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This Ordinance, and as herein used the term ordinance shall be deemed to include the official zoning map or maps, shall not be amended except to correct a manifest error in the ordinance, or, because of changed or changing conditions in a particular area or in the City generally, to rezone an area or to extend the boundary of an existing zone in accordance with the adopted Comprehensive Plan for the City of Newport or to change the regulations and restrictions thereof, only as necessary to the promotion of the public health, safety or general welfare. Subject to the limitations of the foregoing Declaration of Public Policy, an amendment to this Ordinance may be initiated by the Board of City Commissioners or the Planning Commission on their own motion, or in the manner and pursuant to the procedure hereinafter set forth, may be initiated by any person, firm or corporation filing and application therefor with the City.
All proposed amendments to this Ordinance regardless of how or by whom initiated, shall be subject to the following limitations:
A. ADMINISTRATIVE EXAMINATION: No amendment to this Ordinance shall be adopted until the amendment has been examined by the Planning Commission as hereinafter set forth. Before any amendment is granted, the Planning Commission or the Board of the City Commissioners must find that the amendment is in agreement with the adopted Comprehensive Plan for the City of Newport 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 or Board of Commissioners.
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's Comprehensive Plan and which have substantially altered the basic character of such area.
The Commission shall review the proposal, and shall within sixty (60) consecutive calendar days from the date of its receipt, advise the Board of City Commissioners, after a public hearing, whether it recommends approval or disapproval of the change and shall state the reasons for its recommendation.
B. UNIFORMITY OF ZONE REGULATIONS AND RESTRICTIONS: No amendment to this Ordinance shall be adopted whereby the regulations and restrictions established thereby are not uniform for each zone having the same classification and bearing the same symbol or designation on the official zoning map.
C. MINIMUM SIZE OF NEW ZONES: No amendment of this Ordinance shall be adopted whereby the zoning classification of an area is changed unless the total area being applied for meets the following requirements as to minimum size. For the purpose of computing the total size of an area to be rezoned for compliance herewith there shall be added to such area;
1. The area of public rights of way interior to the area being changed;
2. One half the area of public rights of way abutting the area being changed;
3. The area of any land which is contiguous to the area being changed and which land already bears the zoning classification sought for the area being changed.
For the purpose of this section, neither continuity nor abutment shall be destroyed by the existence of a street or alley. Subject to the foregoing limitations, every zone shall be of at least the following size:
The zoning map or maps shall not be amended, changed or modified in such manner as to create a free standing zone of less than one (1) acre except where specific area restrictions are stipulated in this Ordinance or as outlined in the adopted Comprehensive Plan for the City of Newport.
No amendment including, but not limited to, changes of zoning to this Ordinance, shall become effective until after a public hearing has been held by the Planning and Zoning Commission in relation thereto at which hearing parties in interest and citizens shall have an opportunity, to be heard. Additionally where a hearing is scheduled on a proposal to amend any zoning map, plat, plan, text or regulation, the following notice shall be given in addition to any other notice required by stature by local regulation or ordinance to be given:
A. Notice of the hearing shall be posted conspicuously on the property the classification of which is proposed to be changed for fourteen (14) consecutive days immediately prior to the hearing. Posting shall be as follows:
1. The sign shall state "zoning change" and the proposed classification change in letters three (3) inches in height. The time, place and date of hearing shall be in letters at least one (1) inch in height; and
2. The sign shall be constructed of durable material and shall state the telephone number of the appropriate zoning commission; and
B. Notice of the hearing shall be given at least fourteen (14) days in advance of the hearing by first class mail, with certification by the commission secretary or other officer of the Planning and Zoning Commission that the notice was mailed to an owner of every parcel of property adjoining the property the classification of which is proposed to be changed. It shall be the duty of the person or persons proposing the map amendment to furnish the Zoning Administrator the names, property and mailing addresses of the owners of all adjoining property. Records maintained by the Property Valuation Administrator shall be relied upon to conclusively determine the identity and address of the owner. If the property is in condominium or cooperative forms of ownership, the person notified by mail shall be the president or chairman of the owner group, which administers property commonly, owned by the condominium or cooperative owners. A joint notice may be mailed to two (2) or more co-owners of an adjoining property who are listed in the property valuation administrator’s records as having the same address.
C. If the property the classification of which is proposed to be changed adjoins property in a different planning unit, or property which is not part of any planning unit, notice of the hearing shall be given at least fourteen (14) days in advance of the hearing, by first-class mail to certain public officials, as follows:
1. If the adjoining property is part of a planning unit, notice shall be given to that unit’s planning commission; or
2. If the adjoining property is not part of a planning unit, notice shall be given to the mayor of the City in which the property is located or, if the property is in an unincorporated area, notice shall be given to the judge/executive of the county in which the property is located.
