CHAPTER 156:  ZONING CODE - Back to Top

Section

 General Provisions

 Zoning Code of Conduct

࿙ 156.01  ADOPTION BY REFERENCE. - Top of Zoning Code

 (A) (1)  The Development Code for all of Jefferson County, Kentucky, in effect as of May 1995 is hereby adopted by reference and incorporated into this code of ordinances as if fully set forth herein with the exceptions set forth in subsections (2) and (3) below.

  (2)  The following portions of the zoning regulations of the Development Code are excluded:

      a.  Signature entrances, fences and walls        (Section 9.1)

      b.  Adult entertainment activities       (Section 9.4)  

      c.  Innovative residential development       (Section 9.5)

      d.  Outdoor sales display and storage       (Section 9.7)

      e.  Definition (2) of Single Family Home       (Article 2)

      f.  Sign regulations (Article 11)

  (3)  The following sections of the zoning regulations of the Development Code are excluded in their entirety:

 R-3  Residential Single Family
 R-4  Residential Single Family
 R-5  Residential Single Family
 R-5A Residential Multi-Family
 R-5B Residential Two-Family
 R-6  Residential Multi-Family
 R-7  Residential Multi-Family
 R-8A Residential Multi-Family
 OR-2 Office Residential
 OR-3 Office Residential
 OTF Office Tourist Facility
 C-R Commercial Residential
 C-2  Commercial
 C-3  Commercial
 C-M Commercial Manufacturing
 EZ-1 Enterprise Zone
 M-1 Industrial
 M-2 Industrial
 M-3 Industrial
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 PRO Planned Research/Office
 PEC Planned Employment Center
 DRO Development Review Overlay
 W-1  Waterfront
 W-2  Waterfront
 W-3 Waterfront
 WRO  Waterfront Development Review Overlay
 CRO Corridor Review Overlay

  (4)  The seven zoning districts to be effective in the city are:
 R-R Rural Residential
 R-E  Rural Estate
 R-1  Single Family Residential
 R-2  Single Family Residential OR  Office Residential
 C-N Neighborhood Commercial
 C-1  Commercial

with the exceptions to each of these zoning districts as provided in this section.

  (5) (a) The standard floor area ratio of the R-E zoning regulation be reduced from 0.2 to 0.1 and the development option floor area ratio be reduced from .1 to .08 (Section 4.2C for Anchorage, Douglass Hills and Shively, paragraphs 4a and 8b).

   (b) The standard floor area ratio of the R-1 zoning regulation be reduced from 0.2 to 0.12 and the development option floor area ratio be reduced from 0.15 to 0.10 (Section 4.3C for unincorporated Jefferson County, Anchorage and Shively, paragraphs 4a and 8b).

   (c) The floor area ratio of the R-2 zoning regulation be reduced from 0.5 to 0.14 (Section 4.4C 4a).

   (d) The setback requirements for buildings in required rear yards be increased from five feet from the rear lot line to ten feet from the rear and side lot lines in R-1 and ten feet from the rear lot line and eight feet from the side lot line in R2 (Section 9.2, paragraph O).

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   (e) The minimum side yard requirement of the R-E zoning regulation be increased from 20 feet to 25 feet (Section 4.2C for Anchorage, Douglass Hills and Shively, paragraph 2b).

(Ord. 84-2, passed 6-25-84; Am. Ord. 87-5, passed 4-27-87; Am. Ord. 88-8, passed 112888; Am. Ord. 95-17, passed 10-2-95; Am. Ord. 9702, passed 3397; Am. Ord. 97-8, passed 6-9-97; Am. Ord. 97-15, passed 12-8-97; Am. Ord. 98-9, passed 12-7-98)

 (B) Copies of said zoning regulations are available for public inspection during normal hours at the office of the City Clerk.

࿙ 156.011  REQUIRED FRONT SETBACKS IN ESTABLISHED RESIDENTIAL AREAS.

Top of Zoning Code

 (A) For the purpose of this section, ESTABLISHED RESIDENTIAL AREA shall mean any side of a block (that portion of a street between two existing paved cross streets, or between a single cross street and a dead end) within an area of the city zoned R-E, R-1, or R-2, where, as of the effective date of this section, there are residential structures built upon at least 50% of the platted lots.

