ORDINANCE NO. 2-87

AN ORDINANCE OF THE CITY OF BELLEFONTE, KENTUCKY CONCERNING ANIMAL CONTROL

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF BELLEFONTE, KENTUCKY:

1. No farm animals shall be maintained in the City. Farm animals, for purposes of this ordinance, shall include but not be limited to cows, horses, mules, donkeys, goats, sheep, hogs, chickens, turkeys, ducks, geese, pigeons and rabbits.
2. Any animal kept as a pet or by any person within the City shall at all times be secured by leash or under the control of a responsible person and obedient to that person’s command, or within the real property limits of its owner.
3. Any animal kept as a pet within the City on its owner’s property shall not leave the owner’s property except under control of a responsible person or secured by leash as set out in Section 2 above.
4. Any animal kept as a pet within the City shall be considered a public nuisance at any time that it may:
   1. molest passersby or passing vehicles including, but not limited to, individuals walking, running, or in any other way passing the owner’s real estate on foot, on bicycle, or in or on a motor vehicle;
   2. attack or molest any one or anyone’s pet within the City;
   3. damage private or public property;
   4. be at large not under supervision within the City;
   5. bark, whine, howl, or in any other manner make excessive and/or continuous noise at any untimely occasion.
5. No owner of any animal kept as a pet within the City shall fail to exercise proper care and control over this animal to prevent it from becoming a public nuisance as set out in Section 4 above.
6. Any person owning, keeping, harboring, or having custody of any dog over the age of six months within the City must obtain a license from the City upon proof of inoculation for rabies within the twelve month period before the license application .
7. Unrestrained dogs and/or other animals within the City shall be taken by the police, animal control officers, or humane officers, and impounded in the County Animal Shelter or other suitable facility.
   1. Any animal not reclaimed within seven (7) days consistent with the provisions of the applicable Kentucky Revised Statutes shall be placed for adoption in a suitable home or humanely destroyed.
8. In addition to the impoundment of any animal at large within the City, the police officer or animal control officer, or other humane officers, shall issue to the owners of any animal found at large or otherwise violating the provisions of this Ordinance, a Notice of Ordinance Violation and/or citation. The officer involved shall have the discretion as to the issuance of a Notice of Ordinance Violation or citation in light of the seriousness and/or nature of the violation involved.
9. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof in a court of competent jurisdiction, shall be fined not less than Ten Dollars ($10.00) nor more than Five Hundred Dollars ($500.00) for each violation committed, each day’s continuance of a violation constituting a separate offense, or imprisoned for not more than thirty ( 30) days, or both so fined and imprisoned, within the discretion of the judge or jury. In addition to the foregoing, the City, any property owner or any resident citizen aggrieved may proceed in the Circuit Court in and for Greenup County, Commonwealth of Kentucky, by way of injunction, to enforce the discontinuance of such violation or any situation or condition which may have been brought about or exist by reason of such violation of this ordinance and may, in addition to such injunctive relief, be awarded both compensatory and punitive damages for such violation.
10. All ordinances, parts of ordinances and amendments thereto in conflict herewith heretofore adopted by the Board of Commissioners of the City are hereby expressly repealed.
11. This ordinance shall be in full force and effect from and after its passage, approval and publication, as required by law.
12. Each section and each sentence of this ordinance is enacted separately and the invalidity 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.

ORDINANCE NO. 1, 1965

AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE CITY OF BELLEFONTE, GREENUP COUNTY, KENTUCKY, ESTABLISHING THE ENTIRE AREA EMBRACED WITHIN THE CORPORATE LIMITS OF SAID CITY AS A BIRD SANCTUARY, AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF.

BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE CITY OF BELLEFONTE, GREENUP COUNTY, KENTUCKY:

SECTION 1

That the entire area embraced within the corporate limits of the City of Bellefonte be and the same is hereby designated and established as a BIRD SANCTUARY.

SECTION 2.

That on and after the effective date of this ordinance, lt shall be unlawful to trap, hunt, shoot or attempt to shoot or molest ln any manner any bird or wild fowl or to rob the nests of same within the corporate limits of the City of Bellefonte. Provided, however, that lf starlings or similar birds are found to be congregating within said city in such numbers and in a particular locality that they constitute a public nuisance or menace to health or property in the opinion of the proper health authorities of Greenup County, then, and ln such event, said health authorities shall meet with representatives of the Garden Club of said city, having given at least three days actual notice of the time and place of said meeting to the representatives of said Garden Club; and if, as result of said meeting, no satisfactory alternative is found to abate such nuisance, then said birds may be destroyed in such number and in such manner as Is deemed advisable by said health authorities under the supervision of the Board of Trustees or its duly authorized officer, representative or agent, provided, however, that no such action shall be taken which may be ln violation of any state law relating thereto.

SECTION 3

Any person who shall violate the provisions of this ordinance shall be deemed guilty of a misdemeanor and shall be punished by a fine in any sum not to exceed Fifty Dollars ($50.00), or by imprisonment not to exceed ten (10) days, or both such fine and imprisonment in the discretion of the court or jury trying the case. All moneys collected by reason of the enforcement of this ordinance, including fines, forfeitures and court costs, shall be paid into the general fund of the City and shall be used in defraying the expense of general government.

SECTION 4

This ordinance shall be in full force and effect from and after its passage, approval and publication, as required by law.

ORDINANCE NO. 5-88

AN ORDINANCE OF THE CITY OF BELLEFONTE
CONCERNING BURNING

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF BELLEFONTE, KENTUCKY:

1. Except as otherwise provided herein, it is unlawful to burn outside of a dwelling in the City.
2. Leaves, weeds, twigs and tree limbs may be burned between 4:00 p.m. and 7:00 p.m. After 7:00 p.m., all fires must be completely extinguished so there is no smoldering. Burning of building materials, refuse or household garbage is prohibited.
3. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof in a court of competent jurisdiction, shall be fined not less that Ten Dollars ($10.00) no more than One Hundred Dollars ($100.00) for each violation committed, each day’s continuance of a violation constituting a separate offense, or imprisoned for not more than thirty (30) days, or both so fined and imprisoned, within the discretion of the judge or jury. In addition to the foregoing, the City, any property owner or any resident citizen aggrieved may proceed in the Circuit Court in and for Greenup County, Commonwealth of Kentucky, by way of injunction, to enforce the discontinuance of such violation or any situation or condition which may have been brought about or exist by reason of such violation of this ordinance and may, in addition to such injunctive relief, be awarded both compensatory and punitive damages for such violation.
4. All ordinances, parts of ordinances and amendments thereto in conflict herewith heretofore adopted by the Board of Commissioners of the City are hereby expressly repealed.
5. This ordinance shall be in full force and effect from and after its passage, approval and publication, as required by law.
6. Each section and each sentence of this ordinance is enacted separately and the invalidity 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.

Richard A. Macomb
Mayor, City of Bellefonte

Attest:
Jean Frazier
City Clerk

First Reading by the Board of Commissioners 10-24-88
Second Reading by the Board of Commissioners 10-31-88

ORDINANCE NO. 9-1989

AN ORDINANCE AMENDING ORDINANCE NO. 1-87 SECTION IV (1) AND ALLOWING CERTAIN COMMERCIAL USES FOR CERTAIN SPECIFIC PROPERTY WITHIN THE CITY OF BELLEFONTE, KENTUCKY, SAID PROPERTY BEING LOCATED NEAR DIEDERICH BOULEVARD AND BEING DESCRIBED MORE SPECIFICALLY HEREINBELOW; AND OTHER MATTERS.

SECTION 1.

Permitted Uses.–Within the limits of the City, no building, structure or premises shall be used and no building or structure shall be erected for other than one or more of the following specified purposes:

• 1. Dwellings. A one-family, single, detached house for one housekeeping unit only.
  2. Roomers and boarders. The leasing of rooms by a resident family. Provided the total number of roomers and boarders does not exceed two unrelated persons in any one dwelling.
  3. Accessory uses and structures. Accessory uses or structures customarily incidental to any aforesaid permitted use and located on the same lot therewith, including garages, under conditions specified below, provided that such accessory uses shall not include any activity conducted for gain. However, more than two accessory buildings of any kind will require the consent of the Board of Zoning Adjustment whether free standing or connected to the main dwelling.
  4. With respect to property within the City of Bellefonte located near Diederich Boulevard and described more specifically in Exhibit “A” attached hereto and made a part hereof, there shall be permitted the following uses for buildings to be constructed upon said premises: banking and financial institutions, medical, dental, and legal offices, professional offices not otherwise listed, and auto parking incident to the above permitted use; any and all buildings constructed upon said premises shall be spaced at least fifteen (15) feet from property lines; there shall further be a five (5) story limit upon buildings constructed upon said premises.

SECTION 2.

Conditionally Permitted Uses. Churches and other places of worship, country clubs, public school and municipal buildings are permitted provided the following conditions are met:

• 1. all structures and activity areas are at least 100 feet from all property lines;
  2. such development must be located on major thoroughfares or at intersections of a major thoroughfare and a local street;
  3. adequate off-street paved parking shall be provided;
  4. such use shall be properly landscaped to be harmonious with surrounding uses, especially residential areas; and,
  5. all permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any other person or persons.

SECTION 3.

Prohibited Uses. Within the limits of the City, no building, structure or premises shall be used and no building or structure shall be erected for other than one or more of the purposes specified above. The following uses are specifically prohibited:

• 1. Any building or structure or premises intended or designed to be used in whole or part for any trade, manufacturing or commercial purpose, except as set fort in 1 (d) hereinabove.
  2. House trailers and trailer parks.
  3. Rehabilitation center, convalescent home.
  4. Residence in accessory buildings is prohibited. The Board of Zoning Adjustment may, however, permit such use for persons employed on the premises and their immediate families.

SECTION 4.

That the southerly boundary of the Kentucky Power Company easement to the south boundaries of the properties described in Exhibit “A”, the owners of said properties and their assigns, forever, shall maintain a buffer zone which shall include the planting and maintaining of trees, shrubbery, grasses and other attractive natural foliage and vegetation as will reasonably insulate nearby residential areas from site and sound to the greatest extent possible.

SECTION 5.

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

SECTION 6.

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 7.

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

RICHARD MACOMB
Mayor, City of Bellefonte

ATTEST:
JEAN FRAZIER
City Clerk

FIRST READING: August 4, 1989
SECOND READING: December 19, 1989
PUBLISHED: September 3, 1992

EXHIBIT “A”

Being a tract of land lying in Bellefonte, Greenup County, Kentucky and including portions of three continuous parcels of land conveyed by Gary R. Fannin as recorded in the County Court Clerk of Greenup, Kentucky in Deed Book 372, Page 687, Deed Book 372, Page 690, and Deed Book 372, Page 693. The boundary of said tract of land may be more particularly described as follows: Beginning at a point at the intersection of the Corporation Line of the City of Bellefonte and the easterly line of the property of Gary R. Fannin as recorded in Deed Book 272, Page 687, said point lying along said easterly property line South 3 degrees 45 minutes West 146.76 feet from the southerly right of way line of Diederich Boulevard; thence from said point of beginning running along said easterly property line of said Fannin property South 3 degrees 45 minutes West, 470.89 feet to the southeasterly corner of said Fannin property; thence running along the southerly line of said Fannin property, the following two calls: North 81 degrees 34 minutes West 25.08 feet; thence North 80 degrees 32 minutes West 50.25 feet to the southeasterly corner of the property of Gary R. Fannin as recorded in Deed Book 372, Page 690; thence running along the southerly line of said Fannin property North 80 degrees 32 minutes West, 150.74 feet; thence running along the westerly line of said Fannin property North 3 degrees 45 minutes East, 367.89 feet to the southeasterly corner of the property of Gary R. Fannin as recorded in Deed Book 372, Page 692; thence running along the southerly line of said Fannin property south 75 degrees 52 minutes 33 seconds West 105.07 feet; thence running along the westerly line of said Fannin property North 3 degrees 45 minutes East 41.89 feet to a point at the intersection of said westerly property line and the Corporation Line of the City of Bellefonte North 81 degrees 28 minutes 34 seconds East (given in City of Bellefonte Ordinances No. 1 and 3 of 1961 as North 80 degrees 15 minutes East), 332.6 feet to the point of beginning and containing 2.3 acres.

A parcel of land situated on the south side of Diederich Boulevard in Russell, Greenup County, Kentucky, and being part in City of Russell and part in City of Bellefonte, and bounded and described as follows: Beginning at the corner of Lot 4 and Dale Hensley property and southerly right-of-way line of Diederich Blvd.; thence south 86 degrees 15 minutes East 100 feet to an iron pin; thence with Lot 3 South 3 degrees 45 minutes West 595 feet to creek, thence with creek north 45 degrees 53 minutes West 131.24 feet ; thence with Hensley line north 3 degrees 45 minutes East 510 feet to the point of beginning, containing 1.26 acres and being Lot ___ as the same is shown on plat of a larger tract designated as “Tract adjoining Diedrich Blvd., on North, White Oak Creek on South and Ky. State Route 1093 on West,” which Plat was made by James F. Robinson, R.L.S., dated June ___, 1987.

ORDINANCE NO. 1-89

AN ORDINANCE OF THE CITY OF BELLEFONTE, KENTUCKY
CONCERNING DANGEROUS DOGS

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF BELLEFONTE, KENTUCKY:

SECTION I: DEFINITIONS

As used in this Ordinance, the following terms shall mean:

1. 1. Any dog with a known propensity, tendency or disposition by prior acts to attack unprovoked, to cause injury to or otherwise endanger the safety of human beings or domestic animals; or
   2. Any dog which bites (to the extent of puncturing or severely bruising skin), inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation on public or private property; or
   3. Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting; or
   4. Any dog which has previously attacked or bitten a human being other than under the type of circumstances that would be justifiable under Clause l(k) of this Section.
   5. Any dog which has behaved in such a manner that the owner thereof knows or should reasonably know that the dog is possessed of tendencies to attack or to bite human beings other than the type which would be justified under Clause 1(g) of this Section.
   6. Any dog which has been trained as an attack or guard dog.
   7. EXCEPTIONS: An animal shall not be deemed dangerous solely because: (1) it bites, attacks or menaces (a) anyone assaulting its owner, or (b) any person or other animal who has tormented or abused it, or (2) it is otherwise acting in defense of any attack from a person or other animal upon its owner or any other person, or (3) it is protecting or defending its young or the young of any other animal.DANGEROUS DOG:
2. ANIMAL CONTROL OFFICER: The official designated by the Board of City Commissioners to be the primary enforcement officer for the City of the sections of this Ordinance and the state laws regulating animals and owners of animals, but shall also include for purposes other than those contained in Section V.2, public law enforcement officers and County animal control officers.
3. IMPOUNDED: Taken into custody of the County Animal Shelter.
4. OWNER: Any person, partnership, company or corporation owning, keeping or harboring dog(s).

SECTION II: PROHIBITION OF DANGEROUS DOGS

1. It shall be unlawful for any owner or keeper (i.e. any person to whom any dangerous dog is entrusted) to allow any dangerous dog to be harbored within the City.
2. The Animal Control Officer is hereby empowered to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this Ordinance, and any such Animal Control Officer is hereby empowered to seize and impound any dangerous dog whose owner fails to comply with the provisions hereof, subject to the right of such owner to contest the seizure or impoundment, as provided in this Ordinance, in the District Court in and for Greenup County.
3. In the event that the owner of the dog refuses to surrender the dog to the Animal Control Officer, the Animal Control Officer may request a police officer to obtain a search warrant from a judge of the District Court in and for Greenup County and to seize the dog upon the execution of the warrant.

SECTION III. ENFORCED OF DANGEROUS DOG PROHIBITION

In the event that a public law enforcement officer, or the Animal Control Officer has probable cause to believe that a dangerous dog is being harbored in the City in violation of this Ordinance, he may:

• • 1. Order the violation immediately corrected and cite the owner or keeper to appear in Court for the violation, or
    2. If the violation cannot be immediately corrected and the dog is posing a serious threat to human beings or other domestic animals, the dog may be seized and impounded, in which case the owner or keeper will be cited to appear in court for the violation. At the owner’s request and expense, such impoundment may be at a veterinarian or licensed kennel of the owner�s choosing. If the Court rules that the dog is not dangerous as defined, it will be released to the owner upon payment of the expense of keeping such dog. If the Court rules that it is dangerous as defined, the dog will be released to the owner after payment of any fees and penalties, and upon presentation of proof by the owner or keeper that the dog will no longer be harbored in the City.

If, within seven (7) days after impoundment, the owner or keeper of an alleged dangerous dog fails to either provide proof that the dog will no longer be harbored in the City in compliance with the provisions of this Ordinance or fails to reclaim it from the County Animal Shelter after impoundment, it will be humanely euthanized.

SECTION IV: CUSTODIAL LIABILITY

In the event that the owner of the dangerous dog is a minor, the custodian, parent or guardian, legally responsible for such minor shall be liable for all injuries and property damage sustained by any person or domestic dog caused by an unprovoked attack by said dangerous dog.

SECTION V: DESTRUCTION OF IMPOUNDED DOGS

• • • 1. No dog shall be destroyed within seven (7) days of being impounded unless necessary to prevent or stop an attack upon a person or another animal, for humane reasons related to sickness or injury of the dog, or as otherwise provided by law.
      2. An impounded dog shall not be destroyed pending an owner’s appeal or a District Court order of destruction if the appeal shall have been filed within seven (7) days of impoundment or order of destruction of such dog and notice shall have been served within seven (7) days of the impoundment of such dog upon the Animal Control Officer. The Animal Control Officer shall have the burden of proving that the dog should be destroyed pursuant to this Ordinance.
      3. Other provisions of this Ordinance notwithstanding any dog which has bitten or scratched someone shall be quarantined for ten (10) days from the time the bite or scratch occurs. Any owner who fails to properly quarantine their dog is subject to citation for violation of this section and the dog shall be removed to the County Animal Shelter for the remainder of its quarantine period. The owner will be responsible for all quarantine fees.

