Jessamine County Unincorporated
City Zoning Code

ARTICLE V

AMENDMENTS

5.1 AMENDMENT PROCEDURE

For the purpose of establishing and maintaining sound, stable, and desirable development within Jessamine County, neither these regulations nor the official zoning map, shall be amended except as follows:

A.
Amendments to Zoning Regulations: Hearings
1. I.
  A proposal for amendment to any zoning regulation or the zoning map may originate with the Planning Commission, with the Fiscal Court or any legislative body which is a member of the unit, or with the owner of the property in question. Regardless of the origin of the proposed amendment, it shall be referred to the Planning Commission before adoption. The Planning Commission shall then hold at least one (1) public hearing after notice as required by KRS Ch. 424 and make recommendations to the Fiscal Court, and it shall take a majority of the Fiscal Court to override the recommendation of the Planning Commission.
2. II.
  All procedures for public notice, publication, and adoption of an amendment shall be the same as for the original enactment of a zoning regulation.
3. III.
  The zoning regulation or map shall not be amended, changed, or modified in such a manner as to create a free standing zone of less than five (5) acres, except for B-1 Highway Commercial which may be as small as three (3) acres and for a parcel of less than five (5) acres for which a zone map amendment is requested that permits as a primary use, the use which has continuously occurred or existed on the property since May 6, 1971, but in no case shall the area of the free standing zone be less than the minimum lot size standard of the zone requested.
4. IV.
  If the Zoning Regulation Amendment proposal originates with the owner of the property in question the application shall be made in writing to the Planning Commission to be received by the Administrative Officer by the day indicated on the APPLICATION DEADLINE SCHEDULE posted in the office of the Administrative Officer. Applications received after the day indicated on the Deadline Schedule shall not be received at the next regularly scheduled Planning Commission meeting.
B.
Findings Necessary for Map Amendment
Before any map amendment is granted, the Jessamine Fiscal Court must find that the map amendment is in agreement with the Comprehensive Plan, or in the absence of such finding, that one (1) or more of the following apply and such finding shall be recorded in the minutes and records of the Planning Commission or the Jessamine Fiscal Court.
1. I.
  That the existing zoning classification given to the property was inappropriate and that the proposed zoning classification is appropriate.
2. II.
  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. In addition, the Planning Commission, as a condition to the granting of any Map Amendment, shall require the submission of a development plan. It must acted upon by the Planning Commission prior to the Map Amendment request being acted upon by the appropriate legislative body. Development Plans to be reviewed shall be submitted to the administrative officer by the day indicated on the APPLICATION DEADLINE SCHEDULE posted in the office of the administrative officer. Development Plans received after the day indicated on the Deadline Schedule shall not be reviewed at the next regularly scheduled Planning Commission meeting.
  The development plan shall be followed and there shall be no variance from the approved development plan, except for a decrease in the number of lots. Specific requirements of the development plan are outlined in Sections 5.1(D) or 5.1(F) and 5.1(G) of this article, as appropriate.
C.
Map Amendment Application Procedure
The following are required as part of the Zone Map Amendment application procedure and unless waived by vote of the Commission, must be submitted to the Planning Commission to be received by the administrative officer by the day indicated on the APPLICATION DEADLINE SCHEDULE posted in the office of the administrative officer before any action is taken on a Zone Map Amendment application. Applications received after the day indicated on the Deadline Schedule shall not be reviewed at the next regularly scheduled Planning Commission meeting.
1. I.
  Completed Zone Map Amendment application form;
2. II.
  Fifteen (15) copies of a plat of the property, measuring no more than 24" x 36" prepared by a licensed surveyor, which shows a vicinity map with the applicant property identified in relation to the City of Nicholasville and which shows major topographic features of the applicant property, including contours streams, springs, major vegetation and soil characteristics and types.
3. III.
  Community Services Impact Analysis

The analysis of the potential impact of the Zone Map Amendment upon each of the community services shall contain the following information:

1. 1.
  Public Education
  1. a.
    A description of the number of enrollees in the public education system who reside within the boundaries of the applicant property at the time of application for Zone Map Amendment;
  2. b.
    A description of the individual schools which school age residents of the applicant property presently attend to include: (1) Total enrollment at the schools, (2) Number of classrooms at the schools, (3) Number of teachers at the schools, (4) Teacher/pupil ratio at the schools;
  3. c.
    A description of the anticipated number of enrollees in the public education system who would reside within the boundaries of the applicant property if the Zone Map Amendment application is approved and the applicant property is fully developed;
  4. d.
    A description of the individual schools which school age residents of the applicant property would attend if the Zone Map Amendment application is approved and the applicant property is fully developed to include: (1) Anticipated total enrollments at the schools, (2) Anticipated total classrooms at the schools, (3) Anticipated number of teachers at the schools, (4) Anticipated teacher/pupil ratio at the schools;
  5. e.
    A description of the amount of money paid to the public agency responsible for public education by the applicant property during the tax year preceding the year in which the Zone Map Amendment application is submitted;
  6. f.
    An estimate of the amount of money which the public school system would be required to spend to provide educational services to the students who would be anticipated to reside within the boundaries of the applicant property if the Zone Map Amendment application is approved;
  7. g.
    An estimate of the amount of money that would be paid to the public agency responsible for the education of school age children which are anticipated to reside within the boundaries of the applicant property if the Zone Map Amendment application is approved and the property is fully developed;
  8. h.
    Subtract the estimate (g) from the estimate in (f). If the subtraction results in a deficit, describe a course of action which could be taken by the provider of public education services to the community or by the applicant to make up the deficit which will occur if the Zone Map Amendment application is approved and the property is fully developed;
2. 2.
  Fire Protection Service
  1. a.
    Describe the amount of tax money to finance fire protection services which the applicant property generated during the tax year previous to the year of the Zone Map Amendment application;
  2. b.
    Describe the amount of tax money for fire protection services which could reasonably be anticipated to be generated by the applicant property lithe application is approved and the property is fully developed.
  3. c.
    Describe the equipment and staff of the fire protection service available to the applicant property including travel time.
3. 3.
  Police Protection Service
  1. a.
    Same as (a) in 1 and 2 above.
  2. b.
    Same as (b) in 1 and 2 above.
  3. c.
    Same as (c) in 1 and 2 above
4. 4.
  Water and Sewer Service
  1. a.
    Describe the diameter of water lines and sewer lines serving the properties adjacent to the applicant property if those lines will be used to serve the applicant property. If new lines will be installed to serve the applicant property describe the diameter of these lines.
  2. b.
    Describe the water pressure of the water lines which serve the properties adjacent to the applicant property and, if these lines will be used to serve the applicant property; whether the water pressure to adjacent properties will be affected.
  3. c.
    Describe the estimated total daily water usage and sewage generation within the boundary of the applicant property if the Zone Map Amendment is approved and the property is fully developed.
  4. d.
    Describe the total daily production capacity of the water system and the total daily treatment capacity of the sewer system. If the provider of the water service to the applicant property is a wholesales, describe the daily production capacity of its supplier.
  5. e.
    If the provider of the water service is a public agency describe: (1) the amount of money which the public agency will be required to expend to provide water and/or sewer service to the applicant property, (2) the amount of money the public agency will receive from the applicant property when fully developed, if it provides water and sewer service; (3) subtract (2) from (1). If the subtraction results in a deficit, describe a course of action which could be taken by the public agency or by the applicant to make up the deficit which will occur if the Zone Map Amendment application is approved and the property is fully developed.
5. 5.
  Electric and Telephone Service and Outdoor Lighting
  1. a.
    Describe the type of electric and telephone service, and identify the providers of these services, which are available to the properties.
  2. b.
    Estimate the total monthly electrical usage within the boundaries of the applicant property if the Zone Map Amendment application is approved and the property is fully developed.
  3. c.
    Describe in graphic and/or text format where outside lighting is proposed, type of lighting proposed, how the applicant proposes to comply with Article 3.21 (F), Lighting, of this ordinance to minimize light glare, trespass, hazards associated with temporary blindness of motorists and security lighting.
6. 6.
  Public Streets and Roads
  1. a.
    Describe the public transportation facilities which serve the properties adjacent to the applicant property including pavement width, right-of-way width, surface type and condition. If a developer constructed road will be necessary to provide access to subdivisions of applicant property, describe this road as above.
  2. b.
    Describe the anticipated average daily traffic volume on these roads at the time of submission of the Zone Map Amendment application.
  3. c.
    Describe the anticipated average daily traffic volume on these roads if the Zone Map Amendment is approved and the property is fully developed.
  4. d.
    if any access to the applicant property is gained from a local road, which is maintained through the expenditure of locally generated tax money, to this public road would be necessary to accommodate any increase in average daily traffic volume upon it which is attributable to the development of the applicant property.
  5. e.
    Estimate the costs to the public agency which would be responsible for the anticipated needed improvements to the public road serving the applicant property.
  6. f.
    Estimate the amount of money paid by the applicant property to the Public agency responsible for the maintenance of the public road which serves the applicant property during the tax year previous to the year in which the application is submitted.
  7. g.
    Estimate the amount of money the public agency responsible for the public road which serves the applicant property could anticipate receiving from the applicant, if the application is approved and the property were fully developed.
  8. h.
    Subtract (c) from (g). If the subtraction results in a deficit, describe a course of action by the public agency or the applicant which could be taken to make up the deficit which will occur if the Zone Map Amendment application is approved, the property is fully developed and the needed improvements are made by the public agency.
  9. i.
    Estimate the total amount of money expended by the responsible public agency for local road improvements and maintenance during the year preceding the year in which the Zone Map Amendment application is submitted.
  10. j.
    Estimate what percentage (e) is of (i).
  1. IV.
    A statement by the applicant explaining why the zone change is requested.
  2. V.
    A check, made payable to the Jessamine Fiscal Court, for the application fee.
  3. VI.
    A check, made payable to the Jessamine Fiscal Court in the amount of $100.00 for court reporter's fees (transcript) and reproduction costs. If expenses for transcript and reproduction are less than $100.00, the balance will be refunded. If transcript and reproduction costs exceed $100.00, the applicant will be billed for the excess.
  4. VII.
    A list of names and addresses of owners of property adjacent to the applicant property.
  5. VIII.
    A stamped (First Class Mail) envelope for each name shown on the list of adjoining property owners.
  6. IX.
    A completed "Receipt for Certified Mail" slip (Postal Service for 3800) for each shown on the list of adjoining property owners.
  7. X.
    A completed "Return Receipt" card (Postal Service Form 3811) for each name shown on the list of adjoining property owners.
  8. XI.
    A check or cash equal to Restricted Delivery Postal Charges for each envelope.

