<br><br>82.670 Overlay district regulations -- Other provisions in ordinance establishing <br>district. <br>(1) A city establishing an overlay district under KRS 82.660, shall, in the ordinance that <br>creates the overlay district, delegate the responsibility for the administration of <br>overlay district regulations to a department or agency of the city, or to a nonprofit <br>corporation established by the city pursuant to KRS Chapter 58. Overlay district <br>regulations shall not conflict with the zoning regulations for the district and shall <br>not permit uses prohibited by underlying zoning regulations or prohibit uses <br>permitted by underlying zoning regulations. Overlay district regulations shall <br>supplement underlying zoning regulations by establishing additional design <br>standards, guidelines, and criteria for development within the district to preserve, <br>conserve, or protect the historical, cultural, architectural, aesthetic, or other <br>distinctive characteristics of the district. <br>(2) The ordinance establishing the district shall, in addition to the provisions of KRS <br>82.660, contain the following provisions: <br>(a) A requirement that the designated department or agency of the city, or KRS <br>Chapter 58 nonprofit corporation that has been delegated responsibility for <br>administration of overlay district regulations, shall establish a body to assist in <br>the review of design standards and development proposals that shall be <br>composed of persons possessing expertise in architecture, urban design, urban <br>planning, historic preservation, or other appropriate fields; and <br>(b) A procedure for the review of proposed development within the district that <br>shall provide for adequate notice, public hearings, and timely consideration of <br>applications. <br>(3) Any applicant denied a permit under KRS 82.660(4) shall have a right of appeal <br>from such written denial to the Circuit Court of the county in which the city is <br>located. The ordinance establishing the district may provide that any applicant shall <br>first appeal such written denial to the city legislative body and that the decision of <br>the city legislative body shall be the action appealable to the Circuit Court. The <br>appeal from the denial of the city legislative body shall be taken within thirty (30) <br>days of the date of such written denial. <br>(4) Any city legislative body that creates an overlay district pursuant to KRS 82.660 <br>shall hold a public hearing prior to adoption of the ordinance establishing the <br>district. Notice of the public hearing shall be published pursuant to KRS Chapter <br>424 and an owner of every parcel of property within the proposed district shall be <br>notified by first class mail. Records of the county property valuation administrator <br>may be relied upon to determine the identities and addresses of the property owners. <br>(5) The boundaries of an overlay district shall not be altered except by following the <br>same procedure required for the establishment of an overlay district. <br>Effective: July 13, 1990 <br>History: Created 1990 Ky. Acts ch. 479, sec. 3, effective July 13, 1990. <br><br>