  A dog whose owner is unavailable or incapable of quarantining the dog, may be taken by the Animal Control Officer and quarantined by the County Animal Shelter for the prescribed period.

SECTION VI: VIOLATIONS AND PENALTIES

Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof in a Court of competent jurisdiction, shall be fined not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00) for each violation committed, each day’s continuance of a violation constituting a separate offense, or imprisoned for not more than thirty (30) days, or both so fined and imprisoned, within the discretion of the judge or jury. In addition to the foregoing, the City, any property owner or any resident citizen aggrieved may proceed in the Circuit Court in and for Greenup County, Commonwealth of Kentucky, by way of injunction, to enforce the discontinuance of such violation or any situation or condition which may have been brought about or exist by reason of such violation of this Ordinance and may, in addition to such injunctive relief, be awarded both compensatory and punitive damages for such violation.

SECTION VII: REPEAL OF CONFLICTING ORDINANCES

All ordinances, parts of ordinances and amendments thereto in conflict herewith heretofore adopted by the Board of Commissioners of the City are hereby expressly repealed.

SECTION VIII: SEVERABILITY

Each section and each sentence of this Ordinance is enacted separately and the invalidity 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 IX: EFFECTIVE DATE

This Ordinance shall be in full force and effect from and after its passage, approval and publication, as required by law.

Richard A. Macomb
Mayor, City of Bellefonte

ATTEST:
Jean Frazier
City Clerk

First Reading by the Board of Commissioners 1-23-89
Second Reading by the Board of Commissioners 2-27-89
Published 3-9-89

ORDINANCE NO. 5 – 1992

AN ORDINANCE OF THE CITY OF BELLEFONTE, KENTUCKY, SETTING FORTH CERTAIN REQUIREMENTS AND CONDITIONS ON THE DEMOLITION AND/OR REMOVAL OF HOMES, BUILDINGS OR STRUCTURES WITHIN THE CITY OF BELLEFONTE, KENTUCKY; REQUIRING THE POSTING OF $25,OOO.OO BOND WITH CORPORATE SURETY TO INSURE REASONABLE AND ADEQUATE CLEAN-UP OF THE LOCATION OF SAID DEMOLITION AND THE APPURTENANT STREETS AND ROADS THERETO; SETTING FORTH FINES FOR VIOLATIONS; AND OTHER MATTERS.

WHEREAS, it is reasonably foreseeable in the future that homes, buildings and other structures may be demolished from time to time within the City of Bellefonte, Kentucky, to enable the building of new structures; and,

WHEREAS, it is the desire and intention of the City Commissioners of Bellefonte, Kentucky, to insure that in any instances of such demolition that the premises and adjacent streets are kept reasonably clean and free of debris, mud or other waste materials;

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

SECTION 1:

That any person or entity conducting demolition operations or the removal of any home, building or other structure within the City of Bellefonte, Kentucky, shall exercise reasonable diligence on a daily basis to keep the premises of said demolition clean and free of debris and, further, shall exercise reasonable diligence to insure that all adjacent streets and roadways are also kept clear of debris, mud and other waste materials incidental to the demolition or removal project.

SECTION 2:

That upon completion of any demolition or removal project, the premises upon which such demolition or removal has occurred shall be restored as nearly as possible to their natural appearance and all debris shall be removed thereon until such time as any person or entity shall subsequently commence construction operations on the premises.

SECTION 3:

That in order to insure compliance with the provisions of this Ordinance, no demolition or removal operations shall commence until such time as a permit for same shall have been obtained by any person or entity seeking to conduct said demolition or removal operations from the Bellefonte City Building Inspector who shall, prior to the issuance of any such permit, determine that any person or entity seeking such permit has procured bond therefor in at least the amount of $25,000.00 with corporate surety thereon.

SECTION 4:

That in the event of any non-compliance by any person or entity conducting demolition or removal operations, all or a portion of the aforementioned $25,000.00 bond herein shall be subject to forfeiture in an amount commensurate with the reasonable expenses incurred by the City in undertaking maintenance and clean-up of any demolition or removal locations and/or the surrounding streets and roadways which, in the opinion of the Bellefonte City Building Inspector, are not in conformity with the provisions hereunder.

SECTION 5:

That the provisions of this Ordinance are in addition to any other local state of federal laws or regulations governing demolition or removal operations of homes, buildings or other structures.

SECTION 6:

That in addition to the provisions for bond forfeiture set forth hereinabove, any person or entity found to have conducted demolition or removal operations within the City of Bellefonte, Kentucky, not in conformity with these provisions shall be subject to a fine of not less than $25.00 nor more than $100.00 for each day such demolition or removal operations fail to conform with these provisions hereunder.

SECTION 7:

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

SECTION 8:

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 9:

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

Richard A.. Macomb
MAYOR, CITY OF BELLEFONTE, KENTUCKY

ATTEST:
Jean Frazier
CITY CLERK

FIRST READING: 8-22-92
SECOND READING: 8-24-92

ORDINANCE NO. 4-87

AN ORDINANCE OF THE CITY OF BELLEFONTE, KENTUCKY
CONCERNING THE ESTABLISHMENT AND MAINTENANCE OF DITCHES

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF BELLEFONTE, KENTUCKY:

1. Ditches established by either the natural flow of water or dug to control the flow of water from rain/runoff must be maintained by the property owner free of trash, leaves, brush, rubbish or other waste materials.
2. Property owners shall have the obligation to construct and/or maintain a ditch or pipe or culvert line on their property adjacent to the streets in the City if requested in writing by the building inspector so as to provide for the drainage of surface water in such a fashion as to keep the water from either eroding the base or foundation of the streets or flowing across or onto the streets.
3. No man-made ditch shall lie so as to deposit liquid or solid matter on adjoining property without the approval of the adjoining property owner and provision has been made by the adjoining property owner to dispose of it.
4. Materials used to line ditches or to control erosion must be stable so as not to be displaced. If material should be displaced onto adjoining property, the owner of the property from which the material was displaced must remove the material from the adjoining property or streets within seventy-two hours.
5. Property owners must obtain a permit from the building inspector to fill in a ditch if adjoining property will be affected. Pipe size and fill material must be approved by the building inspector in accordance with Kentucky requirements regulating same. It is the intent of the City to encourage property owners to replace ditches with permanent pipe and fill m~tori~l
6. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof in a court of competent jurisdiction, shall be fined not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00) for each violation committed, each day’s continuance of a violation constituting a separate offense, or imprisoned for not more than thirty (30) days, or both so fined and imprisoned, within the discretion of the judge or jury. In addition to the foregoing, the City, any property owner or any resident citizen aggrieved may proceed in the Circuit Court in and for Greenup County, Commonwealth of Kentucky, by way of injunction, to enforce the discontinuance of such violation or any situation or condition which may have been brought about or exist by reason of such violation of this ordinance and may, in addition to such injunctive relief, be awarded both compensatory and punitive damages for such violation.
7. All ordinances, parts of ordinances and amendments thereto in conflict herewith heretofore adopted by the Board of Commissioners of the City are hereby expressly repealed.
8. This ordinance shall be in full force and effect from and after its passage, approval and publication, as required by law.
9. Each section and each sentence of this ordinance is enacted separately and the invalidity 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.

ORDINANCE NO. 1 – 91

AN ORDINANCE OF THE CITY OF BELLEFONTE, KENTUCKY AMENDING ORDINANCE NO. 4-87 AND PROVIDING FOR CERTAIN MEASURES TO BE AVAILABLE TO THE CITY IN THE EVENT OF A FAILURE BY ANY LANDOWNER TO PROPERLY MAINTAIN DITCHES; AND OTHER MATTERS.

NOW BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF BELLEFONTE, KENTUCKY:

1. Ditches established by either the natural flow of water or dug to control the flow of water from rain/runoff must be maintained by the property owner free of trash, leaves, brush, rubbish or other waste materials.
2. Property owners shall have the obligation to construct and/or maintain a ditch or pipe or culvert line on their property adjacent to the streets in the City if requested in writing by the building inspector so as to provide for the drainage of surface water in such a fashion as to keep the water from either eroding the base or foundation of the streets or flowing across or onto the streets.
3. No man-made ditch shall lie so as to deposit liquid or solid matter on adjoining property without the approval of the adjoining property owner and provision has been made by the adjoining property owner to dispose of it.
4. Materials used to line ditches or to control erosion must be stable so as not to be displaced. If material should be displaced onto adjoining property, the owner of the property from which the material was displaced must remove the material from the adjoining property or streets within seventy-two hours.
5. Property owners must obtain a permit from the building inspector to fill in a ditch if adjoining property will be affected. Pipe size and fill material must be approved by the building inspector in accordance with Kentucky requirements regulating same. It is the intent of the City to encourage property owners to replace ditches with permanent pipe and fill material.
6. Should it be discovered that by reason of accumulation of trash, leaves, brush, rubbish or other waste materials within ditches as described in paragraph 1 herein above that a public nuisance, health hazard or source of filth has developed on said land, the Mayor or other responsible officer of the City shall give five (5) days written notice to said owner, occupant or person having control over said lots or parcels of land to remedy said situation. Upon the failure of the owner, occupant or person having control over said lots or parcels of land to comply, the Mayor or other responsible officer is authorized to send employees or contractors of the City upon the same property to remedy the situation. The City shall have a lien against the said property for the reasonable value of labor and materials used in remedying said situation. The affidavit of the City or other responsible officer shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to this ordinance and shall be recorded in the office of the County Court Clerk of Greenup County. The said lien shall be noticed to all persons from the time of its recording, shall bear interest at the lower of 18% per annum, or the highest rate permitted by applicable law from the time of recording until paid and may be foreclosed by appropriate action in the Circuit Court of Greenup County. If the City intends to claim a lien against the property, said notice of lien shall be mailed to the last known address of the owner of said property as said address appears on the current tax assessment roles of the City.
7. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof in a court of competent jurisdiction, shall be fined to less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00) for each violation committed, each day’s continuance of a violation constituting a separate offense, or imprisoned for not more than thirty (30) days, or both so fined and imprisoned, within the discretion of the judge or jury. In addition to the foregoing, the City, any property owner or any resident citizen aggrieved may proceed in the Circuit Court in and for Greenup County, Commonwealth of Kentucky, by way injunction, to enforce the discontinuance of such violation any situation or condition which may have been brought about or exist by reason of such violation of this ordinance and may, in addition to such injunctive relief, be awarded both compensatory and punitive damages for such violation.
8. All ordinances, parts of ordinances and amendments thereto in conflict herewith heretofore adopted by the Board of Commissioners of the City are hereby expressly repealed.
9. This ordinance shall be in full force and effect from and after its passage, approval and publication, as required by law.
10. Each section and each sentence of this ordinance is enacted separately and the invalidity 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.Richard A. Macomb

MAYOR, CITY OF BELLEFONTE, KENTUCKYATTEST:
Jean Frazier
CITY CLERK

FIRST READING: 5-31-91
SECOND READING: 6-4-91
PUBLICATION:

1. Front and Side Yard. No fence or wall shall be constructed or maintained in a front or side yard for the purpose of containment and at least seventy-five percent (75%) of the surface area of the fence must remain open and unobstructed. The maximum height shall be four (4) feet. No fence shall be maintained or constructed of metal such as chain link, wire mesh, or chicken wire: provided, however, a fence (or combination with a wall) may be built of wrought iron or similar material. No fence shall be built or maintained within two feet of a street, on or over a public utility line.
2. No fence or wall (including a retaining wall) shall have a height greater than six (6) feet, nor shall said fence materially obstruct the view from an adjoining landowner’s property. No fence shall be maintained or constructed of metal such as wire mesh. or chicken wire.
3. Permit. Prior to erection, a building permit issued by the building inspector who must approve fence location, type, design, and construction materials must be obtained. Appeals of the building inspector’s decisions may be made to the Board of Zoning Adjustment.
4. Maintenance. Fences must be kept painted and repaired as construction type dictates and free of unsightly vegetation. Fence lines must be kept neat and trimmed. Fences which become unsightly or fall into disrepair must be removed or repaired.

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

ORDINANCE NO. 3-88

AN ORDINANCE OF THE CITY OF BELLEFONTE , KENTUCKY, APPROVING A JOINT AND COOPERATIVE PROGRAM FOR SELF-INSURANCE, INSURANCE AND THE INVESTMENT OF PUBLIC FUNDS AMONG VARIOUS CITIES, URBAN-COUNTY GOVERNMENTS AND OTHER PUBLIC AGENCIES WITHIN THE COMMONWEALTH OF KENTUCKY; AUTHORIZING THE EXECUTION OF THE “INTERLOCAL COOPERATION AGREEMENT TO ESTABLISH THE KENTUCKY MUNICIPAL RISK MANAGEMENT ASSOCIATION” (the “INTERLOCAL Agreement”) UNDER WHICH THE PROGRAM WILL BE ORGANIZED AND FINANCED; AUTHORIZING THE ISSUANCE OF REVENUE BONDS UNDER THE TERMS AND Conditions SET FORTH IN THE INTERLOCAL AGREEMENT.

WHEREAS, the City of BELLEFONTE has experienced and is likely to continue to experience drastically rising insurance costs and the increasing unavailability of traditional insurance coverages and the elected officials of the City of BELLEFONTE are desirous of finding a stable, long-term solution to this problem; and

WHEREAS the City of BELLEFONTE is authorized by various sections of the Kentucky Revised Statutes to expend public funds to insure its public properties and its officers and employees against various public liability and property damage risks; and

WHEREAS, the City of BELLEFONTE is authorized by various sections of the Kentucky Revised Statues to join together with other public agencies for the purpose of self-insuring various public liability and property damage risks and investing public funds; and

WHEREAS, the Kentucky Interlocal Cooperation Act (the “Act”), KRS 65.210 to 65.300, inclusive, authorizes the City of BELLEFONTE to jointly exercise with other public agencies under an “interlocal cooperation agreement” any power or powers, privileges or authority exercised or capable of exercise by the City of BELLEFONTE and the other public agencies; and

WHEREAS, the Act further authorizes the City of BELLEFONTE and the other public agencies which are parties to an INTERLOCAL cooperation agreement to create a “separate legal or administrative entity,” which may be delegated power for conducting and administering the joint and cooperative undertaking for and on behalf of the participating public agencies; and

WHEREAS, the elected officials of the City of BELLEFONTE have determined that it would be in the best interests and welfare of the citizens of the city and to the advantage of the city in performing its public and governmental functions to join with various cities, urban-county governments and other public agencies of the Commonwealth of Kentucky for the purpose of undertaking joint and cooperative action to-create and establish the KENTUCKY MUNICIPAL RISK MANAGEMENT ASSOCIATION (the Association) as a separate legal and administrative entity and through the Association to create and administer various self-insurance, insurance and investment trusts in order to provide self-insurance and/or third-party insurance coverages against certain public liability and property damage risks, including, but not limited to, general, professional and auto liability and related claims; to provide self-insurance coverage against workers’ compensation and unemployment compensation liability; to provide life, health and health-related insurance coverages and to invest public funds; and

WHEREAS, the City of Bellefonte has been provided a copy of the INTERLOCAL COOPERATION AGREEMENT TO ESTABLISH THE KENTUCKY MUNICIPAL RISK MANAGEMENT ASSOCIATION (the Interlocal Agreements) and a copy of the Articles of Association and By-Laws of the Association and has reviewed said documents and found them to be acceptable.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BELLEFONTE, KENTUCKY AS FOLLOWS:

SECTION 1.

The City of Bellefonte hereby approves the joint and cooperative program for self-insurance, insurance and the investment of public funds among the City of Bellefonte and the other cities, urban-county governments and public agencies within the Commonwealth of Kentucky which become signatories to the Interlocal Agreement, including the financing of said program through the issuance of revenue bonds under the terms and conditions of the Interlocal Agreement.

SECTION 2.

The Mayor and the City Clerk of the City of Bellefonte are hereby authorized and directed to execute, acknowledge and deliver, on behalf of the City of Bellefonte, the Interlocal Agreement, substantially in the form attached hereto.

SECTION 3.

The City of Bellefonte hereby approves and ratifies the Articles of Association and By-Laws of the Association, substantially in the form attached hereto as Exhibit A to the Interlocks Agreement.

SECTION 4.

It is understood by the City of Bellefonte that by executing the Interlocal Agreement and thereby becoming a member of the Association, the City shall incur no liability for the payment of any funds and that it shall be necessary for the City to take further action prior to becoming a participating member. in any of the self-insurance, insurance or investment trusts which may be created by the Association.

SECTION 5.

The effectiveness of this ordinance is expressly conditioned upon the final approval of the Interlocal Agreement, substantially in the form attached hereto, by the Attorney General of the Commonwealth of Kentucky, as required by KRS 65.260(2), and by any other officer or agency of the Commonwealth of Kentucky, as may be required by KRS 65.300.

SECTION 6.

Subject to the limitation set forth in Section 5 above, this ordinance shall be in full force and effect upon its passage and approval.

INTRODUCED, SECONDED, AND GIVEN FIRST READING, at a duly convened meeting of the City Council (Commission) of the City of Bellefonte, Kentucky, held on the 26^th day of July, 1988.

INTRODUCED, SECONDED, AND GIVEN SECOND READING AND ENACTED, at a duly convened meeting of the City Council (Commission) of the City of Bellefonte, Kentucky, held on the 16^th day of August, 1988.

