overcrowding of
land and undue congestion of population.
4. To protect the character and the social and economic stability of
all parts of the planning unit and to encourage the orderly and beneficial
development of all parts of the planning unit.
5. To protect and conserve the value of land throughout the planning
unit and the value of buildings and improvements upon the land and
to minimize the conflicts among the uses of land and buildings.
6. To guide public and private policy and action in order to provide
adequate and efficient transportation, water, sewage, schools, parks,
playgrounds, recreation, and other public requirements and facilities.
7. To provide the most beneficial relationship between the uses of land
and buildings and the circulation of traffic throughout the planning
unit, having particular regard to the avoidance of congestion in the
streets and highways, and the pedestrian traffic movements appropriate
to the various uses of land and buildings, and to provide for the
proper location and width of streets and building lines.
8. To establish reasonable standards of design and procedures for subdivisions,
and resubdivisions, in order to further the orderly layout and use
of land, and to insure proper legal descriptions and monumenting of
subdivided land.
9. To insure that public facilities are available and will have a sufficient
capacity to serve the proposed subdivision.
10. To prevent the pollution of air, streams, and ponds; to assure the
adequacy of drainage facilities; to safeguard the water tables; and
to encourage the wise use and management of natural resources throughout
the planning unit in order to preserve the integrity, stability, and
beauty of the community and the value of the land.
11. To preserve the natural beauty and topography of the planning unit
and to insure appropriate development with regard to these natural
features.
12. To provide for open spaces through the most efficient design and
layout of the land, including the use of average density of land as
established in the zoning ordinance and/or regulation of the planning
unit.
By authority of resolution of the Planning Commission of Henderson-Henderson
County (hereinafter referred to as "Planning Commission") adopted
pursuant to the powers and jurisdictions vested through K.R.S. 100.273,
K.R.S. 100.277 and K.R.S. 100.285 and other applicable laws, statutes,
ordinances, and regulations of the Commonwealth of Kentucky, the Planning
Commission does hereby exercise the power and authority to review,
conditionally approve, postpone, approve, disapprove and revoke plats
for subdivision of land within the jurisdictional limits of the planning
unit which shows lots, blocks, or sites with or without new streets
or highways.
In order that land may be subdivided in accordance with these
purposes and policy, these subdivisions regulations are hereby adopted.
These regulations shall not be construed as abating any action
now pending under, or by virtue of, prior existing subdivision regulations,
or as discontinuing, abating, modifying, or altering any penalty accruing
or about to accrue, or as affecting the liability of any person, firm,
or corporation, or as waiving any right of the various Legislative
bodies of the City of Henderson, the City of Corydon, or Henderson
County under any section or provision existing at the time of adoption
of these regulations, or as vacating or annulling any rights obtained
by any person, firm, or corporation, by lawful enaction of the various
Legislations bodies of the City of Henderson, the City of Corydon,
or Henderson County except as shall be expressly provided for in these
regulations.
Upon adoption of these regulations according to law, the Subdivision
Regulations of Henderson, adopted on April 4, 1978, as amended, are
hereby repealed except such sections expressly retained herein.
For the purpose of providing for the health, safety and general
welfare of the public, the Planning Commission may from time to time
amend the provisions imposed by these regulations. Public hearings
on all proposed amendments shall be held by the Planning Commission
in the manner prescribed by law.
Regulations of the subdivision of land and the attachment of
reasonable conditions to land subdivision is an exercise of valid
police power delegated by the State of Kentucky to the Henderson City-County
Planning Commission. The developer has the duty of compliance with
reasonable conditions laid down by the Planning Commission for design,
dedication, improvement, and restrictive use of the land so as to
conform to the physical and economical development of the Henderson
City-County Planning Commission and to safety and general welfare
of the future plot owners in the subdivision of the community at large.
General. Where the Planning Commission finds that extraordinary
hardships or practical difficulties may result from strict compliance
with these regulations and/or the purposes of these regulations may
be served to a greater extent by an alternative proposal, it may approve
variances to these subdivision regulations so that substantial justice
may be done and the public interest secured, provided that such variance
shall not have the effect of nullifying the intent and purpose of
these regulations; and further provided the Planning Commission shall
not approve variances unless it shall make findings based upon the
evidence presented to it in each specific case that:
1. The granting of the variance will not be detrimental to the public
safety, health or welfare or injurious to other property.
2. The request for the variance is based upon the individual character
of the land and in the opinion of the Planning Commission; the proposal
represents an approved innovative development, not applicable generally
to other property.
3. Because of particular surroundings, shape, or topographical conditions
of the specific property involved, a particular hardship to the owner
would result as distinguished from a mere inconvenience, if the strict
letter of these regulations were carried out.
4. Financial disadvantage to the property owner is not conclusive proof
of inconvenience or hardship within the purpose of these regulations.
5. The characteristics must be unique to the property and not be shared
by adjacent parcels.
6. The unique characteristic must pertain to the land itself, not to
its inhabitants, or the property owners.
7. The variances will not in any manner vary the provisions of the Zoning
Ordinance or Comprehensive Plan.
8. Conditions. In approving variances, the Planning Commission may require
such conditions as will, in its judgment, secure substantially the
objective of standards or requirements of these regulations.
9. Procedures. A petition for any variance shall be submitted in writing
by the subdivider at the time when the preliminary plat is filed for
the consideration of the Planning Commission. The petition shall state
fully the grounds for the application and the facts relied upon by
the petitioner.
"Subdivision" means the division of a parcel of land into two
or more lots or parcels; for the purpose, whether immediate or future,
of sale, lease or building development or if a new street is involved,
any division of a parcel of land; providing that a division of land
for agricultural use and not involving a new street shall not be deemed
a subdivision. The term includes resubdivision and when appropriate
to the context, shall relate to the process of subdivision or to the
land subdivided; any division or redivision of land into parcels occurring
within twelve (12) months following a division of the same land shall
be deemed a subdivision within the meaning of this act. K.R.S. 100.111(22).