§ 154.122 COMMON REVIEW REQUIREMENTS.

   The requirements of this section shall apply to all applications and procedures subject to development review under this code, unless otherwise stated.

   (A)   Authority to file applications. Unless otherwise specified in this code, development review applications may be initiated by:

      (1)   The owner(s) of the property(ies) that is the subject of the application;

      (2)   The owner's authorized agent; or

      (3)   The City of Morehead, Kentucky.

   (B)   Fees.

      (1)   Determination of fees. Fees shall be established in Title 15, Chapter 160 : Zoning Fees in the City's Code of Ordinances.

      (2)   Fees to be paid.

         (a)   No application shall be processed, or permit issued until the established fee has been paid by the applicant.

         (b)   Fees shall be paid to the City of Morehead, Kentucky in accordance with the city's payment policies.

      (3)   Refund of fees. Application fees are not refundable, except where the City Planner determines that an application was accepted in error, or the fee paid exceeded the amount due. In such cases, the amount of overpayment shall be refunded to the applicant.

   (C)   Public notification for public hearings. Applications for development approval that require public hearings shall comply with all applicable KRS requirements and the provisions of this chapter regarding public notification.

      (1)   Content. Notices for public hearings, whether by publication or mail (written notice), shall provide the following, as applicable:

         (a)   Identify the location and size of the subject property by its address, legal description, or parcel number(s);

         (b)   Indicate the date, time, and location of the public hearing;

         (c)   Describe the nature, scope, and purpose of the application;

         (d)   Identify the location where the public may view the application and related documents;

         (e)   Include a statement that the public may appear at the public hearing, be heard, and submit written comments with respect to the application; and

         (f)   Include a statement describing where written comments should be submitted prior to the public hearing.

      (2)   Notice requirements. Notice for public hearings shall be provided as defined in Table 122-1: Public Notice Requirements.

TABLE 122-2: PUBLIC NOTICE REQUIREMENTS
Blank Box = No Notice Required
Development Review Procedure	See Section	Mailed Notice	Published Notice	Posted Notice
Zoning Text or Map Amendment	154.123	Written notice shall be sent to adjoining properties of the subject property to a minimum of 15 days prior to the date of the public hearing*	Published notice required a minimum of 7 days and not more than 21 days prior to the date of the public hearing	A sign shall be posted on the subject property a minimum of 15 days prior to the public hearing
Expansion or Substitution of a Nonconforming Use or Structure**	154.124	Written notice shall be sent to adjoining properties of the subject property to a minimum of 15 days prior to the date of the public hearing
Conditional Use Permit	154.126	Written notice shall be sent to adjoining properties of the subject property a minimum of 15 days prior to the date of the public hearing*	Published notice required a minimum of 7 days and not more than 21 days prior to the date of the public hearing	A sign shall be posted on the subject property a minimum of 15 days prior to the public hearing
Variances	154.127	Written notice shall be sent to adjoining properties of the subject property a minimum of 15 days prior to the date of the pubic hearing*	Published notice required a minimum of 7 das and not more than 21 days prior to the date of the public hearing	A sign shall be posted on the subject property a minimum of 15 days prior to the public hearing
Appeals	154.131	Written notice shall be sent to adjoining properties of the subject property a minimum of 15 days prior to the date of the public hearing*
PUD Zone Map Amendment and Concept Development Plan	154.154	Written notice shall be sent to adjoining properties of the subject property a minium of 15 days prior to the date of the public hearing*	Published notice required a minimum of 7 days and not more than 21 days prior to the date of the public hearing	A sign shall be posted on the subject property a minimum of 15 days prior to the public hearing
*Adjoining properties shall include properties on either side of the subject property and properties located directly across the street. **If required per § 154.124 .

 

      (3)   Published notice. When provisions of this code require that notice be published, a representative of the city shall prepare the content of the notice and publish the notice in a local newspaper of general circulation in Rowan County, Kentucky. The content of the notice shall be consistent with § 154.122 (C)(1): Content.

      (4)   Written notice.

         (a)   Written notice shall be by first-class mall with certification by the City Planner that the notice was mailed. It shall be the duty of the applicant to furnish the names and addresses of the owners of each property requiring mailed notification. Records maintained by the property valuation administrator may be relied upon conclusively to determine the identity and addresses of said owners.

         (b)   In the event an adjacent property is a condominium or other type of cooperative ownership then the person notified by mail shall be the president or chairperson of the owner group which manages property commonly owned by the cooperative owners. A joint notice may be mailed to two or more co-owners of an adjoining property who are listed in the property valuation administrator's records as having the same address.

         (c)   When any property within the required notification area is located within an adjoining city, county, or planning unit, notice of the hearing shall be given at least fourteen (14) days in advance of the hearing, by first-class mail to certain public officials as follows:

            1.   If the adjoining property is part of a planning unit, notice shall be given to that unit's Planning Commission.

            2.   If the adjoining property is not part of a planning unit, notice shall be given to the Mayor of the city in which the property is located or, if the property is in an unincorporated area, notice shall be given to the judge/executive of the county in which the property is located.

      (5)   Posted notice. A sign shall be posted in a conspicuous place, on the subject property, and along the primary frontage of the property. The sign shall notify the public of the pending request and shall provide information on how to contact the city for more information. (Ord. 22:2019, passed 6-10-19)