Section 10.10 Pud (Planned Unit Development) Overlay Zone: Article X Zones 1 0 - 2 3

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Article X Zones 10-23

SECTION 10.10 PUD (PLANNED UNIT DEVELOPMENT) OVERLAY


ZONE

A. PURPOSE: The purposes of the Planned Unit Development (PUD) Overlay


Zone are to: promote flexibility in design and permit planned diversification in
the relationships between location of and types of uses and structures; promote
the advantages of modern large scale site planning for community development
through the efficient use of land, facilitating a more economic arrangement of
buildings, circulation systems, land uses, and utilities; preserve, to the greatest
extent possible, the existing landscape features and amenities, and to utilize
such features in an harmonious fashion; provide for more usable and suitably
located recreation facilities, other public and common facilities, than would
otherwise be provided under conventional land development procedures, but
always with the intention of furthering the public health, safety, and general
welfare.

B. GENERAL: A Planned Unit Development (PUD) Overlay Zone may only be


permitted to be superimposed over any of the Residential (R) Zones, provided
that all conditions or provisions of this section of the ordinance, the applicable
requirements of the subdivision regulations, and any additional requirements,
as may be determined necessary to provide for the most efficient layout of the
PUD and its proper integration with the surrounding development, are met; and
a public hearing is held on the PUD application.

C. APPLICATION AND PROCESSING: Applications for a Planned Unit


Development Overlay Zone shall be processed as follows in two stages:

1. Stage I -- Development Plan and Zoning Map Amendment - Application


for amendment to PUD Overlay Zone shall include a development plan in
accordance with the requirements of Section 9.20, A., Stage I Plan
Requirements.

a. The planning commission shall hold a public hearing on the


proposed application in accordance with the requirements of KRS
Chapter 424, and review said application with regard to its
compliance with the stated purposes of the PUD Overlay Zone, the
required elements of the Stage I Plan, and other applicable
requirements of this section. Upon holding such hearing, the
planning commission shall make one of the following
recommendations to the legislative body: approval, approval with
conditions, or disapproval. The planning commission shall submit,
along with their recommendations, a copy of the Stage I Plan and
the bases for their recommendation.

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Article X Zones 10-24

b. The legislative body shall, within forty-five (45) days after receiving
the recommendations of the planning commission, review said
recommendations and take action to approve or disapprove said
PUD application. Such action may incorporate any conditions
imposed by the planning commission. However, should the
legislative body take action to impose different conditions than
were reviewed and considered by the planning commission, then
said conditions shall be resubmitted to the planning commission
for further review and recommendation, in accordance with
Subsection C., 1., a., above. Approval of the PUD Overlay Zone
shall require that development be in conformance with the Stage I
approved plan.

The legislative body shall forward a copy of the approved plan to


the planning commission for further processing in accordance with
the requirement for Stage II Plan and record plat.

Zoning Map Amendment - Upon approval of the PUD Overlay


Zone, the official zoning map shall be amended by adding the
prefix "PUD" to the existing residential zone (e.g., PUD-R-1B,
PUD-R-1C, etc.) for the area as shown on the Stage I approved
plan.

2. Stage II - Plan and Record Plat - A Stage II Plan and Record Plat shall be
developed in conformance with the Stage I approved plan and in
accordance with the requirements of Section 9.20, B. and C., and
submitted to the planning commission for its review. Except for the
manner of submission and processing, the subdivision regulations may
be waived, where applicable, and the requirements of Section 9.20, B.
and C. shall be substituted therefore. Those requirements not
specifically waived by the planning commission shall conform with the
subdivision regulations.

a. The planning commission shall review the submitted Stage II Plan


with regard to its compliance with the required elements of Section
9.20, B., for Stage II plans, other applicable elements of this
ordinance, and other applicable regulations, and its conformity
with the Stage I approved plan. The planning commission, in
approving the Stage II plan, may authorize minor adjustments
from the Stage I approved plan, provided that the adjustments do
not: affect the spatial relationship of structures, change land uses,
increase overall density, alter circulation patterns (vehicular and

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Article X Zones 10-25

pedestrian) or decrease the amount and/or usability of open space


or recreation areas, or affect other applicable requirements of this
ordinance.

Upon planning commission approval of the Stage II Plan, a copy


of said plan shall be forwarded to the city's zoning administrator,
who shall grant permits only in accordance with the Stage II
approved plan and other regulations, as may be required by this
ordinance.

b. Upon approval of the Stage II Plan, the planning commission shall


review the submitted Record Plat with regard to its compliance
with the required elements of Section 9.20, C., for record plats, the
applicable requirements of the subdivision regulations, and its
conformance with the Stage II approved plan.

Upon planning commission approval of the record plat, copies of


said plat, certified by the planning commission, and suitable for
recording, shall be forwarded by the planning commission to the
office of the county clerk to be recorded.

