The Land Development Code authorizes the Planning Commission to grant relief from many of the specific standards, through a public review process that includes notice to adjacent property owners. However, the Commission may not grant relief from portions of the LDC that are within the jurisdiction of the Board of Zoning Adjustment.
The following excerpts from the Land Development Code and KRS 100 determine what portions of the LDC may be modified and which entity has jurisdiction:
LDC Section 11.8.1 General The Planning Commission may modify, reduce or waive those standards and minimum requirements established by this Land Development Code which cannot be modified through a dimensional variance. Use, conditional use, density and FAR standards established in Chapter 2 shall not be modified by this process. Specific Chapter, Part or Section waiver procedures shall take precedence over the procedures established in this Part (e.g. – Parking Waiver procedure in Chapter 9).
KRS 100.111 (24) “Variance” means a departure from dimensional terms of the zoning regulation pertaining to the height, width, or location of structures, and the size of yards and open spaces where such departure meets the requirements of KRS 100.241 to 100.247.
Some specific examples will help to illustrate the effect of the requirements quoted above:
- 4.1.2 Factory built housing: Width and number of stories: VARIANCE; first floor elevation, minimum area, roof pitch: WAIVER
- 4.1.3 Lighting: Height at which a light fixture is mounted: WAIVER
- 4.4.3 Fences: Fence height: VARIANCE; height of barbed wire or razor wire above the ground: WAIVER
- 4.4.4 Garage sales: Maximum area of a garage sale: WAIVER
- 4.4.5 Home occupation: Maximum area occupied by the business: WAIVER
- 4.4.8 Outdoor sales: Minimum distance from residential use: VARIANCE; maximum area, maximum height of stacked items: WAIVER
- 4.5 ADI: Width of open space buffer between reduced size lots and adjacent single family development: VARIANCE
- Form Districts: Building heights and setbacks: VARIANCE; sidewalk width, building design standards (length of uninterrupted façade, height of display windows, % of façade in windows), WAIVER
- Signs: Height of freestanding signs: VARIANCE; area of freestanding, attached or window signs, mounting height of attached signage, exemption from sign design requirements (e.g., monument or columnar sign): WAIVER
Note: Rather than seeking modification of the width of form district transition zones, the correct procedure will be to request variance/waiver of specific standard, rather than to change the width of the transition zone.