Any request for a zoning map amendment, excluding those submitted by the legislative body or fiscal court (other than for a
change for land under city or county ownership that the city or county intends to develop) and the
, to any
shall be made in accordance with all applicable requirements of this chapter, including the following:
(A) Application and processing. Application for a zoning map amendment shall include a development plan in accordance with the applicable requirements of § 154.088(D) and shall be processed in the following manner.
(1) The
shall hold a public hearing on the proposed application in accordance with the requirements of KRS Chapter 424, and review said application with regard to the required elements of the development plan, and other applicable requirements of this section. Upon holding such a hearing, the
shall make one of the following recommendations to the legislative body: approval, approval with conditions, or disapproval. The
shall submit, along with their recommendations a copy of the development plan and the bases for their recommendation.
(2) (a) The legislative body shall, within 45 days after receiving the recommendations of the
, review said recommendations and take action to approve or disapprove the proposed development plan. Such approval may incorporate any conditions imposed by the legislative body. However, should the legislative body take action to impose different conditions than were reviewed and considered by the
, then said conditions shall be resubmitted to
for further review and recommendations in accordance with division (A)(1) of this section.
(b) Approval of the zoning map amendment shall require that development be in accordance with the approved development plan.
(c) The legislative body shall forward a copy of the approved development plan to the
or the county's duly authorized representative for further processing in accordance with the applicable requirements for a site plan, as regulated by § 154.054.
(d) Zoning map amendment. Upon approval of the zoning map amendment, the official zoning map shall be amended for the area as shown on the approved development plan.
(B) Stage II site plan.
(1) Before a permit is issued for construction, a site plan shall be developed in conformity with the approved development plan and in accordance with the applicable requirements of § 154.054, and submitted to the
for review and approval. The site plan may be developed and submitted in sections, in accordance with the phasing identified in the approved development plan. The
may authorize minor adjustments from the approved development plan, provided that the adjustments do not: affect the spatial relationship of
, change land uses, increase overall density, alter circulation patterns (vehicular and pedestrian), decrease the amount and/or usability of open space or
areas, or affect other applicable requirements of this chapter.
(2) Amendments. Any amendments to plans, except for the minor adjustments which may be permitted by the
as noted above, shall be made in accordance with the procedure required by this chapter, subject to the same limitations and requirements as those under which such plans were originally approved.
(3) Expiration. The zoning map amendment shall be subject to the time constraint, as noted below. Upon expiration of said time period and any extensions thereto, the legislative body may initiate a request for a public hearing by the
, in accordance with the requirements of KRS Chapter 100, for the purpose of determining whether said zoning map amendment should revert to its original designation. A public hearing may be initiated if either of the following conditions apply.
(a) A site plan has not been approved by the
within a period of 12 consecutive months from the date of final approval of the zoning map amendment by the legislative body; provided that an extension may be permitted upon approval of the legislative body or its duly authorized representative, if sufficient proof can be demonstrated that prevailing conditions have not changed appreciably to render the approved development plan obsolete.
(b) Substantial construction has not been initiated within a period of 12 consecutive months from the date of approval of the site plan by the
; provided that an extension may be permitted upon approval of the legislative body or its duly authorized representative, if sufficient proof can be demonstrated that the construction was delayed due to circumstances beyond the applicant's control and that prevailing conditions have not changed appreciably to render the approved development plan obsolete. The amount of construction that constitutes initiating substantial construction shall be as approved in the approved development plan.
(Ord. 0-11-82, passed 11-3-82; Am. Ord. 0-9-96, passed 9-18-96)