If an aggrieved person or the City Council files a written request that the final decision for a map amendment is to be made by the City Council, the City Council shall have the final decision on the application of the zoning map amendment. The City Council shall make their own findings of fact and conclusions of law by reviewing the record made by the Planning Commission or hold their own trial type hearing giving notice as set forth in KRS Ch. 424, 100.211, and 100.212. Council action must be in accordance with the following:
(A) A vote on a zoning change shall be taken in not more than ninety (90) days after the Planning Commission takes its final action upon the proposed amendment.
(B) It shall take a majority of the entire City Council to override the recommendation of the Planning Commission and it shall take a majority of the entire City Council to adopt a zoning map amendment whenever the Planning Commission forwards the application to the City Council without a recommendation of approval or disapproval due to a tie vote.
(C) Unless a majority of the entire City Council 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 City Council adopting the zoning map amendment shall be deemed to have passed by operation of law.
(Ord. 2003-06, passed 3-3-03; Am. Ord. O-2019-9, passed 6-17-19)