D.
The Procedure for obtaining a Zoning Map Amendment to the Commercial Zone shall be the same as required by the foregoing and, in addition, as follows:
1. 1.
  Preliminary Development Plan Required-
  A preliminary development plan shall be submitted with the application for a Zoning Map Amendment with the information, as specified in the Subdivision Regulations, Section 2.201 et seq., and in addition, include approximate total gross floor area of anticipated retail facilities; the approximate total gross floor area of anticipated office and service facilities; the approximate number of anticipated off-street parking spaces; the stages which will be followed in the construction of the proposed shopping center; vicinity sketch; topography with contour intervals not greater than five (5) feet; location, arrangement, and approximate dimensions of existing and proposed driveways, streets, sidewalks, parking areas and are arrangements of spaces, points of ingress and egress, and other vehicular and pedestrian right-of-way; screening, landscaping, buffering, recreational; and other open space areas; approximate size, location height, floor area, area arrangement and use of proposed existing buildings and signs; storm drainage areas, proposed and existing easements, and a note stating that no grading, stripping, excavation, filling or other disturbance of the natural ground cover shall take place prior to approval of an erosion control plan. All applications for Zoning Map Amendment to the Commercial Zone shall require the approval of the preliminary development plan as a condition precedent to the approval of the Zoning Map Amendment
2. 2.
  Final Development Plan Required -
  Within two (2) years of final approval by the appropriate legislative body of any Commercial Zoning Amendment, unless an extension is granted by the Commission, the applicant shall submit a final development plan to the Commission for its review and approval; otherwise, an application to change the Commercial Zone to its previous zone or other appropriate zone shall be filed by the Commission. The final development plan shall show the information as specified by the Subdivision Regulations, Section 2.301 et. seq., and in addition, location, size, height, and orientation of all signs, using building elevation drawings where appropriate; vicinity sketch; topography with contour intervals not greater than two (2) feet; boundary features such as bearings and dimensions of all property lines; size, location, height, floor area, area and arrangement of proposed and existing buildings and signs; screening, landscaping, buffering, recreational and other open space areas showing dimensions of materials of fences, planting, buffer and other open space areas; location, arrangement, and dimensions of the following: existing and proposed driveways, streets and street cross-section drawings, sidewalks, parking areas including number of off-street parking spaces, points of ingress and egress, off-street loading areas and other vehicular and pedestrian right-of-way; utilities information such as proposals for gas, water, electricity and telephone supply and storm water and sanitary sewer disposal including location of easements, size of water and sewer lines, hydrants, and the like; location and dimensions of other existing or proposed easements; and statistical summary of above-described items. The Commission shall approve a final development plan with such conditions as are found necessary to comply with this ordinance, if any, within ninety (90) days after the applicant submits his development plan.
3. 3.
  Building Permit Required -
  No building permit shall be issued until a final development plan has been approved by the Commission. The approved final development plan shall limit and control the issuance of all building permits, and shall restrict the construction, location, and use of all land and structures to all conditions set forth in the plan. Amendments to the plan can be made only by official Commission action.
4. 4.
  Construction Deadline-
  If construction is not initiated within one (1) year from the date of approval of the final development plan by the Commission, unless an extension is granted by the Commission, an application to change the Commercial Zone to its previous zone or other appropriate zone shall be filed by the Commission.
5. 5.
  Prohibited Uses -
  In a Commercial Zone all other uses other than as permitted herein are prohibited.
E.
FILING LIMITATIONS
1. a.
  In the event the applicant for a zoning map amendment receives a decision on the merits of the request from the Planning Commission relative to a particular parcel of land, another zoning map amendment requesting the same change relative to the same parcel of property shall not be considered by the Planning Commission for a period of one (1) year from the date of the Planning Commission's decision on the merits.
2. b.
  In the event the applicant for a zoning map amendment relative to a particular parcel of land withdraws the request anytime after the filing of the original Public Notice, another request for the same change relative to the same property shall not be considered by the Planning Commission for a period of six (6) months from the date of withdraw.
  The word "withdrawal" shall be construed to mean the voluntary removal from consideration before the Planning Commission by the applicant for the zone change request such that a new application must be filed before it can be considered. The Planning Commission shall have the right in its sole discretion to decide whether a zone change request may be continued until a future date without the applicant having to file a new application, or whether the applicant must present the request on the date originally scheduled for hearing. The applicant shall not have the right to withdraw the request at any time after commencing the presentation.
F.
Development Plan Requirements
Applications for any proposed amendment to the Zoning Map shall include a development plan in accordance with the provisions of this regulation. The development plan is intended to demonstrate to the Planning and Zoning Commission the character and objectives of the proposed development in adequate detail for the Planning and Zoning Commission to evaluate the effect of the proposed development would have on the community and determine what provisions, if any, should be altered for the protection and promotion of the general public welfare.
A public hearing on the Zoning Map Amendment shall not be held until the final development plan has been submitted to the Commission for action. The Commission shall either approve or disapprove the development plan and shall make findings of fact to support their decision. If the development plan is approved, the minutes of the Commission shall specify that the development plan approval is void unless the appropriate legislative body approves the Zoning Map Amendment. Once approved by the Commission, the development plan shall be followed. The development plan shall be a covenant running with the land. If the development plan is disapproved by the Commission and the Zoning Map Amendment is subsequently approved by the appropriate legislative body, a development plan must be resubmitted to the Commission and approved before construction can begin.
Potential Zone Change applicants have the option of submitting a development plan in a conceptual form prior to the time of the re-zoning application, with a final and more detailed plan submitted for Commission consideration at the time of re-zoning request. The potential zone change applicant may complete a conceptual development plan application form. A fee (see ARTICLE VI of the Jessamine County Zoning Ordinance) shall be collected from the potential zone change applicant as to cover the cost of mailing meeting notices to all adjoining property owners. The conceptual development plan (a generalized graphic and written representation of the final development plan requirements) shall be prepared in accordance (yet in a general manner) with Section 5.1 (G) of this article.
G.
Contents of Development Plan
The Planning Commission shall require development plans to include the following elements in graphic or written form as are applicable to the subject property and appropriate for adequate public review of the development proposal. A development plan does not constitute approval to build or do any development construction. This restriction shall be shown as a note on the plan
A new development plan must be submitted upon the consolidation of lots or construction of new buildings on a lot that were not specified on the prior development plan.
For Single Lot Subdivisions
1. 1.
  A title block containing the plan name, date, development plan type name and address of the owner/developer and written and graphic scale. The name, signature and seal of the Engineer or Landscape Architect responsible for the preparation of the plan. The plat shall be at a scale of 1"=200' or larger.
2. 2.
  The boundary description, including area and bearings and dimensions of all property lines of the subject property, its record plan designation (If available); and the record plan name or owner's name of all adjoining property.
3. 3.
  A vicinity sketch, oriented in the same direction as the design scheme with measurements to existing streets at a scale of 1"=2000'.
4. 4.
  Existing topography and proposed topographic changes, with contour intervals not greater than five (5) feet, unless other contour intervals are deemed appropriate by the Commission.
5. 5.
  North arrow with property generally oriented toward the top of the plan.
6. 6.
  Site Statistics including: Total Gross Area, Area of ROW, Total Net Area, # of Lots, Density-Lots/gross acre, and lots/net acre.
7. 7.
  Zoning Classification of the property and adjacent properties.
8. 8.
  Completion of environmental impact assessment form for all zone change requests. Applicants requesting a zone change for any property in excess often (10) acres, or to any Industrial or Business districts shall complete an Environmental Impact Analysis as outlined in 3.304 of the Jessamine County-City of Wilmore Subdivision Regulations.
9. 9.
  Areas of substantial existing trees including those located along fence rows and drainage areas along with a general description of the type and size of such trees. Significant rock outcroppings, streams, floodplains, sinkholes (and other surface depressions), and other natural features shall also be known.
10. 10.
  Historical sites, structures, and monuments present on the site, and a statement as to the impact of development on such sites, structures, monuments or graveyards.
11. 11.
  Storm drainage areas, floodplains, conceptual drainage controls and storm water retention and any other designated environmentally sensitive or geologic hazard area.
12. 12.
  Screening, landscaping and buffering, recreational and other open space areas.
13. 13.
  Location and cross-section of any proposed or existing streets within or abutting the subject property.
14. 14.
  The location, arrangement, and approximate dimensions of existing and proposed streets and driveways, parking areas and arrangement of spaces, points of ingress and egress, access points for construction vehicles, and other vehicular and pedestrian right-of-way.
15. 15.
  Maximum size, location, height, floor area, and arrangement and use of proposed and existing buildings, signs, and any other structures.
16. 16.
  Proposed and existing easements for utilities or other purposes.
17. 17.
  An owner's certification, signed and witnessed as follows: "I (We) do hereby certify that I am (we are) the only owner(s) of the property shown hereon, do fully agree to all graphic and textual representations shown hereon, and do adopt this as my (our) development plan for the property."
18. 18.
  A Commission's certification to be signed by the Commission's Chairperson if and when the plan is fully approved, as follows: "I do hereby certify that this development plan was approved by the Jessamine County-City of Wilmore Joint Planning Commission at its meeting held on (date)."

