82.670 Overlay district regulations -- Other provisions in ordinance establishing

431 words·~2 min read·/ky/82-670

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district.

(1)A city establishing an overlay district under KRS 82.660, shall, in the ordinance that

creates the overlay district, delegate the responsibility for the administration of

overlay district regulations to a department or agency of the city, or to a nonprofit

corporation established by the city pursuant to KRS Chapter 58. Overlay district

regulations shall not conflict with the zoning regulations for the district and shall

not permit uses prohibited by underlying zoning regulations or prohibit uses

permitted by underlying zoning regulations. Overlay district regulations shall

supplement underlying zoning regulations by establishing additional design

standards, guidelines, and criteria for development within the district to preserve,

conserve, or protect the historical, cultural, architectural, aesthetic, or other

distinctive characteristics of the district.

(2)The ordinance establishing the district shall, in addition to the provisions of KRS

82.660, contain the following provisions:

(a)A requirement that the designated department or agency of the city, or KRS

Chapter 58 nonprofit corporation that has been delegated responsibility for

administration of overlay district regulations, shall establish a body to assist in

the review of design standards and development proposals that shall be

composed of persons possessing expertise in architecture, urban design, urban

planning, historic preservation, or other appropriate fields; and

(b)A procedure for the review of proposed development within the district that

shall provide for adequate notice, public hearings, and timely consideration of

applications.

(3)Any applicant denied a permit under KRS 82.660(4) shall have a right of appeal

from such written denial to the Circuit Court of the county in which the city is

located. The ordinance establishing the district may provide that any applicant shall

first appeal such written denial to the city legislative body and that the decision of

the city legislative body shall be the action appealable to the Circuit Court. The

appeal from the denial of the city legislative body shall be taken within thirty

days of the date of such written denial.

(4)Any city legislative body that creates an overlay district pursuant to KRS 82.660

shall hold a public hearing prior to adoption of the ordinance establishing the

district. Notice of the public hearing shall be published pursuant to KRS Chapter

424 and an owner of every parcel of property within the proposed district shall be

notified by first class mail. Records of the county property valuation administrator

may be relied upon to determine the identities and addresses of the property owners.

(5)The boundaries of an overlay district shall not be altered except by following the

same procedure required for the establishment of an overlay district.