In this section:
Guide to Rezoning
Zoning
Districts
For a copy of the Development Code
The Re-zoning Process
Summary
Docket Information
Zoning Enforcement
Zoning Violations and Environmental
Nuisance
Binding Elements
Reporting Violations
Binding Element Ordinance
Binding Element Enforcement Process
Zoning Enforcement Officer
Board of Zoning Adjustment
What does BOZA do?
Kentucky Revised Statutes Chapter 100
Variances
Conditional Use Permits
Appeals or Administration Reviews
Non-Conforming Uses
How BOZA operates
Meetings
Dockets
Notification
Variances without Public Hearings
Board Members
Hearing Procedures
Staff
Guide to Standard Major Subdivisions
Standard Subdivision Process
An Introduction to Cornerstone 2020
The Impetus for a New Comprehensive
Plan
The Development of the Cornerstone 2020
Comprehensive Plan
Cornerstone 2020 Statutory Requirements
Plan Elements
The Comprehensive Plan
Who Developed Cornerstone 2020
How does Cornerstone 2020 differ from
the 1979 Plan?
What is the “Two-Tiered Approach” in
Cornerstone 2020?
What is the basic idea behind Form
Districts in Cornerstone 2020?
How will the Zoning District Tier and
the Form District Tier be used
in the development decisions?
Guide to Small Area Plans
Small Area Plan Process and the Role of
Neighborhood Groups
Summary
Overview
Jefferson
County Planning and Development Services (PDS) is a County agency. The division
acts as staff for the Louisville and Jefferson County Planning Commission, the
Louisville Board of Zoning Adjustment, and the Jefferson County Board of Zoning
Adjustment. The Planning Commission is charged by statute with administering
zoning and subdivision regulations and preparing a comprehensive plan to serve
as a guide for development of public and private property. The Boards of Zoning
Adjustment (BOZA) are authorized by Kentucky Revised Statutes Chapter 100 to
hear and decide on applications for conditional use permits (which allow the
integration of certain uses into the community), variances from the zoning
regulations, and appeals of official action, order, or decision by zoning
enforcement officers.
PDS
is divided into five sections with varying responsibilities. The Development
Services Section is responsible for rezonings, major and minor subdivisions,
street/alley closures, record plats, community facility reviews, landscape and
tree preservation, the customer service counter, parking waivers and detail
development plans. Planning Services focuses on the comprehensive plan
(Cornerstone 2020), the land development code, small area studies, and the
bicycle and pedestrian plan. Compliance Services is responsible for conditional
use permits, variances and appeals, cell towers, zoning enforcement and
inspections, and tree preservation and landscape inspections. There is also an
E-911 Section that maintains emergency response data and an Information Support
Section that handles addressing issues, mapping support and LOJIC maintenance.
PDS
staff accept applications for various development proposals, provide research
and site inspections, perform technical reviews, provide analysis of proposal
conformance with the comprehensive plan, advertise zoning changes, and compile
staff reports for all zoning, subdivision, and BOZA cases. The Planning
Commission holds public hearings, makes recommendations on zoning matters, and
approves subdivisions. The Boards of Zoning Adjustment hold public hearings and
make decisions regarding conditional use permits and variances to the zoning
regulations. Conditional uses and variances associated with subdivisions and
rezonings may be heard and decided by the Planning Commission.
Requests
for zoning changes are researched and reviewed by PDS staff. The Commission
holds a hearing and votes to recommend approval or denial to the proper
legislative body. Authority for final approval or denial rests with the proper
legislative body: with the Louisville Board of Aldermen on property within the
Louisville city limits; with Jefferson County Fiscal Court on property inside
the county but outside the city of Louisville and the city limits of the
county’s twelve second, third, and fourth-class cities; and with the city
councils of the following second, third and fourth-class cities on property
within their boundaries—Anchorage, Douglass Hills, Graymoor-Devondale,
Hurstbourne, Indian Hills, Jeffersontown, Lyndon, Middletown, Prospect,
Shively, St. Regis Park, and St. Matthews. Decisions by the legislative bodies
may be appealed to the courts.
The
Planning Commission has delegated standard major subdivisions (those not
requiring a change in zoning and that comply with the subdivision regulations)
to staff for approval. An advisory body, the Technical Review Committee, which
identifies, negotiates and resolves technical issues and conflicting agency
requirements, reviews subdivisions. A public hearing is not required but
waivers, appeals, and petitions are reviewed and decided by the Land
Development and Transportation Committee of the Planning Commission.
