(A) All regulations restrictions and boundaries provided for in this chapter may be amended or repealed, but only in accordance with the following procedures.
(B) A written request for amendment shall be presented to the Planning Commission for its study and recommendation. Any property owner or resident of the county or county officer, department, board or bureau, including the Planning Commission or a member thereof may request such amendment.
(1) Within 90 days after receipt of a request for amendment, the Planning Commission shall hold a public hearing at which parties in interest and citizens shall have an opportunity to be heard. Notice shall be given as required by law, stating the time, place and purpose of the hearing,
(2) Within 60 days after the hearing the Planning Commission shall forward a written recommendation to the county’s Fiscal Court that the proposed amendment be adopted, rejected or modified. If the Planning Commission fails to make a recommendation within the allotted time, such failure shall be construed as a favorable recommendation.
(3) Upon receipt of the Planning Commission recommendation, the Fiscal Court shall adopt, reject or modify the proposed amendment in accordance with its usual procedures. In case the project is against either of the area of the lots included in the proposed change, or of those immediately adjacent in the rear thereof extending 150 feet therefrom, or of those directly opposite thereto extending 150 feet from the street frontage of the opposite lots, an amendment shall become effective only by the favorable vote of three-fourths of all the members of the Fiscal Court.
(4) If, in accordance with the provisions of this chapter and KRS Ch. 100, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be made on the official zoning map promptly after the amendment has been approved by the Fiscal Court and an entry shall be made on the official zoning map as follows:
ON , 2020, BY OFFICIAL ACTION OF THE MCLEAN COUNTY FISCAL COURT, THE FOLLOWING CHANGES WERE MADE IN THE OFFICIAL ZONING MAP: (DESCRIPTION OF CHANGES) |
(C) A proposal for amendment of the zoning map of the county shall include a metes and sounds description of the property to be rezoned along with a plat on the same scale as the “Zoning Map of McLean County, Kentucky” located in the office of the county’s Judge Executive.
(D) Before any map amendment is granted, the Planning Commission and the Fiscal Court must find that the map amendment is in agreement with the community’s Comprehensive Plan, or in the absence of such a finding, that one or more of the following apply, and such finding shall be recorded in the minutes and records of the Planning Commission and the county’s Fiscal Court:
(1) The original zoning classification given to the property was inappropriate or improper; and
(2) There have been major changes of an economic, physical or social nature within the area involved which were not anticipated in the community’s Comprehensive Plan and which have substantially altered the basic character of such neighborhood.
(Ord. 20.920-1, passed 3- -2020)