2013 Kentucky Revised Statutes CHAPTER 82 - GENERAL PROVISIONS APPLICABLE TO CITIES 82.670 Overlay district regulations -- Other provisions in ordinance establishing district.
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82.670 Overlay district regulations -- Other provisions in ordinance
establishing district.
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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.
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.
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 (30) days of the date of such written denial.
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.
The boundaries of an overlay district shall not be altered except by following
the same procedure required for the establishment of an overlay district.
Effective:July 13, 1990
History: Created 1990 Ky. Acts ch. 479, sec. 3, effective July 13, 1990.
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