Richard A. Macomb
Mayor

Attest:
Jean Frazier
CITY CLERK

CERTIFICATION

I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the City of Bellefonte, Kentucky, and as such City Clerk I further certify that the foregoing is a true, correct and complete copy of an Ordinance duly adopted by the City Council of said City at a duly convened meeting held on the 16^th day of August, 1988, and signed by the Mayor as evidence of his approval, and now in full force and effect, all as appears from the official records of said City in my possession and under my control.

WITNESS my hand and the Seal of said City as of the 5^th day of September, 1988.
Jean Frazier
City Clerk
(SEAL)

SIGNATURE PAGE

IN WITNESS WHEREOF, the undersigned, a city and political subdivision of the Commonwealth of Kentucky, has caused this signature page to be executed as of this 6^th day of September, 1988, and hereby becomes a party to the INTERLOCAL COOPERATION AGREEMENT TO ESTABLISH THE KENTUCKY MUNICIPAL RISK MANAGEMENT ASSOCIATION, dated as of April 15, 1987, among the cities, urban-county governments and other public agencies and political subdivisions of the Commonwealth of Kentucky parties thereto.

CITY OF BELLEFONTE, KENTUCKY
Richard A. Macomb
Mayor

Attest
Jean Frazier
City Clerk
(Seal)

ACKNOWLEDGMENT

COMMONWEALTH OF KENTUCKY
COUNTY OF GREENUP

The foregoing instrument was acknowledged before me this 7^th day of September, 1988, by Richard A. Macomb, Mayor and Jean Frazier, City Clerk, respectively, of the City of Bellefonte, Kentucky, on behalf of the city party thereto.

My Commission Expires: 11-23-90
Caroline B. Sutton
Notary Public

Draftsman’s Certificate

This instrument was prepared by:
William A. Thielen
William A. Thielen
General Counsel

Kentucky Municipal League
PO Box 22736
Lexington, KY 40522
(606)257-3285

ORDINANCE NO. 1-87

AN ORDINANCE OF THE CITY OF BELLEFONTE,
KENTUCKY ESTABLISHING THE PLANNING AND ZONING
OF SAID CITY AND PROVIDING FOR ITS ENFORCEMENT
AND OTHER MATTERS

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF BELLEFONTE, KENTUCKY:

SECTION I. PURPOSE

The purpose of this ordinance is to prescribe, regulate, restrict and limit for the purpose of promoting the public health, safety, morals or the general welfare, regulations of and restrictions upon the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land, including the regulation and number of stories of buildings and other structures, the percentage of a lot that may be occupied by buildings and structures, the maximum number of families that may be housed in dwellings, the size of yards and other open spaces, the density of population and the location and use of such buildings, structures and land for residence or other purposes; and for said purposes to divide the City of Bellefonte, to provide a method of administration and enforcement and to provide penalties for the violation of the within provisions.

SECTION II. DEFINITIONS

For the purposes of this ordinance, certain terms are defined below:

• 1. “Carport” means a space or structure serving same or similar purpose as a garage, having a roof, but two or more sides are open or do not have a permanent wall.
  2. “City” means the City of Bellefonte, Kentucky.
  3. “Convalescent home” includes (I) a rest home or boarding home for the aged or mentally or physically infirm conducted within any abode, building, institutional residence, or ( ii ) home used for the reception and care of three or more unrelated persons who, by reason of age or mental or physical infirmities, are not capable of properly caring for themselves and regardless as to whether or not a license has been issued by the Commonwealth of Kentucky.
  4. “Corner lot” means a lot of which at least two adjacent sides abut for their full length and width upon two streets.
  5. “Dish antenna” means an outside accessory antenna that is linked to a receiver and used for the reception of signals transmitted via satellite by stations licensed by the Federal Communications Commission in the Radio Broadcast Services including AM, FM and television.
  6. “Front lot line” means in the case of a lot abutting upon only one street the line separating such lot from such street. In the case of any other lot, the owner shall, for the purpose of this ordinance, have the privilege of electing either street lot line as the front lot line provided it is so designated on the building plans filed for approval with the building inspector.
  7. “Front yard” means an open space extending the full width of the lot between the foundation of a building and the front lot line unoccupied from the ground upward except as may be hereinafter specified.
  8. “Garage” means a space or structure on the same lot with or in the building to which it is accessory, for private use, for storage only, having no public shop or service in connection therewith and in which no business or industry is conducted.
  9. “Habitable living space” means that part of a dwelling, exclusive of garages, breezeways, basements, porches, patios, carports, covered walks and attics.
  10. ” Interior lot” means a lot other than a corner lot.
  11. “Lot” means any plot of land occupied or intended to be occupied by one building or one unit group of buildings and its accessory buildings and using and including such open spaces appurtenant thereto not less than as required or permitted by the provisions of this ordinance. When two or more lots are consolidated, they should be considered as one lot.
  12. “Lot depth” means the distance measured in the mean direction of the side lot lines from the mid-point of the front lot line to the opposite rear lot line.
  13. “Lot of record” means a parcel of land which has been established as a lot on a plat, survey, or deed of record prior to the effective date of the original zoning ordinance of the City.
  14. “Lot width” means the mean width of a lot measured at right angles to its depth.
  15. “Major thoroughfares” means Bellefonte-Princess Road (State Route 5) and Country Club Drive (State Route 1093).
  16. “Person” or words purporting persons means firms, associations, partnerships (including without limitation, general and limited partnerships), joint ventures, societies, estates, trusts, corporations, public or governmental bodies, other legal entities and natural persons.
  17. “Rear lot line” means that lot boundary line which is opposite and most distant from the front lot line.
  18. “Rear yard” means an open space extending the full width of a lot between a building and the rear lot line, unoccupied from the ground upward except as may be specified below.
  19. “Rehabilitation center” means a home, center or other building used for the reception and care of persons (I) receiving treatment for excessive use of drugs or alcohol, or (ii) receiving rehabilitation from a correction institution regardless as to whether or not a license has been obtained from the Commonwealth of Kentucky.
  20. “Side lot line” means any lot boundary line not a front lot line nor a rear lot line.
  21. “Side yard” means an open space extending from the front yard to the rear yard between a building and the side lot line, unoccupied from the ground upward except as may be specified below.
  22. “Street” means any public way, square, lane or other way dedicated and set aside by easement or other appropriate method of acquisition thereof, a minimum of 40 feet in width. The paved portion of any street or public way shall be not less than 16 feet in width.
  23. “Street lot line” means a line dividing the lot from the street.

SECTION III . GENERAL PROVISIONS

Scope. Except as specified below, no building, structure or premises shall hereafter be used and no building or part thereof or other structure shall be erected, raised, moved, reconstructed, extended, enlarged or altered, except in conformity with the regulations contained in this ordinance.

SECTION IV. USES PERMITTED OR PROHIBITED

1. Permitted Uses. Within the limits of the City, no building structure or premises shall be used and no building or structure shall be erected for other than one or more of the following specified purposes.
   1. Dwellings. A one-family, single, detached house for one housekeeping unit only.
   2. Roomers and boarders. The leasing of rooms by a resident family, provided the total number of roomers and boarders does not exceed two unrelated persons in any one dwelling.
   3. Accessory uses and structures. Accessory uses or structures customarily incidental to any aforesaid permitted use and located on the same lot therewith, including garages, under conditions specified below, provided that such accessory uses shall not include any activity conducted for gain. However, more than two accessory buildings of any kind will require the consent of the Board of Zoning Adjustment whether free standing or connected to the main dwelling.
2. Conditionally Permitted Uses. Churches and other places of worship, country clubs, public schools and municipal buildings are permitted provided the following conditions are met:
   1. all structures and activity areas are at least 100 feet from all property lines;
   2. such development must be located on major thoroughfares or at intersections of a major thoroughfare and a local street:
   3. adequate off-street paved parking shall be provided;
   4. such use shall be properly landscaped to be harmonious with surrounding uses, especially residential areas: and
   5. all permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any other property or person.
3. Prohibited Uses. Within the limits of the City, no building, structure or premises shall be used and no building or structure shall be erected for other than one or more of the purposes specified above. The following uses are specifically prohibited:
   1. Any building, structure or premises intended or designed to be used in whole or in part for any trade, manufacturing or commercial purpose.
   2. House trailers and trailer parks.
   3. Rehabilitation center, convalescent home.
   4. Residence in accessory buildings is prohibited. The Board of Zoning Adjustment may, however, permit such use for persons employed on the premises and their immediate families.

SECTION V. AREA, HEIGHT AND YARD LIMITATIONS
AND REQUIREMENTS

• 1. Lots
     1. Lot area requirements. There shall be at least 10,000 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) feet and a minimum length of one hundred twenty (120) feet.
     2. Front yards. There shall be a front yard on every lot. Depth of any front yard shall be at least 30 feet, but in no event shall such depth be less than that required for buildings to be in alignment with other already existing buildings on adjoining lots. However, where a lot runs through a block from street to street, a front yard, as provided below, shall be required along each street lot line which is not a side street lot line.
     3. Rear yards. Every lot shall have a rear yard having a depth of at least 40 feet. Ground story rear projections from the building may extend ten feet into a required rear yard.
     4. Side yards. All dwellings shall have a minimum of 15 feet of side yard depth on each side of the dwelling except on corner lots. Any side yard along the side street lot line on any corner lot shall be at least 30 feet.
     5. Required yards cannot be used by another building. No part of a yard or other open space provided in connection with any building or structure for the purpose of complying with the provisions of this ordinance shall be included as a part of a yard or other open space required under this ordinance for another building or structure.
     6. No space necessary for compliance with the minimum side yard requirements for a lot 75 feet wide, as prescribed in this ordinance, shall be counted or included in or for the side yard of any other lot, regardless of change in ownership of land included within said prescribed side yard space. No lot shall be so reduced in area after enactment of this ordinance as to make a rear yard less deep than is prescribed by this ordinance for a lot 120 feet in depth.
     7. Where a corner lot adjoins another lot, no part of any accessory building within 30 feet of the common lot line shall be nearer a side street lot line than the least depth of any front yard required along such side street for a corresponding building on such adjoining lot, except that in the case of a narrow corner lot where compliance with this requirement would give an impracticable depth to a private garage, the Board of Zoning Adjustment may permit the construction of such garage as near to such side street lot line as will give a practicable depth, but in no such case shall any part of such garage project beyond the building to which it is necessary.
  2. Buildings and Structures
     1. Construction, alterations and maintenance within the City must preserve or be compatible with the unique architectural features and characteristics of the neighborhood.
     2. Dwelling area requirements. The minimum habitable living space required in any dwelling shall not be less than 1,400 square feet. The minimum habitable living space required on the ground floor of any dwelling containing more than one story shall be not less than 1,200 square feet.
     3. Height. No building or structure shall exceed two and one-half stories or thirty feet in height on the front or side facing the street, measured from the ground at the base of the building on such front or side.
     4. Rear dwellings. No building in the rear of a principal building on the same lot shall be used for residence purposes except only for domestic employees of the owners or of the tenants of the principal building.
     5. For purposes of the minimum distance from the lot line provided at Section V(1) above, garages, carports, storage sheds, decks, porches, gazebos or other structures having a height of 24 inches or more (excluding fences) shall be considered part of the building.
     6. No carport shall be permitted in the City which is a free standing structure, i.e. not attached to the dwelling.
     7. No patio, pavement or sidewalk shall be constructed or maintained within three (3) feet of a lot line

SECTION VI. DRIVEWAYS

1. Requirement. All lots containing a dwelling shall have driveways defined by paving with a solid material or a contained aggregate. No driveways will be permitted which are not so paved except during initial building construction
   .
2. Aggregate Driveways. Aggregate driveways must be constructed so as to contain the aggregate. Aggregate which spills or washes out or otherwise does not remain in the contained area must be returned to the contained area by the property owner within forty-eight hours of its leaving the contained area
3. Spaces. Each driveway shall provide parking space for at least two motor vehicles. For purpose hereof, a parking space shall have minimum length of ten ( 10) feet. No portion of a driveway on a street easement shall be considered available parking space.
4. Set In. No driveway, including driveway entry posts or pillars, shall be constructed or maintained within three (3) feet of a lot line.

SECTION VII . FENCES

• 1. Front and Side Yard. No fence or wall shall be constructed or maintained in a front or side yard for the purpose of containment and at least seventy-five percent (75%) of the surface area of the fence must remain open and unobstructed. The maximum height shall be four (4) feet. No fence shall be maintained or constructed of metal such as chain link, wire mesh, or chicken wire: provided, however, a fence (or combination with a wall) may be built of wrought iron or similar material. No fence shall be built or maintained within two feet of a street, on or over a public utility line.
  2. No fence or wall (including a retaining wall ) shall have a height greater than six (6) feet, nor shall said fence materially obstruct the view from an adjoining landowner’s property. No fence shall be maintained or constructed of metal such as wire mesh. or chicken wire.
  3. Permit. Prior to erection, a building permit issued by the building inspector who must approve fence location, type, design, and construction materials must be obtained. Appeals of the building inspector’s decisions may be made to the Board of Zoning Adjustment.
  4. Maintenance. Fences must be kept painted and repaired as construction type dictates and free of unsightly vegetation. Fence lines must be kept neat and trimmed. Fences which become unsightly or fall into disrepair must be removed or repaired.

SECTION VIII . DISH ANTENNAS

• 1. Prohibition. Except as otherwise provided in this Section, dish antennas are prohibited.
  2. Permit. Prior to installation, a building permit shall be issued by the building inspector who must approve location, base, alignment with grade, elevation, screening, wiring, size and design. Appeals of the building inspector’s decisions may be made to the Board of Zoning Adjustment.
  3. Set In. No dish antenna shall be located within 15 feet of any property I I ne .
  4. Size and Height. No dish antenna shall be greater than eleven feet above grade height if turned perpendicular to the ground and the maximum diameter of any dish antenna shall not exceed eight feet.
  5. Other Requirements:
     A dish antenna shall be:
     1. Located in the rear yard of the principal building or structure and concealed from view from the front street.
     2. Mounted in a concrete base in line with grade.
     3. Installed as close to grade elevations as possible.
     4. Placed where it offends the least and reduces visual blockage.
     5. Adequately screened, landscaped and painted.
     6. Open mesh type if possible.
     7. Wired underground.
     8. Properly maintained.
     9. Designed to withstand a wind force of up to seventy miles per hour.

SECTION IX. SIGNS

• 1. Prohibition. Except as otherwise provided by the City’s ordinances, all signs are prohibited, including signs announcing or supporting any person’s candidacy for an elected office or signs concerning ballot issues
  2. Exceptions.
     1. A resident is permitted to maintain a sign on the property and/or on the mailbox identifying the address and name of the resident, provided such sign is no larger than seventy-two ( 72 ) square inches in area.
     2. Real estate signs advertising the sale, rental or lease of only the premises on which they are maintained and not over six ( 6 ) square feet in area.
     3. No more than 3 signs may be erected identifying the time and location of a garage sale. Such signs may not be erected more than 48 hours prior to commencement of such sale and cannot exceed two ( 2 ) square feet in area. Such signs must be removed immediately after the sale.

SECTION X. RECREATIONAL FACILITIES

• 1. Playground Equipment. Playground equipment including swings, slides, seesaws, jungle gyms, teeter totters, carousels, etc. shall be erected and maintained only in rear yards and shall be at least ten (10) feet from any property line .
  2. Above Ground Pools. No above ground swimming pools having a diameter greater than 8 feet or an above ground height in excess of 3 feet shall be permitted in the City. Any swimming or wading pools shall be at least 15 feet from any property line.

SECTION XI. LAWN AND DRIVEWAY ORNAMENTS

Except for concrete or stone bird baths, no man-made lawn or driveway ornaments, including, but not limited to, flamingos, deer, lions, lawn jockeys and pagodas, shall be erected, placed or maintained in a front yard.

SECTION XII. STORAGE TANKS FOR HAZARDOUS AND VOLATILE SUBSTANCES

No storage tank, whether above or below ground shall be built, installed or maintained for storage of petroleum products or other hazardous or volatile substances on a lot used for a private residence except such storage tank as is necessary for home heating fuel.

SECTION XIII. GENERAL NUISANCES

No property owner shall permit any nuisance to be maintained or continue on their property. For purposes of this ordinance, a general nuisance shall be failure to maintain the general appearance of the property, allowing or permitting, on a continual or regular basis, noisome or noxious odors, smoke or loud or raucous noise to originate from their property which constitutes an annoyance to a reasonable person.

SECTION XIV. NONCONFORMING USES

• 1. Existing Nonconforming Buildings, Fixtures, Premises or Uses. Any building, structure, premises or use existing at the time of enactment of this ordinance may be continued, even though such building, structure or use does not conform with the provisions of this ordinance. Such existing nonconforming use may be hereafter extended throughout those parts of a building which were manifestly arranged or designed for such use at the time of the enactment of this ordinance. Notwithstanding the foregoing, any nonconforming use existing at the time of enactment of this ordinance may not be continued if such nonconforming use was a nonconforming use under the prior zoning ordinance of the City and such nonconforming use did not exist at the time of enactment of said ordinance.
  2. Extension of Buildings Containing a Nonconforming Use. No building or premises containing a nonconforming use shall hereafter be extended, unless such extension shall conform with the provisions of this ordinance, except as provided below.
  3. Nonconforming Use Is Discontinued. No building, structure or premises where a nonconforming use is discontinued for more than two years or superseded by a use permitted shall again be devoted to such prohibited use.
  4. Replacing Damaged Nonconforming Buildings. Any nonconforming building or structure damaged more than 65 percent of its then fair market value above the foundation at the time of damage by fire, flood, explosion, earthquake, war, riot or act of God shall not be reconstructed and used as before such calamity, but if damaged less than 65 percent it may be reconstructed or used, provided that it be done within twelve months of such calamity.
  5. Restoring Unsafe Buildings. Nothing contained in this Section XIV shall prevent the strengthening or restoring to safe condition of any part of any building or structure declared unsafe by the building inspector or from complying with his lawful requirements.

