A. Purpose: the purpose of the Mixed Land Use (MLU) Zone is to provide for the combining of offices, hotels and motels, retail and service uses, and residential 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 structures. In addition, the intent of the zone is to promote flexibility in design and planned diversification in the relationships between location of and types of uses and structures; 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 features 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 MLU Zone may be permitted provided that all conditions or provisions of this section, the applicable requirements of the subdivision 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 zone an area for MLU shall be accompanied by a development plan, in accordance with the Stage I Plan requirements, provided for within § 9.20. If an area, however, is currently zoned MLU, the submission of the Stage I development plan for review by the Planning and Zoning Commission and the legislative body, shall not be required until the area is proposed to be developed.
a. The Planning Commission 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 Planning Commission shall make one of the following recommendations to the legislative body approval, approval with conditions, or disapproval. The Planning Commission shall submit, along with their recommendations, a copy of the Stage I Plan and the bases for their recommendation.
b. The legislative body shall, within 45 days after receiving the recommendations of the Planning Commission, review said recommendations and take action to approve, or disapprove said MLU application. Such action may incorporate any conditions imposed by the Planning and Zoning Commission. However, should the legislative body take action to impose different conditions than were reviewed and considered the Planning Commission, then said conditions shall be resubmitted to the Planning Commission for further review and recommendation, in accordance with division C.1.a. Approval of the MLU Zone shall require that development be in conformance with the Stage I approved plan. The legislative body shall forward a copy of the approved plan to the Planning Commission for further processing, in accordance with the requirement for Stage II plan and record plat.
c. 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.
2. Stage II Plan and Record Plat: 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 § 9.20.B. and C., and submitted to the Planning Commission for its review and approval. Except for the manner of submission and processing, the subdivision regulations may be waived, where applicable, and the requirements of § 9.20.B. and C. shall be substituted therefore. Those requirements not specifically waived by the Planning Commission shall conform with the subdivision regulations.
a. The Planning Commission shall review the submitted Stage II plan with regard to its compliance with the required elements of § 9.20.B., for Stage II plans, other applicable elements of this appendix and other applicable regulations, and its conformity with the Stage I approved plan. The Planning Commission, in approving the Stage II plan, may authorize minor adjustments from the Stage I approved plan 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 recreation areas, or conflict with other applicable requirements of this section, for example, parking requirements.
b. Upon Planning Commission approval of the Stage II plan, a copy of said plan shall be forwarded to the city’s Zoning Administrator, who shall grant permits only in accordance with the Stage II approved plan and other regulations, as may be required.
c. Upon approval of the Stage II plan, the Planning Commission shall review the submitted record plat, if applicable, with regard to its compliance with the required elements of § 9.20.C. for record plats, the applicable requirements of the subdivision regulations and its conformance with the Stage II approved plan. Upon Planning Commission approval of the final plat, copies of said plat, certified by the Planning Commission, and suitable for recording shall be forwarded by the Planning Commission to the office of the county clerk to be recorded.
D. Permitted uses: one or more of the following uses may be permitted. Said uses shall be clearly delineated on the Stage I and II plans:
1. Offices.
2. Hotels and motels.
3. Restaurants, eating and drinking places, including entertainment facilities, excluding drive-ins.
4. Residential, including single-family attached and detached, two family, and multi-family.
5. Boat marinas and related uses.
6. Health clubs, swimming pools and related uses.
7. Convention center and related activities.
8. Retail and service uses:
a. Apparel shop, clothing store and tailor shop.
b. Art and art supplies.
c. Bakery and bakery goods store, provided the products are sold exclusively on the premises.
d. Banks and other financial institutions, including savings, loan and finance companies.
e. Book, stationery or gift shops.
f. Camera and photographic supplies.
g. Candy store, soda fountain, ice cream or yogurt store.
h. Drug store.
i. Florist shop.
j. Glass, china or pottery store.
k. Hobby shop.
l. Interior decorating studio, paint and wallpaper store.
m. Jewelry store, including repair.
n. Leather goods and luggage store.
o. Music, musical instruments, and records, tapes, compact discs and the like, including incidental repair.
p. Opticians, optometrists and optical goods.
q. Package liquor and wine store.
r. Shoe store with incidental shoe repair.
s. Sporting goods.
t. Toy store.
u. Delicatessen.
v. Dry cleaning and laundry pick-up station.
w. Food stores and supermarkets.
x. Furniture store.
y. Garden supplies.
z. Hardware store.
aa. Household and electric appliances, radio and television stores, including repair.
bb. Adult dancing establishments and adult entertainment establishments.
cc. Gun shops.
dd. Tattoo and body piercing establishments.
ee. Retail sales and services businesses not listed above, but which are determined by the Zoning Administrator to be of a similar use or activity in relation to the above permitted uses.