For Multi-Lot Subdivisions

1. 1.
  A title block containing the plan name, date, development plan type, name and address of the owner/developer and written and graphic scale. The name, signature and seal of the Engineer or Landscape Architect responsible for the preparation of the plan. The plat shall be at a scale of 1"=200' or larger,
2. 2.
  The boundary description, including area and bearings and dimensions of all property lines of the subject property, its record plan designation (if available); and the record plan name or owner's name of all adjoining property.
3. 3.
  A vicinity sketch, oriented in the same direction as the design scheme with measurements to existing streets at a scale of 1"=2000'.
4. 4.
  Existing topography and proposed topographic changes, with contour intervals not greater than five (5) feet, unless other contour intervals are deemed appropriate by the Commission.
5. 5.
  North arrow with property generally oriented toward the top of the plan.
6. 6.
  Zoning Classification of the property and adjacent properties.
7. 7.
  Completion of environmental impact assessment form for all zone change requests. Applicants requesting a zone change for any property in access of ten (10) acres, or to any Industrial or Business districts shall complete an environmental impact analysis as outlined in 3.304 of the Jessamine County-City of Wilmore Subdivision Regulations.
8. 8.
  Areas of substantial existing trees including those located along fence rows and drainage areas along with a general description of the type and size of such trees. Significant rock outcroppings, streams, floodplains, sinkholes (and other surface depressions), and other natural features shall also be shown.
9. 9.
  Historical sites, structures, and monuments present on the site, and a statement as to the impact of development on such sites, structures, monuments or graveyards.
10. 10.
  Storm drainage areas, flood plains, conceptual drainage controls and storm water retention and any other designated environmentally sensitive or geologic hazard area.
11. 11.
  Screening, landscaping and buffering, recreational and other open space areas.
12. 12.
  Location and width of any existing or proposed streets within or abutting the subject property, where possible.
13. 13.
  Parks, recreational or other open spaces if these areas are to be provided for the proposed development.
14. 14.
  Maximum size of any buildable lot.
15. 15.
  Maximum number of lots to be developed. No increase permitted in the number of lots proposed. Street pattern and lot layout shall be shown.
16. 16.
  Existing easements for utilities
17. 17.
  An owner's certification, signed and witnessed as follows: "I (We) do hereby certify that I am (we are) the only owner(s) of the property shown hereon, do fully agree to all graphic and textual representations shown hereon, and do adopt this as my (our) development plan for the property."
18. 18.
  A Commission's certification to be signed by the Commission's Chairperson if and when the plan is fatly approved, as follows: "I do hereby certify that this development plan was approved by the Jessamine County-City of Wilmore Joint Planning Commission at its meeting held on (date)."

SECTION 5.1A(III) AMENDED OCTOBER 1, 2002

SECTION 5.1 C (III)(5)c ADOPTED DECEMBER 6, 2005

SECTION 5.1 (D) AMENDED JANUARY 6, 2004

Effective on: 1/1/1901

Jessamine County Unincorporated
City Zoning Code

ARTICLE V

AMENDMENTS

5.1 AMENDMENT PROCEDURE

A.
Amendments to Zoning Regulations: Hearings
1. I.
  A proposal for amendment to any zoning regulation or the zoning map may originate with the Planning Commission, with the Fiscal Court or any legislative body which is a member of the unit, or with the owner of the property in question. Regardless of the origin of the proposed amendment, it shall be referred to the Planning Commission before adoption. The Planning Commission shall then hold at least one (1) public hearing after notice as required by KRS Ch. 424 and make recommendations to the Fiscal Court, and it shall take a majority of the Fiscal Court to override the recommendation of the Planning Commission.
2. II.
  All procedures for public notice, publication, and adoption of an amendment shall be the same as for the original enactment of a zoning regulation.
3. III.
  The zoning regulation or map shall not be amended, changed, or modified in such a manner as to create a free standing zone of less than five (5) acres, except for B-1 Highway Commercial which may be as small as three (3) acres and for a parcel of less than five (5) acres for which a zone map amendment is requested that permits as a primary use, the use which has continuously occurred or existed on the property since May 6, 1971, but in no case shall the area of the free standing zone be less than the minimum lot size standard of the zone requested.
4. IV.
  If the Zoning Regulation Amendment proposal originates with the owner of the property in question the application shall be made in writing to the Planning Commission to be received by the Administrative Officer by the day indicated on the APPLICATION DEADLINE SCHEDULE posted in the office of the Administrative Officer. Applications received after the day indicated on the Deadline Schedule shall not be received at the next regularly scheduled Planning Commission meeting.
B.
Findings Necessary for Map Amendment
Before any map amendment is granted, the Jessamine Fiscal Court must find that the map amendment is in agreement with the Comprehensive Plan, or in the absence of such finding, that one (1) or more of the following apply and such finding shall be recorded in the minutes and records of the Planning Commission or the Jessamine Fiscal Court.
1. I.
  That the existing zoning classification given to the property was inappropriate and that the proposed zoning classification is appropriate.
2. II.
  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. In addition, the Planning Commission, as a condition to the granting of any Map Amendment, shall require the submission of a development plan. It must acted upon by the Planning Commission prior to the Map Amendment request being acted upon by the appropriate legislative body. Development Plans to be reviewed shall be submitted to the administrative officer by the day indicated on the APPLICATION DEADLINE SCHEDULE posted in the office of the administrative officer. Development Plans received after the day indicated on the Deadline Schedule shall not be reviewed at the next regularly scheduled Planning Commission meeting.
  The development plan shall be followed and there shall be no variance from the approved development plan, except for a decrease in the number of lots. Specific requirements of the development plan are outlined in Sections 5.1(D) or 5.1(F) and 5.1(G) of this article, as appropriate.
C.
Map Amendment Application Procedure
The following are required as part of the Zone Map Amendment application procedure and unless waived by vote of the Commission, must be submitted to the Planning Commission to be received by the administrative officer by the day indicated on the APPLICATION DEADLINE SCHEDULE posted in the office of the administrative officer before any action is taken on a Zone Map Amendment application. Applications received after the day indicated on the Deadline Schedule shall not be reviewed at the next regularly scheduled Planning Commission meeting.
1. I.
  Completed Zone Map Amendment application form;
2. II.
  Fifteen (15) copies of a plat of the property, measuring no more than 24" x 36" prepared by a licensed surveyor, which shows a vicinity map with the applicant property identified in relation to the City of Nicholasville and which shows major topographic features of the applicant property, including contours streams, springs, major vegetation and soil characteristics and types.
3. III.
  Community Services Impact Analysis

