§ 12.04  ZONING MAP AMENDMENTS (REZONINGS).
   12.04.01   Application.
   (A)   An application for an amendment to the zoning map must be filed by the owner of the subject property, the property owner's authorized agent, the Planning Commission, or the City Commission. An application for a map amendment must be signed by all owners of the property, including all persons who may jointly own the property and the property owner's authorized agent, if applicable.
   (B)   The Zoning Administrator must sign the application and the applicant must submit the application to the Northern Kentucky Area Planning Commission.
   (C)   Zoning map amendment applications proposing rezoning to any Commercial (C), Industrial (I), or RU-2B, RU-1, and RU-0.5 classification, except where the proposed use is single- or two-unit dwellings, must be accompanied by a Stage I development plan, prepared in accordance with § 12.06. The Zoning Administrator is authorized to waive the submission data requiring detailed engineering studies until such time as the zoning map amendment has been approved. Stage I development plans are not required with applications submitted by the Planning Commission or the City Commission.
   12.04.02   Minimum Area.
   (A)   No zoning map amendment application may be accepted if the proposed amendment would create a free-standing zone that does not meet the following minimum area standards:
 
Proposed Zone
Minimum Zone Area
RR-40, Rural Residential
10 acres
RS-20, Suburban Residential
5 acres
RS-12.5, Suburban Residential
2 acres
RS-7.5, Suburban Residential
1 acre
RU-5, Urban Residential
20,000 square feet
RU-3.5, Urban Residential
20,000 square feet
RU-2, Urban Residential
20,000 square feet
RU-1, Urban Residential
10,000 square feet
RU-0.5, Urban Residential
10,000 square feet
CN, Commercial- Neighborhood
10,000 square feet
CC, Commercial- Community
10,000 square feet
CG, Commercial-General
10,000 square feet
CBD, Central Business District
10,000 square feet
CT, Commercial-Tourist
10,000 square feet
CO, Commercial-Office
1 acre
CRL, Commercial- Riverfront Limited
10,000 square feet
CRG, Commercial- Riverfront General
10,000 square feet
IP, Industrial Park
1 acre
IL, Industrial-Limited
1 acre
IG, Industrial-General
1 acre
Non-overlay zones not otherwise specified
1 acre
Overlay zones
No Minimum
 
   (B)   In computing the area of a proposed rezoning, all of the following must be counted:
      (1)   The area of public rights-of-way within the interior of the area proposed to be rezoned;
      (2)   One-half the area of public rights-of-way abutting the area proposed to be rezoned; and
      (3)   The area of any land contiguous with the area proposed to be rezoned if such contiguous land area already bears the zoning classification sought in the rezoning, whether or not such contiguous land area is within the zoning jurisdiction of the city.
   (C)   For the purpose of this subsection (§ 12.04.02), land will be considered to be contiguous even when separated by a street, alley, or corporation boundary line.
   12.04.03   Public Hearing Notices.
   (A)   Published.  Published public hearing notices must be in accordance with § 12.02.05.The following provisions apply to the published hearing notice:
      (1)   Any published notice must 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 that intersect the street on which the property is located; and
      (2)   When the property in question is located at the intersection of two streets, the notice must designate the intersection by name of both streets rather than name the two streets on either side of the property.
   (B)   Mailed.
      (1)   Notice of all required public hearings must be given at least 14 days in advance of the public hearing by first class mail, with certification by the Planning Commission Secretary or other officer of the Planning Commission that the notice was mailed to an owner of every parcel of property adjoining the property the classification of which is proposed to be changed. Where the property adjoins a street or alley, property abutting the opposite side of such street or alley will be considered adjoining property.
      (2)   It is the duty of the person proposing the amendment to furnish to the Planning Commission the names and addresses of the owners of all adjoining property.
      (3)   Records maintained by the Property Valuation Administrator may be relied upon conclusively to determine the identity and address of said owner. In the event such property is in condominium or cooperative forms of ownership, then the person notified by mail must be the president or chairperson of the owner group that 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 Administrator's records as having the same address.
      (4)   When the Planning Commission or the City Commission initiates a proposed zoning map amendment, notice of all required public hearings must be given at least 30 days in advance of the hearing by first class mail to all owners of property within the area proposed to be rezoned. Records of the Property Valuation Administrator may be relied upon to determine the identity and address of such property owners.
      (5)   If the property, the classification of which is proposed to be changed, adjoins property in a different planning unit, or property which is not part of any planning unit, notice of the hearing must be given at least 14 days in advance of the hearing by first class mail to certain officials as follows:
         (a)   If the adjoining property is part of a planning unit, notice must be given to that planning unit's Planning Commission.
         (b)   If the adjoining property is not part of a planning unit, notice must be given to the mayor of the city in which the property is located, or if the property is an unincorporated area, notice must be given to the judge/executive of the county in which the property is located.
      (6)   All procedures for public notice and publication, as well as for adoption, must be the same for an amendment, as for the original enactment of a zoning regulation.
   (C)   Posted.  Notice of all required public hearings on map amendments must be posted conspicuously on the subject property for at least 14 consecutive days immediately prior to the hearing. The posting must consist of one or more signs, constructed of durable material, and clearly depicting the following information:
      (1)   The words ZONING CHANGE (three-inch high lettering);
      (2)   The existing and proposed zoning classifications of the property (three-inch high lettering);
      (3)   The date, place, and time of the public hearing (one-inch high lettering); and
      (4)   The address, including telephone number, of the Planning Commission where additional information regarding the hearing may be obtained.
   12.04.04   Planning Commission Hearing/ Action.
   (A)   The Planning Commission must hold at least one public hearing on all proposed zoning map amendments.
