(A) The Fiscal Court shall not act upon a proposed amendment to the official zoning map until it has received the written findings of fact and recommendation thereon from the Planning Commission. Pursuant to KRS 100.211(1), it shall take a majority of the entire legislative body or Fiscal Court to override the recommendation of the Planning Commission and it shall take a majority of the entire legislative body or Fiscal Court to adopt a zoning map amendment whenever the Planning Commission forwards the application to the legislative body without a recommendation of approval or disapproval due to a tie vote. Unless a majority of the entire legislative body votes to override the Planning Commission’s recommendation, such recommendation shall become final and effective and if a recommendation of approval was made by the Planning Commission, the ordinance of the Fiscal Court or legislative body adopting the zoning map amendment shall be deemed to have passed by operation of law.
(B) The Fiscal Court or the legislative body shall take final action upon a proposed zoning map amendment within 90 days of the date upon which the Planning Commission takes its final action upon such proposal. The legislative body shall also notify the Administrative/Enforcement Officer and the Chairperson of the Planning Commission as to when the proposed map amendment will be reviewed by the legislative body prior to the legislative body’s final action and subsequently when action has been taken. The Planning Commission shall complete and file for recording with the County Clerk, a certificate of land use restriction for any map amendment approved with conditions by the Fiscal Court and/or legislative body.
(C) After voting to recommend that an application for amendment to the text of this chapter be granted or denied, the Planning Commission shall forward its recommendation in writing to the City Council and the Fiscal Court. In the case of a proposed amendment originating with a legislative body, the Planning Commission shall make its recommendation within 60 days of the date of its receipt of the proposed amendment.
(Ord. passed 1-11-2005)