(A) Purpose. The purpose of the Mixed Land Use (MLU) Zone is to provide for the combining of offices,
, and residential uses with secondary retail and service uses within a planned development. Such development is intended to be designed to provide for an internally oriented group of activities which are functionally integrated relative to land uses, vehicular and pedestrian circulation, and the arrangement of
. In addition, the intent of the
is to promote flexibility in design and planned diversification in the relationships between location of and types of uses and
; promote the advantages of modern large scale site planning for community development through the efficient use of land, facilitating a more economic arrangement of buildings, circulation systems, land uses, and utilities; preserve, to the greatest extent possible, the existing landscape features, and amenities, and to utilize such feature in a harmonious fashion; provide for more usable and suitably located open space facilities and common facilities than would otherwise be provided under conventional land development procedures, but always with the intention of furthering the public health, safety, and general welfare.
(B) General. A Mixed Land Use Zone may be permitted provided that all conditions or provisions of this section, the applicable requirements of the
regulations, and any additional requirements as may be determined necessary to provide for the most efficient layout of the MLU Zone and its proper integration with the surrounding development are met; and a public hearing is held on the MLU application.
(C) Application and processing. Applications for Mixed Land Use Zone shall be processed as follows in two stages:
(1) Stage I. Applications for a map amendment to
an area for Mixed Land Use (MLU) shall be accompanied by a development plan, in accordance with the Stage I plan requirements, provided for within division (O) of this section. If an area, however, is zoned MLU at the time the original zoning for the area is established (through annexation) the submission of the Stage I development plan for review by the
and the legislative body, shall not be required until the area is proposed to be developed.
(a) The Planning and Zoning Com- mission shall hold a public hearing on the proposed application (development plan Stage I and where applicable, the zoning map amendment), in accordance with the requirements of KRS Chapter 424, and review said application with regard to its compliance with the stated purposes of the MLU Zone, the required elements of the Stage I plan and other applicable requirements of this section. Upon holding such hearing, the
shall make one of the following recommendations to the legislative body: approval, approval with conditions, or disapproval. The
shall submit, along with their recommendations, a copy of the Stage I plan and the bases for their recommendation.
(b) 1. The legislative body shall, within 45 days after receiving the recommendations of the
, review said recommendations and take action to approve, or disapprove said MLU application. Such action may incorporate any conditions imposed by the
. However, should the legislative body take action to impose different conditions than were reviewed and considered by the
, then said conditions shall be resubmitted to the
for further review and recommendation, in accordance with division (C)(1)(a) of this section. Approval of the MLU Zone shall require that development be in conformance with the Stage I approved plan.
2. The legislative body shall forward a copy of the approved plan to the
for further processing, in accordance with the requirement for Stage II plan and record plat.
3. Zoning map amendment. Upon approval of the MLU Zone, the official zoning map shall be amended by designating the area as identified in the application or as shown on the Stage I approved plan as MLU.
(2) Stage II plan and record plat.
(a) A Stage II plan and record plat shall be developed in conformance with the Stage I approved plan and in accordance with the requirements of § 154.088(E)(1) and (2), and submitted to the
and the legislative body for its review and approval. Except for the manner of submission and processing, the
regulations may be waived, where applicable, and the requirements of §154. shall be substituted therefor. Those requirements not specifically waived by the
shall conform with the
regulations.
1. The
shall review the submitted Stage II plan with regard to its compliance with the required elements of § 154. , for Stage II plans, other applicable elements of this chapter and other applicable regulations, and its conformity with the Stage I approved plan. Minor adjustments for the Stage I approved plan may be permitted, provided that the adjustments do not change land uses, increase overall density, significantly alter circulation patterns (vehicular and pedestrian) or decrease the amount and/or usability of open space or
areas, or conflict with other applicable requirements of this chapter (for example, parking requirements). The
, upon completion of its review of proposed Stage II plan, shall make one of the following recommendations to the legislative body: approval, approval with conditions, or disapproval. The
shall submit along with their recommendations, a copy of the Stage II plan and the bases for their recommendations.
2. a. The legislative body shall, within 45 days after receiving the recommendations of the
, review said recommendations and take action to approve or disapprove the Stage II plan. Such action may incorporate any conditions imposed by the
. However, should the legislative body take action to impose different conditions than were reviewed and considered by the
, then said conditions shall be resubmitted to the
for further review and recommendation, in accordance with division (C)(2)(a) of this section.
b. Upon approval of the Stage II plan, by the legislative body, a copy of said plan shall be forwarded to the
, who shall grant permits only in accordance with the Stage II approved plan and other regulations, as may be required by this chapter; and the
.
3. Upon approval of the Stage II plan, the
shall review the submitted final plat, if applicable, with regard to its compliance with the required elements of § 154.088(E)(2) for record plats, the applicable requirements of the
regulations and its conformance with the Stage II approved plan.
(b) Upon
approval of the final plat, copies of said plat, certified by the
, and suitable for recording shall be forwarded by the
to the office of the County Clerk to be recorded.
(D)
.
(1) One or more of the following uses may be permitted. Said uses shall be clearly delineated on the Stage I and II plans:
(a) Offices and research laboratories, excluding industrial laboratory facilities.
(b)
.
(c)
only.
(d) Residential, including single- family attached and detached, two-family and multi- family.
(e) Learning for continuing education programs.
(2) Accessory uses. One or more of the following accessory uses may be permitted:
(a)
and uses.
