A.

It shall be the responsibility of the planning commission to hear all applications for zone changes and changes in this title as prescribed by law and this title, and to recommend action to the city council.

B.

The planning commission has authority to approve special review uses under the provisions of chapter 17.40.

C.

The planning commission and city council shall have the authority to approve modifications in accordance with the procedures of chapter 16.24.

(Code 1962, § 25-11-101(A); Ord. No. 485-1976, § 37; Code 1977, § 17.52.010; Ord. No. 1747-2017, § 11, 11-6-2017)

The city council has sole responsibility for changes in the zoning map and in this title. The city council shall not hear complaints or decide questions of interpretation or enforcement which are reserved for the board of adjustment.

(Code 1962, § 25-11-101(D); Ord. No. 485-1976, § 37; Code 1977, § 17.52.020)

A.

The board of adjustment shall hear and decide all questions on appeal from decisions of the zoning administrator.

B.

Except as provided in chapter 16.24, the board of adjustment shall hear and decide all other questions as provided in chapter 17.48, including variance requests not eligible for approval by the zoning administrator under the administrative variance procedures set forth in section 17.52.050.

C.

The planning commission and city council shall have the authority to approve modifications in accordance with the procedures of chapter 16.24.

(Code 1962, § 25-11-101(C); Ord. No. 485-1976, § 37; Code 1977, § 17.52.030; Ord. No. 1673-2014, § 2, 9-16-2014; Ord. No. 1747-2017, § 12, 11-6-2017)

The zoning administrator is charged with the interpretation of and the enforcement of this title. Appeals from a decision of the zoning administrator shall be presented to the zoning administrator who shall forward such appeal with all pertinent information to the board of adjustment for hearing. The zoning administrator is authorized to approve administrative variances in accordance with the procedures and criteria set forth in section 17.52.050.

(Code 1962, § 25-11-101(B); Ord. No. 485-1976, § 37; Code 1977, § 17.52.040; Ord. No. 1673-2014, § 3, 9-16-2014)

A.

The city zoning administrator is designated to administer the enforcement of this title. The director of the planning and building safety department shall serve as the zoning administrator unless the city manager by written order designates some other person to so serve. The zoning administrator may delegate duties and powers of the zoning administrator to the administrator's designees.

B.

The zoning administrator shall have the power to make inspections of buildings and premises to carry out the duties of the enforcement of this title, subject to special provisions where stipulated in this title.

C.

In the event that the zoning administrator and building official positions are not assigned to the same individual, issuance of building permits and certificates of occupancy by the building official shall require approval by the zoning administrator prior to such license.

D.

The zoning administrator is under no circumstances permitted to grant an exception to the actual meaning of any clause, order or regulation contained in this title to any person making application to construct, move, alter or use either a building, a structure or land.

E.

The zoning administrator is permitted to grant an administrative variance for minor impact variances to title 17 standards listed in subsection 17.52.050.E.1 based on the criteria listed in subsection 17.52.050.E.2 and consistent with the procedures listed in subsection 17.52.050.E.3.

1.

Minor impact variances to title 17 standards eligible for administrative review by the zoning administrator include:

i.

Up to ten percent deviation of measurable yard and bulk requirements, including:

a.

Minimum lot area;

b.

Minimum lot width;

c.

Maximum lot coverage;

d.

Maximum floor area;

e.

Primary and accessory building setbacks;

f.

Primary and accessory building heights;

g.

Minimum building coverage;

h.

Street frontages;

i.

Parking ratios;

j.

Vehicle access spacing requirements;

k.

Fence and wall heights; and

l.

Other measurable standards as interpreted by the zoning administrator.

2.

The following criteria, insofar as applicable, shall be satisfied prior to zoning administrator approval of an administrative variance to title 17 standards listed in section 17.52.050.E.1:

i.

That there are unique physical circumstances or conditions such as irregularity, narrowness or shallowness of lot, or exceptional topographical or other physical conditions peculiar to the affected property;

ii.

That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located;

iii.

That because of such physical circumstances or conditions, the property cannot reasonably be developed in conformity with the provisions of this title;

iv.