The Planning Commission has 10 members. Six of the members
are citizens appointed to staggered three-year terms: three are residents of
the county outside the city limits appointed by the Jefferson County
Judge/Executive, and three are city residents appointed by the Mayor of the
city of Louisville. KRS 100.137 also requires that three of the six citizen
appointees have no direct financial interest in the land development and
construction industry. The public works director of the City and the County
road engineer, as well as the County Judge/Executive and the Mayor (or their
designees), are statutory ex-officio voting members of the Commission. The
Commission holds two or three public hearings per month.
The Louisville BOZA has five citizen members,
appointed by the Mayor. The Jefferson County BOZA has seven citizen members,
appointed by the County Judge/Executive. All members are appointed to staggered
four-year terms. Each board holds two public hearings per month.
The meeting location for the Louisville and Jefferson County Planning Commission and the Land Development and Transportation Committee is the Courtroom of the Old Jail Building, 514 W. Liberty Street. The regularly scheduled meeting time is 1 p.m.
The Jefferson
County Development Code is available in compact disk format. The CD may be
purchased from the Customer Service counter of Planning and Development
Services for a nominal fee.
The Neighborhood Notification Program, which has been
notifying registered community groups of rezoning and subdivision proposals in
their respective areas since 1997, has been expanded. In addition to rezoning
and subdivision proposals, notice is now also sent when applications are
submitted for conditional use permits and variances. Notices of appeals to the
Boards of Zoning Adjustment are also sent to registered neighborhood and
community groups. To register your neighborhood or community group, contact
Planning and Development Services at (502) 574-8198.
The Bicycle and Pedestrian Program is a federally
funded grant program operating in Planning and Development Services. This
program is working to improve walking and bicycling in the regional metropolitan
area. For information on the program, call (502) 574-8198.
Environmental
Trust
The Jefferson County Environmental Trust assists
landowners with land conservation options. The Trust is run by a nine member
board. For an informational brochure about the Environmental Trust, which is
staffed by Planning and Development Services, call (502) 574-8198.
The Louisville and Jefferson County Information
Consortium (LOJIC) web site (www.lojic.org)
includes zoning information on specific addresses. In order to find the zoning
district for a parcel of land on this web site, click on Application and Date
Explanations, then Interactive Maps, and then Standard Information Map. Click
the “zoom to an address” icon, type in the address of the site, and the site
will appear on the screen in a color that matches one of the zoning district
color keys. The specific zone can then be found by clicking on the ‘i’ icon.
Planning and Development Services information can be found on the Jefferson County Web Site (www.co.jefferson.ky.us). From the home page, click on Departments, then Planning and Development Services. Information about the division is found at this site, and links provide current dockets for the Planning Commission, Land Development and Transportation Committee, and the Boards of Zoning Adjustment. In addition to dockets, links also provide updates on area plans as well as information on other division activities.
For additional information, you can also contact the Jefferson County Planning and Development Services at this address:
531 Court Place, Suite 900
Louisville, Kentucky 40202
The office telephone is (502) 574-6230. Fax (502) 574-8129.
All property in Jefferson County is assigned a zoning district. Rezoning is the process of reclassifying a property into a different zoning district in order to allow a different use or density than is allowed under the property’s current zoning. Applications for rezoning, filed by a property owner or developer acting on behalf of the owner, are processed by Planning and Development Services
Zoning Districts
Per the Development Code, Articles 4 through 7, zoning
categories are as follows:
|
District |
Maximum dwelling units* |
|
|
R-R, Rural Residential |
1.00 dwelling per 5
acres |
|
|
R-E, Residential Estate |
1.08 dwellings per
acre |
|
|
R-l, Residential
Single Family |
1.08 dwellings per
acre |
|
|
R-2, Residential
Single Family |
2.17 dwellings per
acre |
|
|
R-3, Residential
Single Family |
3.63 dwellings per
acre |
|
|
R-4, Residential
Single Family |
4.84 dwellings per
acre |
|
|
R-5, Residential
Single Family |
7.26 dwellings per
acre |
|
|
U-N, Urban
Neighborhood |
17.42 dwellings per
acre |
|
|
R-5A, Residential
Multi-Family |
12.01 dwellings per
acre |
|
|
R-5B, Residential
Two-Family |
2 dwellings per lot |
|
|
