Ordinance No. __________, Series 2014
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AN ORDINANCE AMENDING CHAPTERS 2 AND 4 OF THE LAND DEVELOPMENT CODE PERTAINING TO MAXIMUM PERMITTED DENSITY (CASE NO. 15908).
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Sponsored by: Councilman James Peden
Councilman Rick Blackwell
Councilman Jim King
WHEREAS, the Planning Commission held a public hearing on June 2, 2011, to consider certain amendments to Chapters 2 and 4 of the Land Development Code, pertaining to maximum permitted density in a variety of zoning districts, and made a recommendation on said amendments to the Metro Council; and
WHEREAS, the Metro Council does not agree with the findings and recommendation of the Planning Commission with respect to said amendments and, instead, adopts the amendments to Chapter 2 of the Land Development Code set forth herein;
NOW THEREFORE BE IT RESOLVED BY THE LOUISVILLE METRO COUNCIL
Section I: The Metro Council hereby adopts the amendments to Chapters 2 and 4 of the Land Development Code as contained in the minutes and records of the Planning Commission in Case No. 15908, except as revised in Sections II hereof.
Section II: The Metro Council hereby adopts the amendments to Section 2.4.3 of the Land Development Code set forth in Exhibit A, attached hereto and incorporated herein by reference.
Section III: This ordinance shall take effect upon its passage and approval.
_______________________________ 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: ____________________________
Exhibit A
Land Development Code
2.4.3 C-1 Commercial District
The following provisions shall apply in the C-1 Commercial District unless otherwise provided in these regulations:
A. Permitted Uses:
Accessory buildings or uses: those uses which are subordinate,
customary and incidental to the primary use, provided that, if a use
is customary only in a less restrictive zone, and is of a magnitude
that may generate significant impacts, it shall not be an accessory
use
Agricultural uses
Antique shops
Art galleries
Athletic facilities
Audio/video recording studios, providing the building is sound proof
Automobile rental agencies with no more than 25 rental passenger
vehicles stored on site, and no more than two service bays for
cleaning or maintenance, and having no repair or
storage/dispensing of fuel
Automobile parking areas, public and private
Automobile service stations with service bays for repair of no more than
two vehicles (see definition of Automobile Service Station for the
type of repairs permitted)
Bakeries, retail (all products produced to be sold on the premises only)
Banks, credit unions, savings and loans, check cashing services and
similar financial institutions
Barber shops
Beauty shops
Bed and Breakfasts
Bicycle sales and service
Boarding and lodging houses
Bookstores
Bowling alleys, provided the building is sound proof
Car washes having prior approval by the agency responsible for traffic
engineering
Catering kitchen/bakery preparing food and meals for sale or consumption
elsewhere
Churches, parish halls, and temples
Clothing, dry goods and notions stores
Clubs, private, non-profit or proprietary
Colleges, schools and institutions of learning
Community residences
Community Service Facility
Computer sales (hardware and software) and programming services
Confectionery, ice cream or candy stores, retail; no more than 50% of the
floor area shall be used for production of food items for off premises
sale
Convenience groceries
Convents and monasteries
Country clubs
Dance Instruction (excludes adult entertainment uses as defined within
LMCO Chapter 11)
Day care centers, day nurseries, nursery schools and kindergartens
Department stores
Dressmaking or millinery shops
Drug stores
Dry cleaning, dyeing, pressing, and laundry; distributing stations or retail
business where no cleaning, dyeing, pressing or laundry is done for
other distributing stations or cleaning establishments
Dwelling, Multiple family (See Section E.2. below for permitted density)
Dwelling, Single-family
Dwelling, Two-family
Electric appliance stores
Establishments holding a retail malt beverage license, but that do not allow
consumption on the premises.
Establishments holding a distilled spirits and wine retail package license,
but holding no other ABC licenses that allow consumption on the
premises.