That such unnecessary hardship has not been created by the applicant;

v.

That the variance, if granted, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property;

vi.

That the variance, if granted, is a minimum variance that will afford relief and is the least modification possible of the provisions of this title which are in question;

3.

The procedures for zoning administrator review of requests for an administrative variance to title 17 standards listed in section 17.52.050.E.1 shall be as follows:

i.

The applicant shall submit a complete application and any other application materials the zoning administrator may require at the pre-application conference (such as specific site design criteria).

ii.

Upon receipt of a completed application, the planning division shall determine if a public notification is required. If the applicant provides with the application written evidence satisfactory to the planning division that all adjacent property and business owners consent to granting the requested variance, public notice shall not be required. If such evidence of all adjacent property and business owner consent is not provided with the application, a public notice for the administrative variance request shall be required. Public right-of-way and private streets or alleys will not be considered when determining adjacency.

iii.

If the zoning administrator is satisfied that the application, with or without modifications or conditions, meets all the applicable criteria in section 17.52.050.E.2 and has provided evidence of all adjacent property and business owner consent, then the application may be approved administratively by the zoning administrator. However, the zoning administrator shall have the authority to require that any variance application eligible for administrative review be processed through the board of adjustment hearing procedures described in chapter 17.48 of the Louisville Municipal Code.

iv.

The public notice requirement for requests for an administrative variance to title 17 standards listed in section 17.52.050.E.1 shall be as follows:

a.

The planning division shall cause to be mailed notification of the application to property and business owners within 500 feet of the subject property. A public notice of the application shall be posted on the property, and also on the city's web-site, at the police station, public library, city hall, and recreation center. The notice shall advise the public of the filing of the application and the opportunity to submit comments on the application to the planning division.

i.

Comments from the public will be accepted for a period of 10 days from the date of the public notice. Public comments must be in writing and sent via hand delivery, US mail, email, facsimile, or other technology, to the zoning administrator or zoning administrator's designee who is the case manager for the application. If a valid objection to the application is received by the zoning administrator or case manager within 10 days from the date of public notice, the application shall be processed through the board of adjustment public hearing procedures described in chapter 17.48 Louisville Municipal Code. A "valid objection" is one demonstrating a reasonable likelihood that the application cannot satisfy one or more of the criteria established in section 17.52.050.E.2.

ii.

Within 14 calendar days of receipt of a complete application, the zoning administrator shall provide written comments to the applicant setting forth any modifications or conditions required to bring the proposal into compliance with city requirements.

iii.

If the zoning administrator is satisfied that the application, with or without modifications or conditions, meets all the criteria in section 17.52.050.E.2 of this section and has further determined that no valid objection to the application has been received, then the application may be approved administratively by the zoning administrator within 14 days from the date of the public notice. However, the zoning administrator shall have the authority to require that any variance application eligible for administrative review be processed through the board of adjustment hearing procedures described in chapter 17.48 of the Louisville Municipal Code.

iv.

Building permit applications will be issued only after all the above requirements have been met.

v.

If the zoning administrator determines that one or more of the criteria in section 17.52.050.E.2 have not been met, that a valid objection to the application has been received, or that the application should not be administratively reviewed, the applicant shall be required to submit the application to the board of adjustment public hearing procedures described in chapter 17.48 of Louisville Municipal Code.

vi.

All determinations relating to administrative review of variance applications shall be made by the zoning administrator or the administrator's designee who is the case manager for the application.

F.

Except as expressly provided in this section, the zoning administrator is under no circumstances permitted to make changes in this title or to vary the terms of this title in carrying out the duties of zoning administrator.

(Code 1962, § 25-11-102; Ord. No. 485-1976, § 37; Code 1977, § 17.52.050; Ord. No. 1673-2014, § 4, 9-16-2014; Ord. No. 1770-2019, § 2, 2-5-2019; Ord. No. 1837-2022, § 11, 8-16-2022)

A.

