Applications required under this Ordinance must be submitted in a form, manner, and number as required by the Kenton County Planning Commission, Board of Adjustment (BOA), or Legislative Body.

All applicants for development plan approvals, map amendments, variances, conditional uses, administrative appeals, and changes in nonconforming uses shall arrange a pre-application meeting with the Zoning Administrator before completing and filing the required application. Pre-application meetings are encouraged for text amendments. The Zoning Administrator will review the zoning classification of the site, review the regulatory ordinances and materials, and review the procedures. PDS will assist and advise the petitioners in preparing the application and supportive documents as necessary.

Applications must be accompanied by a fee amount that has been established by the Kenton County Planning Commission, BOA, or Legislative Body.

The Zoning Administrator shall determine if the application is administratively complete. If the Zoning Administrator determines that the application is not administratively complete, staff shall notify the applicant in writing. No additional review of the application shall occur until the application is determined to be administratively complete.

Unless otherwise specified, published public hearing notices must be in accordance with KRS 100 and KRS 424.

In all cases, the burden is on the applicant to show that an application complies with applicable review or approval criteria.

The following table summarizes the review and approval authority of the various review bodies and permit/entitlement type in the Ordinance.

A Development Plan review process, as set forth herein, is hereby established to ensure adherence to the standards of this Ordinance.

The purpose of the process is to provide more predictability, a streamlined process, promote flexibility, innovation, and creativity in the design of the built environment, and assure the compatibility of development with the surrounding community.

The Concept Development Plan review process shall be required for any map amendment to any multi-family, mixed use, commercial, or industrial zone and any Planned Unit Development. In addition to the Concept Development Plan review process, a Final Development Plan review process is required for any construction within a Business Park (BP), Mixed Use (MU), and PUD Zone. For all other zoning districts not requiring Final Development Plan review, zoning permits must be acquired after approval of a Concept Development Plan.

1. Exceptions

   Map amendments to any single-family residential zone shall not require Concept Development Plan approval in accordance with this Article. Map amendments submitted by the legislative body, or the Kenton County Planning Commission, are not required to submit a Concept Development Plan.

1. Concept Development Plan
   1. The purpose of the Concept Development Plan is: to indicate the future subdivision of the property into lots, blocks, or common areas; to ensure a coordinated development prior to developing a property, and; to ensure compliance with the standards of this Ordinance and the Kenton County Subdivision Regulations with regard to lots (e.g., size, access, general building envelopes), common areas (e.g., perimeter landscaping, shared signage), access and traffic impacts, and shared infrastructure (e.g., drives, streets, cross-access, utilities, drainage).
   2. The Concept Development Plan shall have a recommendation for approval, approval with conditions, or disapproval by the Planning Commission, and final approval, approval with conditions, or disapproval of the Concept Development Plan by the City Council.
   3. The Concept Development Plan may include some flexibility of the location of specific uses (e.g. mixed use or commercial) or flexibility in residential unit types, where that flexibility is clearly defined within the plan and meets the overall density and development standards of the zoning district.
   4. Once approved, the Concept Development Plan is binding, except for the flexibility noted in the paragraph above and minor modifications as noted in Section 13.02, E., 1., i., 1., Amendments to Approved Concept Development Plan, Minor Amendments.
2. Final Development Plan

   The purpose of the Final Development Plan is to clearly define all construction matters and special conditions such as construction techniques, specific building locations and design (e.g., architecture), and specific site design (e.g., parking, grading, access and circulation) for an individual lot, block, or phase of development. The Final Development Plan shall be approved by PDS staff to assure that it is in conformity with the Concept Development Plan.

1. Map Amendment/Concept Development Plan
   1. Pre-Application Meeting/TRC Review Meeting

      See Section 13.01 B. Pre-Application Meeting. All Map Amendments/Concept Development Plan applicants must meet with the Technical Review Committee for a pre-application project review. The TRC will provide comments and initial input. The TRC will also identify submittal requirements, including the need for a Traffic Impact Study at the Pre-application meeting. Applicants may seek input from the TRC as necessary as development details are refined.

      Following review by the TRC, the petitioner may submit revised copies of the proposal that address the comments and concerns. The petitioner shall refer to the specific application packet to determine the format and number of copies to be delivered to PDS staff.

   2. Amendments Prior to Public Hearing

      Amendments to a Concept Development Plan to be considered at the public hearing must be received by PDS staff in accordance with the KCPC bylaws, to allow for the PDS staff written report to include comments and recommendations related to plans that may have been amended in response to comments provided by PDS staff or TRC, in addition to Subsection e. below.

