(A) The Planning Commission shall make its recommendation within sixty (60) days of the receipt of the administratively complete proposed amendment and forward its recommendation, in writing, to the City Council. A tie vote shall be subject to further consideration by the Planning Commission for a period not to exceed thirty (30) days, at the end of which, if the tie has not been broken, the application shall be forwarded to the City Council without a recommendation of approval or disapproval. Before recommending that an application for an amendment to the Official Zoning Map be granted, the Planning Commission must find that the map amendment is in agreement with the community’s Comprehensive Plan or, in absence of such a finding, that:
(1) The original zoning classification given to the property was inappropriate or improper; or
(2) There have been major changes of an economic, physical or social nature within the area involved which were not anticipated in the Comprehensive Plan adopted by the Planning Commission and which have substantially altered the basic character of such area.
(B) In accordance with KRS 100.2111, the Planning Commission recommendation relating to the proposed amendment shall become final and the map amendment shall be automatically implemented subject to the provisions of KRS 100.347, all as set forth in the Planning Commission recommendations, unless within twenty-one (21) days after the final action by the Planning Commission:
(1) Any aggrieved person files a written request with the Planning Commission that the final decision shall be made by the City Council; or
(2) The City Council files a notice with the Planning Commission that the City Council shall decide the map amendment.
(Ord. 2003-06, passed 3-3-03; Am. Ord. O-2019-9, passed 6-17-19)