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5.04.01 Purpose. The purpose of the Area Protection Overlay zone is to preserve those areas wherein the city legislative body is actively considering enacting a development plan project under KRS Chapter 99, and additionally to protect those areas from development that is inconsistent with the city's adopted goals and objectives for the area as a potential development plan project under KRS Chapter 99.
(A) The regulations of this section apply to all development proposed within the boundaries of the AP-O zones, as shown on the official zoning map.
(B) Upon approval of an AP Overlay zone, the official zoning map must be amended by adding the suffix AP-O, in parentheses, to the existing zones, i.e., RU-2 (AP-O), within the identified areas.
5.04.03 Processing. The zoning of an area to AP Overlay zone must be processed in the following manner:
(A) The city's legislative body must declare by resolution its intent to consider an area for a development plan project as enacted under KRS Chapter 99. In identifying the area, the city must include goals and objectives as a guide for development of the area as related to is future as a development under KRS Chapter 99. These goals and objectives may apply to both the area as a whole and the sub-areas within larger areas.
(B) A public hearing must be held by the Planning Commission on the zoning map amendment, and a recommendation must be forwarded to city's legislative body.
(C) The city's legislative body must review the recommendation of the Planning Commission and take action on the proposed amendment within 90 days.
(D) The zoning of an area under the designation AP Overlay zone will be subject to the time constraints as noted below. Upon the expiration of the time constraints, it is the responsibility of the city's legislative body to initiate an amendment to the zoning ordinance to remove from the official zoning map the AP Overlay zone designation. A zoning map amendment may be initiated if either the following conditions applies:
(1) The legislative body, under authority of KRS Chapter 99, adopts a development plan project for the AP Overlay zone area; or
(2) A development plan project (KRS Chapter 99) has not been adopted for the AP Overlay zone area within 12 consecutive months from the date of approval of the amendment to AP Overlay zone; however, the duration of the AP Overlay zone may be extended for a period not to exceed six months, provided the city is actively preparing to adopt a development plan project for the area.
(E) The zoning map amendment to remove the AP Overlay zone designation must be in accordance with the procedures outlined in KRS Chapter 100 for a zoning map amendment.
5.04.04 Permitted Development.
(A) Principal Permitted, Conditional, and Accessory Uses. Buildings or premises may be utilized only for those principal permitted, conditional, or accessory uses within the particular underlying zone where the building or premises is located, provided that no new construction is permitted except in accordance with the requirements of this section. Conditional uses must also be reviewed and approved by the city's Board of Adjustment.
(B) New Construction. New construction means demolition, erection, physical expansion, or outside remodeling of building or premises, including accessory uses or appurtenances to the principal use. It does not mean normal maintenance (such as cleaning and painting) or demolition required by the Code Enforcement Department for the purposes of maintaining the health, safety, and welfare of the neighborhood.
(1) Application. A permit for new construction may be granted only in accordance with the following review process:
(a) Applicable information as required under § 12.06 must be submitted to the Zoning Administrator for acceptance and further processing. In addition, architectural drawings or renderings of various elevations must be included to identify outside building treatment. The purpose of the material submitted is to determine the compliance of the proposed new construction with the identified review criteria in § 5.04.04(B)(2).
(b) The Zoning Administrator must review the submitted information within 30 days of its receipt to determine if the proposed new construction is in compliance with the zoning ordinance (such as use, parking, and setbacks). The Zoning Administrator must then submit, with the proposal for new construction, a report to the Urban Design Review Board identifying whether or not the proposal is in compliance with the requirements of the zoning ordinance and if not in compliance, what must be done to comply with this chapter (such as additional parking or setback or variance from the Board of Adjustment).
(c) A meeting of the Urban Design Review Board must be scheduled no more than 30 days after receipt of the proposal for new construction and the report of the Zoning Administrator. At the meeting, the applicant must present to the Board his or her proposal for new construction. The presentation by the applicant and consideration by the Board must focus on the review criteria, § 5.04.04(B)(2), keeping in mind that the purpose of the review is to effect the adopted goals and objectives for the area as a future development plan project, and to maintain to the extent possible the distinctive character, quality of construction, and individual architectural integrity within the AP Overlay zone area.
(d) In reviewing the proposal for new construction, the Urban Design Review Board may utilize and confer with any city department, local neighborhood, or interest groups that could provide input toward their recommendation.
(e) The Urban Design Review Board must, within 14 days of their meeting, make a report to the city's legislative body indicating their recommendation and bases for such recommendation, including any conditions thereto.
(f) The city's legislative body, after receiving the report of the Urban Design Review Board, must within 60 days review the recommendations of the Urban Design Review Board and take action to approve or disapprove the proposal. If approved, the proposal must be forwarded to the Zoning Administrator for further processing, in accordance with the requirement of this or other applicable city ordinances. In the event a proposal is disapproved by the legislative body, notice of the action and basis therefore must be forwarded to the applicant.
(2) Review and Approval Criteria. A proposal for new construction must be reviewed in accordance with the following criteria. If the proposed new construction involves demolition, the review must also include a concurrent review of the replacement uses.
(a) Zoning Compliance. The proposed new construction must be a permitted or conditional use in the underlying zone where the new construction is proposed, and the development must be in accordance with the requirements of the zoning ordinance. Any conditional use must be reviewed and approved by the Board of Adjustment prior to submission for new construction review. (NOTE: The report of the Zoning Administrator must be the basis of determining compliance with the zoning ordinance).
(b) Goals and Objectives for the Area. The proposed new construction must be consistent with the adopted goals and objectives for future development within the area as noted by the city in identifying the area for consideration as a development plan project under KRS Chapter 99.
(c) Height. New buildings, including all appurtenances thereto, must be constructed so as to maintain a relationship compatible to and in character with existing adjacent development along or within the same block. Consideration must be given to maintaining similar building proportions (height to width) as exists within the area. Where necessary, the Urban Design Review Board may recommend a variance be requested from the Board of Adjustment. Any recommendation by the Urban Design Review Board for approval of a new construction proposal that requires a variance from the Board of Adjustment must be conditioned on receipt of the variance.
(d) Location. New buildings must be positioned so as to maintain the existing pattern of setback from the street and the established building rhythm (structure to open space) where applicable. Where necessary, the Urban Design Review Board may recommend a variance be requested from the Board of Adjustment. Any recommendation by the Urban Design Review Board for approval of new construction proposal that requires a variance from the Board of Adjustment must be conditioned on receipt of the variance.
(e) Special Details. Architectural details, including windows, doors, roofing, and facade treatments on new and remodeled buildings must be in character with existing structures the area in terms of sizes, shapes and materials.
5.04.05 Other Regulations. The amendment of AP Overlay zone does not affect the applicability of other regulations contained within this chapter. An HP-O, Historic Preservation Overlay zone may be adopted in conjunction with an AP Overlay zone.
(Ord. O-37-06, passed 8-15-06)