(a)   Development Plans Required for P-2, B-5P, B-6P and M-1P. As authorized by KRS 100.203(2), all applications for zone map amendments to the P-2, B-5P, B-6P, and M-1P zones shall require the submission and approval of both a preliminary development plan and a final development plan prior to development of the property. The preliminary development plan shall be required to be submitted in conjunction with the zone map amendment request. The development plan shall be limited to the provisions of the definition contained in KRS 100.111(8). Where agreed upon, this development plan shall be followed.

(b)   Development Plans Required for Multiple Principal Structures as Permitted by Section 3-1(e). Development plans required by Section 3-1(e) to permit more than one (1) principal structure and its accessory structures on a lot or parcel of land shall be submitted to the Commission, in accordance with the provisions of this Article.

(c)   Development Plans Required in Conjunction with Zone map amendment requests. As authorized by KRS 100.203(2), development plans shall be required to accompany any zone map amendment request as set forth in Subsections (c)(1), (2), (3), and (4) of this section, below. The development plan shall be limited to the provisions of the definition contained in KRS 100.111(8). Where agreed upon, this development plan shall be followed:

(1)   Any map amendment request from an A-R or A-U zone to any nonagricultural zone.

(2)   Any map amendment request to any residential or business zone.

(3)   Any map amendment request from a residential zoning to a nonresidential zoning.

(4)   The Commission, at its discretion, may require the submission and approval of a preliminary development plan, a final development plan, or both, for the subject property of any Zoning Map Amendment proposal if the Commission finds there are existing or potential substantial flood, drainage, traffic, topographic or other similar problems relating to the development of the subject property that could have an adverse influence on existing or future development of the subject property or other property in the neighborhood.

(a)   Additional guidance or recommendations may be required from boards and commissions as stipulated by other ordinances or agreements such as, but not limited to, the Royal Springs Aquifer Wellhead Protection Committee, or the Paris Pike Corridor Commission. Such recommendations and conditions shall be incorporated into the development plan. Relief from such recommendations and conditions may be granted by the Planning Commission at a public meeting.

(b)   The developer requests a waiver to the requirements established by the Zoning Ordinance, the Land Subdivision Regulations, and other applicable adopted rules and regulations. Allowable waivers are further regulated by Subsection 21-9.

(c)   The Division of Planning refers a development plan because a strict application of the requirements established by the Zoning Ordinance or other adopted rules and regulations would pose a specific threat to public health, safety or welfare in the affected area.

(d)   The development plan filed in conjunction with a map amendment request that requires further evaluation relative to the adopted Comprehensive Plan or a Small Area Plan.

(e)   The preliminary development plan associated with a map amendment request has expired and a new plan is necessary.

(1)   The developer shall fully comply with any conditions of approval placed on the plan by the Commission and submit the completed original tracing of the plan including the signed owner's certification to the Division of Planning;

(2)   The plan shall be certified by the Commission's Secretary if it is in conformance with all requirements. Required copies of the certified plan shall be made by the Division of Planning at the developer's expense. In conjunction with any request by the developer for a time extension of no greater than one (1) year, the Commission may require changes in the development plan when applicable ordinances and regulations have been changed.

(1)   Final development plans shall be submitted for Commission consideration within two (2) years of the date of Commission action on a preliminary development plan, otherwise, the preliminary development plan shall be deemed as disapproved. A new preliminary development plan shall be required to be submitted and reviewed by the Planning Commission.

(2)   The developer shall be required to obtain building permits for all structures shown on a final development plan within five (5) years of the date of action on the development plan. Once expired, a new final development plan filing shall be required.

(a)   Preliminary Development Plans. A preliminary development plan is a site plan by which, at the early stages of development design, the Commission may consider, approve and restrict many major aspects of the development without requiring an undue amount of final design work on the part of the developer. The preliminary development plan is less detailed and specific than a final development plan in terms of exact arrangement of buildings, parking areas, open spaces, access points and any other site design features. No building permits can be issued based upon a preliminary development plan.

(b)   Final Development Plan. A final development plan is a development plan from which a building permit will be sought. A final development plan is intended to deal with site design issues at a detailed level and to actually dictate the approved locations of buildings, parking areas, open spaces, access points and any other site design features.

(1)   A title block containing the plan name, development plan type, name and address of developer and plan preparer; written and graphic scale.

(2)   The boundary of the subject property denoted with a solid line and bearings and distances, and its record plan designation (if available the record plan name or owner's name of all adjacent property). The boundary of all adjacent property shall be denoted with dashed lines.

