(A) No application submitted by a property owner, or by an applicant on behalf of a property owner, for a change in zoning form and/or district shall be scheduled for a public hearing by Louisville Metro Planning Commission staff if, at the time the application is filed:
(1) Louisville Metro has a lien on the property that is the subject of the application which has not been paid in full, provided all appeals of such liens have concluded or the time to appeal has expired (a "valid lien"); and/or
(2) The property owner is delinquent in the payment of any taxes due to the Louisville Metro Government as of the date the application is submitted, provided all appeals of such taxes have concluded or the time to appeal has expired; and/or
(3) The applicant, who may be either the property owner or an individual or entity other than the property owner, is delinquent in the payment of any taxes due to the Louisville Metro Government as of the date the application is submitted, provided all appeals of such taxes have concluded or the time to appeal has expired; and/or
(4) The applicant is subject to a valid lien by Louisville Metro that has not been paid in full, provided that all appeals of such liens have concluded and the time to appeal has expired.
Once the liens and/or delinquent taxes have been paid in full, the application may be scheduled for a public hearing by Louisville Metro Planning Commission staff.
(B) If the owner and/or applicant is not an individual, this section will also apply to (i) in the case of an owner and/or applicant that is a corporation, any shareholder owning 20% or more of voting stock, (ii) in the case of an owner and/or applicant that is a partnership, any partner, general partner or limited partner owning 20% or more of the partnership, or (iii) in the case of an owner and/or applicant that is a limited liability company, any member or manager owning 20% or more of the company.
(C) Once Louisville Metro Planning Commission staff has received a determination from the relevant Metro agencies that there are no taxes and/or liens due, that determination shall be relied upon conclusively. Any failure associated with those agencies' determination shall not invalidate the actions of the Planning Commission. Any interested party who believes that the information provided to the Metro agencies for their determination was inaccurate and/or incomplete shall raise such concerns either prior to or at the public hearing.
(D) This section shall apply to any application received after the effective date of this section and to any pending application received prior to the effective date which has not been scheduled, as of the effective date, for a public hearing by the Louisville Metro Planning Commission.
(Lou. Metro Ord. No. 92-2023, approved 8-3-2023)