A. BY WHOM MADE: The owner, legal representative, Planning and Zoning Commission, or Board of City Commissioners may apply for an amendment to this Ordinance.
B. FILING OF APPLICATION: All applications for amendments to this Ordinance shall be filed in writing with the Zoning Administrator to be transmitted to the Planning and Zoning Commission on forms furnished by the Zoning Administrator (in triplicate see Appendix A). The fee required for applying for such amendment shall be as provided in SECTION 19.0 of this Ordinance.
C. SUBMISSION OF DEVELOPMENT PLAN AS CONDITION TO INDUSTRIAL, COMMERCIAL, OR MULTI FAMILY RESIDENTIAL ZONING MAP AMENDMENT: Any request for a zoning map amendment, except for requests sponsored by the Newport Board of Commissioners or by the Newport Planning and Zoning Commission, to any industrial (i.e., I 1, I 2) commercial (i.e. NC, SC, etc.) or multi family residential zone (i.e., R-4 and R-5) shall be made in accordance with all applicable requirements of this Ordinance, including the following:
1. APPLICATION AND PROCESSING: Application for a zoning map amendment shall be processed as follows:
a. Application for a zoning amendment shall be filed with the Zoning Administrator as required by Section 17.3, B., and shall include a Development Plan in accordance with the applicable requirements of SECTION 9.19, of this Ordinance. The Zoning Administrator may waive the submission of such data involving detailed engineering study until such time as the zoning amendment has been granted.
b. The Planning and Zoning Commission shall hold a public hearing on the proposed application and review said application with regard to the required elements of the Development plan, and other applicable requirements of this section. Upon holding such a hearing, the Planning and Zoning Commission shall make one of the following recommendations to the Legislative Body: approval, approval with conditions, or disapproval.
(1) The Planning and Zoning Commission, upon request by an applicant for a map amendment and one or more variances or conditional use permits, may hear and decide the applications for variances and/or conditional use permits.
(2) The Planning and Zoning Commission, when deciding applications pursuant to subsection (i) above shall assume all powers and duties otherwise exercised by the Board of Adjustments pursuant to KRS 100.231, 233, 237, 241, 243, 247, 251, and any other such section of Chapter 100 of the Kentucky Revised Statutes hereafter adopted or amended which outlines the statutory powers of the Board of Adjustments.
(3) The applicant for the map amendment which requires one or more variances and/or conditional use permits, shall at the time of filing his application, designate whether he wishes the Planning and Zoning Commission to decide that part of the application involving the variances and/or conditional use permits or whether the applicant desires to have the same heard by the Board of Adjustments. Nothing herein shall restrict or limit the power and right of the Planning and Zoning Commission to refuse to hear that part of the application involving the variances and/or conditional use permits and to direct that they shall first be heard by the Board of Adjustments.
c. The Legislative Body shall, within forty five (45) consecutive days after receiving the recommendations of the Planning and Zoning Commission, review said recommendations and take action to approve or disapprove the proposed Development plan. Such approval may incorporate any conditions imposed by the Legislative Body. However, should the Legislative Body take action to impose different conditions than were reviewed and recommended by the Planning and Zoning Commission, then said conditions shall be resubmitted to the Planning and Zoning Commission for further review and recommendations in accordance with the process required for the initial review. Approval of the zoning map amendment shall require that development be in accordance with the approved Development plan. Additionally, upon approval of the zoning map amendment. The official zoning map shall be amended for the area as shown on the approved Development Plan.
d. The Legislative Body shall forward a copy of the approved Development Plan to the Zoning Administrator or the City's duly authorized representative, for further processing in accordance with the applicable requirements of this Ordinance.
e. If the detailed engineering data required under 9.19 had been waived by the Zoning Administrator in the initial submission of the Development plan, then such data shall be submitted for review in accordance with the Site Plan requirement of SECTION 9.19 before a permit may be issued for construction. The Zoning Administrator, in reviewing the Site Plan, may authorize minor adjustments from the approved Development Plan, provided that the adjustments do not; affect the special relationships of structures, change land uses, increase overall density, alter circulation patterns (vehicular and pedestrian) decrease the amount and/or usability of open space or recreation areas, affect other applicable requirements of this Ordinance, or conflict with any conditions which may have been imposed by either the Planning and Zoning Commission or the Legislative Body in their review of said Development Plan.
2. AMENDMENTS: Any amendments to plans, except for the minor adjustments which may be permitted by the Zoning Administrator as noted above, shall be made in accordance with the procedure required by this Ordinance, subject to the same limitations and requirements as those under which such plans were originally approved.
3. EXPIRATION: The zoning map amendment shall be subject to the time constraints established below. The Legislative Body shall initiate a request for a public hearing by the Planning and Zoning Commission, in accordance with the requirements of KRS Chapter 100 and 147, if substantial construction has not been completed within a period of twelve (12) consecutive months from the date of approval of the Development Plan by the Legislative Body.
At said public hearing, the applicant shall demonstrate the following:
a. That the construction was delayed due to circumstances beyond the control of the applicant; and
b. That prevailing conditions have not changed appreciably to render the approved Development Plan obsolete.
Following said public hearing; the Planning and Zoning Commission shall forward its findings and recommendations to the legislative body concerning the following:
a. That said zoning map amendment should revert to its original designation; or
b. That the zone be changed to a more appropriate zone pursuant to changes in prevailing conditions that have rendered the approved Development Plan obsolete; or
c. That a time extension be granted and that a revised Development plan be submitted pursuant to the findings and recommendations of the Legislative Body; or
d. That said zoning map amendment should not revert to its original designation and that a reasonable time extension be granted.
The amount of construction that constitutes substantial construction shall be approved in the Development Plan.