SECTION XV. REMOVAL OF NATURAL MATERIALS

Mining, drilling or removal of earth or gravel for commercial purposes is prohibited; provided, however, drilling may be conducted to provide water for the dwelling upon the lot on which such activity takes place and water may be provided to no more than two dwellings on adjoining lots or lots within 100 feet.

SECTION XVI. SUBDIVISION

No lot of record shall hereafter be subdivided without the consent of the Board of Zoning Adjustment.

SECTION XVII. BUILDING PERMITS

No person shall commence the construction of any building or addition or appurtenance thereto or the improvement thereof or the construction of any facility to be used in connection with any building, including, but not limited to, fences, dish antennas, surface water drainage, decks, garages, carports, porches, permanent swimming pools, gazebos or storage shed, within the corporate limits of the City without first having obtained a building permit from the building inspector of the City. The building inspector shall determine whether the proposed construction, reconstruction or alteration will be appropriate to the preservation of or be compatible with the unique architectural features and characteristics of the City and its neighborhoods. In passing upon appropriateness, the building inspector shall consider, in addition to any other pertinent factors, the architectural style, general design, arrangement, texture, material and color of the exterior architectural factors involved and the relation thereof to the exterior architectural factors of other structures in the City and neighborhood. The building inspector shall be provided with such plans, drawings and other information about the construction, reconstruction or alteration as he may in his discretion reasonably request both prior to and during construction.

SECTION XVIII. BUILDING INSPECTION

No person engaged in the construction of any building or any addition or appurtenance thereto, or any improvement thereof, or any facility to be used in connection therewith, nor his contractor, agents, servants or employees shall permanently conceal from view any plumbing or sanitary facility or any electrical wiring or installation without first notifying the building inspector that such concealment is imminent and affording the building inspector a reasonable opportunity to inspect the same before concealment thereof.

SECTION XIX. CERTIFICATE OF OCCUPANCY

• 1. Requirement. No building or other structure or portion thereof hereafter erected or altered in its use or structure shall be used or occupied until the building inspector shall have issued a certificate of occupancy stating that such building or structure or portion thereof and the proposed occupancy or use thereof are found to be in conformity with the provisions of the zoning ordinance of the City.
  2. Appeals. The building inspector shall make his final inspection within five days after notification that a building or structure is ready for occupancy. Should the building inspector refuse to issue a certificate of occupancy, he shall state his reasons for such refusal in writing and shall immediately thereupon mail notice of such refusal and the reasons therefor to the applicant at the address indicated on the application. An appeal may be taken to the Board of Zoning Adjustment from such refusal by the building inspector.

SECTION XX. BUILDING INSPECTOR

• 1. Appointment. The position or office of building inspector of the City is hereby created and the building inspector shall be appointed by the Mayor with the consent of the Board of Commissioners.
  2. Appeals. Should the building inspector refuse to grant a permit, any person feeling aggrieved by the decision of the building inspector may appeal to the Board of Zoning Adjustment.

SECTION XXI. BOARD OF ZONING ADJUSTMENT

• 1. Appointment and Composition. A Board of Zoning Adjustment, consisting of five members, shall be appointed by the Mayor with the approval of the Board of Commissioners. All members of said Board of Zoning Adjustment shall serve without compensation.
  2. Rules and Regulations. The Board of Zoning Adjustment shall have the power to adopt rules and regulations for its own government, not inconsistent with law or with the provisions of this and of any other ordinance of the City.
  3. Meetings. Meetings of the Board of Zoning Adjustment shall be held at the call of the Chairman of the Board of Zoning Adjustment and at such other times as the Board of Zoning Adjustment may determine. The Chairman, or in his absence, the acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board of Zoning Adjustment shall be open to the public.
  4. Procedure. The Board of Zoning Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examination and other official actions, all of which shall be immediately filed in the office of the Board of Zoning Adjustment and shall be a public record.
  5. Vote. The concurring vote of four members of the Board of Zoning Adjustment shall be necessary to grant a special exception or a variance.
  6. Powers. The Board of Zoning Adjustment shall have the following powers:
     1. Special exceptions and variance. I n addition to the special exceptions heretofore provided in this ordinance, the Board of Zoning Adjustment shall have the power to permit in specific cases such special exception or variance from the terms of this ordinance as will not be contrary to the public interest where a literal enforcement of the provisions of the ordinance will result in unnecessary hardship and so that the spirit of the ordinance shall be observed and substantial justice done.
     2. Temporary uses. The Board of Zoning Adjustment may grant a temporary and conditional permit for a use that does not conform to regulations prescribed in this ordinance, provided that such use is of true temporary character and does not involve the erection of substantial buildings. Such permit shall be granted in the form of a revocable permit for not more than a twelve month period subject to such conditions as will safeguard the public health, safety, convenience and general welfare.
     3. Public hearings. The Board of Zoning Adjustment shall fix a reasonable time for the hearing of any application for special exception and shall give notice thereof by mail to the applicant and by posting notice in three public places at least three days before the time when such application shall be considered by the Board of Zoning Adjustment and in compliance with KRS Chapters 100 and 424. Upon the hearing, any party may appear in person or by attorney and the Board of Zoning Adjustment shall decide the application within a reasonable time.
  7. Appeals. Appeals to the Board of Zoning Adjustment may be taken by any property owner, resident citizen or by any officer of the City affected by any ruling of any administrative officer administering any portion of this ordinance and such appeal shall be taken within a reasonable time as provided by the rules of the Board of Zoning Adjustment, by filing with the Board of Zoning Adjustment a notice of appeal specifying the grounds thereof .

SECTION XXII. ENFORCEMENT

It shall be the duty of the building inspector, Board of Commissioners and Board of Zoning Adjustment to enforce this ordinance.

SECTION XXIII. VIOLATIONS AND PENALTIES

Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof in a court of competent jurisdiction, shall be fined not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00) for each violation committed, each day’s continuance of a violation constituting a separate offense, or imprisoned for not more than thirty ( 30 ) days, or both so fined and imprisoned, within the discretion of the judge or jury. In addition to the foregoing, the City, property owner or any resident citizen aggrieved may proceed in the Circuit Court in and for Greenup County, Commonwealth of Kentucky, by way of injunction, to enforce the discontinuance of such violation or any situation or condition which may have been brought about or exist by reason of such violation of this ordinance and may, in addition to such injunctive relief, be awarded both compensatory and punitive damages for such violation.

SECTION XXIV. REPEAL OF CONFLICTING ORDINANCES

All ordinances, parts of ordinances and amendments thereto in conflict this ordinance previously adopted by the Board of Commissioners of the City are hereby expressly repealed.

SECTION XXV. SEVERABILITY

Each section and each sentence of this ordinance is enacted separately and the invalidity 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 XXV I . EFFECTIVE DATE

This ordinance shall be in full force and effect from and after its passage, approval and publication, as required by law.

ORDINANCE NO. 5-87

AN ORDINANCE OF THE CITY OF BELLEFONTE, KENTUCKY CONCERNING PARKING

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF BELLEFONTE, KENTUCKY:

1. No heavy equipment or vehicles shall be stored or parked in the City. Infrequent, short-term parking of vehicles for building, road maintenance, construction, conveying tools and materials to premises where labor using such tools and materials is being performed, delivering goods to a residence, or moving furniture to or from a residence, all only during the time such parking is actually necessary, is hereby excepted from this section.For purposes of this section, “heavy equipment or vehicles” means (i) any vehicle generally used or designed to be used for business or commercial purposes and includes, but is not limited to, a bus, cement truck, commercial tree-trimming equipment, construction equipment, dump truck, garbage truck, panel truck, semitractor, semitrailer, stake bed truck, step van, tank truck, tar truck, asphalt paving equipment, backhoe, mining equipment, bulldozer, commercial tractor, crane, farm equipment and tow truck. or ( ii ) any vehicle exceeding one ton in load capacity.
2. Trailers and recreational vehicles ( including but not limited to, boat, cargo, horse, camping, travel or other similar trailers, motorhomes, boats, race cars, and off-road vehicles) may be parked or stored for a period not to exceed two (2) weeks, unless stored in a garage or carport, or in a rear yard concealed from view from the front street. It shall be illegal for such vehicles to be lived in or occupied by any persons while located in the City.
3. Not more than one (1) wrecked or otherwise inoperable motor vehicle shall be allowed per dwelling. Such vehicles may be parked or stored only for a period not to exceed two (2) weeks, unless such vehicle is stored in a garage .
4. Except as provided by Section 2 above, vehicle parking shall be limited to driveways, parking pads, garages and carports.
5. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof in a court of competent jurisdiction, shall be fined not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00) for each violation committed, each day’s continuance of a violation constituting a separate offense, or imprisoned for not more than thirty ( 30 ) days, or both so fined and imprisoned, within the discretion of the judge or jury. In addition to the foregoing, the City, any property owner or any resident citizen aggrieved may proceed in the Circuit Court in and for Greenup County, Commonwealth of Kentucky, by way of injunction, to enforce the discontinuance of such violation or any situation or condition which may have been brought about or exist by reason of such violation of this ordinance and may, in addition to such injunctive relief, be awarded both compensatory and punitive damages for such violation.
6. All ordinances, parts of ordinances and amendments thereto in conflict herewith heretofore adopted by the Board of Commissioners of the City are hereby expressly repealed.
7. This ordinance shall be in full force and effect from and after its passage, approval and publication, as required by law.
8. Each section and each sentence of this ordinance is enacted separately and the invalidity 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.

ORDINANCE NO. 2–1989

AN ORDINANCE OF THE CITY OF BELLEFONTE, KENTUCKY, ESTABLISHING A REGULAR POLICE FORCE TO PERFORM DUTIES WITHIN THE CITY UPON CERTAIN TERMS INCLUDING THE NUMBER OF OFFICERS AND THE MEN OF SUCH FORCE AND THE MANNER OF THEIR APPOINTMENT; PROVIDING FOR COMPENSATION AND SALARY FOR ITS MEMBERS; RULES AND REGULATIONS GOVERNINGTHE POWERS AND DUTIES OF MEMBERS OF SUCH FORCE; AND OTHER MATTERS.

BE IT ORDAINED by the Board of Commissioners of the City of Bellefonte, Kentucky, as follows:

SECTION 1

That a Police Department of the City of Bellefonte, Kentucky, be and the same is hereby established.

SECTION 2.

That said Police Department be composed and consist of a Chief of Police and such other additional policemen as the City of Bellefonte, Kentucky, Board of Commissioners may deem necessary as members of said Police Department.

SECTION 3.

That said Chief of Police and other policemen as members of said Police Department be paid a salary which shall be set from time to time by the Board of Commissioners as conditions warrant, and that said salary shall be in lieu of any fees that any member of the Police Department may become entitled to by law and that any of said fees shall be paid into the City Treasury.

SECTION 4.

That said Chief of Police and other policemen as members of said Police Department shall have generally those powers and duties necessary to enforce the laws of the Commonwealth of Kentucky and the ordinances of the City of Bellefonte Kentucky, and such other powers and duties as may be established from time to time by the Board of Commissioners as conditions warrant.

SECTION 5.

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

SECTION 6.

• 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 7.

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

Richard a. Macomb
MAYOR, CITY OF BELLEFONTE, KENTUCKY

ATTEST:
Jean Frazier
City Clerk

First Reading 2-27-89
Second Reading 3-27-89

ORDINANCE NO. 4, 1988

AN ORDINANCE OF THE CITY OF BELLEFONTE, KENTUCKY ESTABLISHING AN AD VALOREM TAX TO ASSIST IN THE PAYMENT OF POLICE PROTECTION FOR THE CITY OF BELLEFONTE, KENTUCKY AND OTHER MATTERS.

WHEREAS, the City of Bellefonte, Kentucky needs additional tax based revenue to provide police coverage as currently being provided by the City, and,

WHEREAS, that protection in the past has been provided by a special charge to the residence which is to be dropped in the event that the tax as requested is passed,

NOW BE IT ORDAINED BY THE CITY COUNCIL of the City of Bellefonte, Kentucky as follows:

SECTION 1.

That there shall be a tax established on an ad valorem basis based upon fair cash value of all property within the City of Bellefonte, Kentucky to be applied only for the providing of police protection within the City of Bellefonte, Kentucky.

SECTION 2.

That that tax shall be at the rate of $ 0.1050 per $100.00 of assessed valuation of all property within the City.

SECTION 3.

That this tax shall be assessed and collected on a yearly basis, and the proceeds from this tax every year until such time as it is repealed shall be applied only to the payment of police protection within the City.

SECTION 4.

That these monies shall be kept by a separate accounting to be provided only for police and fire protection but may be co-mingled in the general funds of the City subject to the restriction that they are not to be expended for any other purpose other than as stated herein.

SECTION 5.

That this tax shall become effective January 1, 1989 and shall first be included upon the residence tax bills for the calendar year 1989.

SECTION 6.

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

SECTION 7.

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 8.

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

Richard A. Macomb
Mayor
City of Bellefonte, Kentucky

Attest:
Jean Frazier
City Clerk

First Reading: Aug 22, 1988
Second Reading: Nov 28, 1988

ORDINANCE NO. 9-87

AN ORDINANCE OF THE CITY OF BELLEFONTE, KENTUCKY CONCERNING SANITATION

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF BELLEFONTE, KENTUCKY:

1. All persons producing garbage and refuse shall deposit all garbage and refuse in metal or plastic containers. All containers for garbage shall have tight fitting lids. All garbage or refuse containers shall be placed on the residence property at a convenient place for pick up and disposal purposes. Refuse containers shall be made of durable, water-tight, rust-resistant material having a close fitting lid and handles to facilitate collection .
2. It shall be unlawful to place or allow to accumulate refuse in any street, alley, stream, body of water or any other public place. It shall be unlawful to place or allow to accumulate refuse upon private property, whether owned or not, unless such refuse is placed in an approved container.
3. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof in a court of competent jurisdiction, shall be fined not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00) for each violation committed, each day’s continuance of a violation constituting a separate offense, or imprisoned for not more than thirty ( 30 ) days, or both so fined and imprisoned, within the discretion of the judge or jury. In addition to the foregoing, the City, any property owner or any resident citizen aggrieved may proceed in the Circuit Court in and for Greenup County, Commonwealth of Kentucky, by way of injunction, to enforce the discontinuance of such violation or any situation or condition which may have been brought about or exist by reason of such violation of this ordinance and may, in addition to such injunctive relief, be awarded both compensatory and punitive damages for such violation.
4. All ordinances, parts of ordinances and amendments thereto in conflict herewith heretofore adopted by the Board of Commissioners of the City are hereby expressly repealed.
5. This ordinance shall be in full force and effect from and after its passage, approval and publication, as required by law.

ORDINANCE NO. 7-87

AN ORDINANCE OF THE CITY OF BELLEFONTE,
KENTUCKY CONCERNING SOLICITING

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF BELLEFONTE KENTUCKY:

1. A permit shall be required by any solicitors within the City to be issued by the City Clerk upon the payment of a $2.00 registration fee.

2. Any permit issued hereunder shall not exceed one (1) year in duration. The City Clerk or other responsible officer of the City shall be provided with such identification and other information about the solicitors and solicitation as he or she in their discretion reasonably request, both prior to the issuance of a permit and during the solicitation. Such permit will not be issued or will be revoked if such solicitors or solicitation is adjudged by the City Clerk or other responsible officer of the City to constitute an annoyance or nuisance to a reasonable person.
3. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof in a court of competent jurisdiction, shall be fined not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00) for each violation committed, each day’s continuance of a violation constituting a separate offense, or imprisoned for not more than thirty ( 30) days, or both so fined and imprisoned, within the discretion of the judge or jury. In addition to the foregoing, the City, any property owner or any resident citizen aggrieved may proceed in the Circuit Court in and for Greenup County, Commonwealth of Kentucky, by way of injunction, to enforce the discontinuance of such violation or any situation or condition which may have been brought about or exist by reason of such violation of this ordinance and may, in addition to such injunctive relief, be awarded both compensatory and punitive damages for such violation.
4. All ordinances, parts of ordinances and amendments thereto in conflict herewith heretofore adopted by the Board of Commissioners of the City are hereby expressly repealed.
5. This ordinance shall be in full force and effect from and after its passage, approval and publication, as required by law.
6. Each section and each sentence of this ordinance is enacted separately and the invalidity 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.

