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CITY OF PEWEE VALLEY, KENTUCKY ORDINANCE # 1, SERIES 2007 AN ORDINANCE REPEALING AND REPLACING THE EXISTITNG OLDHAM COUNTY COMPREHENSIVE ZONING ORDINANCE
WHEREAS, the City of Pewee Valley has the authority pursuant to the provisions of KRS Chapters 67, 100, the Joint Planning Unit Agreement (as amended from time to time, and other applicable law to amend ordinances; and
WHEREAS, Oldham County Planning Commission has recommended the repealing and replacement of the Oldham County Comprehensive Zoning Ordinance; and
WHERAS, the Oldham County Planning Commission did advertise and conduct a public hearing on the recommended repealing and replacement of the Oldham County Comprehensive Zoning Ordinance,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF PEWEE VALLEY:
Section 1: The present Oldham County Comprehensive Zoning Ordinance, along with all amendments, be and hereby is repealed in its entirety.
Section 2: The newly presented Oldham County Comprehensive Zoning ordinance, recommended by the Oldham County Planning Commission, Docket Number PZ-06-045, is hereby adopted in its entirety, along with the Planning Commission's findings of fact set out its minutes of the above docket number, subject to the following additions and corrections:
(a) The following language shall be and hereby is added in Sec. 270-070 Part 2, of the recommended Oldham County Comprehensive Zoning Ordinance in Docket Number PZ-06-045; in order to conform with the City of Pewee Valley’s previous approval of a recommended change to the Joint Zoning Ordinance concerning adequacy of wastewater treatment capacity:
“Within the city limits of Pewee Valley, which is not part of the Oldham County Sewer District, septic systems approved by the Oldham County Health Department shall be considered adequate, and other available wastewater treatment facilities shall not be considered unless requested by the applicant. Nothing in this ordinance shall work any change or conflict with the agreed judgement and order of the Oldham County Circuit Court (case no,. 98-CI-00278) entered March 30, 1999, that the city of Pewee Valley, its property owners and residents, (a) will not be required to connect to any sewer system or wastewater treatment system, and (b) will not be included within or subject to the jurisdiction of the Oldham County Sewer District. Nor shall this ordinance operate to supersede or modify the City’s minimum lot size or drainage ordinances. The availability and capacity of septic systems to treat all or part of projected wastewater flow may be considered when determining whether an application is in compliance with these regulations. The findings and recommendation of the Oldham County Health Department shall be conclusive and final with regard to all matters concerning septic systems.”
(b) In order to conform to the Joint Planning Unit Agreement (as amended from time to time) the intent of KRS Chapter 100 concerning Joint Planning Units, the Bylaws of the Planning Commission (as amended from time to time); Sec. 370-01 of the recommended Oldham County Comprehensive Zoning Ordinance in Docket Number PZ-06-045, shall be and hereby is amended to read as follows:
“This ordinance shall be administered and enforced by the Administrator who may be a member of the Commission and who shall be appointed by the county judge-executive subject to the approval of Fiscal Court. The salary of the Administrator shall be determined in the same manner.
The county shall pay all members of the Commission in an amount determined by the Fiscal Court. The county shall bear all legal, administrative and enforcement expenses, in accordance with the Joint Planning Unit Agreement (as amended from time to time) between the Oldham County Fiscal Court and the Cities of Crestwood, La Grange and Pewee Valley. The county shall have such power as defined by KRS 100 and other laws to contract with all incorporated cities in the county for joint administrator and enforcement of all regulations adopted by Fiscal Court. Each incorporate city that contract with the county shall have the right to maintain its own Board of Adjustment.
The Board of Adjustments shall hear and decide appeals where it is alleged by the appellants that there is error in any ordinance, requirement, permit, decision, determination, or refusal made by the Administrator or other administrative official in the enforcement of any provision of this ordinance.
The county may contract with professional planners, architects, land surveyors and engineers to assistant the administration and enforcement of any provision of this ordinance.
(c) In order to conform to the Joint Planning Unit Agreement (as amended from time to time) the intent of KRS Chapter 100 concerning Joint Planning Units, the Bylaws of the Planning Commission (as amended from time to time); Sec. 370.040 of the recommended Oldham County Comprehensive Zoning Ordinance in Docket Number PZ-06-045, shall be and hereby is amended to read as follows:
“It shall be the duty of the Administrator to inform the applicable Mayor of all violations of this ordinance within the incorporated area which he represents. Each member of the Joint Planning Unit shall pay its own expenses incurred in appeals from enforcement of this ordinance, unless otherwise agreed.”
(d) The following language shall be and hereby is added in Sec. 250- 120, of the recommended Oldham County Comprehensive Zoning Ordinance in Docket Number PZ-06-045; as the Pewee Valley lighting standard, previously passed by Pewee Valley ordinance Ordinance 8, Series 2005:
“1.1 DEFINITIONS
For the purposes of this Ordinance, terms used shall be defined as follows:
Direct light: Light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or diffuser lens of a luminaire.