   (B)   Following the public hearing, the Planning Commission must make findings of fact and recommend, by simple majority vote, approval, disapproval or approval with condition(s) of the proposed map amendment. For zoning map amendment applications that must be accompanied by a Stage I development plan, the Planning Commission is authorized to recommend approval with modifications. The Planning Commission's recommendation must be based on the review and decision-making criteria of § 12.04.06.
   (C)   In the event of a tie vote, the Planning Commission must continue to consider the proposed zoning map amendment for a period not to exceed 30 days. If the tie has not been broken after such reconsideration, the application must be forwarded to the City Commission without a recommendation of approval or disapproval.
   (D)   The Planning Commission's recommendation must include a statement explicitly setting forth the reasons for its action and a written report as required in Sec.12.04.06.
   (E)   The Planning Commission's findings of fact and recommendation must include a summary of the evidence and testimony presented by the proponents and opponents of the proposed amendment.
   (F)   The Planning Commission must submit to the City Commission, along with their recommendation, a copy of any required development plan (See § 12.04.01(C)).
   12.04.05   City Commission Action.
   (A)   The City Commission must take final action on a proposed zoning map amendment within 90 days of the date upon which the Planning Commission takes its final action.  In the event of a tie vote of the Planning Commission, this 90-day time frame runs from the date of the original tie vote, and not from the date the application is forwarded to the City Commission.
   (B)   A simple majority vote of the entire membership of the City Commission is required to override the recommendation of the Planning Commission.
   (C)   A simple majority vote of the entire membership of the City Commission is also required to adopt a zoning map amendment when the Planning Commission forwards the application to the City Commission without a recommendation due to a tie vote.
   (D)   Unless a simple majority of the entire City Commission votes to override the Planning Commission's recommendation, the Planning Commission's recommendation will become final and effective, and if a recommendation of approval or approval with conditions was made by the Planning Commission, the ordinance of the City Commission adopting the zoning map amendment with these conditions will be deemed to have passed by operation of law.
   (E)   The City Commission's approval of a zoning map amendment that includes a Stage I development plan may incorporate any conditions imposed by the Planning Commission. However, should the City Commission take action to impose different conditions than were reviewed and recommended by the Planning Commission, then the conditions must be resubmitted to the Planning Commission for further review and recommendation in accordance with the process required for the initial review.
   (F)   Upon approval of a zoning map amendment that includes a Stage I development plan, the City Commission must forward a copy of the approved development plan to the Zoning Administrator.
   12.04.06   Review and Decision-Making Criteria.
   (A)   Before any zoning map amendment is recommended for approval, approval with conditions, or is approved, the Planning Commission or City Commission, as applicable, must find that the proposed amendment is consistent with the adopted comprehensive plan, or in the absence of such a finding, that one or more of the following apply:
      (1)   That the existing zoning classification given to the property is inappropriate, and that the proposed zoning classification is appropriate; and/or
      (2)   There have been major changes of an economic, physical, or social nature in the area involved that were not anticipated in the adopted comprehensive plan and that have substantially altered the basic character of the area.
   (B)   Required findings must be in writing and accompanied by a written report that explicitly describes the reasons for such findings. The findings and written report must be recorded in the minutes and records of the Planning Commission and the City Commission, as applicable.
   12.04.07   Notice to PDS.  Pursuant to KRS 147.705, the City Commission must, within 60 days after adoption of any zoning ordinance or zoning map amendment, furnish a copy of the adopted amendment to Planning and Development Services of Kenton County.
   12.04.08   Changes/Amendments to Development Plans.
   (A)   Minor Changes.
      (1)   If the submittal of detailed engineering data was waived by the Zoning Administrator in the initial submission of the development plan, then such data must be submitted for review in accordance with the building permit procedures of § 12.11 before a permit may be issued for construction.
      (2)   The Zoning Administrator, in reviewing the Stage I development plan, may authorize minor changes from the approved development plan, provided that the adjustments do not significantly affect the spatial relationship of structures, significantly change land uses, increase overall density, significantly alter circulation patterns (vehicular and pedestrian), decrease the amount or usability of open space or recreation areas, or permit activities that do not comply with this zoning ordinance.
   (B)   Amendments.  Any amendments to approved Stage I development plans, except for those minor adjustments which are permitted by the Zoning Administrator as noted in § 12.04.08(A)(2), must be resubmitted as new zoning map applications.
   12.04.09   Concurrent Processing of Variances and Conditional Use Permits.
   (A)   In accordance with KRS 100.203, an applicant, at the time of filing an application for a zoning map amendment, may elect to:
      (1)   Have any necessary variances or conditional use permits for the subject property be heard and finally decided by the Planning Commission at the public hearing on the proposed zoning map amendment, or
      (2)   Have any necessary conditional use permits or variances for the subject property be heard and finally decided by the Board of Adjustment in accordance with § 12.07 and § 12.08.
   (B)   A zoning map amendment application that includes proposed variances or conditional use permits must be accompanied by a Stage I development plan, in accordance with the applicable requirements of § 12.06.
   (C)   In acting on variances and conditional use permits processed concurrently with zoning map amendments, the Planning Commission is granted all the powers and duties otherwise exercised by the Board of Adjustment, pursuant to KRS 100.231, 100.233, 100.241, 100.243, 100.247, and 100.251.
   (D)   Any judicial proceedings to appeal the Planning Commission's actions in granting or denying any variance or conditional use permit must be taken pursuant to KRS 100.347(2).
(Ord. O-37-06, passed 8-15-06; Am. Ord. O-29-12, passed 9-4-12; Am. Ord. O-04-15, passed 3-19-15)