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ZONING
(A) The Board of Commissioners, after adoption of at least the objectives of the land use plan elements, shall divide the territory within their area of jurisdiction into zones on an interim or permanent basis to promote public health, safety, morals and general welfare of the City, to facilitate orderly and harmonious development and the visual or historical character of the City and to regulate the density of population and intensity of land use in order to provide for adequate light and air.
(B) In addition, zoning may be employed to provide for vehicle parking and loading space, as well as to facilitate fire and police protection and to prevent the overcrowding of land, blight, danger and congestion in the circulation of people and commodities and the loss of life, health or property from fire, flood or other dangers.
(C) Zoning may also be employed to protect highways and other transportation facilities, public facilities, including schools and public grounds, historical districts, central business districts, natural resources and other specific areas of the City which need special protection by the City.
(1995 Code, § 2.60.150)
The Board of Commissioners shall exercise the power to zone through zoning regulations which shall contain:
(A) A text, which shall list the types of zones which may be used, and the regulations which may be imposed in each zone, which must be uniform throughout the zone.
(1) In addition, the text shall make provisions for the granting of dimensional variances, conditional use permits and for non-conforming use of land and structures and any other provisions which are necessary to implement the zoning regulation.
(2) The Board of Commissioners shall regulate:
(a) The activity on the land, including filling or excavation of land, the removal of natural resources and the use of water courses and other bodies of water, as well as land subject to flooding;
(b) The size, width, height, bulk, location of structures, buildings and signs;
(c) Minimum or maximum areas or percentages of areas, courts, yards or other open spaces or bodies of water which are to be left unoccupied and minimum distance requirements between buildings or other structures;
(d) Intensity of use and density of population floor area to ground area ratios or other means;
(e) Districts or special interest to the proper development of the community, including, but not limited to exclusive use districts, historical districts, planned business districts, renewal, rehabilitation and conservation districts; planned neighborhood and group housing districts;
(f) Fringe areas of each district, by imposing requirements which will make it compatible with neighboring districts; and
(g) The activities and structures on the land at or near major thoroughfares, their intersections and interchanges and transportation arteries, natural or artificial bodies of water, public buildings and public grounds, aircraft, helicopter, rocket and spacecraft facilities, places having unique interest or value, flood plain areas and other places having a special character or use affected by or affecting their surroundings.
(B) The text shall provide that the Board of Commissioners, as a condition to the granting of any zoning change, shall require the submission of a development plan, which, where agreed upon, shall be followed:
(1) As a further condition to the granting of a zoning change, the Board of Commissioners shall require that substantial construction be initiated within a certain period of time of not less than 1 year.
(2) The zoning change shall not revert to its original designation unless there has been a public hearing.
(C) A map, which shall show the boundaries of the area which is to be zoned, and the boundaries of each zone;
(D) Text provisions to the effect that land which is used solely for agricultural, farming, dairying, stock-raising or similar purposes shall have no regulations imposed as to building permits, certificates of occupancy, height, yard, location of courts requirements for agricultural buildings, except that:
(1) Setback lines may be required for the protection of existing and proposed streets and highways; and
(2) All buildings or structures in a designated floodway or flood plain or which tend to increase flood heights or obstruct the flow of flood waters shall be fully regulated.
(1995 Code, § 2.60.160)
(A) When the Commission has adopted the objectives and land use plan elements for the City, the Board of Commissioners shall pass zoning regulations.
(B) (1) The Commission shall prepare the text and map of all zoning regulations and shall hold at least one public hearing as required in KRS 424.
(2) The Commission shall submit it, along with their recommendation to the Board of Commissioners, for adoption or denial. A majority of the entire Board of Commissioners shall be required to pass a zoning regulation which contains any changes or departures from the zoning regulation as proposed by the Commission after the change has been referred to the Commission for its recommendation.
(C) The procedure for adoption of the zoning regulation shall be the same as for any other regulation or order; provided, however, that, notwithstanding publication requirements, the zoning regulation shall be published by stating the title and general description of the regulation and referring to the place within the City where a copy of the complete regulation may be examined without charge.
(1995 Code, § 2.60.170)
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