 (B) The required front setback for lots within established residential areas of the city shall be setback established for that zoning classification, or the front setback of the residential structure located closest to the street of the existing residential structures within the established residential area, whichever is the greatest distance.

 (C) The restrictions of this section shall apply to additions to existing residential structures as well as to new residential structures.

(Ord. 99-9, passed 7-22-99)

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࿙ 156.02  SETBACK LINES FOR ACCESSORY BUILDINGS. - Top of Zoning Code

 (A) For all existing lots within those areas of the city zoned RE, R1, and R2, on which there exists a  residential structure,  a front building limit shall be established for the individual lot by drawing a line parallel with the street in front of the lot, from sideline to sideline, at a distance from the street to be determined by the distance from the existing right-of-way, or pavement, whichever is of greater width, to that portion of the residential structure, including a garage, which is closest to the street.

 (B) For lots within those areas of the city zoned RE, R1, and R2, on which there is no existing structure, at such time as a single structure, including garage, which constitutes a residence, has been completed, in accordance with applicable zoning regulations, a front building limit shall be established for that lot by drawing a line parallel with the street in front of the lot from sideline to sideline, at a distance from the street to be determined by the distance from the existing rightofway or pavement, whichever is of greater width, to that portion of the structure which is closest to the street.

 (C) No accessory building or accessory space, as defined herein, shall be constructed if any portion of the accessory building or space extends toward the street and beyond the line described in divisions (A) and (B) of this section.

 (D) This section shall not be deemed to restrict the construction of an addition, other than accessory space, to an existing residence, which will be an integral part of the residence, and constructed as living space for the residents, but which will extend closer to the street than the original residence, and will remain within the front setback restrictions of the applicable zoning regulations.

 (E) For the purpose of this section the terms ACCESSORY  BUILDING  and  ACCESSORY  SPACE shall be defined as a subordinate building or portion of the main building, not used as living space for the residents, and the use of which is merely incidental to that of the main building.  The definition shall specifically include a garage.

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 (F) This section shall be read in conjunction with all appropriate zoning regulations and shall be deemed  to  not  be in  conflict  with  the  regulations where they are more restrictive, and be deemed to be supplemental to those regulations where this section is more restrictive.

 (G) The City Engineer and Building Inspector are hereby directed to not issue a zoning compliance certificate in conjunction with any application for a building permit which provides for the construction of any accessory building, which will be located closer to the street in front of the existing structure than is permitted by this section.

(Ord. 88-1, passed 1-25-88)  Penalty, see ࿙ 156.99 

࿙ 156.03  HEIGHT RESTRICTIONS FOR CERTAIN FENCES, WALLS OR SHRUBBERY

PLANTINGS. - Top of Zoning Code

 On all corner lots abutting on any street, no fence, wall, or shrubbery planting shall be permitted that is over three feet in height above the established elevation of the curb level, for a distance of 25 feet measured from the point of intersection of the intersecting lot lines and within the triangle formed by connecting the ends of the two 25-foot distances.

(Ord. 71-3, passed 9-20-71)  Penalty, see ࿙ 156.99

࿙ 156.04  VARIANCE PROCEDURE. - Top of Zoning Code

 (A) For all existing lots the use of which is constrained by ordinances the owner of the land can submit an application requesting a variance to the City Council.

 (B) The application must be in writing and include a detailed explanation as to the reasons for the request.

 (C) Upon receipt of an application for variance, the City Clerk shall set the time, place and date for a public hearing on the request.

 (D) Adjacent landowners must be notified of the application made by the requesting party and given a mechanism to  enunciate  any  grievances they  might

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have to the proposed request.  Such notification must be 14 days in advance of the hearing, by certified mail,  return receipt requested, to the owners of all property adjoining the property for which the variance is proposed.  It shall be the duty of the person or persons requesting the variance to furnish the Council the names and addresses of the, owners of all adjoining parties.

 (E) The notice shall include the, street address of the party in question, or if one is not available, a geographic description sufficient to locate and identify the property and the names of the two streets on either side of the property which intersect the street on which the property is located.  If the property is located at the intersection of two streets, the notice shall designate the intersection by name of both streets rather than name the two streets on either side of the property.  The notice shall also include the time, place and date of the hearing.

 (F) Public notice must also be given.  The notice of the hearing shall be posted conspicuously on the property for 14 consecutive days immediately prior to the hearing.  The posting should include the time, place and date of the hearing in letters at least one-inch in height.  The sign shall be constructed of durable material and shall state the telephone number of the City Clerk.

