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12.02.01 Application Submittal Require- ments. Applications required under this zoning ordinance must be submitted in a form and in such numbers as required by the official responsible for accepting the application.
12.02.02 Preapplication Meetings. All applicants for development approvals described in this article are encouraged to arrange a preapplication meeting with the Zoning Administrator or Planning Commission staff before completing and filing the required application.
12.02.03 Application Filing Fees.
(A) Applications must be accompanied by the fee amount that has been established by the Planning Commission, City Commission, and Board of Zoning Adjustment, as applicable.
(B) Application fees are nonrefundable.
12.02.04 Application Completeness.
(A) An application will be considered complete and ready for processing only if it is submitted in the required number and form, includes all required information, and is accompanied by the required application filing fee.
(B) If an application is determined to be incomplete, the official responsible for accepting the application must provide notice to the applicant along with an explanation of the application's deficiencies.
(C) No further processing of the application will occur until the deficiencies are corrected.
(D) If the deficiencies are not corrected by the applicant within 60 days, the application will be considered withdrawn.
12.02.05 Public Hearing Notices. Unless otherwise specified, published public hearing notices must be in accordance with KRS Chapter 424. Pursuant to KRS 424, notice of the time and place of all required public hearings must be published at least once in a newspaper of general circulation in the county. The required notice must appear in the newspaper a minimum of seven calendar days and a maximum of 21 calendar days before the public hearing.
12.02.06 Continuation of Public Hearings. A public hearing for which proper notice was given may be continued to a later date without providing additional notice as long as the continuance is set for a specified date and time and that date and time is announced at the time of the continuance. If a public hearing is tabled or deferred for an indefinite period of time or postponed more than three months from the date of the originally scheduled public hearing, new public notice must be given (in accordance with the notice requirements of the respective procedure) before the rescheduled public hearing. The party requesting the postponement is responsible for paying the cost of re-notification, and payment of re-notification costs must be made before the item is placed on the agenda.
12.02.07 Burden of Proof or Persuasion. In all cases, the burden is on the applicant to show that an application complies with applicable review or approval criteria.
12.02.08 Certificates of Land-Use Restriction. Certificates of land-use restriction, when required in accordance with the provisions of this article, must be filed in the office of the County Clerk by the Planning Commission, City Commission, and/ or Board of Adjustment, whichever decision-making body imposes the land-use restriction, pursuant to KRS 100.3681 through 100.3684. The decision- making body that imposes the restriction is authorized to collect a fee from the applicant to cover the costs of recordation and the costs of completing and filing the certificate.
(Ord. O-37-06, passed 8-15-06)