E. Accessory uses:
1. Customary accessory buildings and uses.
2. 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 permitted uses 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 advertising signs shall be visible from outside the area of the approved development:
a. Barber and beauty shops;
b. Health spas;
c. Studios for professional work or teaching of any form of fine arts, photography, music, drama, or dance; and
d. Swimming pools.
3. Mobile food vending vehicle as an accessory use to a permitted non-residential use.
F. Public and semi-public uses: public and semi-public structures 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 (nursery, elementary and secondary);
2. Churches;
3. Community centers, including day care facilities;
4. Country clubs;
5. Libraries;
6. Fire or police stations; and
7. Open space/recreation areas.
8. Governmental offices (including post office branch).
G. Area requirements:
1. No MLU Zone shall be permitted on less than five acres of land. However, an area of less than five acres may be zoned MLU provided it is adjacent to an area within an existing approved Stage I development plan and is currently zoned MLU.
2. The minimum area for submission of a Stage I development plan, within an existing MLU Zone, shall be not less than two acres. However, a Stage I development plan may be submitted for an area of less than two acres, provided it is adjacent to and extends the existing approved Stage I development plan and conforms to the requirements of the MLU Zone.
H. Access: access shall be provided to the site via a major arterial or collector street, as identified within the locally adopted Comprehensive Plan.
I. Height, yard and setback regulations: requirements shall be as approved in the plan.
K. Fences, walls and signs: the location, height, and type of all fences, walls, and signs shall be as approved in the plan.
L. Erosion and sedimentation control: effective erosion and sedimentation controls shall be planned and applied in accordance with § 9.8.
M. Open space/recreation area: at least 20% of the total acreage of the proposed MLU development shall be retained as open space or recreation areas. Such open space/recreation areas shall be physically situated so as to be readily accessible, available to, and usable by all activities within the MLU development. Open space and recreation areas shall be that part of the total project exclusive of parking areas, access drives and streets. At such time as the Stage II development plan for a particular development is submitted to the Planning Commission, notwithstanding § 10.18.C.2.a., open space requirements of less than 20% may be considered for development if: unusual topographic conditions exist, unique treatment of parking areas is provided for, and unique conditions and circumstances exist on or adjacent to the site.
N. Criteria: evaluation of the proposed development plan shall be based upon the following criteria:
1. Agreement with the various elements of the Comprehensive Plan and, where applicable, any KRS Chapter 99 approved urban renewal development plan.
2. Extent to which the proposed development plan is consistent with the purpose of the MLU Zone.
3. Adequacy of the proposed site, considering such factors as the sufficiency of the size of the site to comply with the established criteria, the configuration of the site, and the extent to which the site is formed by logical boundaries (based on topography, natural features, streets, relationship of adjacent uses, and so on).
4. Nature and extend of the proposed uses in relation to the unique characteristics of the site; the current or anticipated need for such use(s) and the specific size and locale of the market area from which the specific uses of the site will draw or serve.
5. Extend to which the proposed design, as indicated in the Stage I plan, is compatible and coordinated with the existing and/or proposed development contiguous to the site. Compatibility and coordination with existing and/or proposed development shall be reviewed in terms of intensity of land use type in relation into the general character of the surrounding areas, including coordination of vehicular and pedestrian circulation, the scale (i.e., height and mass of structures), of the proposed development; location of open spaces and size of setbacks; provisions of screening areas or utilization of natural features; the transition of land use types based on the proposed design; and the impact of the proposed development on adjacent uses, such as noise, visual impact, hours of operation, traffic circulation, and so on.
6. Amount of traffic that would be generated by the proposed operation and the ability of the existing highway system to adequately handle said traffic. Where deficiencies exist, proposed traffic improvements that would correct such deficiencies should be considered.
7. Extent to which the design of the internal street system provides for the efficient and safe movement of traffic within and adjacent to the site.
8. Extend to which all necessary public utilities and facilities are available to service the development, including police and fire protection, water and sewer services, and other services normally provided within the area. Where deficiencies exist, improvements that would correct such deficiencies should be considered.
O. Amendments: any amendments to plans, except for the minor adjustments which may be permitted by the Planning Commission, shall be made in accordance with the procedure required by division C.
P. 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 Planning Commission, 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 Planning Commission 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 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 I approved plan obsolete.
2. Substantial construction has not been initiated within a period of 24 consecutive months from the date of approval of the Stage II plan by the Planning Commission; 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 Stage II approved plan.
(Ord. 2017-6, passed 4-4-17; Am. Ord. 2017-5, passed 4-4-17; Am. Ord. 2021-15, passed 9-7-21)