 (G) The Council shall hold a public hearing on all proposed variances.  The public hearing shall consider the appropriateness of the proposed variance and the appropriateness of the development plan for the site in question.

 (H) The following are the criteria the Council must consider in deciding whether a variance is justified and that which needs to be proven by the applicant:

  (1) The requested variance arises from special circumstances which do not generally apply to land in the general vicinity or in the same zone.

  (2) The strict application of the provisions of the ordinance would deprive the applicant of a reasonable use of the land or would create an unnecessary hardship on the applicant.

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  (3) Such special circumstances are not the result of actions of the applicant taken subsequent to the adoption of the ordinance.

  (4) Reasons that the variance will not adversely affect the public health, safety and welfare and will not alter the essential character of the general vicinity, and will not cause a hazard or a nuisance to the public.

 (I) The Council may impose conditions or restrictions on any variance it decides to grant.  The variance shall comply as nearly as possible in every respect with the spirit of the ordinance.

 (J) The granting or denial of a variance is completely discretionary.

 (K) The variance applies to the property for which it is granted and not to the individual who applied for it.  A variance runs with the land and is transferable to any future owner of the land, but it cannot be transferred by the applicant to a different site.

 (L) Variances shall be granted only as to the dimensional restrictions of an ordinance.  No variance shall entirely relieve the applicant from compliance with an ordinance.

 (M) The Council shall not possess the power to grant a variance to permit a use of any land, building or structure which is not permitted by the zoning regulation in the zone in question, or to alter density requirements in the zone in question.  The variance power of the Council is only as to ordinances enacted by the city which constitute restrictions over and above the zoning regulations promulgated by the Louisville and Jefferson County Planning Commission.

(Ord. 88-7, passed 7-25-88)  Penalty, see ࿙ 156.99

࿙ 156.05  ACCESSORY SPACE. - Top of Zoning Code

 No accessory space shall be used for the stabling or housing of livestock or poultry if the accessory space is located within 75 feet of any property line.

(Ord. 97-10, passed 7-14-97)  Penalty, see ࿙ 156.99(B).

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 ZONING CODE OF CONDUCT

࿙ 156.15  ENTRIES IN DOCKET BOOK. - Top of Zoning Code

 (A) Promptly upon receipt by the City Clerk of the minutes forwarded by the Planning Commission with respect to its initial recommendations or revised recommendations concerning any zoning matters, the City Clerk shall make entries into a docket book to be kept by the City Clerk for zoning matters only.  The entries shall be made as the matter progresses and shall show:

  (1) The name of the applicant and the Planning Commission docket number.

  (2) The date the minutes were received.

  (3) The date that a copy of the Planning Commission's minutes was sent to each member of the City Council, the Mayor and the City Attorney.

  (4) A brief description of the location of the property.

  (5) All subsequent proceedings.

 (B) Upon receipt of the minutes, the City Clerk shall place the matter for the first call at the next regular meeting of the city, and shall give not less than five days' notice, by mail, of the receipt of the minutes and the time and date of the first calling of the matter.  Such notice shall be given to the applicant, the Planning Commission, all lawyers of record, and all parties who spoke at the public hearing before the Planning Commission, as shown by the minutes.

(Ord. 84-10, passed 7-23-84)

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࿙ 156.16  ACTION TAKEN DURING ZONING PROCEEDING. - Top of Zoning Code

 During the course of a zoning proceeding, the following action may be taken:

 (A) Any party may file written motions including a motion for filing additional evidence, with the City Clerk at least three days before the first call of the case.

 (B) The city may upon a showing of exception or compelling circumstances determine that it will hold another hearing and fix a time and date for such hearing.

 (C) The city may return the matter to the Planning Commission.

(Ord. 84-10, passed 7-23-84)

࿙ 156.17  NOTIFICATION OF INTERESTED PERSONS. - Top of Zoning Code

 After any action in the matter has been taken, the City Clerk shall so notify the Planning Commission, the applicant, all attorneys of record, and all interested persons of record.