The analysis of the potential impact of the Zone Map Amendment upon each of the community services shall contain the following information:

1. 1.
  Public Education
  1. a.
    A description of the number of enrollees in the public education system who reside within the boundaries of the applicant property at the time of application for Zone Map Amendment;
  2. b.
    A description of the individual schools which school age residents of the applicant property presently attend to include: (1) Total enrollment at the schools, (2) Number of classrooms at the schools, (3) Number of teachers at the schools, (4) Teacher/pupil ratio at the schools;
  3. c.
    A description of the anticipated number of enrollees in the public education system who would reside within the boundaries of the applicant property if the Zone Map Amendment application is approved and the applicant property is fully developed;
  4. d.
    A description of the individual schools which school age residents of the applicant property would attend if the Zone Map Amendment application is approved and the applicant property is fully developed to include: (1) Anticipated total enrollments at the schools, (2) Anticipated total classrooms at the schools, (3) Anticipated number of teachers at the schools, (4) Anticipated teacher/pupil ratio at the schools;
  5. e.
    A description of the amount of money paid to the public agency responsible for public education by the applicant property during the tax year preceding the year in which the Zone Map Amendment application is submitted;
  6. f.
    An estimate of the amount of money which the public school system would be required to spend to provide educational services to the students who would be anticipated to reside within the boundaries of the applicant property if the Zone Map Amendment application is approved;
  7. g.
    An estimate of the amount of money that would be paid to the public agency responsible for the education of school age children which are anticipated to reside within the boundaries of the applicant property if the Zone Map Amendment application is approved and the property is fully developed;
  8. h.
    Subtract the estimate (g) from the estimate in (f). If the subtraction results in a deficit, describe a course of action which could be taken by the provider of public education services to the community or by the applicant to make up the deficit which will occur if the Zone Map Amendment application is approved and the property is fully developed;
2. 2.
  Fire Protection Service
  1. a.
    Describe the amount of tax money to finance fire protection services which the applicant property generated during the tax year previous to the year of the Zone Map Amendment application;
  2. b.
    Describe the amount of tax money for fire protection services which could reasonably be anticipated to be generated by the applicant property lithe application is approved and the property is fully developed.
  3. c.
    Describe the equipment and staff of the fire protection service available to the applicant property including travel time.
3. 3.
  Police Protection Service
  1. a.
    Same as (a) in 1 and 2 above.
  2. b.
    Same as (b) in 1 and 2 above.
  3. c.
    Same as (c) in 1 and 2 above
4. 4.
  Water and Sewer Service
  1. a.
    Describe the diameter of water lines and sewer lines serving the properties adjacent to the applicant property if those lines will be used to serve the applicant property. If new lines will be installed to serve the applicant property describe the diameter of these lines.
  2. b.
    Describe the water pressure of the water lines which serve the properties adjacent to the applicant property and, if these lines will be used to serve the applicant property; whether the water pressure to adjacent properties will be affected.
  3. c.
    Describe the estimated total daily water usage and sewage generation within the boundary of the applicant property if the Zone Map Amendment is approved and the property is fully developed.
  4. d.
    Describe the total daily production capacity of the water system and the total daily treatment capacity of the sewer system. If the provider of the water service to the applicant property is a wholesales, describe the daily production capacity of its supplier.
  5. e.
    If the provider of the water service is a public agency describe: (1) the amount of money which the public agency will be required to expend to provide water and/or sewer service to the applicant property, (2) the amount of money the public agency will receive from the applicant property when fully developed, if it provides water and sewer service; (3) subtract (2) from (1). If the subtraction results in a deficit, describe a course of action which could be taken by the public agency or by the applicant to make up the deficit which will occur if the Zone Map Amendment application is approved and the property is fully developed.
5. 5.
  Electric and Telephone Service and Outdoor Lighting
  1. a.
    Describe the type of electric and telephone service, and identify the providers of these services, which are available to the properties.
  2. b.
    Estimate the total monthly electrical usage within the boundaries of the applicant property if the Zone Map Amendment application is approved and the property is fully developed.
  3. c.
    Describe in graphic and/or text format where outside lighting is proposed, type of lighting proposed, how the applicant proposes to comply with Article 3.21 (F), Lighting, of this ordinance to minimize light glare, trespass, hazards associated with temporary blindness of motorists and security lighting.
6. 6.
  Public Streets and Roads
  1. a.
    Describe the public transportation facilities which serve the properties adjacent to the applicant property including pavement width, right-of-way width, surface type and condition. If a developer constructed road will be necessary to provide access to subdivisions of applicant property, describe this road as above.
  2. b.
    Describe the anticipated average daily traffic volume on these roads at the time of submission of the Zone Map Amendment application.
  3. c.
    Describe the anticipated average daily traffic volume on these roads if the Zone Map Amendment is approved and the property is fully developed.
  4. d.
    if any access to the applicant property is gained from a local road, which is maintained through the expenditure of locally generated tax money, to this public road would be necessary to accommodate any increase in average daily traffic volume upon it which is attributable to the development of the applicant property.
  5. e.
    Estimate the costs to the public agency which would be responsible for the anticipated needed improvements to the public road serving the applicant property.
  6. f.
    Estimate the amount of money paid by the applicant property to the Public agency responsible for the maintenance of the public road which serves the applicant property during the tax year previous to the year in which the application is submitted.
  7. g.
    Estimate the amount of money the public agency responsible for the public road which serves the applicant property could anticipate receiving from the applicant, if the application is approved and the property were fully developed.
  8. h.
    Subtract (c) from (g). If the subtraction results in a deficit, describe a course of action by the public agency or the applicant which could be taken to make up the deficit which will occur if the Zone Map Amendment application is approved, the property is fully developed and the needed improvements are made by the public agency.
  9. i.
    Estimate the total amount of money expended by the responsible public agency for local road improvements and maintenance during the year preceding the year in which the Zone Map Amendment application is submitted.
  10. j.
    Estimate what percentage (e) is of (i).
  1. IV.
    A statement by the applicant explaining why the zone change is requested.
  2. V.
    A check, made payable to the Jessamine Fiscal Court, for the application fee.
  3. VI.
    A check, made payable to the Jessamine Fiscal Court in the amount of $100.00 for court reporter's fees (transcript) and reproduction costs. If expenses for transcript and reproduction are less than $100.00, the balance will be refunded. If transcript and reproduction costs exceed $100.00, the applicant will be billed for the excess.
  4. VII.
    A list of names and addresses of owners of property adjacent to the applicant property.
  5. VIII.
    A stamped (First Class Mail) envelope for each name shown on the list of adjoining property owners.
  6. IX.
    A completed "Receipt for Certified Mail" slip (Postal Service for 3800) for each shown on the list of adjoining property owners.
  7. X.
    A completed "Return Receipt" card (Postal Service Form 3811) for each name shown on the list of adjoining property owners.
  8. XI.
    A check or cash equal to Restricted Delivery Postal Charges for each envelope.