   3. Public Hearing and Notice

      See Section 13.01 E. Public Hearing and Notice.

   4. Amendments Proposed at Public Hearing

      An Applicant may make amendments to a Concept Development Plan pending determination by the Kenton County Planning Commission at any time prior to a vote being called for by the Kenton County Planning Commission. If, in the sole discretion of the Kenton County Planning Commission, the proposed amendment is of such a nature that additional time is needed for review, then the Kenton County Planning Commission may continue its consideration in accordance with the Rules of Procedure of the Kenton County Planning Commission.

   5. Planning Commission Action

      The Kenton County Planning Commission will then hold the public hearing and review the application and required information and shall make a recommendation of approval, approval with conditions or disapproval on the map amendment/Concept Development Plan in accordance with this Ordinance, KRS, and the Rules of Procedure of the Planning Commission.

   6. Amendments Agreed to at Public Hearing

      If amendments are presented by the Applicant and agreed to by the Kenton County Planning Commission at the public hearing, then revised plans indicating all amendments approved by the Kenton County Planning Commission shall be filed with PDS staff after the public hearing but prior to legislative body action.

   7. Legislative Body Action

      The legislative body shall take final action on a Map Amendment/Concept Development Plan, including any amendments accepted by the Kenton County Planning Commission, in accordance with the timeframe and process outlined for Map Amendments, in Section 13.04, Map Amendments.

   8. Concept Development Plan Review Criteria

      Concept Development Plans shall be reviewed by PDS staff and recommendations made by the Planning Commission upon written findings that the Plan complies with the following:

      1. Consistency with the Comprehensive Plan.
      2. Complies with the development requirements of this Ordinance and the Kenton County Subdivision Regulations.
      3. Manages traffic in a manner that creates conditions favorable to health, safety, convenience, and the harmonious development of the community such that:
         1. The design and location of proposed street and highway access points shall minimize safety hazards and congestion.
         2. The capacity of adjacent streets and highways is sufficient to safely and efficiently accept traffic that will be generated by the new development.
         3. The entrances, streets and internal traffic circulation facilities in the proposed development are compatible with existing and planned streets and adjacent development.
         4. These impacts shall be evaluated through the completion of a Traffic Impact Study consistent with the Kenton County Subdivision Regulations, if requested by the TRC at the Pre-application meeting.
      4. The applicable utilities have sufficient capacity to provide potable water, sanitary sewer facilities, electricity, telephone, natural gas, and cable service at a satisfactory level of service to meet the needs of the proposed development.
   9. Amendments to Approved Concept Development Plan

      Changes to an approved Concept Development Plan which has already received approval by the Legislative Body shall be subject to this Section. PDS staff shall determine whether a change to an approved Concept Development Plan is a Major Amendment or Minor Amendment.

      1. Minor Amendments

         All changes that do not meet the thresholds established below for Major Amendments shall be considered Minor Amendments. Minor Amendments may be administratively approved as part of the Final Development Plan or Zoning Permit without a public hearing.

      2.  Major Amendments

         A change shall be deemed a Major Amendment if PDS staff determines the change results in any of the following:

         1. An increase in the buildable square footage or number of units above what is permitted in Section 13.02, D., 1., c,. or 10%, whichever is greater. In no case shall the density exceed the maximum permitted in the zoning district.
         2. An increase in the area of off-street parking or footprint of building along the perimeter of a development by more than 10 percent of the original off-street parking area or building footprint approved on the Concept Development Plan.
         3. An increase in the off-street parking area or footprint of an interior building by more than 30 percent of the original off-street parking area or building footprint approved on the Concept Development Plan
         4. A change of use that results in a more intense use.
         5. A change that results in an inability to meet a required condition of approval or a requirement of this Ordinance (for instance off-street parking).
         6. Additional driveways, rights-of-way or access points onto the adjacent roadway system.
         7. A change that results in a building or off-street parking area being moved closer to an adjoining property line by more than five percent of the distance that was originally approved on the Concept Development Plan if the adjacent property is zoned residential, and ten percent distance that was originally approved on the Concept Development Plan if the adjacent property is zoned mixed-use or non-residential.
         8. Other changes considered to be major by PDS staff that are of such nature as to violate the intent or character of the approved Concept Development Plan.

            If PDS staff determines a change to an approved Concept Development Plan is a Major Amendment, then the applicant shall be required to file a new application of an amendment to the Concept Development Plan, which shall follow the procedures set forth in Section 13.02, E., Approval Process. for the initial approval of the Concept Development Plan.

