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The Board of Commissioners shall exercise the power to zone through zoning regulations which shall contain:
(A) A text, which shall list the types of zones which may be used, and the regulations which may be imposed in each zone, which must be uniform throughout the zone.
(1) In addition, the text shall make provisions for the granting of dimensional variances, conditional use permits and for non-conforming use of land and structures and any other provisions which are necessary to implement the zoning regulation.
(2) The Board of Commissioners shall regulate:
(a) The activity on the land, including filling or excavation of land, the removal of natural resources and the use of water courses and other bodies of water, as well as land subject to flooding;
(b) The size, width, height, bulk, location of structures, buildings and signs;
(c) Minimum or maximum areas or percentages of areas, courts, yards or other open spaces or bodies of water which are to be left unoccupied and minimum distance requirements between buildings or other structures;
(d) Intensity of use and density of population floor area to ground area ratios or other means;
(e) Districts or special interest to the proper development of the community, including, but not limited to exclusive use districts, historical districts, planned business districts, renewal, rehabilitation and conservation districts; planned neighborhood and group housing districts;
(f) Fringe areas of each district, by imposing requirements which will make it compatible with neighboring districts; and
(g) The activities and structures on the land at or near major thoroughfares, their intersections and interchanges and transportation arteries, natural or artificial bodies of water, public buildings and public grounds, aircraft, helicopter, rocket and spacecraft facilities, places having unique interest or value, flood plain areas and other places having a special character or use affected by or affecting their surroundings.
(B) The text shall provide that the Board of Commissioners, as a condition to the granting of any zoning change, shall require the submission of a development plan, which, where agreed upon, shall be followed:
(1) As a further condition to the granting of a zoning change, the Board of Commissioners shall require that substantial construction be initiated within a certain period of time of not less than 1 year.
(2) The zoning change shall not revert to its original designation unless there has been a public hearing.
(C) A map, which shall show the boundaries of the area which is to be zoned, and the boundaries of each zone;
(D) Text provisions to the effect that land which is used solely for agricultural, farming, dairying, stock-raising or similar purposes shall have no regulations imposed as to building permits, certificates of occupancy, height, yard, location of courts requirements for agricultural buildings, except that:
(1) Setback lines may be required for the protection of existing and proposed streets and highways; and
(2) All buildings or structures in a designated floodway or flood plain or which tend to increase flood heights or obstruct the flow of flood waters shall be fully regulated.
(1995 Code, § 2.60.160)
(A) When the Commission has adopted the objectives and land use plan elements for the City, the Board of Commissioners shall pass zoning regulations.
(B) (1) The Commission shall prepare the text and map of all zoning regulations and shall hold at least one public hearing as required in KRS 424.
(2) The Commission shall submit it, along with their recommendation to the Board of Commissioners, for adoption or denial. A majority of the entire Board of Commissioners shall be required to pass a zoning regulation which contains any changes or departures from the zoning regulation as proposed by the Commission after the change has been referred to the Commission for its recommendation.
(C) The procedure for adoption of the zoning regulation shall be the same as for any other regulation or order; provided, however, that, notwithstanding publication requirements, the zoning regulation shall be published by stating the title and general description of the regulation and referring to the place within the City where a copy of the complete regulation may be examined without charge.
(1995 Code, § 2.60.170)
(A) A proposal for amendment to any zoning regulation may originate with the Commission, or with the Board of Commissioners or with the owner of the property in question. Regardless of the origin of the proposed amendment, it shall be referred to the Commission before adoption. The Commission shall then hold at least one public hearing after notice as required by KRS 424 and make recommendations to the Board of Commissioners to override the recommendation of the Commission.
(B) All procedures for public notice, publication and adoption shall be made pursuant to the Kentucky Revised Statues.
(1995 Code, § 2.60.180)
(A) Before any zoning map amendment is granted, the Commission shall find that the map amendment is in agreement with the City’s comprehensive plan, or, in the absence of such a finding, that one (1) or more of the following apply and such finding shall be recorded in the minutes and records of the Commission and the Board of Commissioners:
(1) The original zoning classification given to the property was inappropriate or improper; or
(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 the area.
(B) The City hereby adopts the provisions of KRS 100.2111 as its alternate regulations concerning zoning map amendments.
(1995 Code, § 2.60.190) (Am. Ord. O-2010-023, passed 12-6-2010; Am. Ord. O-2020-019, passed 11-16-2020)
(A) The Board of Commissioners shall refer any change to the zoning regulation or official map regulation to the Commission for its review before adoption.
(B) The Commission shall review the proposal, and shall, within 60 days from the date of its receipt, advise the Board of Commissioners whether it approves or disapproves of the change, and if it disapproves, state the reasons for disapproval.
(C) A majority of the entire membership of the Board of Commissioners shall be required to override the disapproval by the Commission.
(1995 Code, § 2.60.200)
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