(3)   A vicinity sketch, oriented in the same direction as the design scheme, at a scale of one (1) inch equals two thousand (2,000) feet, labeled with roadways and identifying the subject property.

(4)   Topography with contour intervals not greater than five (5) feet.

(5)   Location, arrangement, and dimensions of existing and proposed driveways, walkways, pedestrian crossings, parking areas and arrangement of spaces (including reserved parking, display areas, and compact spaces), point of ingress and egress (including all gates restricting vehicular access), traffic calming elements, access points for construction vehicles, and other vehicular and pedestrian rights-of-way or easements (as required by Article 16).

(6)   Location and cross-sections of any proposed or existing streets within or abutting the subject property, access points for all adjacent land, and stub connections that adjoin any portion of the subject property (both vehicular and pedestrian).

(7)   Location, arrangement, and dimensions of existing and proposed screening, landscaping and buffering, (as required by Article 18), recreational and other open space areas (as required by Article 20).

(8)   Location, size, height, floor area, area arrangement and use of proposed and existing buildings, walls over three feet in height, fences, and canopies over drive aisles.

(9)   Storm drainage areas, floodplains, alluvial soils, conceptual drainage controls and stormwater retention and any other designated environmentally sensitive or geologic hazard area.

(10)   Existing easements for utilities or other purposes, including dimensions and labels.

(11)   A tree inventory map and notes as required by Article 26.

(12)   Location of any existing burial grounds (including private family cemeteries) on the subject property and all adjoining property, and provisions for their protection, maintenance and accessibility.

(13)   A statistical summary of all pertinent site data, including site area in square feet and acres, zoning, building coverage and floor area, parking quantities, open space by type (total, common, usable and vegetative, tree canopy, etc). Additional site statistics may be required based on the requirements of the zoning category. Statistical summary table shall meet the standards of the Division of Planning.

(14)   Proposed and existing addresses for each lot, building and/or unit, and front yard and exterior building line(s).

(15)   The approved conditional zoning, variances, waivers, conditional use permits or other binding restrictions for the subject property.

(b)   Preliminary Development Plans shall contain the following general notes stating the following:

(1)   No grading, stripping, excavation, filling or other disturbance of the natural ground cover shall take place prior to approval of an erosion control plan. Such plan must be submitted in accordance with Chapter 16 of the Code of Ordinances.

(2)   No building permits shall be issued unless and until a final development plan is certified by the Secretary of the Planning Commission.

(3)   All buildings, paving, signs, fences, walls and retaining walls that are depicted, described or required on this Development Plan shall require a separate review and building permit from the Division of Building Inspection prior to construction.

(4)   The location of the fire hydrants, fire department or fire service features, if required, shall be approved by the Division of Fire, Water Control Office.

(5)   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 textural representations shown hereon, and do adopt this as my (our) development plan for the property."

(6)   A Commission's certification to be signed by the Secretary of the Commission if and when the plan is fully approved by the Planning Commission, as follows: "I do hereby certify that this development plan was approved by the Urban County Planning Commission at its meeting held on (date)."

(7)   An alternative Commission's certification shall be used when the plan meets all requirements of the Zoning Ordinance and has not been acted on by the Planning Commission, as follows: "I do hereby certify that this development plan complies with all provisions of the Zoning Ordinance."

(1)   Environmentally sensitive and geologic hazard areas, as defined in Article 1-11, shall also be depicted on a supplemental environmental plan sheet;

(2)   Contour intervals shall be two (2) feet;

(3)   A tree protection plan, data block, and tree protection areas as required by Article 26;

(4)   A lighting plan as required by Article 30; and

(5)   Proposed easements for utilities or other purposes, including dimensions and labels.

(a)   Minor Amendments Defined. Minor amendments are intended to expedite approval in those situations where amendments are of minor significance and generally relate to the shifting of previously approved spaces. Such amendments:

(1)   Shall not decrease the overall land area in yards, or other open spaces;

(2)   Shall not increase building ground area coverage, floor area, or height, or increase the number of dwelling units;

(3)   Shall not increase the number or size of signs;

(4)   Shall not change the location or cross-section of any street and shall not increase the number, or change the location of street access points, except that shifts in the approved access location not exceeding twenty-five (25) feet may be approved as a minor amendment where the access point is not located on an arterial street and the Divisions of Traffic Engineering and Planning concur that such relocation will not have a negative effect on traffic safety and movement.

