Clifton Community Council

BINDING ELEMENTS or CONDITIONS of APPROVAL

...are specific design details & restrictions ...

BINDING ELEMENTS

Binding elements (or Conditions of Approval) are specific design details and restrictions that property owners agree to follow if approval of their plan is granted. They may be attached to rezonings, development plans, subdivisions and minor plats. These provisions run with the land; change in ownership does not affect the binding elements. They are legally binding and enforceable parts of the approved plan.

Typical design details and restrictions may include the following:

• woodland protection (permanent areas)
• tree preservation (temporary areas)
• buffering or screening by vegetation or fencing
• road improvements
• size and height of structure
• outdoor lighting requirements
• landscaping
• sign size and location
• parking
• sidewalks
• hours of operation
• restriction of outdoor advertising signs, balloons, pennants or banners
• site usage limitations
• outdoor storage restrictions
• outdoor music or entertainment restrictions

Building permits are not issued except in conformance with the binding elements.

YOUR ROLE - Be aware of construction activities or clearing and grading in your neighborhood. Obtain information on what binding elements or conditions have been attached to projects in your area.

To obtain zoning information, call (574-6230) or visit Planning and Design Services, located at 900 Fiscal Court Building. Some site specific zoning information cannot be given out over the telephone.

If you observe what you believe are violations, please contact the following:

City
Zoning Enforcement Officer
Inspections, Permits & Licenses
609 W. Jefferson
574-3804


County
Zoning Enforcement Officer
Planning & Development Services
900 Fiscal Court Building
574-6230

ENFORCEMENT - In 1998, the Kentucky General Assembly adopted legislation to provide a supplemental means of obtaining compliance with binding elements. Subsequently, Jefferson County Fiscal Court passed an ordinance to strengthen the enforcement of binding elements.

Under this ordinance, binding element violations may be classified as a civil offense, and the Planning Commission may issue remedial orders and impose civil fines. An escalating system of notices, citations, and hearing by the Planning Commission provides the means for correction.

Process for enforcement of the ordinance:

1. A warning notice is issued which allows 10 work days for permanent correction of the violation.

2. If the violation is not corrected, a citation is issued. The citation allows 14 calendar days for the violator to respond by either paying a fine and correcting the violation, or requesting a hearing before the Planning Commission to contest the citation.

Failure to respond to the citation waives the violator's right to a hearing, at which time the Planning Commission issues a final order upholding the citation and imposing the fine. Repeat violations of the some binding element will result in initial issuance of a citation instead of a notice.

3. Hearings are held before the Planning Commission, who determine if a violation has been committed. The Commission issues a final order either dismissing the citation, or upholding the citation and ordering the violator to pay a fine (if applicable) and remedy the violation.

Remediation or correction of the violation is an important component of the ordinance. Failure to correct a violation can result in civil penalties of up to $4,000 per day.

Posted by mjol on 08/26/2007
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Louisville, Kentucky 40206