SUBDIVISION REGULATIONS

BELLEFONTE KENTUCKY

Table of Contents

ARTICLE I Purpose/Authority

1.1 Purpose
1.2 Title
1.3 Legislative Authority
1.4 Area of Jurisdiction
1.5 Application
1.6 Administration
1.7 Definition of Subdivision

ARTICLE II Procedures for Submitting and Approving Plats

2.1 Purpose
2.2 Differences
2.3 Overall Procedures
2.4 Commercial Property – Exception to Overall Procedures
2.5 Advisory Meeting with the Planning Commission
2.6 Preliminary Plat Filing and Approval Procedures
2.7 Final Plat Filing and Approval Procedures
2.8 Fees
2.9 Application Forms

ARTICLE III Plat Format and Content Requirements

3.1 Purpose
3.2 Preliminary Plat
3.3 Final Plat

ARTICLE IV Improvements Required as Prerequisite to Final Plat Approval
4.1 Purpose 25
4.2 Approval of Improvements
4.3 Monuments
4.4 Streets
4.5 Curbs and Gutters
4.6 Utilities and Drainage Facilities
4.7 Street Name Signs

ARTICLE V Subdivision Design Standards

5.1 Purpose
5.2 General Requirements
5.3 Suitability of the Land for Subdivision Development
5.4 Streets
5.5 Blocks
5.6 Lots
5.7 Erosion Protection
5.8 Utility and Drainage Easements
5.9 Conformance with Zoning and Other Regulations
5.10 Large Tracts or Parcels
5.11 Natural Environmental Considerations
5.12 Self-Imposed Restrictions
5.13 Construction Procedures

ARTICLE VI General Provisions

6.0 Variances
6.1 Violations and Penalties
6.2 Separability
6.3 Definitions
6.4 Amendments
6.5 Previous Regulations
6.6 Adoption and Effective Date

SUBDIVISION REGULATIONS

BELLEFONTE, KENTUCKY

MARCH 1990

(As Amended July 8, 1996)

ABSTRACT

TITLE Subdivision Regulations Bellefonte SUBJECT: A text for subdivision development to be used by the Greenup County Joint Planning Commission in administrating subdivision regulations for the City of Bellefonte. LOCAL PLANNING AGENCY: Greenup County Joint Planning Commission

ABSTRACT/TEXT: These subdivision regulations prepared for the City of Bellefonte, Kentucky by the Greenup County Joint Planning Commission through the technical assistance of the FIVCO Area Development District, Inc., are for the City of Bellefonte, Kentucky. The Greenup County Joint Planning Commission merely administers these regulations for the city as dictated by them. These subdivision regulations are intended to be as complete as possible and designed specifically for the City of Bellefonte, Kentucky taking into account the local needs. Occasionally, it may be necessary to add and/or modify these regulations as changes occur and patterns develop.

SUBDIVISION REGULATIONS

Bellefonte, Kentucky

ARTICLE I

PURPOSE/AUTHORITY

1.1 Purpose

These subdivision regulations are designed to encourage the development of residential subdivisions, according to recognized standards which provide for sound, efficient and economical development to insure that future growth will be orderly and conductive to the provision of minimum outlay of public and private expenditures in providing services to developing areas; to provide for adequate and convenient open spaces for utilities, recreation, light, air, and access of fire fighting equipment; to avoid population congestion through requirements for minimum lot widths and lot areas; to provide for provision of water, drainage, sewer and other sanitary facilities; and to reduce flood damage potentials to the greatest extent possible.

1.2 Title

These regulations shall be known and may be cited as the “Subdivision Regulations for Bellefonte, KY.” A certified copy of these regulations are on file with the County Clerk of Greenup County, Kentucky.

1.3 Legislative Authority

The regulations are adopted by the City of Bellefonte for authority granted by the Kentucky Revised Statutes, Chapter 100.

1.4 Area of Jurisdiction

The provisions of these regulations shall apply to all lands within the city limits of Bellefonte.

1.5 Application

No land within the area of jurisdiction shall be subdivided, nor shall any lot be sold or building erected in a subdivision as herein defined, until a final plat of the subdivision is approved by the Greenup County Joint Planning Commission and the plat properly filed and recorded by the Greenup County Court Clerk.

In their interpretation and application, the provisions of these regulations shall be shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and general welfare. Whenever the provisions of these regulations are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants, that provision which is more restrictive or imposes higher standards of requirements shall govern.

1.6 Administration

These regulations shall be administered by the Greenup County Joint Planning Commission. All applications, fees, maps, and documents relative to subdivision approval shall be submitted to the Bellefonte Zoning Officer for review by City Council and forwarding to the Planning Commission.

The Greenup county Joint Planning Commission shall handle the daily administration of these regulations and may seek advice from planning consultants or other local, regional and state agencies, regarding subdivision proposal and will coordinate all plats with the Council of the City of Bellefonte. Realizing that these administrative subdivision regulations are for the City of Bellefonte and the Planning Commission in every way attempt to seek input from the Council of the City of Bellefonte citizens residing therein.

1.7 Definition of Subdivision

As defined in Kentucky Revised Statutes, Chapter 100, Section III, a “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 purposes into lots or parcels of five acres or more and not involving a new street shall not be deemed a subdivision. The term includes re-subdivision and when appropriate to the context, shall relate to the process of subdivision or to the land subdivided.”

ARTICLE II

PROCEDURES FOR SUBMITTING AND APPROVING PLATS

2.1 Purpose

These subdivision regulations are intended to insure sound subdivision development that is consistent with the community goals and plans and to safeguard the interest of the home owner, the subdivider, the investor and the unit of local government. Subdivision regulations are enforced by the Greenup County Joint Planning Commission through the process of reviewing preliminary and final plats of proposed subdivisions. The purpose of this Article is to establish the procedures which shall be followed by the developer and Greenup County Joint Planning Commission in preparing, reviewing and approving all subdivision plats.

2.2 Differences Between “Preliminary” Plat and “Final” Plat

The preliminary plat is the community’s (through the Planning Commission) first opportunity to review the proposed development and coordinate it with other existing and proposed developments. Prior to the approval of the preliminary plat, there should be no physical improvements or installation of utilities. The approved preliminary plat drawings are those from which specific construction work on the subdivision can proceed.

The final plat includes more precise and more inclusive engineering data on lot dimensions and bearings as well as engineering construction drawings or major improvements such as streets and water and sewer facilities. The final plat also includes the several certificates of approval from various agencies and authorities in the City. Also, approval of the final plat means that all physical improvements to the property have been made or a performance bond has been filed with the City of Bellefonte to insure that these required physical improvements are made. The final plat, once approved and recorded, in the County Clerk’s Office is a legal document from which land transactions are made.

2.3 Overall Procedures

The procedure for obtaining approval of a subdivision plat generally includes three steps:

1. Advisory meeting with Bellefonte City Council
2. Preliminary plat review and approval
3. Final plat review and approval

2.4 Minor Subdivisions-Exception to Overall Procedures

1. All subdivision of land shall be subject to the preliminary and final plat requirements present herein, except where a subdivision is of property which is zoned for commercial use according to the City of Bellefonte Zoning Map.
2. 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. (Amended July 8, 1996)

2.5 Advisory Meeting With The Planning Commission Bellefonte City Commission (Amended July 8, 1996)

1. Before preparing the Preliminary Plat and submitting it to the Bellefonte City Council for Approval, the subdivider should meet and consult informally with the Council for the purpose of ascertaining the locations of proposed major streets, parks, playgrounds, school sites, and other planned projects which may affect the property being considered for subdivision.

At the same meeting, the subdivider should review with the Bellefonte City Council the minimum standards of subdivision design set forth in Article V. This informal review should prevent unnecessary and costly revisions in the layout and development of the subdivision.

Formal application or filing of a plat with the Planning Commission is not required for this informal advisory meeting. The meeting is for the protection of the subdivider and might save him unnecessary time and costs for redesign.

• • Whenever part of a tract is proposed to be subdivided and it is intended to subdivide additional parts of the tract in the future, a sketch plan for the entire tract shall be presented to the Planning Commission at the same time the Preliminary Plat for the first part of the tract to be platted is submitted.

2.6 Preliminary Plat Filing and Approval Procedures

After meeting informally with the Bellefonte City Council as described in Section 2.5, the subdivider shall cause to be prepared a preliminary plat prior to making any improvements or installation of any utilities. The plat format and content requirements are detailed in Article III. The following define the procedures leading to preliminary plat approval:

o    Plat Preparation by: The subdivider shall have a registered surveyor, registered engineer, landscape architect, architect, or urban planner (provided that engineering data is supplied by a registered engineer or surveyor for landscape architects, architects and urban planners) prepare the preliminary plat in conformance with the format design and improvement requirements of these regulations. Utility companies and other concerned city and county agencies shall be consulted before the preliminary plat is prepared.

o    Formal Application and Submission: Ten copies of the preliminary plat and supplementary material specified in Section 3.2 shall be submitted to the Administrative Officer of the Planning Commission (i.e. Bellefonte Zoning Officer) and fees paid at least 10 days prior to the meeting at which it is to be considered. When deemed necessary by the Planning Commission, improvement drawings as in Section 3.3-C-3 shall be submitted prior to approval of the preliminary plats.

o    Distribution and Review of Plats: The Commission shall make copies of the preliminary plat available to all concerned city and county agencies including but not limited to the following: county health officer, soil conservation service, water and sewer agencies, electric and gas utility companies, and the State Highway District Office. The commission will consider all comments form these agencies before making recommendations on the plats.

In the event individual (package plant) sewage disposal systems is planned the subdivider will provide the Planning Commission with written approval from the State Department of Natural Resources and Environmental Protection.

o    Public Hearing Notice: Upon receipt of the ten copies of the Preliminary Plat and other required data, and the written application form, the Planning Commission shall set a place and date for a public hearing. At this time every effort should be made to receive input from the City of Bellefonte. The Planning Commission shall notify the subdivider by certified mail of the time and place of the meeting not less than seven days before the date fixed for the meeting.

Similar notice shall be mailed to the owners of land immediately adjoining the area proposed to be platted as shown on the proposed subdivision. The names and mailing addresses of these persons shall be provided to the Planning Commission by the subdivider.

Additional notice will be by general publication and shall appear at least seven (7) days and no more than twenty-one (21) days prior to the date set for the public hearing.

o    Planning Commission Review: Following the hearing, the Planning Commission shall consider the Preliminary Plat. The Commission shall consider the comments and opinions expressed at the public hearing but the Commission shall be responsible for reaching its own conclusions on the merits of the proposed subdivision. In determining whether an application for approval for a preliminary plat shall be granted, the Commission shall determine if the plat provides for:

• County Health Officer’s approval;
• Coordination of subdivision streets with existing and planned streets;
• Coordination with and extension of facilities included in the Comprehensive Plan;
• Establishment of minimum width and area of lots within the projected subdivision; in accordance with existing zoning ordinance;
• Distribution of population and traffic in a manner tending to create conditions favorable to health, safety, convenience, and the harmonious development of the area;
• Fair allocations of areas for streets, parks, schools, public and semi-public buildings, homes, utilities, business and industry.

As a condition of approval of a plat, the Commission may specify:

• The manner in which streets shall be laid out, graded, and improved;
• Provisions for water, sewage and other utility services;
• Development with respect to school location;
• Provision for essential municipal services;
• Provision and/or location of recreation facilities;
• Proper minimum width and area for each lot.

1. Planning Commission Action: Following review of the Preliminary Plat and other material submitted for conformity to these regulations, and discussions with the subdivider on changes deemed advisable, and the kind and extent of improvements to be made by him, the Planning Commission shall do the following:
2. Within 45 days after the hearing on the preliminary plat, shall approve, disapprove or approve subject to modifications the said plat.
3. Approval of the preliminary plat shall not constitute acceptance of the final plat. Approval means the developer is authorized to proceed with physical improvements in the proposed subdivision and to proceed with the preparation of the final plat. Lots shall not be sold until a final plat has been approved and recorded.

The approval of the preliminary plat shall lapse unless a final plat based thereon is submitted within one year from the date of such approval. An extension of time may be applied for and granted by the Planning Commission if just cause is shown. Otherwise the approval process shall begin with another public hearing.

o    Disapproval: If a plat is disapproved, reasons for such disapproval will be stated in writing. Criteria for disapproval can be any of the standards, purposes or objectives of this regulation or the comprehensive plan or elements thereof.

o    Approval subject to modifications: If approved subject to modifications, the nature of the required modifications shall be indicated in writing. The subdivider may proceed but only after corrected preliminary plats have been submitted to the Commission or the Commission’s designee.

2. The action of the Planning Commission shall be noted on three copies of the preliminary plat with any notations made at the time of approval or disapproval of the specific changes required. One copy shall be returned to the subdivider and the other retained by the Planning Commission and City Council of Bellefonte.

2.7 Final Plat Filing and Approval Procedures

A final plat meeting the format and content requirements of Article III and the design standards of Article IV may be submitted after approval of the preliminary plat. The following define the procedures leading to final plat approval. Prior to final plat approval the subdivider shall not sell or agree to sell any lot.

1. Plat Preparation By: The subdivider shall have a registered surveyor, registered engineer, landscape architect, architect, or urban planner (provided that engineering data is supplied by a registered engineer or surveyor for landscape architects, architects and urban planners) prepare the final plat in conformance with the format design and improvement requirements of these regulations. Utility companies and other concerned city and county agencies shall be consulted before the final plat is prepared.
2. Conformance With Preliminary Plat: The final plat shall conform to the Preliminary Plat as approved by the Planning Commission and shall incorporate all modifications and revisions specified by the Commission in its original approval of the Preliminary Plat. Otherwise, the plat shall be considered as a revised Preliminary Plat.
3. Formal Application:
4. Six copies of the final plat together with attachments as may be required under Section 3.3 C and D, a formal application form and fees shall be submitted to the Planning Commission by the subdivider at least 10 days prior to the meeting at which it is to be considered.
5. Unless a time extension has been requested by the subdivider and granted by the Commission, all final plats shall be submitted within 12 months of the approval date of the preliminary plat. If a time period in excess of 12 months elapses, the preliminary plat must be resubmitted and approved before a final plat approval can be considered unless the subdivision is developed in stages as set out above in Section 2.6 F 1.a.
6. Distribution and Review of Plats: The commission shall make copies of the final plat available to all concerned city and county agencies. The Commission will consider all comments from these agencies before making a recommendations on the plat. Distribution shall be but not limited to:
7. One copy of the final plat shall be transmitted to the City or County Engineer or the City’s designee who will check said plat as to computations, certification, monuments, etc., and that all required improvements have been completed to the satisfaction of the City or County officials, having jurisdiction, or in case a security bond or certified check has been posted in lieu of completing said improvements that the amount posted is sufficient to cover the cost of the required improvements. If found satisfactory, he will return the copy of the final plat to the Planning Commission with his approval certified thereon within 10 days of receipt thereof.
8. One copy shall be transmitted to the County Health Officer when individual sewage disposal or water supply systems are to be installed. If the plat meets the approval of the Health Officer he shall return the copy with his approval certified thereon within 10 days of receipt thereof.
9. In the event of the individual (package plants) sewage disposal systems the State Department of Natural Resources and Environmental Protection or other appropriate state agency shall provide written approval of the installed system prior to approval by the Planning Commission.
10. Planning Commission Review and Action: The Planning Commission will review the final plat at its regularly scheduled meeting following the timely submission of the application and all supporting material.

Within 45 days after the review of the final plat the planning commission shall take one of the following actions:

1. Approval-Means the final plat has been signed by the Chairman of the Commission and may be recorded. After recording, the developer may sell or agree to sell lots by reference to the approved and recorded final plat. Commission approval shall not be deeded to constitute or effect an acceptance by the City or County of the dedication of any street or other proposed space offered for dedication, since such acceptance is the prerogative of the City and County legislative bodies.
2. Conditional Approval-Means the developer may proceed as outlined above under E 1. Approval, but only after he has meet the conditions attached to the approval.
3. Postponement-Means the Commission has deferred action until some future Commission meeting in order that certain clarification can be made in regard to the plat.
4. Disapproval-Means complete denial of the final plat. Grounds for disapproval will be stated in the minutes of the Planning Commission. To request another review and action, the developer must revise his plat to conform to Commission requirements and resubmit a new final plat.
5. After Commission action, three copies of the plat will be marked in conformance with the Commission’s action and the developer shall be notified in writing of the Commission’s action and requested to pick up his plat.
6. Recording of Final Plat: Within 60 days of the Commission’s approval, unless a time extension has been granted by the Commission previous to the expiration date, a certified copy of the final plat shall be filed for recording in the County Clerk’s Office. The Commission’s action is also voided if the certified plat is altered in any manner (except for Commission requirements) between the date of Commission approval and recording.
7. Release from Letter of Intent: If a letter of intent has been permitted by the Commission its release shall be approved by the Commission after all improvements, in the opinion of the Commission, have been satisfactorily completed. See Section 4.2B for more detain governing release from letter of intent.
8. Dedication Approval: Approval of the Planning Commission shall not constitute the acceptance by the public of the dedication of any streets or other public way or ground. A copy of the approved final plat will be transmitted to the Council of the City of Bellefonte by the Planning Commission for necessary action on any proposed dedication.

2.8 Fees

The Planning Commission shall establish a fee of fifty (50) dollars for the cost of checking and verifying the proposed preliminary, final plats, and any postage incurred in such. The subdivider shall pay the specified fee to the city at the time of filing his application for preliminary plat approval.

2.9 Application Forms

The City of Bellefonte shall furnish any and all application forms for subdivision approval to the subdivider at the time of the informal meeting with the Council. Such application forms shall contain information pertinent to the subdivision review (i.e. addresses, phone numbers, etc.)

ARTICLE III

PLAT FORMAT AND CONTENT REQUIREMENTS

3.1 Purpose

The purpose of this Article is to describe the content and format of required preliminary and final plat materials and the information which the plats must contain. Conformance to these requirements will provide for the expedient processing of plats.

All plats must adhere to these specifications unless the Commission grants permission for modification due to unusual or special circumstances. Plats which repeatedly lack the required data shall be returned to the subdivider by the Commission immediately after absence of data is apparent.

3.2 Preliminary Plat

1. Format and Identification
2. Sheet size: The Preliminary Plat shall be submitted by the subdivider on durable paper and shall be clear and legible. The scale shall be one inch equals 100 feet or less and the size of sheets shall be 18 X 24 inches or 24 X 36 inches depending upon the size of the subdivision. A 1 inch margin for binding shall be provided along the left edge.

When more than one sheet is required, an index sheet of the same size shall be submitted showing the entire subdivision drawn to scale.

