(A) Generally. A proposal for amendment to the zoning map may originate with the Commission, the City Council, the owner of the subject property or a person having written authorization from the owner of the subject property. Regardless of the origin of the proposed amendment, an application must be filed with the Department for the proposed amendment, accompanied by information as required by KRS Chapter 100, the zoning regulations and the by-laws of the Commission. At the time of filing an application for zoning map amendment, a non-refundable filing fee shall be paid as set forth by city ordinances; however, there shall be no filing fee for an amendment requested by the City Council, Commission or any other governmental body. If the hearing procedure is initiated by a party other than the owner, the Department shall promptly notify the owner of the subject property as required by KRS Chapter 100.
(B) Pre-application conference. Prior to filing an application for a zoning map amendment, the applicant shall meet with the Department to discuss the proposed amendment. The purpose of this conference is to discuss, at the earliest stages, the requirements, procedures and issues related to the proposed amendment request. It is intended that this conference will help to alleviate possible conflicts by early recognition of existing conditions, necessary facilities, recommendations of the adopted comprehensive plan and other issues related to the proposed amendment. The Department shall arrange the conference which shall be held not less than five working days nor greater than three months prior to the filing date. The Department shall keep a record of the conference date and include the information in the record of the map amendment application. The Department shall not accept an application for a map amendment for which a pre-application conference has not been held.
(C) Commission procedure. Upon the filing of an application for an amendment to the zoning map, the Department shall review the application, make whatever studies the Commission deems necessary and report its findings at a public hearing. In addition, the Commission may require the applicant to submit further information subsequent to the filing of an application as provided by KRS Chapter 100 and the by-laws of the Commission.
(D) Notice of public hearing. Notice of the time, place and reason for holding a public hearing shall be given by one publication of the newspaper of general circulation in the county, not earlier than 21 days or later than 14 days before the public hearing.
(E) Posting subject property. The Department shall post a sign as defined in KRS Chapter 100 on the property of a map amendment request at least 14 days prior to the hearing date. The sign shall be located in a conspicuous location.
(F) Public hearing. Upon receipt of a completed application, receipt of the required fee, notice of map amendment on the subject property and notification of interested parties, the Commission shall hold a public hearing on the proposed amendment.
(G) Recommendation of Commission for zoning map amendment. Before making recommendations to the City Council on a proposed map amendment, the Commission shall make findings as required in KRS Chapter 100. The findings of fact made by the Commission shall be recorded in the minutes and records of the Commission. After voting to recommend that an application for an amendment to the zoning map be granted or denied, the Commission shall forward its findings of fact and recommendation in writing to the City Council.
(Ord. 06-2008, passed 6-16-2008, § 1.18)