A planned unit development project, which may depart from conformance with the regulations for principal building and single lot development may be permitted in those districts where it is designated as a conditional use under the zoning district regulations or may be permitted in any district after an amendment to the zoning map. All Planned Unit Development (PUD) projects shall be subject to the regulations of this subchapter.

(Ord. passed 1-27-87)

   The procedure for review and approval of all planned unit development projects shall be as follows:

   (A)   The developer of a planned PUD project shall meet with the Planning Commission period to the preparation or submission of a preliminary plat of a proposed planned development project. The purpose of this meeting shall be to discuss informally with the Planning Commission the minimum requirements and performance standards for PUD projects as well as to discuss existing or proposed development which may affect or be affected by the proposed development. For the purpose of this discussion, the developer shall provide a sketch plan indicating the proposed project area, its relationship to the surrounding area, and the general development schedule. The advisory meeting and informal review is designed to prevent unnecessary and costly revisions in the design and development plan to be presented in the preliminary plat application. Formal application or filing of a plat is not required for this advisory meeting.

   (B)   After the advisory meeting, the developer of a proposed planned unit development project shall submit an application for a conditional use permit or zoning amendment, as applicable, to the Planning Commission along with a preliminary plat of the proposed PUD project. The preliminary plat shall reflect the standards of design set forth in this chapter for planned unit development projects and shall provide at least the following information.

      (1)   The preliminary plat shall be drawn to scale appropriate to the size and nature of the project and shall show the proposed dimensions, size, location, and arrangement of the following:

         (a)   Buildings.

         (b)   Parking areas with arrangement and number of parking spaces. (For the CBD (C-3), if parking is not available on-site, a statement assuring compliance with § 156.130(D)(1)(b) or § 156.130(D)(1)(d).

         (c)   Entrance and exist roads and their relationship to existing and proposed streets, alleys, and other public ways.

         (d)   Setback lines, permanent open spaces separation strips, and landscaped areas.

         (e)   The name of the planned unit development project.

         (f)   Date, approximate north arrow, and graphic scale.

         (g)   Acreage of land within the project.

         (h)   Names and addresses of the owner, contractor, architect, engineer or surveyor, and all owners of adjacent properties.

         (i)   Boundary lines of the project and their bearings and distances.

         (j)   Existing and proposed easements and their locations, widths, and distances.

         (k)   Streets on and adjacent to the project and their names and widths.

         (l)   Utilities on and adjacent to the project.

      (2)   Proposed restrictions or mandatory dedications, if any, shall be attached to the preliminary plat.

      (3)   The Planning Commission may also require that the developer provide additional supporting data such as economic justification, financing, and construction scheduling when deemed necessary for project review.

   (C)   Planning Commission’s review of the preliminary plat. The Planning Commission shall review the preliminary plat in regard to its design and compatibility with surrounding uses, major streets, the regulations of the planned unit development provisions, and the performance standards of this chapter. Since a planned unit development project is inherently more complex than individual lot development and because each project must be tailored to the topography and neighboring uses, the conditions for the project cannot be inflexible. The Planning Commission may require revised or additional plats, data, drawings, or profiles of the proposed project when necessary to insure that there will be no departure from the intent of this zoning code.

   (D)   Public hearing and recommendation. After complete review of the proposed project, the Planning Commission shall hold a public hearing after notice as required as KRS Chapter 424 and make its recommendation to the Board of Zoning Adjustment if the project is being proposed as a conditional use and to the Board of Commissioners if the project is being proposed as a zoning amendment. Such recommendation shall include a statement of the Planning Commission’s determination and a statement of any special conditions which may have been attached by the Planning Commission.

   (E)   Action by the Board of Zoning Adjustment or Board of Commissioners on preliminary plat. Upon receipt of the proposed PUD project preliminary plat and Planning Commission’s recommendation, the Board of Commissioners or Board of Zoning Adjustments, as applicable shall follow their normal procedure of action regarding conditional use permits or zoning amendments.

      (1)   If the Board of Zoning Adjustment approves the proposed project preliminary plat, it shall issue written authorization to the applicant to prepare a final plat to be submitted to the Planning Commission for review and approval.

      (2)   If the Board of Commissioners approves the proposed project preliminary plat, it shall issue written authorization to the applicant to prepare a final plat to be submitted to the Planning Commission for review and approval.

   (F)   Final plat review. Upon receiving written authorization by the Board of Zoning Adjustment or the Board of Commissioners, as applicable, the applicant shall submit the final plat of the proposed planned unit development project to the Planning Commission for its review and approval within one (1) year from the date of such written authorization.

      (1)   The final plat shall be drawn at a scale appropriate to the size and nature of the project and shall be essentially and substantially the same as the preliminary plat and shall reflect all special conditions attached during the project preliminary plat review and shall contain all information required in the project preliminary plat with the following exceptions:

         (a)   The final plat shall show a true north line.