2. Label: The Preliminary Plat shall be labeled “PRELIMINARY PLAT” in large letters.
3. Vicinity Map: A vicinity map showing the general location of the subdivision shall be placed in the upper right or left corner of the sheet. The vicinity map shall be drawn at a scale large enough (approximately 1″ = 1,000′) to show the proposed subdivision’s relationship to existing and proposed features such as major traffic arteries, schools, recreation areas and industrial areas.
4. Subdivision Name: The proposed name of the subdivision, which shall not duplicate or closely approximate the name of any other subdivision in the County or City.
5. Subdivider/Engineer: a) The name and address of the owner of the land to be subdivided, and the name and address of the subdivider, if other than owner.
6. b) The name and address of the registered engineer, land surveyor, architect, landscape architect or planner responsible for the preparation of the plat.
7. Zoning: Zoning Classification on the tract and adjoining properties and any proposed changes from existing zoning.
8. Legend: The title block should appear at the bottom of the sheet and contain the following: a) north arrow, b) graphic and written scale, c) date, d) acreage of land to be subdivided.
9. Site Data: The data required below provides the essential information upon which the Planning Commission (and the subdivider) can make decisions on the appropriateness of the subdivision and its preliminary design. Section C lists the data required to illustrate the proposed design.
10. Boundaries: Subdivision boundaries with bearings and distances (include entire area proposed to be subdivided and remainder of the tract in the same ownership); all existing easements, railroad and utility rights-of-way and the purpose for which such easements and rights-of-way have been established; parks and other public open spaces.
11. Abutting Property: The names of all property owners abutting the boundaries of the subdivision as their names appear on the tax records; subdivision names of adjacent platted land; lot pattern surrounding proposed subdivision and typical lot size in adjacent subdivisions.
12. Utilities: Existing water, sewer and storm drain facilities on and adjacent to the tract showing size, elevation, and direction of flow. Additionally the location of existing gas, electric and telephone utilities will be shown and the recommended future location of same.
13. Contours: Contours referenced to USGS datum at an interval of not greater than ten feet, or lesser interval if deemed necessary by the Planning Commission. Additionally contours shall be shown at an interval of 20 feet or less for an area within 250 feet outside of the plat boundaries if possible. In any event approximate direction and gradient of ground slope shall be shown.
14. Drainage: Existing drainage channels, water courses, ponds, and wet (poorly drained) areas will be shown.
15. Streets: Location, right-of-way and pavement widths, and names of all existing improved streets or alleys on or within 500 feet of the subdivision. Recorded but unimproved streets should be shown with dashed lines.
16. Septic Tanks or Wells: If individual wells and/or septic tanks are proposed, shown sub-surface conditions on the proposed subdivision, including location and results of tests made to ascertain surface soil, rock, and ground water conditions. Show location and results of soil percolation tests in accordance with the specifications of the State and County Department of Health. Due regard shall be given to the effects of cut and fill which may make such data obsolete. Anticipated areas of cut and fill shall be noted upon the Preliminary Plat for this purpose.
17. Proposed Subdivision Design and Improvements
18. Lots: (a) The location of all proposed and existing lots with approximate dimensions and area in squire feet for each lot; (b) lot numbers for each lot shall be shown.
19. Setbacks and Buildings: The location of proposed building setback lines with the dimensions showing the set back from the streets rights-of-way.
20. Use: Sites, and their acreages, if any, to be reserved or dedicated for parks, playgrounds, or other public uses. Sites, if any, for semi-public, commercial or multi-family uses.
21. Streets: The locations, width, approximate grades and names of proposed streets and alleys. Approximate elevations at the center line of the street shall be shown at the beginning and end of each street, and at street intersections.
22. Typical Street Section: The cross-section of each new street, from one right-of-way line to the other at a scale of ten feet or less to the inch, showing the width and type of pavement, the size and type of gutters, the location and width of sidewalks.
23. Monument: Location of existing monuments and proposed new monuments.
24. Easements: The approximate location, dimensions and area of all property proposed to be dedicated or temporarily reserved for public use, or to be reserved by a blanket covenant for use of all property owners in the subdivision and conditions for such conveyance or reservation. Also, the location, dimensions, area, and purposes of any proposed easements.
25. Drainage: Proposed drainage systems with typical cross sections of all proposed drainage facilities including underground drains, culvert headwalls, ditch lines and necessary easements. Also, the location, size and invert elevation of storm sewers and appurtenances thereto.
26. Sewers: Proposed layout and connections with existing sanitary sewer system (with size of line) or alternative means of sewage treatment and disposal and location.
27. Water: Proposed layout and connection with existing water system showing size and location of lines.
28. Additional Data Required: When applicable the following additional data shall appear on or be attached to the preliminary plat.
29. One copy of an application for preliminary plat approval and appropriate fees.
30. When the developer proposes to regulate land use or dimensional criteria in a subdivision and otherwise protect a development, one draft copy of such covenants shall be submitted as part of the preliminary plat materials.
31. When the tract shown on the subdivision plan represents only a portion of the developers holding, an additional sketch may be required to illustrate the proposed layout for the remainder of the tract.
32. Certificate of approved water and sewage system from the County Health Office.
33. If connections are proposed to public sewerage system and water systems a letter or certificate of availability of water and sewerage service shall be attached.
34. Where deemed necessary to properly evaluate the proposed development, the Planning Commission may require street profiles and other improvement drawings as listed in Section 3.3-C-3.

3.3 Final Plat

1. Format and identification: The Final Plat shall show the following information.
2. Sheet Size: The Final Subdivision Plat shall be legibly drawn in black waterproof ink on tracing cloth or similar reproducible material, excluding paper. The scale shall not be smaller than one inch equals 100 feet and the size of the sheet shall be 18 x 24 inches, or 24 x 36 inches, including a 1 inch margin for binding along the left edge. When more than one sheet is required, an index sheet on the same size shall be submitted showing the entire subdivision drawn to scale.
3. Label: The Final Plat shall be labeled “FINAL RECORD PLAT” in large letters.
4. Vicinity Map: A vicinity map showing the general location of the subdivision shall be placed in the upper right or left corner of the sheet. The vicinity map shall be drawn at a scale large enough (approximately 1″ = 1000′) to show the proposed subdivision’s relationship to existing and proposed features such as major traffic arteries, schools, recreation areas, shopping areas and industrial areas.
5. Subdivision Name: Subdivision name or unit number and name of the largest subdivision or tract of which the tract being subdivided forms a part. (Said name shall not be different from the name used on the preliminary unless required by the Commission.)
6. Subdivider/Engineer: a) The name and address of the owner of the land and the name and address of the subdivider, if other than the owner.
7. b) The name, address, and seal of the registered professional civil engineer or land surveyor responsible for the preparation of the plat.
8. Zoning: Zoning Classification on the tract and adjoining properties and any proposed changes from existing zoning.
9. Legend: The title block should appear at the bottom of the sheet and contain the following:
10. a) true north arrow
11. b) graphic and written scale
12. c) date
13. d) acreage of land to be subdivided
14. Names and location of adjoining subdivisions, and location and ownership of adjoining property.
15. Subdivision Design, Data and Dimensions: The following are intended to depict the accurate design of the subdivision and shall appear on the plat:
16. Boundary Lines: Boundary lines of tract in a line style and weight which will distinguish the developer’s property from all adjacent property, show the tract boundary lines with lengths to hundredths of a foot and bearings to the nearest minute. These boundaries shall be determined from an accurate survey in the field.
17. Streets: For street rights-of-way show the names, bearings, angles of intersection, right-of way and pavement widths; for all curves show the length, radii, points of curvature, and tangent bearings.
18. Easements: For all easements or other right-of-way show the locations, widths, and purposes.
19. Lot Lines: For lot lines show dimensions in feet to hundredths of a foot and bearings to the nearest minute. Lot numbers shall be shown and numbered in numerical order.
20. Dedicated/Researched Land: Show the accurate outline of all property which is either offered for dedication to public use or which is reserved by covenant in the deeds for the common use of the property owners in the subdivision, with the purpose plainly printed thereon. Additionally the purpose for which sites other than residential, are dedicated or reserved shall be shown.
21. Control Points: All Dimensions, angles, bearings and similar data on the plat shall be tied to primary control points as approved by the City or County engineer or other registered, professional engineer to be selected by the Planning Commission. Locations and descriptions of said control points shall be given. Except where deemed clearly unreasonable or infeasible by the Planning Commission, those control points shall be the located section corners of the Coordinate System of the Commonwealth of Kentucky.
22. The accurate location and material of all permanent reference monuments. (See Section 4.3 for specifications.)
23. The minimum building setback line which shall be at least one-half of the total width of the street right-of-way on which the building fronts or as stipulated in the zoning ordinance.
24. Adjacent Streets: The exact location of streets on adjacent land, and the width along the property lines for existing or recorded streets intersecting or paralleling and boundaries of the proposed subdivision.
25. Adjacent Platted Land: For adjacent land which is platted, show the boundaries with dashed lines, the record name, date of recording, and plat book and page number. For adjacent land which is unplatted, show the name(s) of record.
26. Additional Data Required: The following shall accompany the final plat when submitted for approval.
27. Application: Two copies of an application for final plat approval and appropriate fees.
28. Deed Restrictions: Two copies of all deed restrictions or protective covenants (may either be placed directly on the final plat or attached thereto in form for recording. If recorded separately, reference to the restriction shall be made on the final plat).
29. Improvement Drawings and Plans: Drawings showing cross sections, profiles, construction details, and specifications for all required improvements shall be prepared by a Registered Professional Civil Engineer in conformance with the provisions in Article III and IV and in accord with city or county standards.
30. Sanitary Sewage System Plans.
31. Water System Plans.
32. Street Plans and profiles and pavement design computations.
33. Storm Drainage Plan where appropriate, including computations.
34. Plans for the control of erosion and sedimentation where appropriate.
35. Certifications: The following signed certifications shall appear on the final plat:
36. Certification on plat of title showing that applicant is owner and a statement of such owner dedicating streets, rights-of-way and other sites for public use.

OWNER’S CERTIFICATION

I (we) do hereby certify that I am (we are) the owner(s) of record of the property shown and described hereon which is recorded in Deed Book _____, Page ______, in the County Clerk’s Office; do hereby adopt this plan of lots for this property; do hereby dedicate the streets and any other spaces so indicated to public use; and do establish and reserve the indicated easements for public utilities and drainage purposes.

_______________ _____________________

Date Owner(s)

2. Certification by surveyor or engineer as to the accuracy of survey and plat:

ENGINEER’S (OR SURVEYOR’S) CERTIFICATION

I hereby certify that this plat was prepared by me or under my direction; that all monuments indicated hereon actually exist and their locations, size, and material are correctly indicated; the information shown hereon is correct to the best of my knowledge and belief; and all requirements of the Subdivision Regulations have been fully complied with.

_______ _________________ __________

Date Engineer’s Name Engineer’s

Seal

3. Certification by the County Health Officer when individual sewage disposal or water systems are to be installed.

CERTIFICATION OF THE APPROVAL

OF WATER AND SEWERAGE SYSTEMS

I hereby certify that the water supply and sewage disposal utility systems installed, or proposed for installation, in the subdivision plat entitled: ________________________ fully meet the requirements of the Kentucky State Health Department.

____________________, 19_____

_________________________

County Health Officer

(or other appropriate

agency’s officer)

4. Certification by City or County Engineer or the City’s designee if none is employed that the subdivider has complied with one of the following alternatives:
5. All the improvements have been installed in accord with the requirements of these regulations, or
6. A security bond or certified check has been posted with the city or county legislative body in sufficient amount to assure such completion of all required improvements.

CERTIFICATION OF THE APPROVAL

OF STREETS AND UTILITIES

I hereby certify: (1) that streets, utilities and other improvements have been installed in an acceptable manner and according to city and county specifications in the subdivision entitled: ________________________ or, (2) that a security bond in the amount of $____________ has been posted with the city or county legislative body to assure completion of all required improvements in case of default.

_________________________, 19 ______

Date

_________________________

City or County Engineer

or other Approving Agent

5. Certification on plat by the Chairman of the Planning Commission that the plat has been approved for recording in the office of the County Clerk:

CERTIFICATE OF APPROVAL FOR RECORDING

I hereby certify that the subdivision plat shown hereon has been found to comply with the subdivision regulations for Bellefonte Kentucky, with the exception of the variances hereinafter set out and noted in the minutes of the Planning Commission, and that this plat has been approved for recording in the Clerk’s Office of the Greenup County Court.

Variances:

____________________, 19 ______

Date

_________________________

Chairman or Secretary

Planning Commission

6. A certificate that can be signed when the plat is recorded:

CLERK AND RECORDER’S CERTIFICATE

Accepting for filing in the office of the County Court Clerk and Recorder of Greenup County at the City of Bellefonte, Commonwealth of Kentucky this ________ day of _________________A.D. 19____.

_________________________

County Clerk

ARTICLE IV

IMPROVEMENTS REQUIRED AS PREREQUISITE

TO FINAL PLAT APPROVAL

4.1 Purpose

A perfectly prepared and recorded subdivision or plat means little to a prospective lot purchaser until he can see actual physical transformation of raw acreage into lots suitable for building purposes and human habitation. Improvements by the subdivider spare the community a potential tax liability. The following 4.3 – 4.10 tangible improvements are required before Final Plat approval in order to assure the physical reality of a subdivision. Additional design standards are enumerated in Article V and the subdivider shall become familiar with them prior to completing the improvements herein.

4.2 Approval of Improvements

1. Construction of Improvements: No final plat shall be approved by the Planning Commission or accepted for record by the County Clerk until all required improvements herein listed are constructed and approved by the appropriate city (or county) officials having jurisdiction, unless a bond is posted as in B below.
2. Security Bond or Certified Check: In lieu of such prior construction as in 4.2 A above, the Planning Commission may accept a security bond or certified check based on detailed cost estimates prepared by a registered engineer, running to the city (or county) sufficient to cover the estimated cost of the required improvements. The bond or check shall be subject to the condition that the improvements will be completed within one year after approval of the final plat.

When the Commission has approved a final plat and permitted bonding to insure completion of required improvements, and the developer has completed such improvements, the following procedure shall apply:

1. After completing all improvements, the developer shall notify the City Engineer or other official as appointed by the Planning Commission that the improvements are ready for final inspection.
2. If the City or County Engineer or other designated official finds the improvements are complete and in conformance with Commission requirements, he shall notify the Commission by letter and recommend the release of the bond. Conversely, if the date of completion has passed and the improvements are not completed in accordance with Commission requirements, the Engineer shall notify the Commission and recommend that the bonding company be notified to complete the required work within a specified period of time.
3. The Planning Commission shall then act on the Engineer’s recommendation and either release the bond and/or call for completion of the required improvements.

4.3 Monuments

1. Concrete monuments at least thirty-six (36) inches in length and four (4) inches in diameter or four (4) inches square shall be set at the intersection of all lines forming angles in the boundary of the subdivision. In addition, at least three (3) monuments per block shall be installed at locations determined by the Commission or its representative. The top of the monument shall be flat and shall have an indented cross or other such mark to properly identify the exact point of reference. Except in cases where it is deemed clearly unreasonable or infeasible by the Planning Commission, these monuments shall be described in the Final Plat in relation to the located section corners of the Coordinate System of the Commonwealth of Kentucky.
2. Iron pin or iron pipe monuments not less than three-fourths (3/4) inch in diameter and not less than eighteen (18) inches in length shall be set at all lot corners not marked by concrete monuments, all block corners, at all points where street lines intersect the exterior boundaries of the subdivision, and at all intersections of curves and tangents along street property lines.

4.4 Streets (See Article V for more detailed specifications)

1. Grading: All streets, roads, and alleys shall be graded to their full widths by the subdivider so that pavements and sidewalks can be constructed on the same level plane. Deviation from this standard due to special topographical conditions will be allowed only with the special approval of the Planning Commission.
2. Pavement Specifications for Streets: The subdivider shall provide street pavements which shall be designed to carry the expected traffic loads and which shall conform with the Kentucky Department of Highways’ current standard specifications for concrete pavement or bituminous pavement. All street pavements shall be of a “dust-free” type. Loose aggregate will not be considered a completed pavement. Minimum specifications for pavement shall be nine (9) inches of dense grade aggregate and two and one-half inches of surface asphalt.⁽¹⁾
3. Minimum Pavement Widths: Pavement widths shall be considered as the as the driving surface and shall be as follows:

Local Streets 20 feet

Minor streets 16 feet

4.5 Curbs and Gutters

Curbs and gutters shall be recommended in all subdivisions. Curbs shall be not less than six, nor more than eight inches in height above the gutter line, with the fill behind the curbs sloping toward the curb to insure proper drainage into the gutters. Curbs shall be constructed of concrete or asphalt. Whenever curbs and gutters are waived, drainage ditches shall be constructed within the street right-of-way at a distance of ten feet or more from the edge of the pavement of arterial streets, or five feet for lower street classes. The ditches shall be of adequate size to carry the run-off water and to prevent flooding. To avoid erosion, such ditches may be required to be concrete lined. The shoulder ditch and balance of unpaved right-of-way shall be seeded.

4.6 Utilities and Drainage Facilities

1. General Requirements for Installation of Utilities: Utilities shall be provided in rear of lot easements wherever possible. When it is necessary to install utilities in street rights-of way, the following requirements shall apply:

After grading is completed and approved and before any pavement base is applied, all of the in-street underground work-water mains, gas mains, etc., and all service connections-shall be completely installed and approved throughout the length of the street and across the flat section.

