AN ACT relating to planning and zoning.

UNOFFICIAL COPY 26 RS BR 821
Page 1 of 1
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AN ACT relating to planning and zoning. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 100 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Mixed-use development" means a development consisting of residential 6
and nonresidential uses in which the nonresidential uses are less than fifty 7
percent (50%) of the total square footage of the development, and are 8
limited to the first floor of buildings that are two (2) or more stories; and 9
(b) "Multi-unit dwelling" means a structure with more than two (2) separate 10
dwelling units each with its own entrance. 11
(2) Multi-unit dwellings and mixed-use developments shall be considered a permitted 12
use in all commercial zones. 13
(3) A planning unit shall not adopt or enforce any regulation or ordinance that: 14
(a) Prohibits multi -unit dwellings or mixed -use developments in commercial 15
zones; 16
(b) Imposes requirements on multi -unit dwellings or mixed -use developments 17
that are more restrictive than those placed on other uses within a 18
commercial zone; or 19
(c) Requires mul ti-unit dwellings or mixed -use developments to have on the 20
property or share via a parking agreement more than one (1) off -street 21
parking space for each unit in addition to accessible parking spaces as 22
required by the federal Americans with Disabilities Ac t, 42 U.S.C. sec. 23
12101 et seq. 24