         (b)   All dimensions, angles, bearings, and similar data on the plat shall be tied to primary control points. Location and description of such control points shall be given.

         (c)   Certification, on plat, of title showing that the applicant is the owner and statement by the owner dedicating street, rights-of-way, and any other site or payment in liens of sites as may be required.

         (d)   Certification, on plat, by surveyor or engineer as to the accuracy of survey and plat.

         (e)   All special conditions attached to preliminary approval and any restriction specified by the owner shall be placed directly on the final plat or attached thereto.

         (f)   Certification attached to plat stating that the owner has posted with the city a surety bond or certified check in sufficient amount to assure completion of all such required improvements.

         (g)   Certification on plat by the Chairperson of the Planning Commission and Board of Zoning Adjustment that the final plat has been approved for recording in the office of the County Court Clerk.

      (2)   Planning Commission action on final plat. Upon receipt of the final plat of the proposed PUD project, the Planning Commission shall review the plat for completeness and adherence to the approved preliminary plat and attached special conditions. If the Planning Commission finds that the final plat is in accord with the approved preliminary plat and fulfills the attached special conditions of preliminary approval, the Planning Commission may approve the final plat and the Chairperson of the Planning Commission shall indicate such approval. The approved final plat, including those PUD projects approved under the zoning amendment procedure of this chapter, shall be referred to the Board of Zoning Adjustment for final approval.

      (3)   Board of Zoning Adjustment action on final plat. If the Board of Zoning Adjustment approves the final plat, the Chairman of the Board of Zoning Adjustment shall indicate such approval on the final plat and shall follow all procedures set forth in § 156.050 regarding the approval of a conditional use permit application. The Planned Unit Development project shall thereafter be subject to all of the provisions of this chapter regarding conditional use permits including recording, effect, non-compliance, time limits, and permanently satisfied permits. The Board of Zoning Adjustment shall not issue approval final plat unless all fees required by this chapter are paid, except that:

         (a)   No fee shall be charged for the advisory meeting and informal review with the Planning Commission.

         (b)   The fees to be charged for reviewing preliminary and final plats are shown in § 156.016.

(Ord. passed 1-27-87; Am. Ord. O-2019-08, passed 3-11-19)

   The following general regulations shall apply to all planned unit development projects:

   (A)   Construction of all planned unit development projects shall be started within one (1) year after approval of the final plat.

   (B)   The applicant of a planned unit development project may be required to provide a detailed statement of proposal, including covenants, agreements, or other specific documents showing the ownership and the method of assuring perpetual maintenance to be applied to these areas within the project that are to be used for open space, recreational, or other common or public purposes. Such a statement, if required, shall be attached to the preliminary and final plats as special conditions.

   (C)   The posting of a surety bond or certified check payable to the city shall be required of the applicant of a planned unit development project to assure the installation of improvements as

required as special conditions. The bond or check shall be subject to the condition that the improvements will be completed within two (2) years after final plat approval.

   (D)   There shall be no change, alteration, amendment, or extension of any approved planned unit development project final plat unless the change, alteration, amendment, or extension is approved in conformance with §§ 156.050 or 156.071 of this chapter.

   (E)   Whenever there is a conflict or difference between the provisions of this subchapter and those of other provisions of this zoning code, the provisions of this subchapter shall prevail for the development of planned unit development projects. Subjects not covered by this subchapter shall be governed by the respective provisions found elsewhere in this chapter or in the subdivision regulations. Regulations particular to the zone in which the proposed planned unit development is situated shall apply except to the extent that the departure therefrom is specifically allowed as a result of the planned unit development.

   (F)   All buildings constructed in a planned unit development project shall conform to all local, state, and federal regulations pertaining to the particular type of building or buildings proposed. The Planning Commission may require that any building construction be of an approved fire-resistant material or that before a certificate of occupancy is approved the developer must provide the Administrative Official with a written certificate of approval from the State Fire Marshal.

(Ord. passed 1-27-87) Penalty, see § 156.999

   All residential planned unit developments shall be subject to the following regulations:

   (A)   The premises of a residential planned unit development project shall be used only for single-family and multi-family dwelling units and accessory buildings normally used with such units.

   (B)   The proposed site must be suitable for residential development by virtue of its location, shape, topography, and the nature of surrounding development.

   (C)   Land use intensity standards, minimum land area, and regulations are as follows:

      (1)   Land use intensity standards are contained in the following table:

 

 

 

*All ratios are multiplied by land area.

**Open space contains both the livable space and the recreation space.

      (2)   The maximum number of dwelling units permitted shall not exceed the total gross floor area divided by six hundred fifty (650) square feet.

      (3)   All project access points on a public street shall be located at least one hundred (100) feet from the intersection of any street right-of-way lines.

(Ord. passed 1-27-87) Penalty, see § 156.999

   All planned commercial development projects shall be subject to the following regulations:

   (A)   The premises of a planned unit commercial development project shall be used only for the following commercial uses and those accessory buildings normally associated with these uses.