R-6, Residential
Multi-Family |
17.42 dwellings per
acre |
|
|
R-7, Residential
Multi-Family |
34.8 dwellings per
acre |
|
|
R-8A, Residential
Multi-Family |
58.08 dwellings per
acre |
|
|
OR,
Office/Residential |
12 dwellings per
acre |
|
|
OR-1, Office
Residential |
34.84 dwellings per
acre |
|
|
OR-2, Office/Residential |
58.08 dwellings per
acre |
|
|
OR-3,
Office/Residential |
435 units per acre |
|
|
OTF, Office/Tourist
Facility |
435 units per acre |
|
|
C-N, Neighborhood
Commercial |
17.42 dwellings per
acre |
|
|
C-R Commercial
Residential |
34.8 dwellings per
acre |
|
|
C-I, Commercial |
34.84 dwellings per acre |
|
|
C-2, Commercial |
435 units per acre |
|
|
C-3, Central
Business |
435 units per acre |
|
|
C-M, Commercial
Manufacturing |
5.0 FAR** |
|
|
EZ-1, Enterprise
Zone |
5.0 FAR |
|
District |
Maximum dwelling units*
|
|
|
M-l, Industrial |
2.0 FAR |
|
|
M-2, industrial |
3.0 FAR |
|
|
M-3, Industrial |
4.0 FAR |
|
|
PRO, Planned
Research/Office |
0.5 FAR and no more than 35% of the lot covered by structures |
|
|
PEC, Planned Employment
Center |
1.0 FAR and no more
than 50% of lot covered by structures |
|
|
DRO, Development
Review Overlay |
Not applicable |
|
|
W-I, Waterfront |
435 units per acre |
|
|
W-2, Waterfront |
435 units per acre |
|
|
W-3, Waterfront |
None |
|
|
WRO. Waterfront
Development Review Overlay |
Not applicable |
|
|
CRO, Corridor Review Overlay (Louisville only) |
Not applicable
|
|
|
PVD, Planned
Village Development (Unincorporated County Only) |
5 dwellings per
net acre (plus density bonus)
|
|
*The numbers listed for maximum allowable dwellings per acre apply to unincorporated Jefferson County. Incorporated cities (example, Anchorage, Shively, Douglass Hills) may have adopted other standards for minimum lot size or maximum density. Some zoning districts only apply to the city of Louisville. The Development Code contains complete standards for each zoning district.
**Floor Area Ratio – the total floor area of all buildings on a lot, divided by the square footage of the lot. Total floor area includes the sum of the area of all stories of a building but does not include attic and basement space, garages or porches.
The zoning district assigned to most undeveloped land in Jefferson County is R-4. The Development Code goes into great detail about dwelling sizes, permitted uses, conditional uses, lot dimensions, yard requirements, and building heights and should be studied closely in reviewing any rezoning proposals. Other articles address fences, setbacks, parking, signs, and landscaping and buffering. By studying the Development Code, you can determine what standards to expect of a specific proposal and decide if those standards are acceptable to you and your neighbors.
A copy of the Development Code is
available on Jefferson County’s website at www.co.jefferson.ky.us, or can be
purchased from Jefferson County Planning and Development Services:
531
Court Place, Suite 900
Louisville, Kentucky 40202-3396
The phone number is (502) 574-6230 and the fax number is (502) 574-8129.
The Rezoning Process
There are 7 steps in the rezoning process:
1) Meeting with
Owner/Developer
2) Pre-application
Plan
3) Formal filing
of rezoning application
4) Site
inspection
5) Land
Development and Transportation Committee (LD&T) review
6) The Public
Hearing
7) Legislative
body (Board of Aldermen, Fiscal Court, 2nd, 3rd and 4th
Class Cities) action
1) Meeting
with Owner/Developer - While it is not required, more and more
owners/developers are seeing the wisdom of meeting with adjoining property
owners, neighborhood groups, and other interested parties to address their
concerns and to gauge community support or opposition before filing a rezoning
application. Such meetings are usually
scheduled and run by the owner/developer in a local church or meeting room. You
may want to notify other interested neighbors and your local neighborhood
association when you become aware that a meeting is being held. It is important that as many people as
possible attend the meeting so that everyone gets the same information and can
share their questions and concerns.
Before the meeting, do your homework. Ideally, the owner/developer has
given you some idea of what zoning category he wants to apply for and what use
he has in mind. Review the Development Code so that you know what the standards
are for that zoning category. Think about the surrounding properties and
current and future developments in the general area. Then consider the
following questions:
1. Does this proposal “fit” the area in
terms of density and quality?
2. Are the proposed uses needed and
welcomed by the neighborhood?
3. Is the developer experienced at these
kinds of projects?
4. Are your roads sufficient to handle
the additional traffic?
5. Is the tract subject
to flooding or causing flooding downstream if developed?
6. Pretend you own the property proposed
for development. What feedback from the neighbors would be useful for you?
