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The following regulations shall apply in all areas hereafter designated as Planned-Development Districts.
(A) Uses permitted. The following uses are permitted in Planned-Development Districts:
(1) Planned residential subdivisions.
(2) Planned commercial subdivisions including shopping malls, shopping centers, or other retail or wholesale commercial activities of similar density or complexity.
(3) Planned light or heavy industrial subdivisions or industrial parks.
(B) Conditional uses. The following uses shall be permitted as conditional uses in this district: Those conditional uses permitted for similar districts by this chapter, subject to approval of the Planning Commission. For example, residential district conditional uses for planned residential development projects. In addition thereto, any activity constituting a prohibited use within the provisions of division (I) below may be allowed as a conditional use, on a temporary basis only, if essential to the implementation of the planned development project. Uses not permitted within the overall district in which the Planned-Development project is located shall not be permitted in the Planned-Development project within such district.
(C) A planned-development project may be allowed in those zoning districts where it is designated as a permitted use under the zoning district regulations or may be permitted in any district after an amendment to the zoning map. A minimum of three acres is required for a planned-development project. A planned-development project may be under single or divided ownership. The uses of premises and development densities in a planned-development project shall conform with the permitted uses and densities of the zoning district in which it is located when it is permitted. If a planned-development project is proposed which includes uses or densities that are not permitted in any zoning district, the project may be permitted after approval by the Planning Commission.
(D) When a planned-development project is proposed, the procedure for subdivision approval as set forth in Chapter 155 shall be followed in its entirety even though the ownership of land may not be divided. A preliminary plat and final plat, both approved by the Planning Commission, shall be required for every planned-development project. The Planning Commission may establish a schedule of fees to be charged for plat review. The project shall be developed according to the approved final plat. Building permits and certificates of occupancy shall be required for each building according to §§ 157.101 and 157.102 respectively.
(E) The initial final plat of a planned-development project shall comprise at least four acres and shall show the proposed design for development and use of that entire project area. A project may thereafter be expanded on adjacent land according to the planned- development or subdivision procedure, as applicable, with no minimum acreage requirement, provided the expansion is for the same principal use as the initial four-acre development and may be incorporated as an integral extension of the original plan. The effect of a planned- development project on surrounding uses and the recommendations of all officially adopted plans shall be considered in determining the approval or disapproval of a project.
(F) When a tract of land of less than four acres is under one ownership and that owner has owned no adjoining land at any time since the effective date of this chapter, the tract may be platted as a planned-development project or subdivision if, in the judgment of the Planning Commission, the development will not be harmful to surrounding property, the applicable plan or plans of this area, and the intent of this chapter.
(G) Dimension and area regulations. The regulations on the dimensions and area for lots and structures are set forth in the schedule of dimension and area regulations contained in the appendix to this chapter. The applicable regulations shall be observed in all planned-development districts, according to the type of development in the planned-development district. Although it is permissible to depart from literal conformance with the individual lot dimension and area regulations, there shall be no diminution of total equivalent lot area, parking area, or loading and unloading area requirements that would be necessary for the equivalent amount of individual lot development. However, the Planning Commission may allow reductions in these requirements if the developer can satisfactorily prove that large-scale development may permit these reductions without destroying the intent of these regulations.
(H) The Planning Commission shall attach reasonable special conditions to ensure that there shall be no departure from the intent of this zoning code. The planned-development project shall conform with all of these conditions. Because a planned-development project is inherently more complex than individual lot development and because each project must be tailored to the topography and neighboring uses, the standards for these projects cannot be inflexible. The Planning Commission shall attach special conditions based on the following standards in addition to imposing the standards for total area, parking area, and loading and unloading area. The Planning Commission may also attach any other reasonable special conditions.
(1) The Planning Commission shall require the dedication or reservation of right-of-way, as authorized by Chapter 155, to provide access to interior land in planned-development districts. All access to arterial streets serving planned-development districts shall be approved according to the following standards. It is desirable that access points to all arterial streets shall be located no more frequently than once every one eighth to one quarter of a mile. The Planning Commission may approve the platting of temporary access points in conformance with § 157.005.
(2) Wherever there is an abrupt change in uses, such as from residential use to commercial use, it is desirable that a buffer area of open space or protective planting be placed between the uses which will protect each use from the undesirable effects of the other.
(3) Parking and other public areas used at night shall be adequately lighted, and private areas shall be adequately protected from this lighting and any other lighting from public areas. Public streets may also require protection from excessive glare from lighted areas.
(I) Uses prohibited. Uses which, in the opinion of the Board of Zoning Adjustment, would be detrimental to the character and use of the property as a planned-development district such as commercial or industrial development within a planned residential development or residential or commercial development within a planned industrial development. In cases of a planned residential R-1, R-2, or R-3 or planned commercial B-1, B-2, or B-3 development, uses prohibited shall include specifically but not be limited to:
(1) Any manufacturing or processing establishment that creates excessive dust, smoke, noise, or offensive odor outside the lot on which it is located and which employs more than ten persons, including the owner or operator; or
(2) Any on-site activity for the exploration or development of oil, natural gas, coal, or other minerals such as drilling, storage, mining (surface, auger, pit, underground, or in-situ), blasting, loading, or transporting of oil, gas, coal, or other minerals except over or through roads forming a part of the official state coal road system approved by the Kentucky Transportation Cabinet pursuant to KRS 42.455(7) or pipelines used for interstate transmission of gas if such pipelines are lawfully pre-existing as of the effective date of Ord. 88-6 or located in the future within federal, state, or city rights-of-way.
(Ord. 920.1, passed - - ; Am. Ord. 88-6, passed 5-17-88; Am. Ord. 2007-6, passed 2-5-07) Penalty, see § 157.999