D.
The Procedure for obtaining a Zoning Map Amendment to the Commercial Zone shall be the same as required by the foregoing and, in addition, as follows:
1. 1.
  Preliminary Development Plan Required-
  A preliminary development plan shall be submitted with the application for a Zoning Map Amendment with the information, as specified in the Subdivision Regulations, Section 2.201 et seq., and in addition, include approximate total gross floor area of anticipated retail facilities; the approximate total gross floor area of anticipated office and service facilities; the approximate number of anticipated off-street parking spaces; the stages which will be followed in the construction of the proposed shopping center; vicinity sketch; topography with contour intervals not greater than five (5) feet; location, arrangement, and approximate dimensions of existing and proposed driveways, streets, sidewalks, parking areas and are arrangements of spaces, points of ingress and egress, and other vehicular and pedestrian right-of-way; screening, landscaping, buffering, recreational; and other open space areas; approximate size, location height, floor area, area arrangement and use of proposed existing buildings and signs; storm drainage areas, proposed and existing easements, and a note stating that no grading, stripping, excavation, filling or other disturbance of the natural ground cover shall take place prior to approval of an erosion control plan. All applications for Zoning Map Amendment to the Commercial Zone shall require the approval of the preliminary development plan as a condition precedent to the approval of the Zoning Map Amendment
2. 2.
  Final Development Plan Required -
  Within two (2) years of final approval by the appropriate legislative body of any Commercial Zoning Amendment, unless an extension is granted by the Commission, the applicant shall submit a final development plan to the Commission for its review and approval; otherwise, an application to change the Commercial Zone to its previous zone or other appropriate zone shall be filed by the Commission. The final development plan shall show the information as specified by the Subdivision Regulations, Section 2.301 et. seq., and in addition, location, size, height, and orientation of all signs, using building elevation drawings where appropriate; vicinity sketch; topography with contour intervals not greater than two (2) feet; boundary features such as bearings and dimensions of all property lines; size, location, height, floor area, area and arrangement of proposed and existing buildings and signs; screening, landscaping, buffering, recreational and other open space areas showing dimensions of materials of fences, planting, buffer and other open space areas; location, arrangement, and dimensions of the following: existing and proposed driveways, streets and street cross-section drawings, sidewalks, parking areas including number of off-street parking spaces, points of ingress and egress, off-street loading areas and other vehicular and pedestrian right-of-way; utilities information such as proposals for gas, water, electricity and telephone supply and storm water and sanitary sewer disposal including location of easements, size of water and sewer lines, hydrants, and the like; location and dimensions of other existing or proposed easements; and statistical summary of above-described items. The Commission shall approve a final development plan with such conditions as are found necessary to comply with this ordinance, if any, within ninety (90) days after the applicant submits his development plan.
3. 3.
  Building Permit Required -
  No building permit shall be issued until a final development plan has been approved by the Commission. The approved final development plan shall limit and control the issuance of all building permits, and shall restrict the construction, location, and use of all land and structures to all conditions set forth in the plan. Amendments to the plan can be made only by official Commission action.
4. 4.
  Construction Deadline-
  If construction is not initiated within one (1) year from the date of approval of the final development plan by the Commission, unless an extension is granted by the Commission, an application to change the Commercial Zone to its previous zone or other appropriate zone shall be filed by the Commission.
5. 5.
  Prohibited Uses -
  In a Commercial Zone all other uses other than as permitted herein are prohibited.
E.
FILING LIMITATIONS
1. a.
  In the event the applicant for a zoning map amendment receives a decision on the merits of the request from the Planning Commission relative to a particular parcel of land, another zoning map amendment requesting the same change relative to the same parcel of property shall not be considered by the Planning Commission for a period of one (1) year from the date of the Planning Commission's decision on the merits.
2. b.
  In the event the applicant for a zoning map amendment relative to a particular parcel of land withdraws the request anytime after the filing of the original Public Notice, another request for the same change relative to the same property shall not be considered by the Planning Commission for a period of six (6) months from the date of withdraw.
  The word "withdrawal" shall be construed to mean the voluntary removal from consideration before the Planning Commission by the applicant for the zone change request such that a new application must be filed before it can be considered. The Planning Commission shall have the right in its sole discretion to decide whether a zone change request may be continued until a future date without the applicant having to file a new application, or whether the applicant must present the request on the date originally scheduled for hearing. The applicant shall not have the right to withdraw the request at any time after commencing the presentation.
F.
Development Plan Requirements
Applications for any proposed amendment to the Zoning Map shall include a development plan in accordance with the provisions of this regulation. The development plan is intended to demonstrate to the Planning and Zoning Commission the character and objectives of the proposed development in adequate detail for the Planning and Zoning Commission to evaluate the effect of the proposed development would have on the community and determine what provisions, if any, should be altered for the protection and promotion of the general public welfare.
A public hearing on the Zoning Map Amendment shall not be held until the final development plan has been submitted to the Commission for action. The Commission shall either approve or disapprove the development plan and shall make findings of fact to support their decision. If the development plan is approved, the minutes of the Commission shall specify that the development plan approval is void unless the appropriate legislative body approves the Zoning Map Amendment. Once approved by the Commission, the development plan shall be followed. The development plan shall be a covenant running with the land. If the development plan is disapproved by the Commission and the Zoning Map Amendment is subsequently approved by the appropriate legislative body, a development plan must be resubmitted to the Commission and approved before construction can begin.
Potential Zone Change applicants have the option of submitting a development plan in a conceptual form prior to the time of the re-zoning application, with a final and more detailed plan submitted for Commission consideration at the time of re-zoning request. The potential zone change applicant may complete a conceptual development plan application form. A fee (see ARTICLE VI of the Jessamine County Zoning Ordinance) shall be collected from the potential zone change applicant as to cover the cost of mailing meeting notices to all adjoining property owners. The conceptual development plan (a generalized graphic and written representation of the final development plan requirements) shall be prepared in accordance (yet in a general manner) with Section 5.1 (G) of this article.
G.
Contents of Development Plan
The Planning Commission shall require development plans to include the following elements in graphic or written form as are applicable to the subject property and appropriate for adequate public review of the development proposal. A development plan does not constitute approval to build or do any development construction. This restriction shall be shown as a note on the plan
A new development plan must be submitted upon the consolidation of lots or construction of new buildings on a lot that were not specified on the prior development plan.
For Single Lot Subdivisions
1. 1.
  A title block containing the plan name, date, development plan type name and address of the owner/developer and written and graphic scale. The name, signature and seal of the Engineer or Landscape Architect responsible for the preparation of the plan. The plat shall be at a scale of 1"=200' or larger.
2. 2.
  The boundary description, including area and bearings and dimensions of all property lines of the subject property, its record plan designation (If available); and the record plan name or owner's name of all adjoining property.
3. 3.
  A vicinity sketch, oriented in the same direction as the design scheme with measurements to existing streets at a scale of 1"=2000'.
4. 4.
  Existing topography and proposed topographic changes, with contour intervals not greater than five (5) feet, unless other contour intervals are deemed appropriate by the Commission.
5. 5.
  North arrow with property generally oriented toward the top of the plan.
6. 6.
  Site Statistics including: Total Gross Area, Area of ROW, Total Net Area, # of Lots, Density-Lots/gross acre, and lots/net acre.
7. 7.
  Zoning Classification of the property and adjacent properties.
8. 8.
  Completion of environmental impact assessment form for all zone change requests. Applicants requesting a zone change for any property in excess often (10) acres, or to any Industrial or Business districts shall complete an Environmental Impact Analysis as outlined in 3.304 of the Jessamine County-City of Wilmore Subdivision Regulations.
9. 9.
  Areas of substantial existing trees including those located along fence rows and drainage areas along with a general description of the type and size of such trees. Significant rock outcroppings, streams, floodplains, sinkholes (and other surface depressions), and other natural features shall also be known.
10. 10.
  Historical sites, structures, and monuments present on the site, and a statement as to the impact of development on such sites, structures, monuments or graveyards.
11. 11.
  Storm drainage areas, floodplains, conceptual drainage controls and storm water retention and any other designated environmentally sensitive or geologic hazard area.
12. 12.
  Screening, landscaping and buffering, recreational and other open space areas.
13. 13.
  Location and cross-section of any proposed or existing streets within or abutting the subject property.
14. 14.
  The location, arrangement, and approximate dimensions of existing and proposed streets and driveways, parking areas and arrangement of spaces, points of ingress and egress, access points for construction vehicles, and other vehicular and pedestrian right-of-way.
15. 15.
  Maximum size, location, height, floor area, and arrangement and use of proposed and existing buildings, signs, and any other structures.
16. 16.
  Proposed and existing easements for utilities or other purposes.
17. 17.
  An owner's certification, signed and witnessed as follows: "I (We) do hereby certify that I am (we are) the only owner(s) of the property shown hereon, do fully agree to all graphic and textual representations shown hereon, and do adopt this as my (our) development plan for the property."
18. 18.
  A Commission's certification to be signed by the Commission's Chairperson if and when the plan is fully approved, as follows: "I do hereby certify that this development plan was approved by the Jessamine County-City of Wilmore Joint Planning Commission at its meeting held on (date)."

