Loading...
Whenever the public necessity, convenience, general welfare or good zoning practices require, City Council may by ordinance after receipt of recommendations thereon from the Planning Commission, and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property.
(Ord. 2013-2, passed 2-7-2013)
(A) Amendments to the official zoning map may be initiated in one of the following ways:
(1) By adoption of a motion by the Planning Commission;
(2) By adoption of a resolution by City Council; and
(3) By a property owner filing an application.
(B) Applications for amendments proposing to amend, supplement, change or repeal portions of this chapter other than the official zoning map may be initiated by either the Planning Commission or City Council following the procedures as outlined in KRS 100.211.
(Ord. 2013-2, passed 2-7-2013)
(A) Applications for amendments to the official zoning map adopted as part of this chapter by § 153.016, official zoning map shall contain at least the following information:
(1) Name, address and phone number of applicant;
(2) Legal authorized signature of property owner;
(3) Proposed amending ordinance, approved as to form by the city legal advisor;
(4) Present use;
(5) Present zoning district;
(6) Proposed zoning district;
(7) A vicinity map at scale approved by the Zoning Inspector showing property lines, thoroughfares, existing and proposed zoning, and such other items as the Zoning Inspector may require;
(8) A list of all property owners and their mailing addresses who are within, contiguous to, or directly across the street from the parcel(s) proposed to be rezoned and others that may have a substantial interest in the case;
(9) A statement on how the proposed amendment meets the criteria for amendments as stipulated in KRS 100.213; and
(10) A fee as established by City Council according to Appendix D, attached to the ordinance from which this chapter is derived, adopted by reference in § 153.272.
(B) As a condition of granting any amendment to the official zoning map, the Planning Commission may require the submission of a development plan. When required, the development plan shall be filed in accordance with the provisions of KRS 100.203(2) and contain information as outlined in §§ 153.220 through 153.222. Where agreed upon, this development plan shall be followed and shall be binding on all parties. In addition, in cases where a development plan is required and agreed to, the Planning Commission may require that substantial construction be initiated within a period of not less than one year.
(C) The Planning Commission shall assume all duties otherwise exercised by the Board of Zoning Adjustment pursuant to KRS 100.231, 100.233, 100.237, 100.241, 100.247 and 100.251 in cases where a proposed development requires a map amendment and one or more variances or conditional use permits. Application for variances and conditional uses may be filed concurrently with the application for zoning map amendment on the same property to be considered by the Planning Commission for a map amendment. The applicant for the map amendment, at the time of filing the application for the map amendment, may elect to have any variances or conditional use permits, for the same development, heard and finally decided by the Planning Commission at the same public hearing set for the map amendment or by the Board of Zoning Adjustment as otherwise provided for in §§ 153.095 through 153.103 or §§ 153.267 through 153.271.
(D) The reconsideration of a denied map amendment or consideration of a map amendment identical to a denied map amendment is prohibited for a period of two years.
(Ord. 2013-2, passed 2-7-2013)
The Planning Commission shall schedule a public hearing after a petition is received. Publication of public hearing shall be not less than 14, nor more than 21, days from the date of the hearing. Notices shall be in the newspaper as described in § 153.206. In a situation where these requirements are in conflict with current state statutes, the notification for public hearing must comply with the statutory requirements for map and text amendment.
(Ord. 2013-2, passed 2-7-2013)
(A) Notice of public hearing shall be given by the Planning Commission by at least one publication in one or more newspapers of general circulation in the city affected. Said notice shall be published at least 14 days before the date of the required hearing. The published notice shall conform to local procedures setting forth the time and place of the public hearing and a summary of the proposed amendment. In a situation where these requirements are in conflict with current state statutes, the notification for public hearing must comply with the statutory requirements for map and text amendment.
(B) For a map amendment, notice of the public hearing shall be given at least 14 days in advance of the hearing by certified mail, return receipt requested to the owners of property adjoining property classification of which is proposed to be changed. In a situation where these requirements are in conflict with current state statutes, the notification for public hearing must comply with the statutory requirements for map and text amendment.
(Ord. 2013-2, passed 2-7-2013)
Loading...