Ordinance No. _____, Series 2014
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AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON TRANSITIONAL HOUSING TO INCLUDE BOARDING AND LODGING HOUSING, AND HALFWAY SHELTERS IN THE AREAS DESCRIBED IN THE SHAWNEE NEIGHBORHOOD PLAN AND IN THE CHICKASAW AREA AS DELINEATED HEREIN, IN METRO LOUISVILLE.
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Sponsored by: Council Member Cheri Bryant Hamilton
WHEREAS, the Legislative Council of the Louisville/Jefferson County Metro Government (the "Council") hereby finds and declares that the preservation, protection, rehabilitation, and upkeep of single family homes and other residences is necessary to preserve and enhance the quality of life for all residents of the Louisville/Jefferson County metropolitan area, specifically those areas described in the Shawnee Neighborhood Plan and in the Chickasaw area as delineated herein; and
WHEREAS, the Council finds that a comprehensive study of zoning regulations relating to design standards for transitional housing, which includes boarding and lodging housing, and halfway shelters, needs to be initiated for areas defined under Section III of this Ordinance to assist in the protection, preservation, and revitalization of West Louisville; specifically, to promote development that is compatible with the historic and traditional character of the area, to protect the historic significance of the neighborhood, and to address and resolve problems caused by inappropriate and incompatible land use patterns; and
WHEREAS, during the pendency of such study, the Council desires to preserve the status quo by preventing the construction of or establishment of certain housing, which would be incompatible with neighboring structures; and
WHEREAS, it is anticipated that such a study will take twelve months to initiate and complete; and
WHEREAS, any person aggrieved by the application of this Ordinance may apply to the Board of Zoning Adjustment and Appeals (the "Board") for an exception to the application of the ordinance.
Now therefore be it ordained by the Legislative Council of the Louisville/Jefferson County Metro Government as follows:
Section I: There is hereby imposed a moratorium on:
(A) The issuance by the Director of the Louisville Metro Department of Code and Regulations' Inspections, Permits, and Licenses (the "Director") of permits for the construction or establishment of transitional housing as defined herein, and under the Metro Land Development Code, within the areas defined as those areas described in the Shawnee Neighborhood Plan and in the Chickasaw area as delineated herein; and
(B) The granting of any zoning change, zoning variance, zoning exception, or conditional use permit, under the Land Development Code, or otherwise within the Corridor Area by any Metro Louisville Authority.
Section II: The moratorium imposed by Section I shall not apply to construction or reconstruction of a residential structure which is damaged or destroyed by fire, flood, windstorm, hurricane, earth movement, or other casualty, nor to permits issued to restore or make safe a condition caused by fire, wind, snow or any unforeseen event, as determined by the Director.
Section III: For purposes of this Ordinance, the West Louisville areas are defined as the areas within the Shawnee Neighborhood Plan and in the Chickasaw area as delineated herein.
Section IV: Any person aggrieved by the denial of a permit or license under this Ordinance may apply in writing to the Board for an exception to the application of the Ordinance. The application must be in writing and the applicant shall have the burden of showing that the applicant is (1) entitled to an exception under the provisions of Section II of the Ordinance, or (2) that the denial of a permit or license under this ordinance otherwise imposes an unreasonable economic hardship on the applicant. The decision of the Board shall be final.
_______________________________ H. Stephen Ott Metro Council Clerk |
_____________________________ Jim King President of the Council |
_____________________________ Greg Fischer Mayor |
_____________________________ Approval Date |
APPROVED AS TO FORM AND LEGALITY:
Michael J. O'Connell
Jefferson County Attorney
BY: ____________________________
Transitional,Boarding,Halfway Housing Moratorium Ord. by CBH,D5 ROC bkn,jb,wpo 050114 Draft 1 050114
Transitional,Boarding,Halfway Housing Moratorium Ord. by CBH,D5 ROC bkn,jb,wpo 050214 Draft 2 050214