A. Filing of amendment application: all applications for amendments to this appendix shall be filed, in writing, with the City Inspector/Zoning Administrator and/or their duly authorized representative to be transmitted to the Planning Commission on forms furnished by the City Inspector/Zoning Administrator and/or their duly authorized representative.
B. Planning commission review required: a proposal for an amendment to this appendix may originate with the Planning Commission, the City Council, or with the owner of the property in question. Regardless of the origin of the proposed amendment, it shall be referred to the Planning Commission for its action before adoption by the City Council.
C. Public hearing required, notice given: the Planning Commission shall hold at least one public hearing on the proposed amendment, at which hearing parties in interest and citizens shall have an opportunity to be heard. Notice of the time and place of the hearing shall be published at least once, but may be published two or more times in a newspaper of general circulation in the County provided that one publication occurs not less than seven (7) calendar days nor more than twenty-one (21) calendar days before the occurrence of the hearing.
D. Other hearing requirements, zoning map amendment: in addition to the public hearing notice required in division C. above, the following notices shall be given when a proposal is submitted to amend the official zoning map;
1. Notice of the hearing shall be posted conspicuously on the property, the classification of which is proposed to be changed. The posting shall consist of one or more signs clearly depicting the following information: current zoning classification of property; proposed zoning classification; date, place, and time of public hearing; and contact where additional information regarding hearing may be obtained; and
a. Notice of the hearing shall be given at least ten (10) days in advance of the hearing by personal , courier or mail service with return receipt requested, to the owners of all 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 shall be considered adjoining property.
b. It shall be the duty of the applicant proposing the amendment to furnish to the Planning Commission and/or their duly authorized representative the names and addresses of the owners of all adjoining properties.
E. Findings necessary for map amendment: before any map amendment is granted, the Planning Commission, or the City Council, must find that the amendment is in agreement with the adopted Comprehensive Plan or in the absence of a finding, that one or more of the following apply, including the making of a written report, setting forth explicitly the reasons and substantiation as to how each would apply, and the finding and report shall be recorded in the minutes and records of the Planning Commission or City Council.
1. That the original zoning classification given to the property was inappropriate or improper; or
2. That there have been major changes of an economic, physical, or social nature within the area involved which were not anticipated in the Comprehensive Plan and which have substantially altered the basic character of that area.
F. Minimum size of new zones: no amendment to this appendix shall be adopted whereby the zoning classification of an area is changed unless the total area being applied for meets the following requirements as to minimum size: the zoning map shall not be amended, changed, or modified in a manner as to create a free standing zone of less than five acres, except where specific area restrictions are stipulated in this appendix, or as outlined in the adopted Comprehensive Plan by the Planning Commission. For the purpose of computing the total size of an area to be rezoned for compliance herewith, there shall be added to such area: the area of public rights-of-way interior to the area being changed; one-half the area of public rights-of-way abutting the area being changed; and the area of any land which is contiguous to the area being changed (including land located outside the jurisdiction of the City but contiguous thereto and which land already bears the zoning classification sought for the area being changed). For the purpose of this section, neither continuity nor abutment shall be destroyed by the existence of a street, alley, or city’s corporation line.
G. Planning Commission action: following the public hearing held by the Planning Commission on the proposed amendment, the Commission shall, within sixty (60) calendar days from the date of its receipt, advise the City Council whether it approved or disapproved of the amendment to the zoning regulation, including a statement setting forth explicitly the reasons and substantiation for that action and, in the case of a map amendment, the submission of a written report as required in division E. above.
H. City Council’s disposition: within a reasonable time after receipt of the Planning Commission’s recommendations and findings concerning the application, the City Council shall act on the application. A majority of the entire City Council shall be required to override the recommendation of the Planning Commission.
I. Submission of development plan as condition to a zoning map amendment: any request for a zoning map amendment, excluding those submitted by the Planning Commission or City Council (other than for a zone change for land under city ownership that the city intends to develop), to any zone shall be made in accordance with all applicable requirements of this appendix, including the following:
1. Application and processing: the zoning map amendment shall include a development plan in accordance with the applicable requirements of § 9.19 of this appendix and shall be processed in the following manner.
a. Application for a zoning amendment shall be filed with the City Inspector/Zoning Administrator as required by division A. of this section and shall include a development plan in accordance with the applicable requirements of § 9.20.A.
b. The Planning Commission shall hold a public hearing on the proposed application and review the application with regard to the required elements of the development plan, and other applicable requirements of this section. Upon holding a hearing, the Planning Commission shall make one of the following recommendations to the City Council: approval, approval with conditions, or disapproval. The Planning Commission shall submit, along with their recommendation, a copy of the development plan and the bases for their recommendation.
c. 1) The City Council shall, within 45 days after receiving the recommendations of the Planning and Zoning Commission, review those recommendations and take action to approve or disapprove the proposed development plan. The approval may incorporate any conditions imposed by the City Council. However, should the City Council take action to impose different conditions than were reviewed and recommended by the Planning Commission, then those conditions shall be resubmitted to the Planning Commission for further review and recommendations in accordance with the process required for the initial review.
2) Approval of the zoning map amendment shall require that development be in accordance with the approved development plan. Additionally, upon approval of the zoning map amendment, the official zoning map shall be amended for the approved area.
d. 1) The City Council shall forward a copy of the approved development plan to the City Inspector/Zoning Administrator and/or their duly authorized representative for further processing in accordance with the applicable requirements of this appendix.
2) The City Inspector/Zoning Administrator and/or their duly authorized representative, in reviewing the site plan, may authorize minor adjustments from the approved development plan, provided that the adjustments do not: affect the spatial relationship of structures, change land uses, increase overall density, alter circulation patterns (vehicular and pedestrian), decrease the amount or usability of open space or recreation areas, or affect other applicable requirements of this appendix.
2. Amendments: any amendments to plans, except for the minor adjustments which may be permitted by the City Inspector/Zoning Administrator and/or their duly authorized representative as noted above, shall be made in accordance with the procedure required by this appendix, subject to the same limitations and requirements as those under which those plans were originally approved.
3. Expiration: the zoning map amendment shall be subject to the time constraint, as noted below. Upon expiration of the time period and any extensions thereto, the City Council may initiate a request for a public hearing by the Planning Commission, 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 Planning Commission within a twelve (12) months period from the date of final approval of the zoning map amendment by the city;
b. Substantial construction has not been initiated within a twelve (12) months period from the date of approval of the site plan by the Planning and Zoning Commission.
c. A written extension was not permitted by the city, Planning Commission or its duly authorized representative. An extension may be permitted upon approval of the Planning Commission 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. 2017-6, passed 4-4-17)