§ 154.276 ACTION BY LEGISLATIVE BODY ON ZONING MAP AMENDMENTS.

   (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)

§ 154.277 ACTION BY LEGISLATIVE BODIES FOR TEXT AMENDMENT.

   (A)   The Fiscal Court shall not act upon a proposed amendment to the text of this chapter until it shall have received the written recommendation thereon from the Planning Commission. If the proposed amendment originated with the Planning Commission, it shall take a majority of the entire Fiscal Court to override the recommendation of the Planning Commission. If the proposed amendment originated with a legislative body, it shall take an affirmative vote of the majority of the legislative body to adopt the proposed amendment.

   (B)   The Fiscal Court shall take final action within 90 days of the date upon which the Planning Commission takes its final action upon such proposal.

(Ord. passed 1-11-2005)

§ 154.278 SPECIAL CONDITIONS TO THE GRANTING OF ZONING CHANGES.

   As a condition to the granting of any zoning change, the Planning Commission shall require the submission of a development plan as per §§ 154.225 through 154.231, which, where agreed upon, shall be followed. As a further condition to the granting of a zoning change, the planning unit may require that substantial construction be initiated within two years; provided that such zoning change shall not revert to its original designation unless there has been a public hearing.

(Ord. passed 1-11-2005)

§ 154.279 AMENDMENT; REAPPLICATION TIMEFRAME.

   Reapplication for a zone map amendment (zone change) for a parcel shall be two years or 24 months from the date of the last application in the event a zone map amendment is denied by the Fiscal Court.

(Ord. passed 1-11-2005)

§ 154.999 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

   (B)   (1)   Failure to comply. Each day of noncompliance with the provisions of §§ 154.145 through 154.150 constitutes a separate and distinct ordinance violation. Judgment of up to $500 per day may be entered for a violation of §§ 154.145 through 154.150.

      (2)   Subject to removal. A home, sited upon property in violation of §§ 154.145 through 154.150, shall be subject to removal from such property; however, the homeowner must be given a reasonable opportunity to bring the property into compliance before action for removal can be taken. If action finally is taken by the appropriate authority to bring into compliance, the expenses involved may be made a lien against the property.

      (3)   Removal method. The Administrative/Enforcement Officer may institute a suit in an appropriate court for injunctive relief to cause such violation to be prevented, abated or removed.

(Ord. passed 1-11-2005)