(Ord. 84-10, passed 7-23-84)

࿙ 156.18  RETURN OF MATTER TO PLANNING COMMISSION. - Top of Zoning Code

 In the event the city returns the matter to the Planning Commission for further study, it shall set forth in writing the specific reasons for returning the matter to the Planning Commission and shall advise the Planning Commission concerning the type of further action which it desires the Commission to take, specifying the time within which it shall resubmit the matter to the city with the further report.  The Planning Commission may be granted additional time for good cause within which it shall return its further recommendations.  The matter shall then proceed as the city directs.

(Ord. 84-10, passed 7-23-84)

࿙ 156.19  POSSIBLE DECISIONS OF CITY. - Top of Zoning Code

 The city may approve the proposed change, partially approve and partially reject, reject the proposed change, or return the proposal to the Planning Commission for further action.  The decision of the city shall be mailed or delivered to the persons notified in ࿙ 156.17 within ten days after the minutes of the city are approved.

(Ord. 84-10, passed 7-23-84)

࿙ 156.20  ATTORNEYS; RULES OF CIVIL PROCEDURE. - Top of Zoning Code

 Attorneys practicing zoning matters shall follow the Kentucky Rules of Civil Procedure.  The Council may require the same procedure of others.  The City Attorney and the attorney for the Planning Commission shall be attorneys of record.

(Ord. 84-10, passed 7-23-84)

࿙ 156.21  MOTION FOR RECONSIDERATION OR REHEARING. - Top of Zoning Code

 Any party of record may submit a motion to the city for reconsideration or rehearing within ten days after the date of the meeting the City Council at which a resolution was adopted denying in whole or in part the requested zoning change, or after the meeting of the City Council at which the introduction and first reading of the ordinance approving the zoning change was held.

(Ord. 84-10, passed 7-23-84)

࿙ 156.22  TIME LIMIT FOR ACTION BY CITY. - Top of Zoning Code

 Final action by the city in every zoning case shall be voted within six months of receipt from the Planning Commission.  The Clerk shall automatically place any pending zoning case on the docket of the last city meeting before the six-month period expires.  No such pending case may be further delayed, except with the concurring vote of a majority of the entire City Council, including the Mayor.

(Ord. 84-10, passed 7-23-84)  Penalty, see ࿙ 156.99

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࿙ 156.23  ORDER OF BUSINESS. - Top of Zoning Code

 (A) Call to order by the presiding officer.

 (B) Reading of the minutes of the Special Zoning Meeting, unless dispensed with by the city and approved.

 (C) Old business and matters deferred by past action.

 (D) New zoning matters to come before the city.

(Ord. 84-10, passed 7-23-84)

࿙ 156.24  BASIS FOR DECISIONS; EVIDENCE. - Top of Zoning Code

 (A) Decisions shall be based on the Planning Commission public record, the staff report of the Planning Commission, the arguments at the Planning Commission public hearing, any motions and determinations made thereon, any additional evidence made a part of the official record of the city and any public hearings held by the city.  A majority vote of the entire City Council shall be required to override the recommendations of the Planning Commission.  It will be the responsibility of the applicant to provide the city with a transcript of any necessary Planning Commission public hearings.

 (B) (1) No additional evidence in the form of exhibits, petitions, letters, personal contacts or otherwise shall be considered by the city in reaching a decision on any zoning matter unless such additional evidence is made a part of the official record pursuant to order of the city and after all interested parties have been afforded an opportunity to rebut such additional evidence. Such additional evidence shall not be made a part of the record unless the motion is supported by a void reason why such evidence was not presented at the Planning Commission public hearing.

  (2) Any additional evidence as described above received by the city shall be filed with the City Clerk.  Such evidence shall be available for inspection and may be made a part of the official record upon motion and order.

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 (C) Personal contacts with interested parties which tend to exert pressure or influence in zoning cases pending before the city shall be avoided by members of the city government.

 (D) Nothing in this section shall preclude the Mayor or Council members from making a personal inspection of the site.

(Ord. 84-10, passed 7-23-84)  Penalty, see ࿙ 156.99

࿙ 156.99  PENALTY. - Top of Zoning Code

 (A) Any person who violates any provision of this chapter shall be guilty of a misdemeanor and shall be subject to a fine of up to $500, imprisonment for up to 30 days, or both such fine and imprisonment.

 (B) Violation of ࿙ 156.05 shall be punishable by a fine of not less than $10 nor more than $50 for each offense, and each and every day of such violation shall constitute a separate offense and shall be punishable as such.  (Ord. 97-10, passed 7-14-97)

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