Fixture: The assembly that houses the lamp or lamps, and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror and/or a refractor or lens, and shielding.
Foot-candle: A unit of illuminance. The amount of light falling on one square foot from one candle one foot away.
Floodlight or Spotlight: Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction.
Glare: Light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see and in extreme cases to cause momentary blindness.
Height of Luminaire: The height of a luminaire shall be the vertical distance from the ground directly below the center line of the luminaire to the lowest direct light-emitting part of the luminaire.
Indirect light: Direct light that has been reflected or has scattered off of other surfaces.
Lamp: The component of a luminaire that produces the actual light.
Light Trespass: The shining of light produced by a luminaire beyond the boundaries of the property on which it is located.
Lumen: A unit of luminous flux. One foot-candle is one lumen per square foot. For the purposes of this ordinance the lumen output values shall be the initial lumen output ratings of a lamp.
Luminaire: This is a complete lighting system and includes a lamp or lamps and a fixture.
Outdoor lighting: The illumination of an outside area or object by any man-made device located outdoors that produces light by any means.
Shielding: This is where direct light from a lamp is cut off or deflected downward by the use of a hood or box or other means.
Temporary outdoor lighting: The specific illumination of an outside area or object by any man-made device located outdoors that produces light by any means for a period of less than seven days with at least 180 days passing before being used again.
ARTICLE 2
2.1 REGULATIONS
All public and private outdoor lighting installed in the City of Pewee Valley shall be in conformance with the requirements established by this Ordinance.
2.2 CONTROL OF GLARE -- LUMINAIRE DESIGN FACTORS
A. Any luminaire with a lamp or lamps rated at a total of more than 1800 lumens and all flood or spot luminaries with a lamp or lamps rated at more than 900 lumens shall not emit any direct light above a horizontal plane through the lowest direct light-emitting part of the luminaire, where shielding may be used to bring such luminaire into conformance with this ordinance.
B. Any luminaire with a lamp or lamps rated at a total of more than 1800 lumens and all flood or spot luminaries with a lamp or lamps rated at a total of more than 900 lumens shall be mounted at a height equal to or less than the value 3 + (D/3) where D is the distance in feet to the nearest property boundary. The maximum height of the luminaire may not exceed 25 feet.
2.3 CONTROL OF LIGHTS SHINING ON RIGHTS-OF-WAY, PUBLIC PROPERTY.
A. No luminaire shall be placed within the front setback area, or for corner lots, a side set back area, as defined by the applicable zoning regulation, except for lights installed for the purpose of illuminating an entrance to property, and, in which case, they shall individually and collectively, not cast a light upon any portion of the surfaced area of a public right of way, measured at a height of four feet above the surface, of an intensity greater than four foot-candles.
B. No luminaire, regardless of its size or type, shall be placed within the rear or side set back areas of residential property except where such areas are used for an entrance to the property and then such light(s) shall conform to the standards set out in section one of this section.
C. No luminaire, regardless of its size or type, shall be permitted which is constructed or situated in such a manner that it casts a light beyond the boundaries of the property upon which the light is maintained and which can be measured at any point on the property of another at an intensity greater than one foot-candle or at any point on a residential structure of another at an intensity of greater than one tenth of one foot-candle.
D. The City shall retain the right to place street lights within its public rights of way where such lights are deemed necessary by the City or its officials for the safety of motorists and pedestrians. Such lights shall not be subject to the restrictions of this section.
2.4 EXCEPTIONS
A. Any luminaire with a lamp or lamps rated at a total of 1800 lumens or less and all flood or spot luminaries with a lamp or lamps rated at 900 lumens or less may be used without restriction to light distribution or mounting height, except that if any spot or flood luminaire rated 900 lumens or less is aimed, directed or focused so as to cause direct light from the luminaire to be directed toward residential buildings on adjacent or nearby land or to create glare perceptible to persons operating motor vehicles on public ways, the luminaire shall be redirected or its light output controlled as necessary to eliminate such conditions.
B. Luminaries used for public roadway illumination may be installed at a maximum height of 25 feet and may be positioned at that height up to the edge of any bordering property.
C. All temporary emergency lighting needed by the Police, the Fire Departments or other emergency services, as well as all vehicular luminaries, shall be exempt from the requirements of this article.
D. All hazard warning luminaries required by Federal regulatory agencies are exempt from the requirements of this article, except that all luminaries used must be red and must be shown to be as close as possible to the federally required minimum lumen output requirement for the specific task.
E. Luminaries used primarily for sign illumination may be mounted at any height to a maximum of twenty-five (25) feet regardless of lumen rating.
F. Where any provision of federal, state, or county or city statute, ordinance, or regulation conflicts with any provision of this Ordinance, the most restrictive shall govern unless otherwise regulated by law.