The federal Fair Housing Act, 42 U.S.C. § 3601, et seq., as amended, requires that local governments be prepared to make "reasonable accommodations" in order to permit housing for certain protected individuals to occur in residential areas. In response to a written application identifying the type of housing being provided and the portions of the Fair Housing Act that require reasonable accommodations be made for such housing, the city manager, or the manager's designee, in consultation with the planning division, is authorized to approve minor modifications of building setback, height or lot coverage requirements, up to ten percent of the applicable requirement, or of occupancy limits, up to four unrelated individuals, in order to provide reasonable accommodations without the need for an additional approval process.

B.

The city manager, or the manager's designee, may approve a type of reasonable accommodation different from that requested by the applicant if the city manager or designee concludes that a different form of accommodation would satisfy the requirements of the federal Fair Housing Act with fewer impacts on adjacent neighborhoods. The decision of the city manager or designee shall be accompanied by written findings of fact as to the applicability of the Fair Housing Act, the need for reasonable accommodations, and the authority for any reasonable accommodations approved. The decision of the city manager or designee shall be final for purposes of judicial review.

C.

Any approvals granted under this section shall be transmitted to the planning commission and the city council for their information by written memorandum from the city manager.

(Ord. No. 1611-2011, § 1, 1-3-2012)

A.

It shall be unlawful to begin the excavation for construction, moving, alteration or repair, except ordinary repair as defined in the building code adopted in title 15, until the building official has issued for such work a building permit, in accordance with the requirements of this title and the building code adopted in title 15.

B.

Every application for a building permit for construction, moving, alteration or change in the type of use or type of occupancy shall be accompanied by a written statement and plans or plots, drawn to scale, showing the following in sufficient detail to enable the zoning administrator to ascertain whether the proposed work or use is in compliance with the provisions of this title. All such material is required in duplicate form and shall include:

1.

The actual shape, location and dimensions of the lot or building plot with sufficient information to locate the plot on the ground;

2.

The shape, size and location of all buildings or other structures to be erected, altered or moved; and of any other buildings or structures already on the plot;

3.

The existing and intended use of the plot and all structures upon it; and

4.

Such information concerning the plot or adjoining lots or other matters as may be essential for determining whether the provisions of this title and other ordinances are being observed.

C.

If the proposed construction, moving, alteration, or use of the land as set forth in the application is in conformity with the provisions of this title, the zoning administrator shall approve issuance of the building permit.

D.

Issuance of a building permit shall in no case be construed as waiving any provision of this title or of any other city ordinance.

E.

The zoning administrator shall approve issuance of a building permit when the conditions imposed by this title are complied with by the applicant, regardless of the effect of such permit on contracts, such as deed covenants, deed restrictions, or private agreements.

F.

If any application for a building permit is not approved by the zoning administrator, the cause for such disapproval shall be stated in writing.

G.

Plans submitted with an application for a building permit shall be reviewed and approved by all appropriate departments of the city.

(Code 1962, § 25-11-103; Ord. No. 485-1976, § 37; Code 1977, § 17.52.060; Ord. No. 779-1983, § 3)

A.

No building or structure authorized by a building permit shall be occupied and no change in occupancy of a building, part of a building, or land shall be made until after the zoning administrator has issued a certificate of occupancy therefor. The certificate of occupancy shall not only state the information as required under the building code adopted in title 15, but shall also state that the occupancy authorized has been approved by the zoning administrator as being in compliance with this title. Occupancy other than that authorized in the certificate of occupancy shall be unlawful.

B.

Certificates of occupancy shall be applied for coincident with the application for a building permit, and shall be issued within ten days after the erection or structural alteration of such building has been completed in conformity with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the zoning administrator and copies shall be furnished on request to any persons having a property or tenancy interest in the building affected.

C.

No building permit shall be issued before application has been made for a certificate of occupancy or before compliance.

(Code 1962, § 25-11-104; Ord. No. 485-1976, § 37; Code 1977, § 17.52.070)

A.

A use permit is a document authorizing the existence of a nonconforming use, a special review use, or a variance as these terms are defined in chapter 17.08. The issuance of a use permit may be prerequisite to the issuance of a building permit or certificate of occupancy, but shall not alleviate the requirement for a building permit or certificate of occupancy where this requirement would otherwise exist.

B.

