(A) Ordinance amendments. A proposal for an amendment of this chapter shall be referred to the Planning and Zoning Commission before its adoption. The Commission shall review the proposal, and shall, within sixty (60) days from the date of its receipt, recommend to the City Council as to whether it approves or disapproves of the proposed change; and, if it disapproves, state the reasons for his or her disapproval. Before the Planning Commission makes its recommendation to the City Council, said Commission shall hold at least one (1) public hearing after notice as required by KRS Ch. 424. A majority of the elected membership of the City Council shall be required to override the Planning Commission in its disapproval.
(B) Zoning map amendments. A proposal for amendment of the zoning map of the City of Morgantown, Kentucky, shall include a metes and bounds description of the same property to be rezoned, along with a plat of the same scale as the zoning map Morgantown, Kentucky, located in the office of the Zoning Administrator.
(C) Approval. Before any map amendment is granted to, the Planning and Zoning Commission and the City Council must find that the map amendment is in agreement with the communities’ comprehensive plan, or in the absence of such a finding, that one or more of the following apply, and such finding will be recorded in the minutes and records of the Planning and Zoning Commission and the City Council.
(1) That the original zoning classification given to the property was inappropriate or improper.
(2) That there have been major changes of an economic, physical, or social nature within the area involved which were not anticipated in the community comprehensive plan and which had substantially altered the basic characteristics of the neighborhood.
(D) Development plan. As a condition to the granting of any amendment to the official zoning map, the Planning Commission is authorized to require the submission of a development plan. The development plan shall be filed in accordance with the provisions of the Kentucky Revised Statutes. Where agreed upon by the applicant, this development plan shall be followed and shall be binding on all parties, their heirs, successors, and assigns. A development plan may be either a general development plan or a detailed development plan or both as specified by the Kentucky Revised Statutes.
(E) Binding elements. No binding element approved by the Planning Commission as a part of the proposed development plan shall permit the development or use of land in a manner prohibited by this chapter. To the extent of binding elements of a development plan by purports to grant such permission, it shall be deemed in conflict with the zoning district regulations and shall be void and of no effect.
(F) Recording of binding elements. Following the approval of a map amendment and general development plan, or any amendments thereto, a statement of finding elements shall be prepared by the applicant and filed in the office of the Butler County Clerk. The statement of binding elements shall contain the name of the owner at the time of per approval by the Planning Commission, a description of the property in question, source of title, and enumeration of the binding element as adopted by the applicant and the Planning Commission. The same shall be assigned by the owner/applicant who shall be responsible for all fees associated with preparation and recordation.
(G) Elements of a general development plan. A development plan means written and graphic material for the provision of the aid development including any or all of the following: location and bulk of buildings and other structures, intensity of the use, density of development, streets, ways, access points, and parking facilities, signs, drainage of surface water, a plan for screening or buffering, utilities, existing man-made and natural conditions, binding elements, all other conditions agreed on by the applicant.
(H) Action on development plan. The Planning Commission shall consider the general development plan as part of a zoning map amendment request and shall take action on the map amendment concurrently with the application for a zoning map amendment.
(I) Amendment to enacted development plan. Amendments and modifications to an improved development plan shall require the approval of the Planning Commission. Request for amendment of any such plan shall be submitted to the Planning Commission and shall contain the signature of all to the binding elements sought to be amended. Request for amendment and modification of any development plans do not need to be signed by or consented to by property owners which are not to be subject to the modification/amendment of the development plan. Interested parties including surrounding property owner shall have the right to be heard at the public hearing conducted on the amendment/modifications to the development plan.
(Ord. 88-12 Art. 4 (4.090-4.096), 1988); Am. Ord. passed - -17)