(A) General. Whenever the public necessity, convenience, general welfare, or good zoning practices require, the legislative body may by ordinance after receiving a recommendation thereon from the Planning Commission, and subject to procedures by law, amend, supplement, change or repeal the regulations, restrictions, and boundaries or classification of property.
(B) Application for amendment. A proposal for amendment to the official zoning map may originate with the Planning Commission, the City Commission, the Fiscal Court, any other government body, the owner of the subject property, or by a person having written authorization from the owner of the subject property. A proposal for amendments to the text of this chapter may originate with any person or governmental body. Regardless of the origin of the proposed amendment an application must be filed with the Planning Commission requesting the proposed amendment in such form and accompanied by such information as required by this chapter and the Planning Commission. The Planning Commission may require the submission of further information subsequent to the filing of an application. At the time of filing an application, a non-returnable filing fee shall be paid according to the schedule of fees; however, there shall be no filing fee for an amendment requested by the City Council, the Fiscal Court, the Planning Commission, or any governmental agency. Upon the filing of an application for a map amendment by a governmental body, the Planning Commission shall promptly notify the owner of the subject property by registered mail or certified mail, receipt requested.
(C) Planning Commission procedure. Upon the filing of an application for an amendment to the official zoning map or the text of this chapter, the Planning Commission shall study and review the application as provided in this chapter and the bylaws of the Planning Commission. The Planning Commission shall then hold at least one public hearing after notice as required by KRS 424 and KRS 100 and shall make findings of fact and a recommendation for approval or disapproval of the proposed amendment to the various legislative bodies or fiscal court involved. A tie vote shall be subject to further consideration by the Planning Commission for a period not to exceed 30 days, at the end of which if the tie has not been broken, the application shall be forwarded to the fiscal court or legislative body without a recommendation for approval or disapproval.
(1) Notice of public hearing.
(a) Notice of the time, place and reason for the required public hearing shall be given by one publication in the newspaper of general circulation in the county, not earlier than 21 days or later than seven days before the public hearing in accordance with KRS 424.130 and KRS 100.211.
(b) Any published notice shall include the street address of the property in question, or if one is not available or practicable due to the number of, addresses involved, a geographic description sufficient to locate and identify the property, and the names of two streets on either side of the property which intersect the street on which the property is located; and when the property in question is located at the intersection of two streets, the notice shall designate the intersection by name of both streets rather than name the two streets on either side of the property.
(c) When a hearing is scheduled on a proposal by a property owner to amend any zoning map, the following notice shall be given in addition to any other notice required by statute, local regulation or chapter:
1. Notice of the hearing shall be posted conspicuously on the property the classification of which is proposed to be changed for 14 consecutive days immediately prior to the hearing. Posting shall be as follows:
a. The sign shall state "zoning change" and the proposed classification change in letters three inches in height. The time, place and date of hearing shall be in letters at least one inch in height; and
b. The sign shall be constructed of durable material and shall state the telephone number of the appropriate zoning commission; and
2. Notice of the hearing shall be given at least 14 days in advance of the hearing by first class mail, with certification by the Commission secretary or other officer of the Planning Commission that the notice was mailed to an owner of every parcel or property adjoining the property the classification of which is proposed to be changed. It shall be the duty of the person or persons proposing the map amendment to furnish to the Planning Commission the names and addresses of the owners of all adjoining property. Records maintained by the property valuation administrator may be relied upon conclusively to determine the identity and address of the owner. In the event such property is in condominium or cooperative forms of ownership, then the person notified by mail shall be the president or chairman of the owner group which administers property commonly owned by the condominium or cooperative owners. A joint notice may be mailed to two or more co-owners of an adjoining property who are listed in the property valuation administrators records as having the same address.
(d) In addition to the public notice requirements of this section, when the Planning Commission, Fiscal Court or legislative body of any planning unit originates a proposal to amend the zoning map of that unit, notice of the public hearing shall be given at least 30 days in advance of the hearing by first class mail to an owner of every parcel of property the classification of which is proposed to be changed. Records by the property valuation administrator may be relied upon to determine the identity and address of the owner.
(2) Public hearing on application. After notice of the public hearing as provided for above, the Planning Commission shall hold a public hearing on the proposed amendment.
(3) Recommendation of Commission for zoning map amendment.
(a) Before recommending to the city commissions that an application for amendment to the zoning map be granted, the Planning Commission, or the legislative body must find that the map amendment is in agreement with the community's comprehensive plan, or in the absence of such a finding, that the original zoning classification given to the property was inappropriate or improper, or there have been major changes of an economic, physical or social nature within the area involved which were not anticipated in the comprehensive plan adopted by the Planning Commission and which have substantially altered the basic character of the area.
(b) After voting to recommend that an application for amendment to the official zoning map be granted or denied, the Planning Commission shall forward its findings of fact and recommendation in writing to the City Council.
(4) Action by City Council on zoning map amendments.
(a) The City Council shall not act upon a proposed amendment to the zoning map until it shall have received the written findings of fact recommendation thereon from the Planning Commission. The Planning Commission recommendation relating to the proposed amendment shall be final and the map amendment shall be automatically implemented subject to the provisions of KRS 100.347, all as set forth in the Planning Commission recommendations, unless within 21 days after the final act by the Planning Commission:
1. Any aggrieved person files a written request with the Planning Commission that the final decision shall be made by the appropriate legislative body or fiscal court; or
2. The appropriate legislative body or fiscal court files a notice with the Planning Commission that the legislative body or fiscal court shall decide the map amendment.
(b) It shall take a majority of the entire City Council to override the recommendation of the Planning Commission and it shall take a majority of the City Council to adopt a zoning map amendment whenever the Planning Commission forwards the application to the City Council without a recommendation of approval or disapproval due to a tie vote. Unless a majority of the entire City Council votes to override the Planning Commission's recommendation, such recommendation shall become final and effective and if a recommendation of approval was made by the Planning Commission, the ordinance of the fiscal court or legislative body adopting the zoning map amendment shall be deemed to have passed by operation of law.
(c) If the City Council chooses to decide the map amendment, the city shall take final action upon a proposed zoning map amendment within 90 days of the date upon which the Planning Commission takes its action upon such proposal. The City Council shall also notify the Enforcement Officer and the Chairman of the Planning Commission as the proposed map amendment will be heard by the City Council prior to the City Council's final action. The City Council shall complete and file for recording with the County Clerk, a certificate of land use restriction for any map amendment approved by the Commission and/or the City Council.
(5) Recommendation of Commission for text amendment. After voting to recommend that an application for amendment to the text of this chapter be granted or denied, the Planning Commission shall forward its recommendation in writing to the City Council. In the case of a proposed amendment originating within the City Council, the Planning Commission shall make its recommendation within 60 days of its receipt of the proposed amendment.
(6) Action by City Council on text amendments. The City Council shall not act upon a proposed amendment to the text of this chapter until it shall have received the written recommendation thereon from the Planning Commission. If the proposed amendment originated with the Planning Commission, it shall take a majority of the entire City Council to override the recommendation of the Commission. If the proposed amendment originated with the City Council, it shall take the affirmative vote of the majority of the City Council to adopt the proposed amendment. The City Council shall take final action within 90 days of the date upon which the Planning Commission takes its action upon such proposal.
(D) Special conditions to the granting of zoning changes. As a condition to the granting of any zoning change, the Planning Commission may require substantial construction be initiated within two years; provided that such zoning change not revert to its original designation unless there has been a public hearing.
(Ord. 722, passed 7-11-89)