1. Water Supply System: Where, in the opinion of the Planning Commission, the public water supply is reasonably accessible or available to the proposed subdivision, the subdivider shall construct a complete water distribution system which shall adequately serve all lots and which shall include appropriately spaced fire hydrants (as determined by insurance services of Kentucky), and this system shall be properly connected with the public water supply. Where a public water supply is not within a reasonable distance or otherwise available, the subdivider shall normally be required to construct a similar water distribution system and connect it with an alternate supply approved by the County Health Officer. If the Planning Commission approves the use of individual wells, lot sizes will have to meet the approval of the County Health Officer. All water lines shall be at least six inches in diameter or more as may be determined necessary.
2. Sanitary Sewers: Where, in the opinion of the Planning Commission, the public sanitary sewer system is reasonably accessible or available to the proposed subdivision, the subdivider shall construct a subdivision sewer system to adequately serve all lots and connect the subdivision system to the public system after the City Engineer or appointee has approved the size of the lines. Where lots cannot be served by the extension of an existing public sanitary sewer, the subdivider shall obtain approval from the County Health Officer for a package disposal system.
3. Storm Drainage: An adequate drainage system including necessary open ditches, pipes, culverts, intersectional drains, drop inlets, bridges, etc., shall be provided for the proper drainage of all surface water. Cross drains shall be provided to accommodate all natural water flow, and they shall be of sufficient length to permit full width roadways and the required slopes. The proposed drainage shall be in conformance with the overall drainage plan for the City.
4. Gas, Electric and Telephone Utilities: The Planning Commission may accept assurance from each public utility company whose facilities are proposed to be installed. Such assurance shall be in the form of a letter addressed to the Planning Commission stating that such public utility company will make the necessary installations for furnishing its services within a specified time.

The Planning Commission shall require placing electric and telephone lines underground in new subdivisions unless unnecessary hardship can be demonstrated.

4.7 Street Name Signs

The subdivider shall furnish the city a sum of money sufficient to reimburse the city for the purchase price and installation cost of all street name singes required in his subdivision. The subdivider shall also obtain from the City Clerk, a list of available names for the streets of such subdivision.

ARTICLE V

SUBDIVISION DESIGN STANDARDS

5.1 Purpose

The purpose of this article is to establish minimum principles and standards of design to govern the layout and physical improvements of subdivisions.

5.2 General Requirements

1. In designing a subdivision, the subdivider shall comply with the principles and requirements of this article.
2. The Planning Commission in considering an application for the subdivision of land shall be guided by the considerations and standards contained herein.
3. Land to be subdivided shall be of such a character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace.
4. Subdivisions shall conform to the Comprehensive Plan and to the Zoning Ordinance.

5.3 Suitability of the Land for Subdivision Development

1. Physical Limitations: If the Planning Commission finds that land proposed to be subdivided is unsuitable for subdivision development due to flooding, bad drainage, steep slopes, rock formations, and other such conditions as may increase the danger to 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 should not be platted and developed for the purpose proposed, the Planning Commission shall not approve the land for subdivision unless adequate methods are formulated by the subdivider for meeting the problems that will be created by the subdivision and development of the land.
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 (such as undue maintenance costs for adequate roads).

5.4 Streets

1. General Requirements: The arrangement, character, extent, width, and location of all streets shall conform to the Transportation Plan and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and to their appropriate relation to the proposed uses of the land to be served by such streets.

In designing a street system, the subdivider shall be guided by the following principles:

1. Adequate vehicular and pedestrian access shall be provided to all parcels.
2. Local street systems shall be designed to minimize through traffic movement
3. Local street systems shall be logical and comprehensible.
4. The arrangement of local streets shall permit economical and practical patterns, shapes and sized of development parcels.
5. Street Extensions:
6. The street layout of the proposed subdivision shall provide for the continuation or projection of streets already existing in areas adjacent to the area being subdivided unless the Planning Commission deems such continuation or extension undesirable for specific reasons of topography or design.
7. Where, in the opinion of the Planning Commission, it is desirable to provide street access to adjoining properties, proposed streets will be extended by dedication to the boundaries of such properties. Where the Planning Commission deems it necessary, such dead-end streets shall be provided with a temporary turnaround having a radius of at least forty (40) feet.
8. Street Classification: All streets in a proposed subdivision shall be classified as one of the following. Se definition, Section 3.4 for classification criteria.

Minimum

Right-of-Way Pavement

Street Classification Width Widths

Local Streets 60 Feet 28

Minor Streets 40 16

In any instance in which a local street as defined above connects with and has ingress and egress to a state or county road, there shall be a minimum right-of-way width requirement of seventy-five (75) feet to insure safe and efficient traffic flow into and out of such street and onto such state or county road. Said seventy-five (75) foot right-of-way width requirement shall extend from the entrance onto such state or county road back a distance of at least one hundred (100) feet into said local street.

3. Street Intersections (Should be Letter D)
4. Streets shall intersect as nearly as possible at right angles and no street shall intersect with any other at less than 75 degrees. (Should be Number 1)
5. Multiple intersections involving junctions of more that two streets shall be prohibited.
6. On a corner lot, within the areas formed by the right-of-way lines of intersection streets and a line joining points on such right-of-way lines at a distance of thirty (30) feet from their intersections, there shall be no obstruction to vision between a height of two and one-half (2.5) feet and a height of ten (10) feet above the average grade of each street at the centerline thereof, except that street name signs, fire hydrants, street lighting poles, and associated appurtenances thereto shall be permitted within this area.
7. Streets entering opposite sides of another street shall be laid out either directly opposite one another or with a minimum offset of 150 feet between their center lines.
8. Minimum curb radii at street intersections shall be twenty (20) feet.
9. Where a proposed subdivision abuts or contains an existing or proposed local street, the number of intersections with the arterial street shall be kept to a minimum. To the fullest extent possible, intersections with arterial streets shall be located not less than 500 feet apart, measured from center line to center line.
10. No lot or other parcel of land which abuts on and has access to either a local or a minor street shall have a service drive, curb cut, or other means of access to an arterial street within seventy-five (75) feet of the right-of-way of any street which intersects such arterial street on the side on which such lot or parcel is located.
11. Curves in Streets – Horizontal and Vertical
12. A tangent at least one hundred (100) feet long shall be introduced between reverse curves on local and collector streets.
13. Where there is a deflection angle of more than ten (10) degrees in the alignment of a street, a curve with a radius adequate to insure safe sight distance shall be made. The minimum radii of curves shall be:

Street Type Minimum Curve Radius

Local 300 feet

Minor 175 feet

1. All changes in grade for local and minor streets shall be connected by a vertical curve of a minimum length equal to twenty (20) times the algebraic difference on the rates of grade. The length of the curve for all other streets shall be ten (10) times the algebraic difference in the rates of grade.
2. Street Grades and Elevators
3. Grades of streets shall conform as closely as possible to the original topography and shall be designed to produce useable lots and reasonable grades.
4. Grades of streets shall be arranged to obtain as many building sites as possible at or above the grade of the street(s) abutting the building.
5. Street grades, wherever feasible, shall not exceed the following, with due allowance for reasonable vertical curves:

Street Type Percent Grade

Local 5%-8%

Minor 8%-10%

The Planning Commission may permit steeper grades in special circumstances.

1. Grades at street intersections shall be held to a maximum of two percent for a distance of 75 feet in any direction from the point of intersection of the street center lines.
2. All streets shall be designed so as to provide for the discharge of surface water from the pavement and from the right-of-way by grading and drainage. For adequate drainage, the minimum street grade shall be not less than one-half (.5) of (1) percent. Storm water collection shall be so designed as to eliminate surface water draining across streets.
3. The Planning Commission shall not approve streets with will be subject to inundation or flooding. All streets must be located at elevations which will make them flood-free in order that portions of the subdivision will not be isolated by floods.

Fill may be used in areas subject to flooding in order to provide flood-free streets if such fill does not unduly increase flood heights. Drainage openings shall be designed so as not to restrict the flow of water and thereby unduly increase flood heights.

6. Street Jogs: Street jogs with center line offsets of less than one hundred and fifty (150) feet shall not be made.
7. Dead-End Streets (Cul-de-sacs): Minor terminal or dead-end streets or courts which are designed so as to have one end permanently closed shall be provided as the closed end with a turnaround having a radius at the outside of the pavement of at least forty (40) feet and a radius at the outside of the right-of-way of at least fifty (50) feet. (Should be Number 7)
8. Street Names

Proposed streets which are obviously in alignment with other already existing and named streets shall bear the names of such existing streets.

1. Street Construction:
2. Preparation of the Subgrade: Before grading is started, the entire right-of-way area shall be first cleared of all tree stumps, roots, brush, and other objectionable materials and all trees not intended for preservation. The subgrade shall be properly shaped, rolled, and uniformly compacted to conform with the accepted cross-section and grades.
3. Cuts: In cuts, all tree stumps, boulders, organic material, soft clay, spongy material, and other objectionable material shall be removed to a depth of at least two (2) feet below the graded surface. Rock, when encountered, shall be scarified to a depth of at least twelve (12) inches below the graded surface. Slopes or cuts shall not be steeper than 1-1/2 foot horizontal to the one foot vertical.
4. Fills: In fills, all tree stumps, boulders, organic material, soft clay, spongy material, and other objectionable material shall be removed to a depth of at least two (2) feet below the natural ground surface. This objectionable matter as well as similar matter from cuts shall be removed from the right-of-way area and disposed of in such a manner that it will not become incorporated in fills or hinder proper operation of the drainage system. All suitable material from roadway cuts may be used in the construction of fills, approaches, or at other places as needed. The fill shall be spread in layers not to exceed eight (8) inches loose and shall be compacted by a sheep’s foot roller. The filling of utility trenches and other places not accessible to a roller, shall be mechanically tamped, but where water is used to assist compaction the water content shall not exceed the optimum of moisture. Fill slopes shall not be steeper than two (2) feet horizontal to one (1) foot vertical.

5.5 Blocks

1. Block Shape: Block length and width or acreage with bounding streets shall be such as to accommodate the size of lot required in the area by the Zoning Ordinance, and to provide for convenient access, circulation control, and safety of street traffic. Blocks shall be of such sizes and shapes as considerations of topography and street layout shall dictate, but the Planning Commission shall not approve blocks that are unreasonably large or small.
2. Length: Blocks shall be wide enough to allow two (2) tiers of lots of minimum depth. However, where this would require lots to front on an arterial street or highway or where topographical conditions or the size of the property prevent two (2) tiers of lots, the Planning Commission may approve a single tier of lots of minimum depth.

5.6 Lots

1. Relationship to Streets All lots shall front on an improved and approved public street or road for 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. (Amended July 8, 1996)
2. Arrangement Each lot in the subdivision shall contain a building site completely free from the danger of flooding. Except here infeasible, side lot lines shall be at right angles to straight street lines and radial to curved street lines.
3. Dimensions The size, shape, and orientation of lots shall be such as the Planning Commission and the City Council deem appropriate and shall be as follows:

(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) feet 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) one hundred seventy-five feet in depth. (Amended July 8, 1996)

(2) Front yards. There shall be a front yard on every lot. Depth of any front yard shall be at least 30 feet, but in no event shall such depth be less than that required for buildings to be in alignment with other already existing buildings on adjoining lots. However, where a lot runs through a block from street to street, a front yard, as provided below, shall be required along each street lot line which is not a side street lot line.

(3) Rear yards. Every lot shall have a rear yard having a depth of at least 40 feet. Ground story rear projections from the building may extend ten feet into a required rear yard.

(4) Side yards. All dwellings shall have a minimum 15 feet of side yard depth on each side of the dwelling except on corner lots. Any side yard along the side street lot line on any corner lot shall be at least 30 feet.

(5) Required yards cannot be used by another building. No part of a yard or other open space provided in connection with any building or structure for the purpose of complying with the provisions of this ordinance shall be included as a part of a yard or other open space required under this ordinance for another building or structure.

(6) No space necessary for compliance with the minimum side yard requirements for a lot 75 feet wide, as prescribed in this ordinance, shall be counted or included in or for the side yard on any other lot, regardless of change in ownership of land included within said prescribed side yard space. No lot shall be so reduced in area after enactment of this ordinance as to make a rear yard less deep than is prescribed by this ordinance for a lot 120 feet in depth.

(7) Where a corner lot adjoins another lot, no part of any accessary building within 30 feet of the common lot line shall be nearer a side street lot line than the least depth of any front yard required along such side street for a corresponding building on such adjoining lot, except that in the case of a narrow corner lot where compliance with this requirement would give an impracticable depth to a private garage. The Board of Zoning Adjustment may permit the construction of such garage as near to such side street lot line as will give a practicable depth, but in no such case shall any part of such garage project beyond the building to which it is necessary.

1. Building Setback Line (See Figure II.): The building setback line shall not be located closer to the street right-of-way line than the distance equal to one-half (.5) of the total width of the street right-of-way on which the building will front, but in no case shall the building setback line be located closer than thirty (30) feet from the right-of-way line of the street. A greater distance between the building setback line and the street right-of-way line is permissible. The building set-back line shall not be located closer to the street right-of-way 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. (Amended July 8, 1996)
2. Corner Lots (See Figure II.): Corner lots shall have sufficient extra width to meet the building setback lines established on both the front street and the side street.
3. Yard Requirements: Yard requirements for residential subdivision or the portions thereof inside the corporate limits of Bellefonte shall be no less than the yard requirements set forth in the Zoning Ordinance for the zoning district or district or districts in which they are located.

5.7 Erosion Protection

All areas between the edge of pavement and the right-of-way shall be adequately seeded except for sidewalks and steep drainage areas where other treatment is necessary.

5.8. Utility and Drainage Easements

General Requirements: To the fullest extent possible, easements shall be centered on or adjacent to rear or side lot lines. Easements shall be fully indicated on the Final Subdivision Plat.

Utility and Drainage Easements: Where topography or other conditions are such as to make impractical the inclusion of utilities or drainage facilities with street rights-of-way, perpetual unobstructed easements at least ten (10) feet in width for such utilities shall be provided across property outside the street lines and with satisfactory access to the street.

Storm Water Easements: Where a subdivision is traversed by a watercourse, drainage way, channel or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such further width as may be deemed necessary by the Planning Commission to permit the construction of improvements designed to restrict the flooding of said watercourse on adjoining properties. Parallel streets or parkways may be required.

5.9 Conformance with Zoning and Other Regulations

No Final Plat of land within the area of force and effect of an existing zoning ordinance will be approved unless it conforms with such ordinance. Whenever there is a discrepancy between the minimum standards set forth in these regulations and those contained in the zoning ordinance, building code, or other official regulations, the highest standard shall apply.

5.10 Large Tracts or Parcels

When land is subdivided into larger parcels than ordinary building lots, such land shall be arranged so as to allow for the opening of future streets and logical resubdivision.

5.11 Natural Environmental Considerations

1. Preservation of Existing Features: Existing features which would add value to residential development, or natural or man-made assets such as trees, groves, woodlands, watercourses, vistas, historic spots, historic or architecturally significant buildings, and similar irreplaceable assets, should be preserved, insofar as possible, though harmonious and careful design of the subdivision.
2. Preservation of Natural Cover: Land to be subdivided shall be laid out and improved in reasonable conformity to existing topography, in order to minimize grading and cut and fill, ad to retain, insofar as possible, the natural contours, limit storm water runoff, and conserve the natural cover and soil.
3. Sediment Control: The subdivider shall provide effective sediment control measures in the planning and construction of subdivisions. Practical combinations of the following technical principles shall be applied:
4. The smallest practical area of land shall be exposed at any one time during development.
5. Temporary vegetation and/or mulching shall be used to protect critical areas exposed during development.
6. Sediment basins (debris basins, desilting basins, or silt traps) shall be installed and maintained to remove sediment from runoff waters and from land undergoing development.
7. Wherever feasible, natural vegetation shall be retained and protected.
8. All seeding and fertilizing shall be done in conformance with the guidelines of the Soil Conservation Service, as a minimum.

5.12 Self-Imposed Restrictions

The subdivider may place restrictions on the development more restrictive than those required herein or by the Zoning Ordinance. Such restrictions, if any, shall be indicated on the Subdivision Plat.

5.13 Construction Procedure

A schedule of construction shall be presented to the Commission for all subdivisions where portions of the subdivision are to be developed and occupied prior to completion of the total subdivision development. In no case shall equipment or structures used in construction be allowed to remain on the subdivided property in close proximity to the newly-occupied lots in the subdivision. Once construction is halted for a thirty-day (30) period, the developer shall cause all construction equipment to be removed from the premises.

ARTICLE VI

GENERAL PROVISIONS

6.0 Variances

These land subdivision regulations are adopted as minimum requirements, and all developers should consider developing their subdivisions at higher standards. Thus, the developer is encouraged to go beyond the requirements of these regulations and the Planning Commission may require standards above the minimum contained herein whenever it feels that public health, safety, or welfare purposes justify such increases.

The Planning Commission may with City Council approval reduce or otherwise vary the requirements of these regulations whenever it encounters the situations described below. In granting such variances, the Commission may attach and require whatever conditions it feels are necessary to secure the basic objectives of the regulations.

Exceptional Conditions: The Planning Commission may grant a variance to these regulations where by reason of the unusual shape of a specific piece of property, or where by reason of exceptional topographic conditions, the strict application of these regulations would result in extreme practical difficulties and undue hardship upon the owner of such property; provided, however, that such relief may be granted without detriment to the public good and without substantially impairing the intent and purpose of these regulations. In granting such variances or modifications, the Planning Commission may require such conditions as will substantially secure the objectives of the standards or requirements so varied or modified. Financial disadvantage to the property owner is not proof of hardship within the purpose of these regulations.

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 representative 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 its proposed plat, either preliminary or final. (Amended July 8, 1996)

6.1. Violations and Penalties

The following violations and penalties are hereby cited from Chapter 100, Section 100.277, 100.283, 100.291, and 100.991 of the Kentucky Revised Statutes.