Extended stay lodging
Family care home (mini-home)
Florist shops
Funeral homes
Furniture stores
Garage or yard sale
Golf courses, except miniature courses, driving ranges, or privately owned
golf courses operated for commercial purposes
Grocery stores, including fruit, meat, fish, and vegetable
Hardware and paint stores
Health spas
Home occupations
Hotels and motels, including ancillary restaurants and lounges, enclosed in
a structure, in which dancing and other entertainment (not including
adult entertainment activities as defined in Section 4.4.1) may be
provided. (not permitted within the City of Prospect)
Ice storage houses of not more than five (5) ton capacity
Interior decorating shops
Jewelry stores
Laundries or launderettes, self-service
Laundering and dry cleaning pick-up shops and self-service laundries
Libraries, museums, historical buildings and grounds, arboretums,
aquariums, and art galleries
Medical laboratories
Music stores
Nurseries, retail
Office, business, professional and governmental
Parks, playgrounds, and community centers
Pawn Shop
Pet grooming, obedience training and related pet activities, provided the
operation is conducted within a soundproofed building, no animals
are boarded, and there are no runs or pens outside of the building
Pet shops
Photocopying, duplicating, paper folding, mail processing and related
services
Photographic shops
Photography studios
Picture Framing
Radio and television stores
Rental businesses offering items whose sale is a permitted use in this
district, videocassette and similar products, rental and sales but not
constituting an adult video cassette rental center
Residential care facilities
Restaurants, tea rooms and cafes including:
1) Restaurants with drive-through windows having prior approval by the
agency responsible for traffic engineering;
2) Restaurants, tea rooms and cafes where dancing and entertainment
is excluded;
3) Restaurant with outdoor seating where entertainment activity is
excluded and no alcoholic beverages are served or consumed
outside which is adequately screened and buffered from adjacent
residential development.
Shoe repair shops
Shoe stores
Stationery stores
Tailor
Tanning salons
Temporary buildings, the uses of which are incidental to construction
operations being conducted on the same or adjoining lot or tract,
and which shall be removed upon completion or abandonment of
such construction, or upon the expiration of a period of two years
from the time of erection of such temporary buildings, whichever is
sooner
Tents, air structures and other temporary structures intended for
occupancy by commercial activities including but not limited to
sales, display, and food services, provided that applicable building
and fire safety codes are met, and provided further that such
structures may not be installed for a period (or periods totaling)
more than ten (10) days during a calendar year.
Toy and hobby stores
Variety stores
Veterinary hospital, provided the operation is conducted within a soundproofed
building, no animals are boarded, and there are no runs or
pens outside of the building
Wearing apparel shops
B. Conditional Uses:
Certain uses may be permitted in this district upon the granting of a
Conditional Use Permit by the Board of Zoning Adjustment. Refer to
Chapter 4 Part 2 for a listing of uses and requirements that apply to
specific uses.
C. Permitted Uses With Special Standards*
The following uses are permitted in this district provided they meet the
special standards and requirements listed for such uses in Chapter 4 Part
3.
1. Drive-in Restaurants
2. Temporary Activities
3. Off-premises signs (i.e. outdoor advertising signs) as permitted by
Chapter 4, Part 3 of the LDC.
4. Transitional Housing
5. Homeless Shelter
D. Property Development Regulations
Refer to the applicable Form District regulations in Chapter 5 for lot size,
setback, building height and other restrictions.
E. Maximum Density And Far
1. Maximum Floor Area Ratio:
1.0
2. Maximum Density:
.34.84 dwellings per acre, when the for all properties subject to Plan Certain Development requirements (Section 11.4.7) and, as of the effective date of this regulation, for all previously-approved and pending development applications for properties not subject to Plan Certain Development requirements (Pre-Plan Certain Development Plans).
34.84 dwellings per acre, for all proposed applications filed after the effective date of this regulation that are not subject to Plan Certain Development requirements, when the multi-family residential use is incorporated as part of a mixed use development where at least 50% of the proposed square footage of the development consists of non-residential use(s).* In the event the development contains no non-residential uses, the maximum permitted density shall be 12.01 dwellings per acre.
.12.01 dwellings per acre, for all proposed applications filed after the effective date of this regulation that are not subject to Plan Certain Development requirements, when the multi-family residential use is incorporated as part of a mixed use development where less than 50% of the proposed square footage of the development consists of non-residential use(s), including when the development contains no non-residential uses.
* The requirement to incorporate 50% non-residential use is subject to waiver by the Louisville Metro Council pursuant to Chapter 11, Part 8. In cases in which a waiver is requested of the 50% non-residential use requirement, the Louisville Metro Council shall assume the authority and responsibilities of the Planning Commission set forth in Chapter 11, Part 8 to take final action on such waivers, and the Planning Commission or designated committee thereof shall review such waiver requests and make a recommendation to the Louisville Metro Council.
Use Mix - - Office and Residential Uses - When authorized by the
form district regulations, a specified percentage of any development
site may be allocated to residential development without any
corresponding decrease in the maximum allowable square footage
or intensity of non-residential uses allowed in the underlying zone
district, provided that all other development standards set forth in
this code are complied with. In addition, when authorized by the
form district regulations, office and residential uses situated above
ground level retail uses are permitted and shall be excluded from
calculation of the site's permissible floor area ratio. When
specifically authorized by the form district regulations, calculation of
permissible residential density shall be based on the net site area,
regardless of the amount of non-residential floor area constructed
on the site.