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Land Use Planning
University of Kentucky School of Law
Moore, Kathryn L.

Land Use Planning
Moore—Spring 2017
 
Zoning Basics
Zoning Enabling Acts:
Zoning Ordinances: Enacted by municipality’s legislative body (elected). Legislature may appoint a zoning commission to advise the legislature.
Use Restrictions:
Principal Uses: permitted as matter of right. need building permits & certs of occupancy.
Conditional Use: specifically listed in ordinance but need Board of Adjustments approval
Prohibited Uses: Not allowed at all, cannot get a variance
Area Restrictions:
Minimum lot requirements
Minimum frontage
Setback requirements
Add’l restrictions include floor area ratio (FARs) that limit the total sq. ft, & max lot coverage ratios that limit the % of lot that can be covered w/ improvements.
Height Restrictions: Protect light, air, and view
 
Zoning Amendments (Planning Commission)
Map Amendments  (LFUC Zoning Ordinance 6-1)
Zoning that changes the zoning district in which parcel is situated; commonly referred to as a “re-zoning”
Standing to propose: (KRS 100.2111):
Planning Commission;
LFUCG Council;
Owner of subject property; or
Person with written permission from owner of subject property
Standard required (LFUCG-specific. 6-4(d). Pg. 10; KRS 100.213):
in agreement with the Comprehensive Plan OR
existing zoning classification given to the property was inappropriate, AND the proposed zoning classification is appropriate; OR major changes of an economic, physical or social nature within the area involved, which were not anticipated in the Comprehensive Plan & which have substantially altered the basic character of the area
Burden on the applicant to establish said finding by a clear preponderance of the evidence
Findings of Fact/Conclusions of Law
BEFORE the Commission makes a condition, restriction, or Council adopts the same, it shall make findings of fact and conclusions of law which are supported by substantial and competent evidence, which are not arbitrary or capricious; and which demonstrate that the effect of the proposed zoning map amendment on the public health, safety and welfare in the area in which the subject property is located and the adjoining areas have been considered.
Text Amendments (LFUC Zoning Ordinance 6-2. Pg. 9)
Zoning that changes the text in the zoning regulations
Standing to propose: Any person or governmental body
 
Procedure of Applying for an Amendment – both map & text (LFUCG-specific)
1.     Pre-Application Conference w/ Division of Planning
2.     Application
3.     Commission directs staffs to review the application, conduct any needed studies or reports
4.     Notice of a public hearing at LEAST one week prior (KRS 100.207; 212)
5.     Public Hearing – Commission will vote to either recommend approval or disapproval (KRS 100.214)
6.     LFUCC (“Council”) will vote to adopt or not to adopt the amendment
Gramex Corp. v. LFUCG – Map Amendment: Fayette Mall was a large change but it was properly zoned; thus is not a significant change; thus, consistent with the Comprehensive Plan. Given that there is contradictory evidence from the Council, we cannot say that they acted arbitrarily. They simply made a decision.
Hougham v. LFUCG – Map Amendment: Just because the zone chan

 
Sasso v. Osgood: 5 Factor Balancing Test (Practical Difficulties)
Benefit to the applicant if the variance is granted, v. detriment to the health, safety and welfare of the neighborhood or community by such grant. Consider whether:
variance creates undesirable change to neighborhood/nearby properties
benefit sought by the applicant can be achieved in another way
the area variance is substantial
variance will have adverse effect on physical or environmental conditions of district; and
whether the difficulty was self-created
 
 
Conditional Uses & Special Exceptions (Board of Adjustment)
a use which is essential to or would promote the public HSW in one or more zones, but which would impair the integrity and character of the zone in which it is located, or in adjoining zones, unless restrictions on location, size, extent, an character of performance are imposed in the zoning regulation (KRS 100.111(6))
Conditional Use Permit– LFUC Zoning Ord. 7-6(a) – Conditional Use Permits; KRS 100.237
only if conditions met & no adverse effect on existing/future development or surrounding neighborhood
Revocable for noncompliance with condition
LFUC imposes greater requirements than KRS: public facilities and services must be adequate for the developments needs or soon needed