D. RESIDENTIAL USES AND DENSITIES: All types of residential housing units


(attached or detached) may be permitted within a PUD Overlay Zone, including
but not limited to, single-family, two-family, and multi-family residential units.
The density of dwelling units in a PUD shall be determined by the density of the
existing residential (R) zone superimposed by the PUD Overlay Zone as
follows: Total acres of the divided by Minimum Lot Size of the underlying R
zone = Total Number of Dwelling Units. This density shall be applied to the total
area excluding that land devoted to commercial uses.

E. COMMERCIAL USES: Commercial uses, intended primarily for the service and
convenience of residents of the PUD, may be permitted within the project area,
provided a market analysis is made justifying the need for said uses.

These commercial uses shall be grouped in complexes clearly delineated on


the Stage I Plan, and may include one or more of the following uses:

1. Bakery shop
2. Banks
3. Beauty or barber shops
4. Business or professional office
5. Clothing store
6. Delicatessen, grocery, meat, fruit, or vegetable market;

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Article X Zones 10-26

7. Drug store
8. Hardware stores
9. Laundry/dry cleaning pick-up stations, or self-service facilities
10. Restaurants
11. Shoe repair shops

Another use may be substituted on the approved plan for a use previously
approved providing it is one of the above listed uses and providing said use will
not involve any building expansion beyond the approved plan and further
providing that said use is approved by the zoning administrator.

F. PUBLIC AND SEMI-PUBLIC USES: Public and semi-public structures and


uses may be permitted in the PUD. These uses shall be delineated on the plan
and shall be limited to one or more of the following uses:

1. Churches
2. Community centers, including day care facilities
3. Country clubs
4. Fire or police stations
5. Libraries
6. Open space/recreation areas
7. Schools (nursery, elementary, and secondary)

G. AREA REQUIREMENTS No PUD Overlay Zone shall be permitted on less than


twenty-five (25) acres of land. However, development of a smaller tract
adjacent to an existing PUD Overlay Zone may be permitted, if the proposed
development conforms to and extends the original development as if the new
area had been a part of the original development.

H. HEIGHT, YARD, AND SETBACK REQUIREMENTS: Requirements shall be as


approved in the plan.

I. OFF-STREET PARKING AND LOADING AND/OR UNLOADING: Off-street


parking and, when applicable, loading and/or unloading facilities, shall be
provided in accordance with Articles XI and XII of this ordinance.

J. FENCES, WALLS, AND SIGNS: The location, height, and type of all fences,
walls, and signs, shall be as approved in the plan.

K. EROSION AND SEDIMENTATION CONTROL: Effective erosion and


sedimentation controls shall be planned and applied in accordance with
Section 9.7 of this ordinance.

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Article X Zones 10-27

L. COMMON OPEN SPACE/RECREATION AREA: At least twenty percent (20%)


of the total acreage of the proposed PUD shall be retained as common open
space/recreation area, and dedicated to a public and/or private entity for
operation and maintenance. Such open space/recreation areas shall be
physically situated so as to be readily accessible, available to, and usable by all
residents of the PUD. Common open space/recreation areas shall be that part
of the total project exclusive of dwellings, streets, parking areas, single-family
lots, commercial areas, and other non-open space and non-recreationally
oriented facilities.

M. AMENDMENTS: Any amendments to plans, except for the minor adjustments


which may be permitted by the planning commission, shall be made in
accordance with the procedure required by this ordinance, subject to the same
limitations and requirements as those under which such plans were originally
approved.

N. EXPIRATION: Any amendment to the PUD Overlay Zone shall be subject to the
time constraints, as noted below. Upon expiration of said time period, and any
extensions thereto, the legislative body may initiate a request for a public
hearing by the planning commission, in accordance with the requirements of
KRS Chapter 100, for the purpose of determining whether said PUD Overlay
zone should revert to its original zoning designation. A public hearing may be
initiated if either of the following conditions apply:

1. Stage II Plan has not has not been approved by the planning
commission within a period of twenty-four (24) consecutive months from
the date of the Stage I approved plan and Overlay Zone amendment by
the legislative body; provided that an extension may be permitted upon
approval of the legislative body or their duly authorized representative if
sufficient proof can be demonstrate that prevailing conditions have not
changed appreciably to render the Stage I approved plan obsolete.

2. Substantial construction has not been initiated within a period of twelve


(12) consecutive months from the date of approval of the Stage II Plan by
the planning commission; provided that an extension may be permitted
upon approval of the legislative body, or its duly authorized
representative, if sufficient proof can be demonstrated that the
construction was delayed due to circumstances beyond the applicant's
control, and that prevailing conditions have not changed appreciably to
render the Stage I approved plan obsolete. The amount of construction
constituting initiating substantial construction shall be as approved in the
Stage II approved plan.

Villa Hills Zoning Ordinance January 1995 NKAPC

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