A use permit is required for all nonconforming uses, all review uses, and for all variances. A use permit may have a specified time limitation attached and may impose conditions other than those which are specifically set forth in this title.

C.

Responsibility for issuance of use permits is as follows:

1.

The zoning administrator shall issue use permits for all nonconforming uses as soon as practical following enactment of the ordinance codified in this chapter, and the zoning administrator may rescind a use permit for a nonconforming use upon cessation of the use of the building or land as set out in chapter 17.36;

2.

The planning and zoning commission may issue use permits for review uses;

3.

The board of adjustment may issue use permits for variances.

D.

Following the issuance of a use permit, the zoning administrator shall ensure that if the development is undertaken it is completed in compliance with such permit. However, if a use permit has not been used within six months after the date granted, the permit is automatically canceled, which fact shall be noted over the signature of the zoning administrator on the file copies of the permit; and the owner shall be notified of the cancellation in writing.

(Code 1962, § 25-11-105; Ord. No. 485-1976, § 37; Code 1977, § 17.52.080)

No building permit shall be issued on any property within the city for construction of a structure prior to the completion of the subdivision process for such property as set forth under title 16 of this Code. For purposes of this section, the term "structure" shall not include fences, flagpoles, or retaining walls.

(Code 1962, § 25-11-106; Ord. No. 485-1976, § 37; Code 1977, § 17.52.090; Ord. No. 779-1983, § 2)

Temporary permits for buildings to be constructed and used for storage incidental to the construction of buildings on the property and for signs advertising a subdivision or tract of land or the lots thereon shall be subject to section 17.16.180, the City of Louisville Sign Code adopted pursuant to chapter 17.24, chapter 17.60 and any other applicable provisions of this title.

(Code 1962, § 25-11-107; Ord. No. 485-1976, § 37; Code 1977, § 17.52.100; Ord. No. 1779-2019, § 10, 10-15-2019)

A building permit for a special review use or for a use involving a variance shall be void after six months from the day of issuance if no substantial construction has taken place.

(Code 1962, § 25-11-108; Ord. No. 485-1976, § 37; Code 1977, § 17.52.110)

This title shall not be construed to hold the city or its authorized representatives responsible for any damage to persons or property by reason of inspection or reinspection authorized in this title or failure to inspect or reinspect, or by reason of issuing a building permit as provided in this title.

(Code 1962, § 25-11-113; Ord. No. 485-1976, § 37; Code 1977, § 17.52.120)

The provisions of this title shall be held to be the minimum requirements fulfilling its objectives. Where the conditions imposed by any provision of this title are less restrictive than comparable conditions imposed by any other provisions of this title or of any other ordinance, resolution or regulation, the provisions which are more restrictive shall govern.

(Code 1962, § 25-11-110; Ord. No. 485-1976, § 37; Code 1977, § 17.52.130)

A.

If the zoning administrator finds or if any person files with him a complaint in writing alleging that any of the provisions of this title are being violated, he shall immediately investigate, and when necessary give written notice to the person responsible to cease such violations forthwith.

B.

Written notice may be delivered in person or by certified mail to the violator or to any person in charge of property where violation is occurring.

C.

If the violation which is the subject of the notice delivered by the zoning administrator is not remedied within a reasonable time or a time set by the zoning administrator, action may be brought against the party or parties in violation pursuant to this title and any other appropriate legal process may be undertaken by the city to remedy the violation.

(Code 1962, § 25-11-109; Ord. No. 485-1976, § 37; Code 1977, § 17.52.140; Ord. No. 779-1983, § 3)

The owner or owners of any building or buildings or premises or part thereof where anything in violation of this title exists or is placed or maintained; any architect, builder, or contractor who assists in the commission of any such violation; and all persons or corporations who violate or maintain any violation of any of the provisions of this title or who fail to comply therewith or with any requirements thereof or who build in violation of any statement or plan submitted and approved thereunder, for each and every violation or noncompliance, shall be guilty of a violation hereof and shall be subject to the penalty provided in section 1.28.010.

(Code 1962, § 25-11-112; Ord. No. 485-1976, § 37; Code 1977, § 17.52.150; Ord. No. 514-1977, § 10)