(a) Who May Submit Applications. Applications for Development Permits will be accepted only from persons having the legal authority to take action in accordance with the permit. In general, this means that applications should be made by the owners or lessees of property, or their agents, or persons who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this UDO, or the agents of such persons (who may make application in the name of such owners, lessees, or contract vendees). City Development Staff may require an applicant to submit evidence of authority whenever there appears to be a reasonable basis for questioning this authority.
(b) Standard Application Forms. City Development Staff shall prepare and maintain application forms, instructional sheets, checklists, or other techniques or devices to assist applicants in understanding the application requirements and the form and type of information that must be submitted.
(c) Submission of Application. A completed application accompanied by the payment of the appropriate fees shall be submitted to the Zoning Inspector by filing a copy of the application with City Development Staff in the Planning and Development Department.
(d) Payment of Fees. City Council shall, by separate ordinance, establish a schedule of fees for subdivision approvals, development permits, amendments, appeals, variances, conditional use approvals, site plan approvals, and other procedures and services pertaining to the administration and enforcement of this Ordinance after considering the recommendations of City Development Staff with respect to actual administrative costs, both direct and indirect. The schedule of fees shall be posted in the Planning and Development office, and may be altered or amended only by the City Council.
(1) When special studies required. When the Planning Commission or Board of Zoning Appeals finds it necessary to maintain a strict record of public hearing procedures, or when the Commission or Board deems it necessary to cause special studies to be made, the applicant shall bear all direct and related costs.
(2) Fees required for complete application. Until all appropriate fees, charges, and expenses have been paid in full, no application, petition for amendment, appeal, or other submission requiring administrative approval shall be complete.
(e) Unless additional or alternative submission requirements are specified within this UDO for the proposed development, an application for a Development Permit shall generally include a Plot Plan, a Fence Plan, an Antenna Plan, and/or a Signage Plan, as applicable. Plans shall be submitted per table (1.).
(1) Plot plan required. Plot Plans shall be drawn to a scale that is appropriate for the development type and necessary to show required detail and shall be submitted in the following format showing the following information as the Zoning Inspector determines is applicable:
Number of Copies | Paper Size | Type of Development |
1 | 8-1/2" x 11" | For one- and two-family residential developments, fences, and satellite dishes |
1 | 8-1/2" x 11" | For all multi-family, commercial, or industrial developments, and signs |
4 | 2 ft. x 3 ft. | For all multi-family, commercial or industrial developments, and signs |
A. North arrow and scale of drawing.
B. Name, address and phone number of owner and/or applicant.
C. Address of site to be developed.
D. City lot or out lot number of site to be developed.
E. The intended use.
F. Exact dimensions of lot to be developed.
G. Streets adjacent to the site to be developed.
H. Existing easements for overhead or underground utilities or storm water on the site to be developed.
I. Front yard, side yard and rear yard setbacks.
J. Location, length, width and height of buildings and structures to be erected.
K. Square footage of all existing and proposed buildings.
L. The proposed number of rooms, dwelling units, occupants, employees and other uses.
M. The yard, open area and parking space dimensions.
N. Any other pertinent data as may be necessary to determine and provide for the enforcement of this Zoning Ordinance.
(2) Fence plan. A Development Permit application to construct or erect a fence at any location within the City shall require a Plot Plan drawing pursuant to Section 1131.04(e) which shows the exact location of the fence, and height, length and type of materials used in construction and the method of installation. In addition:
A. Written consent of the owner of the property on which the fence will be erected shall be required if not the same as the applicant.
B. If the fence is to be erected on a property line, written consent of the adjacent owners of property shall be required. Such consent shall indicate all conditions placed on their consent.
(3) Satellite dish antenna plan. A Development Permit application to construct or erect a dish antenna at any location within the City shall require a Plot Plan drawing of the lot pursuant to Section 1131.04(e) showing the position of the dish antenna in relation to nearby streets, property lines, buildings or other structures and overhead or underground utilities. A separate drawing showing the dimensions of the supporting structure, diameter of dish, materials used in construction, value of the antenna, method of installation and certification that the antenna has been designed to withstand a wind pressure of thirty (30) pounds per square foot shall be required. In addition, written consent of the owner of the property on which the antenna will be erected, if not the same as applicant.
(4) Cell/telecommunications tower plan.