2. Final Development Plan Approval

   Final Development Plans shall be reviewed by PDS staff. After review, PDS staff shall recommend favorable, favorable with conditions, or unfavorable on the Final Development Plan, including written findings that the Plan complies with the applicable articles and sections of the zoning ordinance and any conditions placed upon the approved Concept Development Plan, and all improvements identified or agreed upon resulting from the TIS are shown. The Zoning Administrator shall approve, approve with conditions, or disapprove the Final Development Plan. All approved Final Development Plans shall be binding upon the applicants, their successors and assigns, and the development shall be limited to all conditions and limitations established in such plans.

3. Phasing of Development Plan

   After the Concept Development Plan is approved, the subject area may be developed in phases, provided all of the procedures required by local, state, and federal regulations have been complied with. Each phase may be submitted to the Zoning Administrator at the time the applicant is ready to develop, and that phase will be reviewed against the approved Concept Development Plan. Required public amenities and infrastructure improvements shall be provided proportionally with each phase. Separate zoning permits must be obtained for each individual building after Final Development Plan approval.

If the Final Development Plan is for a specific building rather than a phased plan in the Subsection above, then the approval of the Final Development Plan shall also constitute an approved zoning permit. An approved Final Development Plan for an individual building does not replace any other local, state, or federal regulation approvals.

Final Development Plans shall be reviewed by PDS staff and make written findings that the Plan complies with the following:

1. Complies with the approved Concept Development Plan, including any conditions.
2. Complies with the development requirements of this Ordinance and the Kenton County Subdivision Regulations.
3. Complies with all the requirements of the traffic impact study and access management plan, if applicable.

Amendments to approved Final Development Plans may be approved by the Zoning Administrator using the same criteria in Section 13.02, E., 1. If changes to an approved Final Development Plan are considered minor, an application for Zoning Permit, (see Section 13.10 Zoning Permits), may be filed. If the Zoning Administrator determines a change to an approved Final Development Plan is a Major Amendment, then the applicant shall be required to file a new application of an amendment to the Concept Development Plan, which shall follow the procedures set forth in Section 13.02, E., Approval Process, for the initial approval of the Concept Development Plan.

Expiration

1. The legislative body may initiate a request for a public hearing by the planning commission, in accordance with the requirements of KRS Chapter 100, for the purpose of determining whether the Concept Development Plan should expire, if a Final Development Plan for the first phase of a development has not been filed within two years of obtaining Concept Development Plan approval.

2. The legislative body may initiate a request for a public hearing by the planning commission, in accordance with the requirements of KRS Chapter 100, for the purpose of determining whether the Concept Development Plan should expire, if substantial construction is not started within one year of obtaining Final Development Plan approval.

3. An extension may be permitted upon approval of the legislative body if sufficient proof can be demonstrated that the Final Development Plan or construction was delayed due to circumstances beyond the applicant's control, and that prevailing conditions have not changed appreciably to render the previous approvals obsolete.

The intent of the Planned Unit Development District is to:

1. Implement elements of the Kenton County Comprehensive Plan;
2. Provide flexibility in creating planned communities that typically incorporate a range of uses, including residential, commercial, office, flex industrial, or recreation;
3. Promote the clustering of dwellings on a development site while preserving shared open space;
4. Provide an environment within the layout of a site that contributes to a sense of community and a coherent development style;
5. Encourage the preservation and enhancement of natural amenities and cultural resources;
6. Protect the natural features of a site that relate to its topography, shape, and size, and to provide for a significant amount of open space; and
7. Provide for an efficient arrangement of land uses, buildings, circulation systems, and infrastructure.

1. The PUD District narrative and development plan shall indicate the land use, development standards, and other applicable specifications, which shall govern the PUD. If the PUD District narrative and development plan does not address specific land use, development standards or other specifications of this Ordinance, the standards of the previous zoning district shall apply and be specifically noted in the narrative.
2. The location of a PUD shall be designated on the Zoning Map and adopted pursuant to this Ordinance.
3. The Concept and Final Development Plans must comply with all required improvements, construction standards, design standards and all other engineering standards contained within this Ordinance and other pertinent regulations, except where specifically exempted through the provisions of this Ordinance.
4. It is the City’s expectation that to rezone to a PUD, a site shall be developed at a higher quality of development standard than the zoning district from which it is being rezoned.

The PUD application shall be accompanied by all plans and documents. The PUD rezoning will follow the Development Plan Process as described in Section 13.02, Development Plan Review for Concept and Final Development Plans.

Standards are established for each PUD based on the approved narrative and development plan. In reviewing and approving intensity and dimensional standards, the City Council will consider the overall impact of the development on adjacent properties and infrastructure, the intent of the Comprehensive Plan, and the quality of the development proposed and its impact on community character.