1. No Subdivision of Land Before Approval: No person or his agent shall subdivide any land before securing the approval of the Planning Commission of a plat designating the area to be subdivided.
2. No Selling of Land Before Approval: No person owning land composing a subdivision, or his agent, shall transfer or sell or agree to sell any lot or parcel of land located within a subdivision by reference to, or by exhibition, or be any other use of a plat of such subdivision, before such plat has received final approval of the Planning Commission and been recorded by the County Clerk. Any such instrument of transfer, sale or contract shall be void and shall not be subject to be recorded.
3. Metes and Bounds Descriptions: The description of lots or parcels by metes and bounds in any contract or instrument of transfer or other document used in the process of selling or transferring same shall not exempt the person attempting to transfer from penalties provided or deprive the purchaser of any right or remedies he may otherwise have.
4. No Recording Before Approval: No plat of a subdivision of land shall be recorded by the County Clerk until the plat has been approved by the Commission and the approval entered thereon in writing by the Chairman of the Commission. Admission to the County Clerk’s records shall not be construed as approval.
5. Injunctions: The Planning Commission shall have the power to apply for an injunction against any type of subdivision construction by a subdivider or a landowner where the subdivision regulations have been violated.
6. Penalties:
7. Any County Clerk, who receives, files or records a plat in violation of the provisions of these regulations shall be fined not less than $100 or more than $500 as provided in the Kentucky Revised Statutes, Chapter 100.990 (5).
8. Any person who transfers or negotiates to transfer any lot in a subdivision before the final plat of said subdivision has been approved by the Planning Commission and recorded in the County Clerk’s Office, or attempts the description of land by metes and bounds in violation of these regulations shall pay to the City or County a penalty of $100 for each parcel of land so transferred as provided in the Kentucky Revised Statutes, Chapter 100.990 (5). The City or County 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).

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). (Amended July 8, 1996)

APPEAL

A decision of the Planning Commission may be reviewed by certiorari procedure. A petition for review shall specify the grounds upon which the petition alleges the illegality of the Commission’s actions. Such petition must be filed in the Circuit Court of Greenup County within thirty (30) days after the date of such decision.

6.2. Separability

Should any section, sub-section, paragraph, or provision of these regulations be held invalid or unenforceable by a court of competent jurisdiction, such decision shall in no way affect the validity of any other provision of these regulations.

6.3 Definitions

For the purpose of these Regulations, certain terms, phrases, words and their derivatives are herewith defined as follows:

Words used in the future tense include the present, and vice versa;

Words used in the singular include the plural, and vice versa;

The word “shall” is mandatory.

The word “may” is permissive.

BLOCK: A parcel of land within a subdivision or development that is bounded by streets or bounded by streets and the exterior boundary of the subdivision. For this definition an alley is not considered a street but part of the block.

BUILDING PERMIT: A permit issued by the authorized officer allowing a proprietor or his agent to construct, alter, or remove a building, etc., or engage in similar activity which would alter the character of the lot in question.

COMMISSION (OR PLANNING COMMISSION): The Joint Planning

Commission of Greenup County, Commonwealth of Kentucky.

DEVELOPER: Any individual, firm, association, syndicate, co-partnership, corporation, government agency, trust, or any other legal entity commencing proceedings under these regulations, to effect a development of land as defined herein for himself or for another.

EASEMENT: The right, granted by the property owner, to use a parcel of land for specified purposes.

FRONTAGE: All the property abutting on one side of the right-of-way of a street, measured along the right-of-way line of the street between the lot lines as extended to intersect said right-of-way line of said street. In no case shall the line along an alley be considered as acceptable for frontage.

LOT: A parcel of land or any combination of several lots of record occupied or intended to be occupied by a principal building or a building group as permitted in the Zoning Ordinance, together with their accessory buildings or uses and such access, yards and other open spaces required in these Regulations and in the Zoning Ordinance.

LOT WIDTH MINIMUM: The width of a lot as measured along the minimum building front setback line.

MINIMUM BUILDING SETBACK LINE: A line parallel to the front, side and/or rear lot line and set back from the lot lines a sufficient distance as specified in the Zoning Ordinances, to provide required minimum yard space.

PLAT: A map of the subdivision.

STREETS: any vehicular ways

(a) All streets will be dedicated rights-of-way which have been properly processed, approved and recorded.

(b) The following shall be used to classify all streets:

LOCAL STREET – Any street which carries heavy vehicular traffic usually originating or ending in a large group of residential properties abutting on the street and which serve to collect and distribute traffic primarily from local residential streets to state and county roads.

MINOR STREET – Any street which carries light traffic usually originating or ending in a relatively small group of residential properties abutting on the street and which are designed to be used primarily for direct access to abutting properties and leading into the local streets.

SUBDIVIDER: Any individual, firm, association, syndicate, co-partnership, corporation, trust, governmental agency or other legal entity commencing proceedings under these Regulations to create a subdivision of land as defined herein for himself or for another.

SUBDIVISION: See Section 1.7 of these regulations.

6.4 Amendments

The City Council may revise, modify, or amend these regulations by appropriate action taken at a regularly scheduled meeting after the required notice and public hearing.

6.5 Previous Regulations

Any previous subdivision regulations adopted by the City of Bellefonte or a Planning Commission appointed by them are hereby repealed.

6.6 Adoption and Effective Date

1. Before adoption of these Subdivision Regulations or any amendments thereto, a public hearing shall be held by the Planning Commission, a public notice of the time and place shall be published in the newspaper of general circulation in the City and County in accordance with Kentucky Revised Statutes.
2. The Subdivision Regulations shall take effect and be in force immediately upon adoption thereof.

Adopted by the Greenup County Joint

Planning Commission

_____________________________

Chairman

_____________________

Date

Adopted by the Bellefonte

City Commission

______________________________

Mayor

______________________

Date

ATTEST:

________________________________

City Clerk

FIRST READING: _________________

SECOND READING: ________________

PUBLICATION DATE: ______________

1. The subdivider will not be required to grade or provide a pavement base or surface in excess of that required for collector streets since such additional construction is required for the benefit of the general public. The Planning Commission will recommend that the city (or county) bear the extra expense of constructing the street to meet arterial street standards.

ORDINANCE NO. 3-87

AN ORDINANCE OF THE CITY OF BELLEFONTE, KENTUCKY
CONCERNING TREES, SHRUBS, LANDSCAPING AND WEEDS

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF
BELLEFONTE. KENTUCKY:

1. In order that visibility may be maintained for oncoming and converging traffic at intersections, no trees or shrubbery having a height in excess of two (2) feet shall be planted or maintained within ten feet of the intersection of the paved portion of streets.
2. No trees having a circumference at the base of 2 feet or more or a height in excess of 30 feet shall be cut or removed from any lot without the approval of the building inspector on a written request by the property owner.  Consideration for removal of any trees will be based upon (i) whether or not the tree(s) in question is diseased, damaged or its proximity to any building or improvements represents a threat to them, (ii) the number and size of trees remaining within the immediate area of the tree(s) in question, (iii) the lot owner’s representation as to replacement with other tree(s) of the tree(s) to be removed, or (iv) the variety of the tree which is to be removed.
3. It shall be unlawful for any person to suffer or permit weeds, brush, rubbish, trash or other waste material to grow, mature or accumulate upon their lots or parcels of land within the City, and all owners of property within the City shall cause said property to be mowed or to be cut at least once each month from June 1st to September 30th in each year and to be maintained in a neat and orderly fashion. All underbrush shall be cut, cleared away and removed from said properties, except regularly planted and nurtured shrubbery and standing trees and all accumulations of rubbish shall be kept cleaned up and removed therefrom with respect to weeds and brush only. The aforesaid shall not apply to natural woodland except brush or weeds shall not be permitted within 10 feet of any street. Accumulations of leaves or grass clippings shall not be permitted in front or side yards.
4. Should it be discovered that, by reason of accumulation of rubbish or the excessive growth on land within the City of weeds, grass or like vegetation, that a public nuisance, health hazard or source of filth has developed on said land, the Mayor or other responsible officer of the City shall give five (5) days written notice to said owner, occupant or person having control over said lots or parcels of land to remedy said situation. Upon the failure of the owner, occupant or person having control over said lots or parcels of land to comply, the Mayor or other responsible officer is authorized to send employees or contractors of the City upon the said property to remedy the situation. The City shall have a lien against the said property for the reasonable value of labor and materials used in remedying said situation. The affidavit of the City or other responsible officer shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to this ordinance and shall be recorded in the office of the County Court Clerk of Greenup County. The said lien shall be notice to all persons from the time of its recording, shall bear interest at the lower of eighteen percent ( 18% ) per annum, or the highest rate permitted by applicable law from the time of recording until paid and may be foreclosed by appropriate action in the Circuit Court of Greenup County. If the City intends to claim a lien against the property, said notice of lien shall be mailed to the last known address of the owner of said property as said address appears on the current tax assessment rolls of the City.
5. In addition to the foregoing, any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof in a court of competent jurisdiction, shall be fined not less than Ten Dollars ($10.00) nor more than One Hundred Fifty Dollars ($150.00) for each violation committed, each day’s continuance of a violation constituting a separate offense, or imprisoned for not more than thirty (30) days, or both so fined and imprisoned, within the discretion of the judge or jury. In addition to the foregoing, the City, any property owner, or any resident citizen aggrieved may proceed in the Circuit Court in and for Greenup County, Commonwealth of Kentucky, by way of injunction, to enforce the discontinuance of such violation or any situation or condition which may have been brought about or exist by reason of such violation of this ordinance and may, in addition to such injunctive relief, be awarded both compensatory and punitive damages for such violation.
6. All ordinances, parts of ordinances and amendments thereto in conflict herewith heretofore adopted by the Board of Commissioners of the City are hereby expressly repealed.
7. This ordinance shall be in full force and effect from and after its passage, approval and publication, as required by law.
8. Each section and each sentence of this ordinance is enacted separately and the invalidity 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.

ORDINANCE NO. 1-96

AN ORDINANCE AMENDING ORDINANCE NO. 3-87 OF THE CITY OF

BELLEFONTE, KENTUCKY CONCERNING TREES, SHRUBS,

LAND-SCAPING AND WEEDS

BE IT ORDAINED BY THE BOARD OF COMMISSIONS OF THE CITY OF BELLEFONTE, KENTUCKY:

1. In order that visibility may be maintained for oncoming and converging traffic at intersections, no trees or shrubbery having a height in excess of two (2) feet shall be planted or maintained within ten feet of the intersection of the paved portion of streets.

2. No trees having a circumference at the base of 2 feet or more or a height in excess of 30 feet shall be cut or removed from any lot without the approval of the building inspector on a written request by the property owner.

Consideration for removal of any trees will be based upon (i) whether or not the tree(s) in question is diseased, damaged or its proximity to any building or improvements represents a threat to them, (ii) the number and size of trees remaining within the immediate area of the tree(s) in question, (iii) the lot owner’s representation as to replacement with other tree(s) of the tree(s) to be removed, or (iv) the variety of the tree which is to be removed.

3. It shall be unlawful for any person to suffer or permit weeds, brush, rubbish, trash or other waste material to grow, mature or accumulate upon their lots or parcels of land within the City, and all owners of property within the City shall cause said property to be mowed or to be cut at least once each month from June 1st to September 30th in each year and to be maintained in a neat and orderly fashion.

In no event shall the height of lawns exceed six inches (6″) in all areas less than sixty feet (60′) from any street or at a minimum to the back corners of the dwelling. All underbrush shall be cut, cleared away and removed from said properties, except regularly planted and nurtured shrubbery and standing trees and all accumulations of rubbish shall be kept cleaned up and removed therefrom with respect to weeds and brush only. The aforesaid shall not apply to natural woodland except for brush or shall not be permitted within 10 feet of any street. Accumulations of leaves or grass clippings shall not be permitted in front or side yards.

4. Should it be discovered that, by reason of accumulation of rubbish or the excessive growth on land within the City of weeds, grass or like vegetation, that a public nuisance, health hazard or source of filth has developed on said land, the Mayor or other responsible officer of the City shall give five (5) days written notice to said owner, occupant or person having control over said lots or parcels of land to remedy said situation. Upon the failure of the owner, occupant or other person having control over said lots or parcels of land to comply, the Mayor or other responsible officer is authorized to send employees or contractors of the City upon the said property to remedy the situation. The City shall have a lien against the said property for the reasonable value of labor and materials used in remedying said situation. The affidavit of the City or other responsible officer shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to this ordinance and shall be recorded in the office of the County Court Clerk of Greenup County. The said lien shall be notice to all persons from the time of its recording, shall bear interest at the lower of eighteen percent (18%) per annum, or the highest rate permitted by applicable law from the time of recording until paid and may be foreclosed by appropriate action in the Circuit Court of Greenup County. If the City intends to claim a lien against the property, said notice or lien shall be mailed to the last known address of the owner of said property as said address appears on the current tax assessment rolls of the City.

5. In addition to the foregoing, any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof in a court of competent jurisdiction, shall be fined not less than Ten Dollars ($10.00) nor more than One Hundred Fifty Dollars ($150.00) for each violation committed each days continuance of a violation constituting a separate offense, or imprisoned, within the discretion of the judge or jury. In addition to the foregoing, the City, any property owner, or resident citizen aggrieved may proceed in the Circuit Court in and for Greenup County, Commonwealth of Kentucky, by way of injunction, to enforce the discontinuance of such violation or any situation or condition which may have been brought about or exist by reason of such violation of this ordinance and may, in addition to such injunctive relief, be awarded both compensator and punitive damages for such violation.

6. All ordinances, parts of ordinances and amendments thereto in conflict herewith heretofore adopted by the Board of Commissioners of the City are hereby expressly repealed.

7. This ordinance shall be in full force and effect from and after its passage, approval and publication, as required by law.

8. Each section and each sentence of this ordinance is enacted separately and the invalidity 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.

ATTEST:
/s/Elma T. Jessen
City Clerk

First Reading:  June 5, 1996
Second Reading:  June 24, 1996
Publication: July 5, 1996

ORDINANCE NO. 3-2014

AN ORDINANCE REVISING ORDINANCE 3-87 OF THE CITY OF BELLEFONTE, KENTUCKY CONCERNING TREES, SHRUBS, LANDSCAPING AND WEEDS

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF
BELLEFONTE. KENTUCKY:

1. In order that visibility may be maintained for oncoming and converging traffic at intersections, no trees or shrubbery having a height in excess of two (2) feet shall be planted or maintained within ten feet of the intersection of the paved portion of streets.
2. No trees having a circumference at the base of 2 feet or more or a height in excess of 30 feet shall be cut or removed from any lot without the approval of the building inspector on a written request by the property owner.  Consideration for removal of any trees will be based upon (i) whether or not the tree(s) in question is diseased, damaged or its proximity to any building or improvements represents a threat to them, (ii) the number and size of trees remaining within the immediate area of the tree(s) in question, (iii) the lot owner’s representation as to replacement with other tree(s) of the tree(s) to be removed, or (iv) the variety of the tree which is to be removed.
3. It shall be unlawful for any person to suffer or permit weeds, brush, rubbish, trash or other waste material to grow, mature or accumulate upon their lots or parcels of land within the City, and all owners of property within the City shall cause said property to be mowed or to be cut at least once each month from June 1st April 15 to September 30th November 15 in each year and to be maintained in a neat and orderly fashion. All underbrush shall be cut, cleared away and removed from said properties, except regularly planted and nurtured shrubbery and standing trees and all accumulations of rubbish shall be kept cleaned up and removed therefrom with respect to weeds and brush only. The aforesaid shall not apply to natural woodland except brush or weeds shall not be permitted within 10 feet of any street. Accumulations of leaves or grass clippings shall not be permitted in front or side yards.
4. Should it be discovered that, by reason of accumulation of rubbish or the excessive growth on land within the City of weeds, grass or like vegetation, that a public nuisance, health hazard or source of filth has developed on said land, the Mayor or other responsible officer of the City shall give five (5) days written notice to said owner, occupant or person having control over said lots or parcels of land to remedy said situation. Upon the failure of the owner, occupant or person having control over said lots or parcels of land to comply, the Mayor or other responsible officer is authorized to send employees or contractors of the City upon the said property to remedy the situation. The City shall have a lien against the said property for the reasonable value of labor and materials used in remedying said situation. The affidavit of the City or other responsible officer shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to this ordinance and shall be recorded in the office of the County Court Clerk of Greenup County. The said lien shall be notice to all persons from the time of its recording, shall bear interest at the lower of eighteen percent ( 18% ) per annum, or the highest rate permitted by applicable law from the time of recording until paid and may be foreclosed by appropriate action in the Circuit Court of Greenup County. If the City intends to claim a lien against the property, said notice of lien shall be mailed to the last known address of the owner of said property as said address appears on the current tax assessment rolls of the City.
5. In addition to the foregoing, any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof in a court of competent jurisdiction, shall be fined not less than Ten Dollars ($10.00) nor more than One Hundred Fifty Dollars ($150.00) for each violation committed, each day’s continuance of a violation constituting a separate offense, or imprisoned for not more than thirty (30) days, or both so fined and imprisoned, within the discretion of the judge or jury. In addition to the foregoing, the City, any property owner, or any resident citizen aggrieved may proceed in the Circuit Court in and for Greenup County, Commonwealth of Kentucky, by way of injunction, to enforce the discontinuance of such violation or any situation or condition which may have been brought about or exist by reason of such violation of this ordinance and may, in addition to such injunctive relief, be awarded both compensatory and punitive damages for such violation.
6. All ordinances, parts of ordinances and amendments thereto in conflict herewith heretofore adopted by the Board of Commissioners of the City are hereby expressly repealed.
7. This ordinance shall be in full force and effect from and after its passage, approval and publication, as required by law.
8. Each section and each sentence of this ordinance is enacted separately and the invalidity 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.

Thomas R. Bradley
Mayor, City of Bellefonte, Kentucky

ATTEST:
Ronald L Fraley
City Clerk-Treasurer

FIRST READING: June 23, 2014
SECOND READING: July 28, 2014
PUBLISHED: August 7, 2014