      (1)   Retail sales. Processing of products is permitted only if all products are sold at retail on the premises.

      (2)   Consumer services.

      (3)   Professional, business, and government offices.

      (4)   Organizational meeting places.

   (B)   The development site must be suitable for commercial purposes by virtue of its location, shape, topography, access to arterial and collector streets, and by the nature of surrounding development.

   (C)   Development standards:

      (1)   Commercial planned development projects shall contain at least fifteen thousand (15,000) square feet of land area.

      (2)   Parking requirements shall be the same as provided in the performance standards in §§ 156.125 through 156.132.

      (3)   Access points on a public street shall be at minimum of two hundred (200) feet apart and shall be located at least two hundred fifty (250) feet from the intersection of any street right-of-way lines. The Planning Commission may require wider spacing between access points and intersecting street right-of-way lines. All access points must be approved by the Planning Commission.

      (4)   All buildings shall be located at least thirty five (35) feet from all property lines and at least fifty (50) feet from the right-of-way of any public street on which access to the development is located.

      (5)   No building shall exceed seven (7) stories in height.

      (6)   Landscaped separation strips shall be installed in compliance with the performance standards of this chapter. The project shall be permanently screened from adjoining and contiguous properties in the manner set forth in the performance standards of this chapter.

(Ord. passed 1-27-87) Penalty, see § 156.999

   All industrial planned development projects shall be subject to the following regulations:

   (A)   Uses. The site of an industrial planned unit development project shall be used for the following buildings and uses and accessory building and uses only:

      (1)   Nonretail sales and services.

      (2)   Light industry. The Board of Zoning Adjustment shall upon application by the Administrative Official when the classification is in doubt distinguish between light and heavy industry according to the definition in these zoning regulations.

      (3)   Research laboratories.

      (4)   Heavy industry; extractive uses. Outdoor storage or processing; retail sales and consumer services accessory to and provided for employees of the planned industrial project shall be permitted only if they are approved along with the final plat of the planned industrial project or if they are subsequently approved as conditional use by the Board of Zoning Adjustment.

   (B)   Compatibility. The tract of land must be suitable for an industrial development by virtue of its location, shape, topography, and the nature of surrounding development.

   (C)   Standards. Minimum land area, dimensions, standards, and regulations for planned industrial projects are as follows:

      (1)   Planned unit industrial projects shall contain at least ten (10) acres of land.

      (2)   At least one (1) parking space shall be provided for every two (2) employees employed during the largest single shift, and one (1) parking space for each vehicle operated by the plant, where no conflict exists, the parking standards shall comply with the parking provisions established in § 156.030. Where conflict exists this section shall prevail.

      (3)   Loading standards. In addition to the loading and unloading standards established in § 156.030, additional loading and unloading facilities shall be provided as required by the Planning Commission.

      (4)   The minimum lot frontage on a public street should be five hundred (500) feet.

      (5)   All project access points shall be located on a collector arterial or marginal street and should be located at least six hundred (600) feet apart. All project access points should be located at least six hundred (600) feet from the intersection of any street right-of-way lines. The Planning Commission may require wider spacing between access points and intersecting street right-of-way lines when the project has more than the minimum required lot frontage on a collector arterial or marginal street. All access points shall be specifically approved by the Planning Commission.

      (6)   All buildings shall be located at least seventy-five (75) feet from all property lines and at least seventy-five (75) feet from the right-of-way of any public street on which the project is located. The Planning Commission may reduce the required building setbacks where such buildings would be adjacent to railroad sidings if such reductions would not be detrimental to surrounding areas.

      (7)   No building shall exceed three (3) stories in height.

      (8)   Landscaping and screening shall be required along all property lines as provided § 156.132. The Planning Commission may reduce the required separation strip where such separation strips would prevent building from locating adjacent to railroad sidings provided such reductions would not be detrimental to surrounding areas.

      (9)   Signs and signage shall conform to the sign regulations contained in §§ 156.145 through 156.151.

(Ord. passed 1-27-87) Penalty, see § 156.999

   All planned unit development combining more than one (1) of the uses described in this subchapter shall be subject to the following regulations:

   (A)   Uses. A mixed-use planned unit development project may include any two (2) or more of the following planned unit development projects: residential, commercial, or industrial. The site shall conform to the uses permitted in the respective planned unit development project regulations of this subchapter.

   (B)   Compatibility. The tract of land must be suitable for a mixed use planned development project by virtue of its location, shape, topography, and the nature of surrounding development.

   (C)   Standards. In any mixed-use planned unit development project, although it is permissible to provide a mixed and integrated development, there shall be no reduction in the required land area, parking and circulation area, open spaces, dimensions, standards, and regulations that would be required for each type of building and use if it were submitted as separate planned unit development projects.

(Ord. passed 1-27-87) Penalty, see § 156.999