When you attend the meeting, listen to the owner/developer’s presentation and compare it to your thoughts about the questions above. Remember that this is a very early stage, and the developer should be able to give you general outlines, but may not yet have definitive answers because the proposal will be reviewed by several agencies (e.g., MSD and the Highway Department) who will make their own recommendations and changes. It is wise to circulate a mailing list at the meeting and supply a copy to your neighborhood association and the developer so that all interested parties can stay in touch with each other as needed. It is in your interest to thank the developer for meeting with you and to encourage further meetings after agency reviews and as the proposal firms up.
2) Pre-application
Plan - Whether or not the owner/developer chooses to have an initial
meeting with neighbors, the next step will be to file a pre-application plan
with Planning and Development Services. The purpose of this pre-application is
to allow the developer to discuss his proposal with staff before the formal
filing for rezoning. Staff will point out problems in the presented plans. The
project proposal circulates to agencies and utilities for initial comment.
Current policy is that the pre-application discussions are confidential, and
you are not allowed to attend or review meeting notes or documents at this
early stage. You can write or fax your comments, however, to the Planning
Commission to make them aware of your concerns. Be sure to clearly identify
early in the letter what project you are writing about to ensure your comments
are included in the correct development file.
3) Formal
filing of rezoning application - Once the pre-application review has
occurred and the agencies (Public Works and MSD) have preliminarily approved
the proposal, the owner/developer may formally file for rezoning. A docket
number will be assigned to the case. You should reference this number in
further correspondence with the Planning Commission or staff. Once the
application is filed, the matter becomes public record and you may obtain
copies of all documents in the file for your further study. From this point,
the procedure moves along fairly rapidly, so it is critical to review the file
regularly for changes and additions. The file is available at Planning and
Development Services, 531 Court Place, Suite 900, during normal business hours
(Monday through Friday, 8:00 a.m., until 4:30 p.m.). Once the rezoning
application is filed, Aldermen, County Commissioners and Planning Commissioners
are not allowed to discuss the matter with the developer or you; but you can
send copies of letters, petitions, and other information to their office where
it will become part of the official record. Your neighborhood organization can
register with Planning and Development Services to receive notice of all
filings in your geographic area of interest.
4) Site
inspection - Planning and Development Services staff, along with some
members of the Planning Commission, conducts a site inspection to assess the
impact of the proposed development on the surrounding area. They evaluate the
proposal in terms of its effect on roads and traffic patterns, whether it is
compatible with the neighborhood, and its impact on natural and historical
features in the area. The plan is also reviewed to determine if it is in
compliance with the guidelines of the comprehensive plan, Cornerstone 2020.
5) Land
Development & Transportation (LD&T) review - The Land Development
& Transportation Committee (LD&T) is a sub-committee of the Planning
Commission whose function is to review filed plans for conformance with
regulations, schedule public hearing dates, and make recommendations to the
applicant about compliance with the comprehensive plan. If you generally accept
the proposed rezoning but have not been able to reach agreement with the
developer on details (landscaping, traffic patterns, number or placement of
buildings), LD&T is the first place to make your case. The venue is
informal and all interested parties simply go up to the committee table when
the docket number is called. The
developer and Commission staff will discuss the proposal and you will then be
given an opportunity to speak. It is strongly recommended that one or two
people be selected to present your side of the situation. If you have no
designated spokesperson, either everyone will try to speak at once, or everyone
will wait for someone else to state the case. If the unresolved problem is
serious enough, you may want to consider hiring a land-use attorney to speak
for you at LD&T. Be sure the attorney knows what your budget is and exactly
what you want to accomplish. LD&T has wide latitude and can schedule the
public hearing, ask the developer to revise and resubmit the plan, require
further studies, or recommend restrictions.
Any restrictions or modifications should be in the form of binding elements,
which as the name implies, “bind” the developer to follow through. Binding elements often deal with such issues
as lighting, landscaping, hours of operation, etc. These binding elements can
be deleted, changed, or added at any time in the process, so be sure they are a
part of the case presented at the public hearing.