For Multi-Lot Subdivisions

1. 1.
  A title block containing the plan name, date, development plan type, name and address of the owner/developer and written and graphic scale. The name, signature and seal of the Engineer or Landscape Architect responsible for the preparation of the plan. The plat shall be at a scale of 1"=200' or larger,
2. 2.
  The boundary description, including area and bearings and dimensions of all property lines of the subject property, its record plan designation (if available); and the record plan name or owner's name of all adjoining property.
3. 3.
  A vicinity sketch, oriented in the same direction as the design scheme with measurements to existing streets at a scale of 1"=2000'.
4. 4.
  Existing topography and proposed topographic changes, with contour intervals not greater than five (5) feet, unless other contour intervals are deemed appropriate by the Commission.
5. 5.
  North arrow with property generally oriented toward the top of the plan.
6. 6.
  Zoning Classification of the property and adjacent properties.
7. 7.
  Completion of environmental impact assessment form for all zone change requests. Applicants requesting a zone change for any property in access of ten (10) acres, or to any Industrial or Business districts shall complete an environmental impact analysis as outlined in 3.304 of the Jessamine County-City of Wilmore Subdivision Regulations.
8. 8.
  Areas of substantial existing trees including those located along fence rows and drainage areas along with a general description of the type and size of such trees. Significant rock outcroppings, streams, floodplains, sinkholes (and other surface depressions), and other natural features shall also be shown.
9. 9.
  Historical sites, structures, and monuments present on the site, and a statement as to the impact of development on such sites, structures, monuments or graveyards.
10. 10.
  Storm drainage areas, flood plains, conceptual drainage controls and storm water retention and any other designated environmentally sensitive or geologic hazard area.
11. 11.
  Screening, landscaping and buffering, recreational and other open space areas.
12. 12.
  Location and width of any existing or proposed streets within or abutting the subject property, where possible.
13. 13.
  Parks, recreational or other open spaces if these areas are to be provided for the proposed development.
14. 14.
  Maximum size of any buildable lot.
15. 15.
  Maximum number of lots to be developed. No increase permitted in the number of lots proposed. Street pattern and lot layout shall be shown.
16. 16.
  Existing easements for utilities
17. 17.
  An owner's certification, signed and witnessed as follows: "I (We) do hereby certify that I am (we are) the only owner(s) of the property shown hereon, do fully agree to all graphic and textual representations shown hereon, and do adopt this as my (our) development plan for the property."
18. 18.
  A Commission's certification to be signed by the Commission's Chairperson if and when the plan is fatly approved, as follows: "I do hereby certify that this development plan was approved by the Jessamine County-City of Wilmore Joint Planning Commission at its meeting held on (date)."

SECTION 5.1A(III) AMENDED OCTOBER 1, 2002

SECTION 5.1 C (III)(5)c ADOPTED DECEMBER 6, 2005

SECTION 5.1 (D) AMENDED JANUARY 6, 2004

Effective on: 1/1/1901

Jessamine County Unincorporated
City Zoning Code

ARTICLE V

AMENDMENTS

5.1 AMENDMENT PROCEDURE

A.
Amendments to Zoning Regulations: Hearings
1. I.
  A proposal for amendment to any zoning regulation or the zoning map may originate with the Planning Commission, with the Fiscal Court or any legislative body which is a member of the unit, or with the owner of the property in question. Regardless of the origin of the proposed amendment, it shall be referred to the Planning Commission before adoption. The Planning Commission shall then hold at least one (1) public hearing after notice as required by KRS Ch. 424 and make recommendations to the Fiscal Court, and it shall take a majority of the Fiscal Court to override the recommendation of the Planning Commission.
2. II.
  All procedures for public notice, publication, and adoption of an amendment shall be the same as for the original enactment of a zoning regulation.
3. III.
  The zoning regulation or map shall not be amended, changed, or modified in such a manner as to create a free standing zone of less than five (5) acres, except for B-1 Highway Commercial which may be as small as three (3) acres and for a parcel of less than five (5) acres for which a zone map amendment is requested that permits as a primary use, the use which has continuously occurred or existed on the property since May 6, 1971, but in no case shall the area of the free standing zone be less than the minimum lot size standard of the zone requested.
4. IV.
  If the Zoning Regulation Amendment proposal originates with the owner of the property in question the application shall be made in writing to the Planning Commission to be received by the Administrative Officer by the day indicated on the APPLICATION DEADLINE SCHEDULE posted in the office of the Administrative Officer. Applications received after the day indicated on the Deadline Schedule shall not be received at the next regularly scheduled Planning Commission meeting.
B.
Findings Necessary for Map Amendment
Before any map amendment is granted, the Jessamine Fiscal Court must find that the map amendment is in agreement with the Comprehensive Plan, or in the absence of such finding, that one (1) or more of the following apply and such finding shall be recorded in the minutes and records of the Planning Commission or the Jessamine Fiscal Court.
1. I.
  That the existing zoning classification given to the property was inappropriate and that the proposed zoning classification is appropriate.
2. II.
  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. In addition, the Planning Commission, as a condition to the granting of any Map Amendment, shall require the submission of a development plan. It must acted upon by the Planning Commission prior to the Map Amendment request being acted upon by the appropriate legislative body. Development Plans to be reviewed shall be submitted to the administrative officer by the day indicated on the APPLICATION DEADLINE SCHEDULE posted in the office of the administrative officer. Development Plans received after the day indicated on the Deadline Schedule shall not be reviewed at the next regularly scheduled Planning Commission meeting.
  The development plan shall be followed and there shall be no variance from the approved development plan, except for a decrease in the number of lots. Specific requirements of the development plan are outlined in Sections 5.1(D) or 5.1(F) and 5.1(G) of this article, as appropriate.
C.
Map Amendment Application Procedure
The following are required as part of the Zone Map Amendment application procedure and unless waived by vote of the Commission, must be submitted to the Planning Commission to be received by the administrative officer by the day indicated on the APPLICATION DEADLINE SCHEDULE posted in the office of the administrative officer before any action is taken on a Zone Map Amendment application. Applications received after the day indicated on the Deadline Schedule shall not be reviewed at the next regularly scheduled Planning Commission meeting.
1. I.
  Completed Zone Map Amendment application form;
2. II.
  Fifteen (15) copies of a plat of the property, measuring no more than 24" x 36" prepared by a licensed surveyor, which shows a vicinity map with the applicant property identified in relation to the City of Nicholasville and which shows major topographic features of the applicant property, including contours streams, springs, major vegetation and soil characteristics and types.
3. III.
  Community Services Impact Analysis

The analysis of the potential impact of the Zone Map Amendment upon each of the community services shall contain the following information:

1. 1.
  Public Education
  1. a.
    A description of the number of enrollees in the public education system who reside within the boundaries of the applicant property at the time of application for Zone Map Amendment;
  2. b.
    A description of the individual schools which school age residents of the applicant property presently attend to include: (1) Total enrollment at the schools, (2) Number of classrooms at the schools, (3) Number of teachers at the schools, (4) Teacher/pupil ratio at the schools;
  3. c.
    A description of the anticipated number of enrollees in the public education system who would reside within the boundaries of the applicant property if the Zone Map Amendment application is approved and the applicant property is fully developed;
  4. d.
    A description of the individual schools which school age residents of the applicant property would attend if the Zone Map Amendment application is approved and the applicant property is fully developed to include: (1) Anticipated total enrollments at the schools, (2) Anticipated total classrooms at the schools, (3) Anticipated number of teachers at the schools, (4) Anticipated teacher/pupil ratio at the schools;
  5. e.
    A description of the amount of money paid to the public agency responsible for public education by the applicant property during the tax year preceding the year in which the Zone Map Amendment application is submitted;
  6. f.
    An estimate of the amount of money which the public school system would be required to spend to provide educational services to the students who would be anticipated to reside within the boundaries of the applicant property if the Zone Map Amendment application is approved;
  7. g.
    An estimate of the amount of money that would be paid to the public agency responsible for the education of school age children which are anticipated to reside within the boundaries of the applicant property if the Zone Map Amendment application is approved and the property is fully developed;
  8. h.
    Subtract the estimate (g) from the estimate in (f). If the subtraction results in a deficit, describe a course of action which could be taken by the provider of public education services to the community or by the applicant to make up the deficit which will occur if the Zone Map Amendment application is approved and the property is fully developed;
2. 2.
  Fire Protection Service
  1. a.
    Describe the amount of tax money to finance fire protection services which the applicant property generated during the tax year previous to the year of the Zone Map Amendment application;
  2. b.
    Describe the amount of tax money for fire protection services which could reasonably be anticipated to be generated by the applicant property lithe application is approved and the property is fully developed.
  3. c.
    Describe the equipment and staff of the fire protection service available to the applicant property including travel time.
3. 3.
  Police Protection Service
  1. a.
    Same as (a) in 1 and 2 above.
  2. b.
    Same as (b) in 1 and 2 above.
  3. c.
    Same as (c) in 1 and 2 above
4. 4.
  Water and Sewer Service
  1. a.
    Describe the diameter of water lines and sewer lines serving the properties adjacent to the applicant property if those lines will be used to serve the applicant property. If new lines will be installed to serve the applicant property describe the diameter of these lines.
  2. b.
    Describe the water pressure of the water lines which serve the properties adjacent to the applicant property and, if these lines will be used to serve the applicant property; whether the water pressure to adjacent properties will be affected.
  3. c.
    Describe the estimated total daily water usage and sewage generation within the boundary of the applicant property if the Zone Map Amendment is approved and the property is fully developed.
  4. d.
    Describe the total daily production capacity of the water system and the total daily treatment capacity of the sewer system. If the provider of the water service to the applicant property is a wholesales, describe the daily production capacity of its supplier.
  5. e.
    If the provider of the water service is a public agency describe: (1) the amount of money which the public agency will be required to expend to provide water and/or sewer service to the applicant property, (2) the amount of money the public agency will receive from the applicant property when fully developed, if it provides water and sewer service; (3) subtract (2) from (1). If the subtraction results in a deficit, describe a course of action which could be taken by the public agency or by the applicant to make up the deficit which will occur if the Zone Map Amendment application is approved and the property is fully developed.
5. 5.
  Electric and Telephone Service and Outdoor Lighting
  1. a.
    Describe the type of electric and telephone service, and identify the providers of these services, which are available to the properties.
  2. b.
    Estimate the total monthly electrical usage within the boundaries of the applicant property if the Zone Map Amendment application is approved and the property is fully developed.
  3. c.
    Describe in graphic and/or text format where outside lighting is proposed, type of lighting proposed, how the applicant proposes to comply with Article 3.21 (F), Lighting, of this ordinance to minimize light glare, trespass, hazards associated with temporary blindness of motorists and security lighting.
6. 6.
  Public Streets and Roads
  1. a.
    Describe the public transportation facilities which serve the properties adjacent to the applicant property including pavement width, right-of-way width, surface type and condition. If a developer constructed road will be necessary to provide access to subdivisions of applicant property, describe this road as above.
  2. b.
    Describe the anticipated average daily traffic volume on these roads at the time of submission of the Zone Map Amendment application.
  3. c.
    Describe the anticipated average daily traffic volume on these roads if the Zone Map Amendment is approved and the property is fully developed.
  4. d.
    if any access to the applicant property is gained from a local road, which is maintained through the expenditure of locally generated tax money, to this public road would be necessary to accommodate any increase in average daily traffic volume upon it which is attributable to the development of the applicant property.
  5. e.
    Estimate the costs to the public agency which would be responsible for the anticipated needed improvements to the public road serving the applicant property.
  6. f.
    Estimate the amount of money paid by the applicant property to the Public agency responsible for the maintenance of the public road which serves the applicant property during the tax year previous to the year in which the application is submitted.
  7. g.
    Estimate the amount of money the public agency responsible for the public road which serves the applicant property could anticipate receiving from the applicant, if the application is approved and the property were fully developed.
  8. h.
    Subtract (c) from (g). If the subtraction results in a deficit, describe a course of action by the public agency or the applicant which could be taken to make up the deficit which will occur if the Zone Map Amendment application is approved, the property is fully developed and the needed improvements are made by the public agency.
  9. i.
    Estimate the total amount of money expended by the responsible public agency for local road improvements and maintenance during the year preceding the year in which the Zone Map Amendment application is submitted.
  10. j.
    Estimate what percentage (e) is of (i).
  1. IV.
    A statement by the applicant explaining why the zone change is requested.
  2. V.
    A check, made payable to the Jessamine Fiscal Court, for the application fee.
  3. VI.
    A check, made payable to the Jessamine Fiscal Court in the amount of $100.00 for court reporter's fees (transcript) and reproduction costs. If expenses for transcript and reproduction are less than $100.00, the balance will be refunded. If transcript and reproduction costs exceed $100.00, the applicant will be billed for the excess.
  4. VII.
    A list of names and addresses of owners of property adjacent to the applicant property.
  5. VIII.
    A stamped (First Class Mail) envelope for each name shown on the list of adjoining property owners.
  6. IX.
    A completed "Receipt for Certified Mail" slip (Postal Service for 3800) for each shown on the list of adjoining property owners.
  7. X.
    A completed "Return Receipt" card (Postal Service Form 3811) for each name shown on the list of adjoining property owners.
  8. XI.
    A check or cash equal to Restricted Delivery Postal Charges for each envelope.