(b)   Procedures for Minor Amendments. Shall be as follows:

(c)   Content and Format of Minor Amendments. Minor amendments shall have the same content and format requirements as the original development plan, except that:

(1)   The title shall indicate the plan is a minor amendment;

(2)   A note shall be added listing the exact nature of the requested changes (no plan change shall be considered in effect unless it is referenced in this note); and

(3)   The following will be the required language for the Commission's certification: "I do hereby certify that this development plan amendment complies with the provisions of Section 21-7 of this Zoning Ordinance."

(d)   Content and Format of Major Amendment Requirements. Major amendments to development plans shall have the same content and format requirements as the original development plan, except that:

(1)   The title shall indicate the plan is an amended development plan; and

(2)   A note shall be added listing the exact nature of the requested changes.

(e)   Major Amendment Procedures. The procedure for a major amendment to a development plan shall be the same as for the original submission as specified in Section 21-4 above. However, in addition to the standards listed in Section 21-4 (d), the Commission may also disapprove or modify the requested amendment if it finds that such amendments will adversely affect the public health, safety and welfare.

(a)   Applicability of Land Subdivision Regulations. Although developments plans are not subdivision plans, quite often the development plan does indicate a need or intent to subdivide property. For any such development plan, the design and improvement standards contained within the Subdivision Regulations shall be applied to proposals contained on the development plan.

(b)   Development Plans Required Under Section 5-2(g) of the Land Subdivision Regulations. Development plans required under Section 5-2(g) of the Land Subdivision Regulations are required to conform with the provisions of this Article 21 of this Zoning Ordinance.

(c)   Development Plans and Preliminary Subdivision Plans May Be Combined. It is recognized that for certain development situations it can be advantageous to both the developer and the Commission to combine the functions and requirements for development plans and preliminary subdivision plans in order to streamline the development approval process while not reducing the quality of the review. The following provisions shall be applicable to any such combined plan:

(1)   The developer shall meet with the Division of Planning no later than five (5) working days in advance of the filing deadline to discuss the appropriateness of filing a combined plan.

(2)   The plan shall show all information required for a development plan (preliminary or final as appropriate) and all information required for preliminary subdivision plans as set forth in Section 5-2 of the Land Subdivision Regulations.

(3)   Provisions relating to the timing of public or private streets or other public or common use improvements in relation to the timing of building permit issuance may be required.

(d)   Preliminary Subdivision Plan May Be Substituted for Development Plans Required in Conjunction with map amendment request. It is recognized that in certain cases, a preliminary subdivision plan would be as appropriate or more appropriate to be considered in conjunction with a map amendment request than a development plan. Generally, such situations involve developments where placement of structures will be tightly controlled by the streets, lot pattern, and the requirements for placement of structures within the zone, and where the developer sees fit to have plans prepared at the required level of detail for subdivisions plans prior to receiving a zone change approval. When a developer is required to provide a development plan under Section 21-3(c) hereinabove, and the developer desires to file a subdivision plan in its place, the developer shall meet with the Division of Planning in advance of filing the map amendment request to discuss the appropriateness of a substitution. In any disputed cases, the Planning Commission shall make the final judgments as to whether a development plan or subdivision plan is required.

(1)   A justification document which addresses as applicable the following items:

a.   The waiver will not compromise public health, safety, and welfare; and

b.   The extent of waiver of the regulation is the minimum necessary to reasonably afford relief to the applicant; and

c.   Either:

i.   The applicant has incorporated other design measures that exceed the minimums of the zone and mitigate for non-compliance with the requirements to be waived (net beneficial effect); or

ii.   The strict application of the provisions of the regulation would deprive the applicant of the reasonable use of the land or would create an unnecessary hardship on the applicant.

(2)   Unless determined by the Planning Director to be unnecessary, a site plan or development plan of sufficient detail to demonstrate to the Planning Commission the character and objectives of the proposed waiver and the potential impacts of the waiver on the community and its environs.

(1)   The waiver will not compromise public health, safety, and welfare; and

(2)   The extent of waiver of the regulation is the minimum necessary to reasonably afford relief to the applicant; and

(3)   Either:

a.   The applicant has incorporated other design measures that exceed the minimums of the zone and compensate for non-compliance with the requirements to be waived (net beneficial effect); or

b.   The strict application of the provisions of the regulation would deprive the applicant of the reasonable use of the land or would create an unnecessary hardship on the applicant.