By Patricia A. Scheyer
NKyTribune reporter
Park Hills city council approved an amendment to the title of chapter 52 of the code of ordinances this week, adding section 52.10 to the chapter regarding encroachments.
Since this clarification has to do with parking pads in the city, and knowing that parking pads are very important to residents, there was some discussion on the subject.
“This is to, if you recall from the first reading , to clarify what the chapter 52 meant,” said Mayor Kathy Zembrodt, “because it is kind of vague.”
Councilmember Pam Spoor asked for more discussion on the subject and asked if the city can put the issue on the website, as well as an explanation in the next newsletter to help people understand this is the situation, and avoid miscommunications.
“The encroachment permit doesn’t really explain it, it refers you to chapter 52,”said Mayor Zembrodt. “Really, chapter 52 is about utilities and curb cutting and restoring after they have curb cut for utilities.”
She explained that since chapter 52 was more about utilities, and residents wanted to refer to it, especially for parking pads, the city thought that part of the issue should be referred to PDS.
Councilmember Monty O’Hara asked what the city defines as a permanent structure, and Zembrodt said it is something that cannot be removed, such as a parking pad. Councilmember Spoor said this does not affect people who already have a parking pad, it is going forward from this point. However, if street work is done, and the existing parking pads which are in the right of way have to be removed, they will not be replaced.
This section that has been added specifies that no permanent structures, like parking pads, will be permitted in the right of way. Spoor said this is for everybody in the city going forward.
O’Hara said his issue is that the city seems to allow almost unlimited curb cuts as long as they are pulling in.
“I think what our zoning ordinance says is 20 foot for the driveway width, so that’s your limit,” said Spoor. “I think the idea of this clarification, and I don’t think this is a change, it is a clarification, is to just let our residents know you can have that 20 foot width on the driveway and you can widen your driveway, but we don’t want you taking that right of way and paving it.”
O’Hara said there are places where the entire front yard is parking, and Spoor said he was right, but this is going forward.
“It said there (in the zoning ordinance), no permanent structure but it seemed to get lost in the translation,” said Zembrodt.
Zembrodt added that Chapter 52 already had 9 extras to the text, and this will be number ten, which is to clarify and spell out that residents cannot put permanent structures in the right of way on their property. The right of way houses utilities, and they have to be accessible.
The county does allow driveways to be 20 feet wide, and residents have to go to Planning and Development services, PDS, to see if they can actually get a permit for widening their driveway. If they want to put a parking pad in, it needs to be perpendicular to the street and definitely not in the right of way. But the amendment passed is very clear that no permanent structures can be put in the right of way in the city of Park Hills.