(b) Retail and service uses, as listed below, may be included as part of the development, provided said uses are entered from within any of the
listed above or are developed as an integral part of the proposed development. Said uses shall be internally oriented to the development and shall serve as a convenience to any of the occupants thereof, their patients, as a convenience to the client or customers, and further provided that no exterior
shall be visible from outside the area of the approved development:
1. Apparel shop
2. Art and art supplies
3. Bakery and bakery goods store, provided the products are sold exclusively on the premises
4. Banks and other financial institutions, including savings, loan, and finance companies
5. Barber and beauty shops
6. Book, stationery, or gift shops
7. Camera and photographic supplies
8. Candy store, soda fountain, ice cream store, excluding
9. Drug store
10. Eating and drinking places, including entertainment facilities
11. Florist shop
12. Glass, china, or pottery store
13. Haberdashery
14. Health spas
15. Hobby shop
16. Interior decorating studio
17. Jewelry store, including repair
18. Leather goods, and luggage store
19. Music, musical instruments and records, including incidental repair
20. Opticians and optical goods
21. Package liquor and wine store
22. Post office
23. Shoe store with incidental shoe repair
24. Sporting goods
25. Studios for professional work or teaching of any form of fine arts, photography, music, drama, or dance
26. Tailor shop
27. Toy store
(E) Public and semi-public uses. Public and semi-public
and uses may be permitted in the MLU Zone. These uses shall be delineated on the plan and shall be limited to one or more of the following uses:
(1) Schools (
, elementary, and secondary).
(2) Churches.
(3) Community centers, including day care facilities.
(4) Country clubs.
(5) Libraries.
(6) Fire or police stations.
(7) Open space/
areas.
(8) Governmental offices.
(F) Area requirements. No MLU Zone shall be permitted on less than 25 acres of land. However, development of a small tract adjacent to an existing MLU Zone may be permitted, if the proposed development conforms to and extends the original development as if the new area had been a part of the original development.
(G) Access shall be provided to the site via a major
or
, as identified within the locally adopted
.
(H) Height,
, and setback regulations. Requirements shall be as approved in the plan.
(J)
, walls, and
. The location, height, and type of all
, walls, and
shall be as approved in the plan.
(K) Erosion and sedimentation control. Effective erosion and sedimentation controls shall be planned and applied in accordance with § 154.042.
(L) Open space/
area. At least 20% of the total acreage of the proposed MLU development shall be retained as open space or
areas. Such open space/
areas shall be physically situated so as to be readily accessible, available to, and usable by all activities with the MLU development. Open space and
areas shall be that part of the total project exclusive of parking areas, access drives, and streets.
(M) Amendments. Any amendments to plans, except for the minor adjustments which may be permitted by the
, shall be made in accordance with the procedure required by division (C) of this section.
(N) Expiration. Development plans within the MLU Zone shall be subject to the time constraints, as noted below. Upon expiration of said time period and any extensions thereto, the legislative body may initiate a request for a public hearing by the
, in accordance with the requirements of KRS Chapter 100, for the purpose of determining the appropriateness of the approved development plan. A public hearing may be initiated if either of the following conditions apply:
(1) Stage II plan has not been approved by the
within a period of 24 consecutive months from the date of the Stage I approved plan, except as agreed upon for the phasing of development by the legislative body; provided that an extension may be permitted upon the approval of the legislative body or their duly authorized representative if sufficient proof can be demonstrated that prevailing conditions have not changed appreciably to render the Stage 1 approved plan obsolete.
(2) Substantial construction has not been initiated within a period of 12 consecutive months from the date of approval of the Stage II plan by the
; provided that an extension may be permitted upon approval of the legislative body or its duly authorized representative, if sufficient proof can be demonstrated that the construction was delayed due to circumstances beyond the applicant's control, and that prevailing conditions have not changed appreciably to render the Stage I approved plan obsolete. The amount of construction constituting initiating substantial construction shall be as approved in the State II approved plan.
(O) Development plan requirements.
(1) Stage I plan requirements. The Stage I plan shall identify and provide the following information drawn to a scale not smaller than one inch equals 100 feet:
(a) General.
1. The total area in the project;
2. The present zoning of the subject property and all adjacent properties;
3. All public and private rights- of-way and
lines located on the subject property;
4. Existing topography, shown by contour with intervals not to exceed five feet;
5. General description (text or map) of the proposed phasing of development;
6. General location of proposed streets;
7. A conceptual diagram (except for Phase I of the proposed project, which must meet the requirements as defined herein) indicating the anticipated location of the various proposed land uses within each phase of development (including open space as required by division (L) of this section) and the approximate number of acres to be utilized by each type of land use.
(b) Phase I. The Phase I portion of submitted Stage I plan shall provide at a minimum:
1. Location of
and the description of the proposed development (office, hotel, retail commercial, residential, and the like) to be located within the Phase I portion of the project;
2. The estimated
and/or number of rooms and/or the density of residential development of the various activities within the Phase I portion of the project;
3. Approximate height of the proposed
within the Phase I portion of the project.
(C) Subsequent phases of development shall be reviewed by the
and the legislative body to determine the conformance of such plans to the approved Stage I plan. Plans for subsequent development of the area may be submitted for initial review in the same form as was required for Phase I of the development, with subsequent review as a Stage II plan, or as a direct application for Stage II review with such detail as is required by such a submission.
(2) Stage II. The Stage II plan shall be prepared in accordance with the requirements of § 154.088(E).
(Ord. 0-11-82, passed 11-3-82) Penalty, see § 154.999