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Overlay Development Plan Required

Prior to the application for any building permits for new construction or exterior improvements or simultaneously with any application for a zoning map amendment within any Urban Growth Overlay District, an Overlay Development Plan shall be submitted for approval by the Design Review Board for recommendation to the Planning Commission.

Elements of an Overlay Development Plan

Information that may be required by the Urban Growth Design Review Board (in addition to the elements of the Detailed Development Plan required by Article 3 of the Zoning Ordinance of Warren County) may include but not be limited to the following:

• Materials used to cover exposed and visible foundation,

• Samples of the facade material,

• Paint samples for all facades visible from residential lots or rights-of-way,

• Number of windows per facade and percent of glass for the facade,

• Color rendering of the proposed development showing all proposed colors,

• Light fixture specifications and material information,

• List of proposed landscape materials, and

• Elevations of proposed structures.

Coordination with Subdivision Regulations

When an Overlay Development Plan is required, preliminary subdivision review under the subdivision regulations and Detailed Development Plan review under the Zoning Ordinance shall be considered simultaneously with an Overlay Development Plan review; provided, however, the applicant may elect to obtain these approvals at a date following the Overlay Development Plan approval.

Agreement to Development Plan Conditions

The filing of an Overlay Development Plan shall constitute an agreement between the Planning Commission and the persons signing the application, their heirs, successors, personal representatives and assigns that:

Building permits for improvements of the property in question shall be applied for and issued only when in conformance with the approved Overlay Development Plan. The filing for a building permit not in conformance with these provisions shall constitute a breach of agreement enforceable by the Planning Commission or appropriate legislative body.

Procedure for Development Plan Review

The Urban Growth Design Review Board shall conduct public hearings at which, pursuant to public notice as prescribed by KRS Chapter 424, it shall review submitted overlay development plans for compliance with the development standards contained in this Ordinance. Approval of an Overlay Development Plan shall require a positive vote from a majority of those members present at a meeting with a properly constituted quorum.

Appeal

Any person aggrieved by a decision of the Urban Growth Design Board may appeal that decision to the City-County Board of Adjustments. The appeal shall be in writing and delivered to the Design Review Board Chairman or the Board of Adjustments Chairman within thirty (30) days of the action of the Urban Growth Design Review Board from which the appeal is taken. The notice of appeal shall state the grounds for the appeal.

City County Board of Adjustments shall consider the appeal without additional evidence and shall limit its review to whether or not the Urban Growth Design Review Board had substantial evidence upon which it based its decision or whether or not the decision of the Urban Growth Design Review Board was arbitrary or clearly erroneous. If the Board of Adjustments believes that the Urban Growth Design Review Board had substantial evidence upon which to base its decision or believes that the decision of the Urban Growth Design Review Board was not arbitrary or clearly erroneous, then the decision of the Urban Growth Design Review Board shall be affirmed by the Board of Adjustments. It shall take four (4) votes of the Board of Adjustments to reverse the decision of the Urban Growth Design Review Board.

Any party aggrieved by the decision of the Board of Adjustments may seek further review by the filing of a Petition On Appeal within thirty (30) days of the decision of the Board of Adjustments in the Warren Circuit Court. The Circuit Court review shall be identical to the Board of Adjustments review.