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The procedure for obtaining a Zoning Map Amendment to the B-6P zone shall be the same as provided in Article 6 hereinabove, in addition, as follows:
(a) Preliminary Development Plan Required. A preliminary development plan shall be submitted with the application for a Zoning Map Amendment, with the information as specified in Article 21; and, in addition, approximate total gross floor area of anticipated retail facilities; the approximate total gross floor area of anticipated office and service facilities; the approximate number of anticipated off-street parking spaces; and the stages which will be followed in the construction of the proposed commercial center.
(b) Final Development Plan Required.
(1) Within two (2) years of final approval by the Urban County Council of any B-6P Zoning Map Amendment, unless an extension is granted by the Commission, the applicant shall submit a final development plan to the Commission for its review and action; otherwise, an application to change the B-6P zone to its previous zone or other appropriate zone may be filed by the Commission as provided under Article 6 hereinabove.
(2) The final development plan shall show the information as specified by Article 21, Development Plans. The Commission shall approve, conditionally approve, or disapprove a final development plan within ninety (90) days after the applicant submits his development plan.
(c) Building Permit Required. No building permit shall be issued until a final development plan has been approved by the Commission and certified to the Division of Planning, after which a permit for construction may be issued by the Division of Building Inspection. The approved final development plan shall limit and control the issuance of all building and occupancy permits, and shall restrict the construction, location, and use of all land and structures to all conditions set forth in the plan. Amendments to the plan can be made only as permitted in Article 21, Development Plans.
(Code 1983, § 12-10; Ord. No. 263-83 , § 1, 12-15-1983; Ord. No. 172-86 , § 1, 8-28-1986; Ord. No. 153-87 , § 1, 7-9-1987; Ord. No. 122-2011 , § 20, 9-29-2011; Ord. No. 155-2013 , § 1, 12-10-2013; Ord. No. 166-2017 , § 6(12-10), 11-16-2017; Ord. No. 5-2018 , § 1(12-10), 2-8-2018)
Editor's note(s)—See the editor's note to § 12-4.
Notes
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Editor's note(s)—Ord. No. 153-89 , § 1, adopted Aug. 31, 1989, amended Art. 13 in its entirety, in effect repealing and reenacting said article to read as set out herein. The former Art. 13, §§ 13-1—13-9, pertained to similar subject matter and derived from Ord. No. 319-87 , §§ 1—9, adopted Dec. 30, 1987. Prior to the enactment of Ord. No. 319-87 , Art. 13 pertained to the Historic District (H-1) Zone. |
(a) Purpose. In order to promote the economic and general welfare of the people of Fayette County and of the general public, and to ensure the complementary, orderly and efficient growth and development of Fayette County, it is deemed essential by the Lexington-Fayette Urban County Council that the qualities relating to the history of the county and a harmonious outward appearance of structures which preserve property values and attract tourists and residents alike be preserved. It is the finding of the Lexington-Fayette Urban County Council that the individual nature and character of this county cannot be properly maintained or enhanced unless its distinctive historic districts, landmarks, sites, neighborhoods, areas, places, structures, improvements, geological and archaeological sites are preserved.
(b) Policies. The Lexington-Fayette Urban County Council hereby declares as a matter of public policy that the preservation, protection, perpetuation and use of historic districts, landmarks, sites, neighborhoods, areas, places, structures, improvements, and geological and archaeological sites having a special, unique, or distinctive character or a special historic, aesthetic, architectural, archaeological, geological or cultural significance or value and which serve as visible reminders of the history and heritage of this county, state or nation are public necessities. The protection of these is required in the interest of the economic wellbeing, prosperity, health, safety, and general welfare of the people.
(c) Goals. The goal of this Article is to effect the purpose and policy, as set forth in the above findings, and specifically, but not exclusively, to:
(1) Give such designations and to enact such regulations as are needed to protect against destruction, degradation, or encroachment upon historic districts, landmarks, sites, neighborhoods, areas, places, structures, improvements, and geological and archaeological sites having a special, unique or distinctive character or a special historic, aesthetic, architectural, archaeological, geological or cultural significance or value and which serve as visible reminders of the history and heritage of this county, state or nation;
(2) Encourage the use of existing buildings through adaptive rehabilitation so as to enhance the diversity and interest of the county, however, such encouragement shall not imply a particular zoning designation;
(3) Encourage construction which will lead to continuation, conservation and improvement in a manner appropriate to the preservation of the county's history and heritage as is embodied and reflected in such historic districts, landmarks, sites, neighborhoods, places, structures, improvements, areas, and geological and archaeological sites;
(4) Promote and strengthen the economy of the county by maintaining tourist attractions which serve as stimuli to business and industry;
(5) Prevent the creation of environmental influences adverse to such purposes;
(6) Ensure that continued new structures and alterations to existing structures within historic districts, sites, areas, neighborhoods, places, and geological and archaeological sites will be in keeping with the visual and aesthetic character to be preserved so as to stabilize and improve property values;
(7) Foster civic pride in the value of accomplishments of the past;
(8) Promote the educational, cultural, economic and general welfare of the people; and
(9) Meet requirements in order to qualify the Lexington-Fayette Urban County Government to be a Certified Local Government under the National Preservation Act.
(Code 1983, § 13-1; Ord. No. 153-89 , § 1, 8-31-1989)
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