A Development Permit Application for the construction of a new cell/telecommunications tower shall contain a drawing of the site in relation to nearby streets, property lines, buildings or other structures and overhead or underground utilities. A separate drawing showing the dimensions of the supporting structure and support elements, materials used in construction, fall zones, wind load calculations and any other information deemed necessary by the Louisville Planning Director or City Engineer. The Planning Commission may also require additional information during its review of proposed plans to construct a new cell/telecommunications tower. Improvements to existing cell/telecommunications towers that involve co-location of equipment or upgrades of existing equipment on an existing structure shall only require that drawings of equipment and fixtures be provided to the City to illustrate improvement plans.
(5) Signage plan. A Development Permit application for a sign shall contain, or have attached thereto, a Plot Plan pursuant to Section 1131.04(e) containing the following information:
A. The name, address and telephone number of the applicant and sign owner.
B. The name, address and telephone number of the erector.
C. The location of the building, structure or lot upon which the sign will be erected.
D. A drawing showing the position of the sign in relation to nearby streets, buildings and other signs or structures on the premises.
E. A drawing showing the dimensions, style, shape, color, graphics, copy, lighting and the product, use or service to be advertised.
F. A drawing showing the materials used in construction, method of installation and design of the sign and sign structure. If required by the Zoning Inspector the plans shall be sealed by a registered professional engineer or architect.
G. Written consent of the owner of the property on which the sign is to be erected.
H. Value of sign.
I. Other pertinent information required by the City to insure compliance with local ordinances.
(f) When Additional/Alternative Reviews Required. The following applications require additional or alternative administrative or legislative reviews by an administrative review board or commission and shall meet additional application submission requirements as defined in this UDO.
(1) Design review. If an application involves any exterior visual or material change to a structure in a Design Review District, including a change to an architectural feature or architectural period, design, texture, or material (but not ordinary maintenance of existing exterior features that involve repair or replacement of exactly the same feature, or repainting of exterior surfaces), then the application procedure defined in Chapter 1134 shall be followed in a manner consistent with applicable design review guidelines.
(3) Site plan review. If an application triggers Site Plan review and approval by the Planning Commission pursuant to Section 1132.01, then the application and procedural requirements of Chapter 1132 shall be followed in addition to or in lieu of the requirements of subsection (e), above, as determined by the Zoning Inspector.
(4) Subdivision review. All subdivisions of land, as defined herein, whether by instrument of conveyance or otherwise, shall comply with the application and review procedures of Section 1135 and shall be platted or otherwise divided, in accordance herewith prior to an application for a Development Permit.
(5) Appeals and variances. A written application for an area variance or an appeal of any order, requirement, decision, or determination made by the Zoning Inspector shall comply with the application requirements of Chapter 1136 in addition to or in lieu of the requirements of subsection (e), above, as determined by the Zoning Inspector.
(6) UDO amendment. An application for an amendment to the text of this Unified Development Ordinance and/or the Zoning Districts Map shall comply with the requirements of Chapter 1138 in addition to or in lieu of the requirements of subsection (e), above, as determined by the Zoning Inspector.
(g) Determination of Completeness. Within five (5) days after the receipt of an application, petition, or appeal, the Zoning Inspector shall make a determination of completeness and confer with the applicant to ensure understanding of the Zoning Inspector’s interpretation of the applicable requirements of this UDO, that the applicant has submitted all of the information intended to be submitted, and that the application represents precisely and completely what the applicant proposes to do.
(1) If the application is complete, the Zoning Inspector shall certify the determination of completeness on the face of the application and the application shall then be processed or forwarded to the relevant administrative review body.
(2) If the application is incomplete, the Zoning Inspector shall, within such five (5) day period, send the applicant a notice the application is incomplete together with a brief written statement of the specific ways in which the application is deficient, including appropriate references to the applicable sections of this UDO.
(h) Courtesy Notice of Potential Substantial Impact. Where the Planning Director determines that the development for which a Development Permit is requested may have substantial impact on surrounding properties, but administrative review pursuant to subsection (f) (When Additional Review Required), above, is not required, the Zoning Inspector may send a courtesy notice to those persons who have listed for taxation real property any portion of which is within one hundred fifty (150) feet of the lot that is the subject of the application, informing them that:
(1) An application has been filed for a permit authorizing identified property to be used in a specified way.
(2) All persons wishing to comment on the application should contact the Zoning Inspector by a certain date, and
(3) Persons wishing to be informed of the outcome of the application should send a written request for such notification to the Zoning Inspector. (Ord. 09-20. Passed 6-22-09; Ord. 17-03. Passed 1-23-17.)