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(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)
SUBDIVISIONS
(A) All subdivision of land shall receive Commission approval.
(B) No person or his or her agent shall subdivide any land, before securing the approval of the Commission of a plat designating the areas to be subdivided and no plat of a subdivision of land within the planning unit jurisdiction shall be recorded by the County Clerk until the plat has been approved by the Commission and the approval entered thereon in writing by the Chairperson and Secretary of the Commission.
(C) No person owning land composing a subdivision or his or her agent shall transfer or sell or agree to sell any lot or parcel of land located within a subdivision by reference to, or by exhibition, or by any other use of a plat of the subdivision, before the plat has received final approval of the Commission and has been recorded. Any such instrument of transfer, sale or contract shall be void and shall not be subject to be recorded, but all rights of the purchaser to damages are hereby reserved. The description of the lot or parcel by metes and bounds in any contract or instrument of transfer or other document used in the process of selling or transferring same shall not exempt the person attempting to transfer from penalties provided or deprive the purchaser of any rights or remedies he or she may otherwise have.
(D) Any street or other public ground which has been dedicated shall not be accepted by the Board of Commissioners until it has received recommendations from the Planning Commission.
(1995 Code, § 2.60.220)
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