1. Permitted Uses

   Uses permitted in a PUD may be any use that is found in Article 4, Use Regulations & Standards, subject to the approval of the City Council. While use-specific conditions outlined in Article 4 apply, other conditions required to mitigate incompatibilities and address site-specific conditions as imposed by the applicant or required by City Council shall apply and be binding.

2. Open Space/Recreation Area Required
   1. Open space shall be allocated, designed and maintained as an integral part of all PUDs. Open space shall, at a minimum, be at least 30 percent of the total acreage of the proposed PUD. and recreation area . The open space and recreation areas shall be physically situated so as to be readily accessible, available to, and usable by all residents.
   2. Required open spaces must be integrated into the proposed development and may not be physically separated by an exterior through-roadway.
   3. Firm, stable, and slip resistant surface paths shall be provided in the following locations:

      1. Paths connecting sidewalks to active recreation areas, such as playgrounds or frisbee golf;

      2. Within prominent open space areas that, because of their location and size within the development, will be a primary amenity for the residents of the PUD;

      3. Connections between cul-de-sacs to form continuous pedestrian routes through the development;

   4. Nature trails finished with other materials may be permissible where topography and other natural elements preclude the construction of firm, stable, and slip resistant surfaces, but they must be integrated into an entire path/trail network that includes firm, stable, and slip resistant paths as well.

1. The following items must be presented with the Concept Development Plan and narrative:
   1. Uses
   2. Density
   3. Area
   4. Height, Yard and Setbacks
   5. Off-Street Parking and Loading Requirements
2. In addition to the items in subsection a above, the following must be presented with the Final Development Plan
   1. Any development standards that may deviate from Article 7 Development Standards
   2. Any deviations from the requirements in Section 4.05, Use-Specific Standards.
   3. Signage

For amendments to approved plans, see Section 13.02, E., 1., i., Amendments to Approved Concept Development Plan.

1. Abandonment may be deemed to have occurred when the PUD Final Development Plan has not been filed for within one year of PUD Concept Development Plan approval or no substantial construction has been made pursuant to the approved PUD Final Development Plan for one year, or upon the expiration of one year from the date of approval of the PUD Final Development Plan. The City Council may grant a one year extension upon written request of the developer.
2. Under the abandonment of a development authorized under this Subsection, the Planning Commission or City Council, may initiate an amendment to the Zoning Map so that the land identified as the abandoned PUD shall be zoned into a category or categories that approximate the previous zoning district, the existing use, or any other such zoning category or categories which it deems appropriate. Until such rezoning is approved by the City Council, the PUD zoning and PUD District narrative and development plan are still valid.

Before any map amendment is granted, the Planning Commission or City Council must find that the amendment is in agreement with the adopted comprehensive plan, or in the absence of such a finding, that one or more of the following apply and such finding and report shall be recorded in the minutes and records of the Planning Commission or City Council.

1. That the existing zoning classification given to the property is inappropriate and that the proposed zoning classification is appropriate; and
2. That there have been major changes of an economic, physical, or social nature within the area involved which were not anticipated in the adopted comprehensive plan and which have substantially altered the basic character of such area.

No zoning map amendment application may be accepted if the proposed amendment would create a free-standing zone that does not meet the following minimum area standards:

In compliance with applicable sections of KRS 100.

It shall take an affirmative vote of a majority of the City Council to adopt a proposed text amendment.

A certificate of zoning compliance is required, post construction, for all permitted developments. A certificate of zoning compliance will be issued upon completion of a permitted activity on a lot or parcel, in conformance with this ordinance.

Except where a Final Development Plan constitutes a zoning permit per Section 13.02 E., 2., Final Development Plan Approval, a zoning permit demonstrating intent to comply shall be required prior to any activity occurring on a lot or parcel, including but not limited to the following:

1. New structures
2. Additions/expansions of existing structures
3. Accessory structures
4. Clearing, grading, drainage and all other land disturbance
5. Signs, see Section 13.10, F., Permit Requirements and Procedures for Signs
6. Change of use (including change in legally non-conforming uses)
7. Site modifications including landscaping, parking, lighting, etc.
8. Fences, driveways, decks
9. Home occupations
10. Temporary uses
11. Any other human-caused change in a property, improved or unimproved real estate, requiring a government’s approval.

The Zoning Administrator shall review the submitted application materials for compliance with the requirements of this Ordinance. If the application sufficiently demonstrates intent to comply with the requirements of this Ordinance, the Zoning Administrator shall issue a zoning permit for the activity to proceed. If, upon review, the Zoning Administrator cannot establish intent to comply with this Ordinance, a zoning permit for the proposed activity shall not be approved.