D.
The Procedure for obtaining a Zoning Map Amendment to the Commercial Zone shall be the same as required by the foregoing and, in addition, as follows:
1. 1.
  Preliminary Development Plan Required-
  A preliminary development plan shall be submitted with the application for a Zoning Map Amendment with the information, as specified in the Subdivision Regulations, Section 2.201 et seq., and in addition, include approximate total gross floor area of anticipated retail facilities; the approximate total gross floor area of anticipated office and service facilities; the approximate number of anticipated off-street parking spaces; the stages which will be followed in the construction of the proposed shopping center; vicinity sketch; topography with contour intervals not greater than five (5) feet; location, arrangement, and approximate dimensions of existing and proposed driveways, streets, sidewalks, parking areas and are arrangements of spaces, points of ingress and egress, and other vehicular and pedestrian right-of-way; screening, landscaping, buffering, recreational; and other open space areas; approximate size, location height, floor area, area arrangement and use of proposed existing buildings and signs; storm drainage areas, proposed and existing easements, and a note stating that no grading, stripping, excavation, filling or other disturbance of the natural ground cover shall take place prior to approval of an erosion control plan. All applications for Zoning Map Amendment to the Commercial Zone shall require the approval of the preliminary development plan as a condition precedent to the approval of the Zoning Map Amendment
2. 2.
  Final Development Plan Required -
  Within two (2) years of final approval by the appropriate legislative body of any Commercial Zoning Amendment, unless an extension is granted by the Commission, the applicant shall submit a final development plan to the Commission for its review and approval; otherwise, an application to change the Commercial Zone to its previous zone or other appropriate zone shall be filed by the Commission. The final development plan shall show the information as specified by the Subdivision Regulations, Section 2.301 et. seq., and in addition, location, size, height, and orientation of all signs, using building elevation drawings where appropriate; vicinity sketch; topography with contour intervals not greater than two (2) feet; boundary features such as bearings and dimensions of all property lines; size, location, height, floor area, area and arrangement of proposed and existing buildings and signs; screening, landscaping, buffering, recreational and other open space areas showing dimensions of materials of fences, planting, buffer and other open space areas; location, arrangement, and dimensions of the following: existing and proposed driveways, streets and street cross-section drawings, sidewalks, parking areas including number of off-street parking spaces, points of ingress and egress, off-street loading areas and other vehicular and pedestrian right-of-way; utilities information such as proposals for gas, water, electricity and telephone supply and storm water and sanitary sewer disposal including location of easements, size of water and sewer lines, hydrants, and the like; location and dimensions of other existing or proposed easements; and statistical summary of above-described items. The Commission shall approve a final development plan with such conditions as are found necessary to comply with this ordinance, if any, within ninety (90) days after the applicant submits his development plan.
3. 3.
  Building Permit Required -
  No building permit shall be issued until a final development plan has been approved by the Commission. The approved final development plan shall limit and control the issuance of all building permits, and shall restrict the construction, location, and use of all land and structures to all conditions set forth in the plan. Amendments to the plan can be made only by official Commission action.
4. 4.
  Construction Deadline-
  If construction is not initiated within one (1) year from the date of approval of the final development plan by the Commission, unless an extension is granted by the Commission, an application to change the Commercial Zone to its previous zone or other appropriate zone shall be filed by the Commission.
5. 5.
  Prohibited Uses -
  In a Commercial Zone all other uses other than as permitted herein are prohibited.
E.
FILING LIMITATIONS
1. a.
  In the event the applicant for a zoning map amendment receives a decision on the merits of the request from the Planning Commission relative to a particular parcel of land, another zoning map amendment requesting the same change relative to the same parcel of property shall not be considered by the Planning Commission for a period of one (1) year from the date of the Planning Commission's decision on the merits.
2. b.
  In the event the applicant for a zoning map amendment relative to a particular parcel of land withdraws the request anytime after the filing of the original Public Notice, another request for the same change relative to the same property shall not be considered by the Planning Commission for a period of six (6) months from the date of withdraw.
  The word "withdrawal" shall be construed to mean the voluntary removal from consideration before the Planning Commission by the applicant for the zone change request such that a new application must be filed before it can be considered. The Planning Commission shall have the right in its sole discretion to decide whether a zone change request may be continued until a future date without the applicant having to file a new application, or whether the applicant must present the request on the date originally scheduled for hearing. The applicant shall not have the right to withdraw the request at any time after commencing the presentation.
F.
Development Plan Requirements
Applications for any proposed amendment to the Zoning Map shall include a development plan in accordance with the provisions of this regulation. The development plan is intended to demonstrate to the Planning and Zoning Commission the character and objectives of the proposed development in adequate detail for the Planning and Zoning Commission to evaluate the effect of the proposed development would have on the community and determine what provisions, if any, should be altered for the protection and promotion of the general public welfare.
A public hearing on the Zoning Map Amendment shall not be held until the final development plan has been submitted to the Commission for action. The Commission shall either approve or disapprove the development plan and shall make findings of fact to support their decision. If the development plan is approved, the minutes of the Commission shall specify that the development plan approval is void unless the appropriate legislative body approves the Zoning Map Amendment. Once approved by the Commission, the development plan shall be followed. The development plan shall be a covenant running with the land. If the development plan is disapproved by the Commission and the Zoning Map Amendment is subsequently approved by the appropriate legislative body, a development plan must be resubmitted to the Commission and approved before construction can begin.
Potential Zone Change applicants have the option of submitting a development plan in a conceptual form prior to the time of the re-zoning application, with a final and more detailed plan submitted for Commission consideration at the time of re-zoning request. The potential zone change applicant may complete a conceptual development plan application form. A fee (see ARTICLE VI of the Jessamine County Zoning Ordinance) shall be collected from the potential zone change applicant as to cover the cost of mailing meeting notices to all adjoining property owners. The conceptual development plan (a generalized graphic and written representation of the final development plan requirements) shall be prepared in accordance (yet in a general manner) with Section 5.1 (G) of this article.
G.
Contents of Development Plan
The Planning Commission shall require development plans to include the following elements in graphic or written form as are applicable to the subject property and appropriate for adequate public review of the development proposal. A development plan does not constitute approval to build or do any development construction. This restriction shall be shown as a note on the plan
A new development plan must be submitted upon the consolidation of lots or construction of new buildings on a lot that were not specified on the prior development plan.
For Single Lot Subdivisions
1. 1.
  A title block containing the plan name, date, development plan type name and address of the owner/developer and written and graphic scale. The name, signature and seal of the Engineer or Landscape Architect responsible for the preparation of the plan. The plat shall be at a scale of 1"=200' or larger.
2. 2.
  The boundary description, including area and bearings and dimensions of all property lines of the subject property, its record plan designation (If available); and the record plan name or owner's name of all adjoining property.
3. 3.
  A vicinity sketch, oriented in the same direction as the design scheme with measurements to existing streets at a scale of 1"=2000'.
4. 4.
  Existing topography and proposed topographic changes, with contour intervals not greater than five (5) feet, unless other contour intervals are deemed appropriate by the Commission.
5. 5.
  North arrow with property generally oriented toward the top of the plan.
6. 6.
  Site Statistics including: Total Gross Area, Area of ROW, Total Net Area, # of Lots, Density-Lots/gross acre, and lots/net acre.
7. 7.
  Zoning Classification of the property and adjacent properties.
8. 8.
  Completion of environmental impact assessment form for all zone change requests. Applicants requesting a zone change for any property in excess often (10) acres, or to any Industrial or Business districts shall complete an Environmental Impact Analysis as outlined in 3.304 of the Jessamine County-City of Wilmore Subdivision Regulations.
9. 9.
  Areas of substantial existing trees including those located along fence rows and drainage areas along with a general description of the type and size of such trees. Significant rock outcroppings, streams, floodplains, sinkholes (and other surface depressions), and other natural features shall also be known.
10. 10.
  Historical sites, structures, and monuments present on the site, and a statement as to the impact of development on such sites, structures, monuments or graveyards.
11. 11.
  Storm drainage areas, floodplains, conceptual drainage controls and storm water retention and any other designated environmentally sensitive or geologic hazard area.
12. 12.
  Screening, landscaping and buffering, recreational and other open space areas.
13. 13.
  Location and cross-section of any proposed or existing streets within or abutting the subject property.
14. 14.
  The location, arrangement, and approximate dimensions of existing and proposed streets and driveways, parking areas and arrangement of spaces, points of ingress and egress, access points for construction vehicles, and other vehicular and pedestrian right-of-way.
15. 15.
  Maximum size, location, height, floor area, and arrangement and use of proposed and existing buildings, signs, and any other structures.
16. 16.
  Proposed and existing easements for utilities or other purposes.
17. 17.
  An owner's certification, signed and witnessed as follows: "I (We) do hereby certify that I am (we are) the only owner(s) of the property shown hereon, do fully agree to all graphic and textual representations shown hereon, and do adopt this as my (our) development plan for the property."
18. 18.
  A Commission's certification to be signed by the Commission's Chairperson if and when the plan is fully approved, as follows: "I do hereby certify that this development plan was approved by the Jessamine County-City of Wilmore Joint Planning Commission at its meeting held on (date)."

For Multi-Lot Subdivisions

1. 1.
  A title block containing the plan name, date, development plan type, name and address of the owner/developer and written and graphic scale. The name, signature and seal of the Engineer or Landscape Architect responsible for the preparation of the plan. The plat shall be at a scale of 1"=200' or larger,
2. 2.
  The boundary description, including area and bearings and dimensions of all property lines of the subject property, its record plan designation (if available); and the record plan name or owner's name of all adjoining property.
3. 3.
  A vicinity sketch, oriented in the same direction as the design scheme with measurements to existing streets at a scale of 1"=2000'.
4. 4.
  Existing topography and proposed topographic changes, with contour intervals not greater than five (5) feet, unless other contour intervals are deemed appropriate by the Commission.
5. 5.
  North arrow with property generally oriented toward the top of the plan.
6. 6.
  Zoning Classification of the property and adjacent properties.
7. 7.
  Completion of environmental impact assessment form for all zone change requests. Applicants requesting a zone change for any property in access of ten (10) acres, or to any Industrial or Business districts shall complete an environmental impact analysis as outlined in 3.304 of the Jessamine County-City of Wilmore Subdivision Regulations.
8. 8.
  Areas of substantial existing trees including those located along fence rows and drainage areas along with a general description of the type and size of such trees. Significant rock outcroppings, streams, floodplains, sinkholes (and other surface depressions), and other natural features shall also be shown.
9. 9.
  Historical sites, structures, and monuments present on the site, and a statement as to the impact of development on such sites, structures, monuments or graveyards.
10. 10.
  Storm drainage areas, flood plains, conceptual drainage controls and storm water retention and any other designated environmentally sensitive or geologic hazard area.
11. 11.
  Screening, landscaping and buffering, recreational and other open space areas.
12. 12.
  Location and width of any existing or proposed streets within or abutting the subject property, where possible.
13. 13.
  Parks, recreational or other open spaces if these areas are to be provided for the proposed development.
14. 14.
  Maximum size of any buildable lot.
15. 15.
  Maximum number of lots to be developed. No increase permitted in the number of lots proposed. Street pattern and lot layout shall be shown.
16. 16.
  Existing easements for utilities
17. 17.
  An owner's certification, signed and witnessed as follows: "I (We) do hereby certify that I am (we are) the only owner(s) of the property shown hereon, do fully agree to all graphic and textual representations shown hereon, and do adopt this as my (our) development plan for the property."
18. 18.
  A Commission's certification to be signed by the Commission's Chairperson if and when the plan is fatly approved, as follows: "I do hereby certify that this development plan was approved by the Jessamine County-City of Wilmore Joint Planning Commission at its meeting held on (date)."

SECTION 5.1A(III) AMENDED OCTOBER 1, 2002

SECTION 5.1 C (III)(5)c ADOPTED DECEMBER 6, 2005

SECTION 5.1 (D) AMENDED JANUARY 6, 2004

Effective on: 1/1/1901

Jessamine County UnincorporatedCity Zoning Code

ARTICLE V

5.1 AMENDMENT PROCEDURE

Jessamine County UnincorporatedCity Zoning Code

ARTICLE V

5.1 AMENDMENT PROCEDURE

Jessamine County UnincorporatedCity Zoning Code

ARTICLE V

5.1 AMENDMENT PROCEDURE

Jessamine County Unincorporated
City Zoning Code

Jessamine County Unincorporated
City Zoning Code

Jessamine County Unincorporated
City Zoning Code