If you are totally opposed to the rezoning, you may want to make your case at
LD&T but be aware that LD&T cannot recommend for or against a rezoning
and will simply schedule the case for a public hearing before the full Planning
Commission, where a recommendation will be made. You can petition for more than
the standard allotted 10 minutes speaking time for opponents, or for an evening
public hearing, at the LD&T review. The requirements are:
1. Extended Presentation – A one (1) hour opposition presentation requires 25 signatures from property owners living within the affected Jefferson County district. Petitions for extension of hearing time limits must be submitted within seven (7) days of the LD&T meeting at which the public hearing date is set or confirmed. (PC Policy 7.09.02)
2. 5:30 p.m. Public Hearing – To have a public hearing held in the evening (5:30 p.m.), requires 200 signatures from Jefferson County property owners. Petitions must be received within 15 days of the scheduled hearing. (KRS 100.214)
3. 7 p.m. Public Hearing in Your District – To have a public hearing held in the evening in your neighborhood requires 500 signatures from property owners living within the affected Jefferson County district. Petitions must be submitted within 15 days of the scheduled hearing date. (Jefferson County Code of Ordinances, Title 15, Section 153.03).
LD&T
generally meets on the 2nd and 4th Thursday of the month,
in the Courtroom of the Old Jail Building, 514 W. Liberty Street, at 1 p.m.
Though cases are docketed in a particular order, there is no way to predict
when your docket number may come up during the meeting. Your spokesperson
should stay in the room and be prepared to stay until the meeting concludes.
6) The Public Hearing - If you and your group wish to oppose the rezoning application, the public hearing is the place to make your case. LD&T schedules a public hearing before the full Planning Commission, who then issues a recommendation. Notification of the public hearing is made in several ways: hearing notices are sent to adjoining property owners 30 days prior to the hearing; signs are posted on the property 30 days prior to the hearing; and legal ads are placed in the newspaper not less than 7 days nor more than 21 days prior to the hearing. In addition, neighborhood groups that have registered with Planning & Development Services are notified 7 days prior to the LD&T meeting. Public hearings are normally held on the first and third Thursday of each month at the Old Jail Building, 514 W. Liberty, 1:00 p.m. Routinely the staff person assigned to the case has 5 minutes to outline the plan, the developer and supporters have 10 minutes to argue for it, and opponents have 10 minutes to argue against it. You will want to publicize the date and time of the public hearing throughout your neighborhood so that all interested parties can attend.
It often is helpful to hold a meeting in the neighborhood prior to the hearing to decide who is going to be spokesperson, what consultants will speak, what their order will be, what subjects must be covered, and to request letters be sent to the Commission. If you have decided to hire a land-use attorney, he or she should attend this meeting. You should also summarize your presentation to the Commission into written form and present it, along with any consultant reports and copies of petitions and letters, to each of the Commissioners at the hearing.
Before the hearing, all who wish to speak must register with the staff person usually seated outside the entrance to the hearing room. You will need the docket number for your case and can obtain a complete docket for the day from the staff person. This will give you some idea of when your case may be called. Be sure to advise the Commission staff, in advance, if you want to use slides or VCR tapes for your presentation. The public hearing is a more formal format than the LD&T review, but similarly staff will present the plan, the developer and/or attorney will argue for the plan, and the opposition and/or attorney will argue against. It is critical that your comments be factual and well organized, and based on Cornerstone 2020. You should have alternatives in mind and be prepared to respond quickly to questions or suggestions from the Planning Commission members. All information pertaining to this case that will be the basis for decision by the Planning Commission and legislative bodies, must come from the public hearing or be submitted prior to the public hearing, so be certain that all your points are submitted in writing at the hearing as they cannot be added later. The developer is allowed a rebuttal to your presentation at the hearing, but you do not have an additional opportunity to respond to his rebuttal.
After all testimony is heard, the Planning Commission will go into business session and vote to recommend approval or denial to the appropriate legislative body, continue the hearing to a later date, or defer action. When a hearing is continued to a later date, the Planning Commission will accept additional testimony. When action has been deferred, the case is placed on a subsequent docket under “business session” for deliberation, and no additional testimony is allowed.
7) Legislative Body Action - Following the Planning Commission’s recommendation, the elected legislative body makes the decision to approve or deny the proposal. Legislative bodies with zoning authority in Jefferson County include Fiscal Court, the Board of Aldermen, and the following 2nd, 3rd, and 4th class cities: Anchorage, Douglass Hills, Graymoor-Devondale, Hurstbourne, Indian Hills, Jeffersontown, Lyndon, Middletown, Prospect, Shively, St. Regis Park, and St. Matthews. Again, you cannot discuss the issue with your elected representative. They are legally obligated to base their decision on the public hearing transcript and Planning Commission file.
The key points for citizens involved in the rezoning process are:
1) Organize your neighborhood early and well
2) Know the steps in the process, prepare for the next step
3) Try to convince the developer to honor your neighborhood’s needs and desires
4) Make a succinct, concise, organized case at LD&T and the public hearing
All property in Jefferson County is assigned a zonin