G. Spot lighting may be used to illuminate a building, sign or flag, or flood lighting for temporary backyard, driveway or security purposes, provided such lights do not cause glare perceptible from the street or light trespass upon neighboring property greater than one foot-candle.
2.5 TEMPORARY LIGHTING -- ADVERTISING
A. Any temporary outdoor lighting that conforms to the requirements of this Ordinance shall be allowed. Nonconforming temporary outdoor lighting may be permitted by the City Council after considering 1) the public and/or private benefits that will result from the temporary lighting; 2) any annoyance or safety problems that may result from the use of the temporary lighting; and 3) the duration of the temporary nonconforming lighting. The applicant shall submit a detailed description of the proposed temporary nonconforming lighting to the City Council, who shall consider the request at a duly called meeting of the Council. Prior notice of the meeting of the City Council shall be given to the applicant and the Pewee Valley Lighting Committee. The City Council shall render its decision on the temporary lighting request within two weeks of the date of the meeting. A failure by the City Council to act on a request within the time allowed shall constitute a denial of the request.
B. Lighting fixtures used to illuminate an outdoor advertising sign shall be mounted on the top of the sign structure and shall comply with shielding requirements of Section 2.2. Bottom-mounted outdoor advertising-sign lighting shall not be used. Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from within which do not require shielding must be approved by the City Council, where lamp wattage total shall be less than 41 watts. Dark backgrounds with light lettering or symbols are preferred to minimize detrimental effects. Laser or similar high intensity source lights, including searchlights, is prohibited.
ARTICLE 3
3.1 EFFECTIVE DATE AND GRANDFATHERING OF NONCONFORMING LUMINAIRES
A. This ordinance shall take effect immediately upon approval by City Council and publication in a newspaper of general circulation, and shall supersede and replace all previous ordinances pertaining to outdoor lighting.
B. All luminaries in place prior to the date of this ordinance shall be grandfathered. However, any luminaire that replaces a grandfathered luminaire, or any grandfathered luminaire that is moved, must meet the standards of this ordinance. Notwithstanding, all luminaries within the city limits shall be brought into compliance within 10 years of enactment of this ordinance.
ARTICLE 4
4.1 INSTALLATION OF PUBLIC AREA AND ROADWAY LIGHTING -- NEW CONSTRUCTION
A. Installation of any new public area and roadway lighting fixtures other than for traffic control shall be specifically approved by the City Council.
B. Before any proposal for new multiple public roadway lighting luminaries shall be approved, the City Council shall hold a public hearing to describe the proposal and to provide an opportunity for public comment.
C. If any subdivision, development or new construction within the City of Pewee Valley proposes to have installed street or other common or public area outdoor lighting, the lighting plans, description, and data shall be approved by the City and the final plat shall contain a statement certifying that the applicable provisions of the City will be adhered to.
ARTICLE 5
5.1 NOTIFICATION REQUIREMENTS
A. Any building permit application within the City of Pewee Valley shall include a statement asking whether the planned project will include any outdoor lighting.
B. Within 30 days of the enactment of this ordinance, the City Clerk shall send a copy of the Outdoor Lighting Ordinance with a cover letter to all local electricians and local electric utilities, including at least those in the towns of Pewee Valley, Crestwood, and LaGrange, and those listed in the Bluegrass, TransWestern or other yellow pages serving Oldham County.
ARTICLE 6
6.1 VIOLATIONS, LEGAL ACTIONS AND PENALTIES
A. Violations and Legal Actions: If after receipt and investigation of a complaint, City officials find that any provision of this ordinance is being violated, notice by hand delivery or by certified mail, return receipt requested, of such violation shall be given to the owner and/or to the occupant of such premises, demanding that the violation be abated within thirty (30) days of the date of hand delivery or of the date of mailing of the notice. If the violation is not abated within the thirty-day period, such continuing violation shall constitute a minor offense.
B. Penalties: A violation of this ordinance, or any provision thereof, shall be punishable by a fine of one hundred dollars ($100), plus court costs, and each day of violation after the expiration of the thirty (30) day period provided in paragraph 6.1A may constitute a separate offense for the purpose of calculating the penalty.”
(e) The following language shall be and hereby is added in each zoning classification, under “Minimum Lot Area” either with or without sanitary sewers, of the recommended Oldham County Comprehensive Zoning Ordinance in Docket Number PZ-06-045, in order to conform with the City of Pewee Valley’s previous approval of a text amendment to the Joint Zoning Ordinance concerning minimum lots size:
“(43,560 square feet within the City of Pewee Valley)”
Section 3: This ordinance shall take effect upon its reading and passage, in accordance with law.
First Reading: February 5, 2007
Second Reading: April 2, 2007
Passage and Approval: April 2, 2007 _______________________Bob Rogers Mayor
ATTEST: ___________________ Robin O’Bryan, City Clerk
“Aye” Votes: Stan Fitch, Dana Barrette, Willard Chambers, Henry Walser, Bethany Major, Dick Filippini
“Nay” Votes: None |