Failure to obtain a zoning permit or failure to comply with an approved zoning permit constitutes a zoning violation.

The zoning permit issued must comply with the provision of this Ordinance unless a variance has been granted by the Board of Adjustments.

1. If a building permit has been issued and remains open and active, the zoning permit also remains open and active.
2. If a building permit expires, then the zoning permit shall also expire and a new zoning permit must be obtained prior to a new building permit being obtained.
3. In cases where a zoning permit has been issued and no building permit is required, applicants must complete the permitted activity within 180 days from the date of issuance of the zoning permit. If the permitted activity is not completed, the zoning permit shall expire, and a new zoning permit must be obtained. A one time extension of 180 days may be granted by the Zoning Administrator upon request by the applicant.

If a permit is required for a sign, then the following requirements and procedures apply:

1. Application: No permit shall be granted until and after an application has been filed with the designated administrative official, showing the plans and specifications, including application fees, dimensions, materials, and details of construction of the proposed structure and meeting all provisions of this Article.
2. Application Form: The Zoning Administrator shall prepare and provide a form to be used as an application for a sign permit. The same form may constitute a permit, when duly approved. Multiple signs may be listed on a single permit only when they are all on the same lot or parcel, or are part of a single, comprehensive development.
3. Information on the application: The sign application form shall include the following information:
   1. Name and contact information for the applicant, and if separate, the name, address and consent of the property owner;
   2. Street address and Property Identification Number (PIDN) of the site;
   3. Accurate site plan to scale describing the design, dimensions, proposed placement, structural and electrical characteristics and appearance of the sign(s), including the location of existing buildings, signs and other structures on the same site as the proposed sign(s);
   4. If the plans and drawings require an engineer’s or architect’s seal, signature or certificate, such shall show current Kentucky registration or licensure;
   5. Any signs or other structures to be removed or relocated;
   6. Dimensions and heights of all existing and proposed sign(s);
   7. Information regarding electrification, trenching, demolition, plumbing, temporary street closure, or encroachment into the public right of way;
   8. Any known uncorrected violations of zoning laws on the site;
   9. Name, address and any licensing/bonding information for any sign contractors;
   10. Technical drawings, specifications, structural safety calculations for the sign structure;
   11. If the sign is subject to any of the safety codes (building, electrical, etc.), then all information required to determine compliance with such codes or to satisfy the requirements of such codes;
   12. The length of each occupant’s/tenant/s lineal wall frontage;
   13. Workers’ compensation and liability documents and occupational licenses for all contractors.
4. Initial Review: Unless a given sign is exempt from the permit requirement, all sign permit applications shall be reviewed by the Zoning Administrator, and approved or denied on the basis of whether the proposed sign satisfies all requirements of this Article, and all other applicable laws, rules and regulations. If it does, then the permit shall be issued. If it does not, then the denial notice shall specify the point(s) of noncompliance. Decisions on sign permit applications shall be made in writing by the Zoning Administrator, and are subject to the appeal procedures provided herein. When applicable, permits under building and electrical codes then in effect are also required; sign permits may be approved subject to compliance with building and electrical code requirements.
5. Completeness: Initial review of an application will be for the purpose of determining if the application is complete. If the application is found incomplete, written notice of the finding of incompleteness will be given to the applicant within fifteen working days of submission, detailing the points of incompleteness. Notice is deemed effective when mailed or personally delivered. After notice of incompleteness, the applicant shall have thirty calendar days in which to resubmit the application, with all noted items of incompleteness cured. If the application is resubmitted within that time, no additional fee shall be required, and the application, if complete, shall then be processed in accordance with this Section. If no notice of incompleteness is timely provided, the application shall be deemed complete as of the last day on which the notice of incompleteness could have been given.
6. Time for Decision: The Zoning Administrator shall render a decision on each complete sign permit application within five working days of when the application was complete.
7. Noncompliance with a Permit: All signs shall conform to the requirements of the permit, and all other applicable laws. Any sign not erected or constructed as represented on the application upon which the permit was issued shall not be construed as a hardship case, but shall be construed as a misrepresentation of facts on the application and a violation of this Article. Any noncomplying sign which is not removed or corrected within the required time shall be a deemed public nuisances and a violation of the zoning ordinance, and may be abated in the same manner as any public nuisance or zoning ordinance violation.

Per KRS 100.257, KRS 100.261, and KRS 100.263, appeals to the Board may be taken by any person or entity claiming that there is an error in, or that they are injuriously affected or aggrieved by, an official action, order, requirement, interpretation, grant, refusal, or decision of the Zoning Administrator