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§ 156.060 APPLICATION FOR ZONING MAP AND TEXT AMENDMENTS.
   (A)   A proposal for a zoning map amendment may originate with the Planning Commission, the Murray City Council, the owner of the subject property, or by a person having notarized written authorization from the owner of the subject property. Regardless of the origin of the proposed map amendment, an application must be filed with the Planning Commission at least 21 days prior to the regular monthly meeting date requesting the proposed amendment in such form and accompanied by such information as required by the Zoning Official. The Commission may require the submission of further information subsequent to the filing of an application as provided by the zoning code. An incomplete application will not be docketed for public hearing. At the time of filing an application, a nonrefundable filing fee shall be paid according to the schedule of fees as established by this chapter; however, there shall be no filing fee for a zoning map amendment requested by the Murray City Council, the Planning Commission, or any governmental agency. Upon the filing of an application for a map amendment by a governmental body, the Commission shall promptly notify the owner of the subject property by first class mail. In accordance with KRS 100.212, regardless of the origin of a proposed zoning map amendment, the owners of all property adjoining the subject property shall be notified. Property owners across public rights-of-way shall be notified as they are considered adjoining.
   (B)   A proposal for a text amendment may originate with any person, the Planning Commission, or the Murray City Council. Regardless of the origin of the proposed text amendment, it shall be referred to the Planning Commission for review prior to a public hearing being scheduled.
(Ord. 794, passed 12-22-83; Am. Ord. 90-925, passed 7-26-90; Am. Ord. 2016-1710, passed 8-11-16)
§ 156.061 NOTICE OF PUBLIC HEARING.
   (A)   Before voting upon any proposed zoning map or text amendment, notice of the time, place, and reason for holding a public hearing shall be given as required by KRS Chapter 424 and KRS 100.211 and 100.212.
   (B)   After notice of the public hearing as provided hereinabove, the Commission shall hold at least one public hearing on the proposed amendment. The hearing will be held in accordance with procedures as outlined in KRS Chapter 100 and the published opinions of the Kentucky Court of Appeals and the Kentucky Supreme Court and any applicable published opinions of the United States Supreme Court, the United States District Courts for the Eastern and Western Districts of Kentucky, and their successors.
   (C)   The hearing will be a trial-type hearing with procedures adopted by the Planning Commission pursuant to KRS 100.345 and in compliance with the Planning Commission bylaws. No formal rules of evidence shall be required. The hearing itself shall be as informal as possible, consistent with an orderly determination in a fair and impartial manner of the issues before the Commission.
   (D)   Testimony at the public hearing shall be taken under oath administered by the Chairman of the Commission.
   (E)   After voting to recommend that an application for amendment to the zoning map be granted or denied, the Commission shall forward its findings of facts and recommendations in writing to the Murray City Council.
(Ord. 794, passed 12-22-83; Am. Ord. 90-925, passed 7-26-90; Am. Ord. 2016-1710, passed 8-11-16)
§ 156.062 PROCEDURE OF COMMISSION FOR ZONING MAP AMENDMENT.
   The Planning Commission shall follow the procedures as outlined in KRS 100.2111 when making a recommendation to approve or deny a proposed zoning map amendment. The recommendation 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 of which will be forwarded to the Murray City Council the next business day following the final action by the Planning Commission, unless within 21 days after the final action by the Planning Commission:
   (A)   Any aggrieved person files a written request with the Planning Commission that the final decision shall be made by the legislative body; or
   (B)   The legislative body files a notice with the Planning Commission that the legislative body shall decide the map amendment.
(Ord. 794, passed 12-22-83; Am. Ord. 90-925, passed 7-26-90; Am. Ord. 2005-1373, passed 3-24-05; Am. Ord. 2016-1710, passed 8-11-16)
§ 156.063 FINDINGS NECESSARY FOR MAP AMENDMENT.
   (A)   Before any zoning map amendment is granted by the Planning Commission it 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.
      (1)   The existing zoning classification given to the property is inappropriate and the proposed zoning classification is appropriate.
      (2)   There have been major changes of an economic, physical, or social nature within the area involved which were not anticipated in the adopted comprehensive plan and which have substantially altered the basic character of such area.
   (B)   The findings of fact made by the Commission shall be recorded in the minutes and records of the Commission.
   (C)   The Commission’s findings shall not merely parrot the statutory requirements of KRS 100.213. as amended but shall include sufficient findings of adjudicatory facts specific to the property requested to be rezoned and/or the surrounding areas.
   (D)   Once the Planning Commission has made a determination of fact and recommendation to the Murray City Council concerning the disposition of zoning on an individual tract of land, said tract of land, or any portion thereof, shall not be reconsidered by the Planning Commission for reclassification to the same zone for a period of at least six months, except upon application for reclassification initiated by the Planning Commission or Murray City Council.
(Ord. 794, passed l2-22-83; Am. Ord. 90-925, passed 7-26-90; Am. Ord. 2008-1468, passed 7-24-08; Am. Ord. 2016-1710, passed 8-11-16)
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