D. Where property adjoins a street or alley, the classification of which is to be changed, property abutting the opposite side of such street or alley shall be considered adjoining property.
(Am. Ord. O-2016-024, passed 12-12-16)
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.
A. ADMINISTRATIVE DISPOSITION: Upon receipt of an application for an amendment from the Zoning Administrator, the Planning and Zoning Commission shall hold at least one (1) public hearing on the proposed amendment. after consideration of the proposed amendment, the Planning and Zoning Commission shall forward written notice of its findings and recommendations concerning the application to the Board of City Commissioners along with a copy of the application.
B. LEGISLATIVE DISPOSITION: Within a reasonable time after receipt of the Planning and Zoning Commission's recommendations and findings concerning the application and copy of the application, the Board of City Commissioners shall act on such application. A majority of the entire Legislative Body shall be required to override the recommendation of the Planning and Zoning Commission.
ARTICLE XVIII
BOARD OF ADJUSTMENT
BOARD OF ADJUSTMENT
A. Board Of Adjustment is hereby established for the City of Newport.
B. The Board of Adjustment shall consist of five (5) members, all of whom must be citizen members and not more than two (2) of whom may be citizen members of the Planning and Zoning Commission.
C. The mayor shall be the appointing authority of the Board of Adjustment subject to the approval of the Board of City Commissioners.
D. The term of office for the Board of Adjustment shall be four (4) years, but the term of office of members first appointed shall be staggered so that a proportionate number serve one (1), two (2), three (3) and four (4) years respectively.
E. Vacancies on the Board of Adjustment shall be filled within sixty (60) calendar days by the mayor. If the mayor fails to act within that time, the Planning and Zoning Commission shall fill the vacancy. When a vacancy occurs other than through expiration of the term of office, it shall be filled for the remainder of that term.
F. All members of the Board of adjustment shall, before entering upon their duties, qualify by taking the oath of office prescribed by SECTION 228 of the Constitution of the Commonwealth of Kentucky before any judge, notary public, clerk of a court, or justice of the peace within the district or county in which he resides.
G. Reimbursement for expenses or compensation or both may be authorized for members on the Board of Adjustment.
H. Any member of the Board of Adjustment may be removed by the mayor, subject to the approval by the Board of City Commissioners, for inefficiency, neglect of duty, malfeasance, or conflict of interest. The mayor, exercising the power to remove a member from the Board of Adjustment, shall submit a written statement to the Planning and Zoning Commission setting forth the reasons and the statement shall be read at the next meeting of the Board of Adjustment which shall be open to the general public. The member so removed shall have the right of appeal from the removal to the circuit court of the county in which he resides.
I. The Board of Adjustment shall elect annually a chairman, vice chairman, and secretary and any other officers it deems necessary, and any officer shall be eligible for re election at the expiration of this term.
A. The Board of Adjustment shall conduct meetings at the call of the chairman who shall give written or oral notice to all members of the Board at least seven (7) days prior to the meeting, which notice shall contain the date, time and place for the meeting, and the subject or subjects which will be discussed.
B. A simple majority of the total membership of the Board of Adjustment as established by regulation or agreement shall constitute a quorum. Any member of the Board of Adjustment who has any direct or indirect financial interest in the outcome of any question before the body shall disclose the nature of the interest and shall disqualify himself from voting on the question.
C. The Board of Adjustment shall adopt bylaws for the transaction of business and shall keep minutes and records of all proceedings including regulations, transactions, findings, and determinations and the number of votes for and against each question, and if any member is absent or abstains from voting, indicating the fact, all of which shall, immediately after adoption, be filed in the office of the Board of Adjustment. A transcript of the minutes of the Board of Adjustment shall be provided if requested by party, at the expense of the requesting party, and the transcript shall constitute the record.
D. The Board of Adjustment shall have the right to receive, hold, and spend funds, which it may legally receive from any and every source in and out of the Commonwealth of Kentucky, including the United States Government.
E. The Board of Adjustment shall have the power to issue subpoenas to compel witnesses to attend its meetings and give evidence bearing upon the questions before it.
F. The chairman of the Board of Adjustment shall have the power to administer an oath to witnesses prior to their testifying before the board on any issue.
Appeals to the Board of Adjustment may be taken by any person, or entity claiming to be injuriously affected or aggrieved by an official action or decision of the Zoning Administrator, however, appeals for violation of the Official Zoning Code for which a citation has been issued and a civil penalty assessed pursuant to the Appendix A Fine Schedule shall be had with the Code Enforcement Board. Such appeal shall be taken within thirty (30) calendar days after the appellant or his agent receives notice of the action to be appealed from, by filing with said Zoning Administrator and with the Board, a notice of appeal specifying the grounds thereof, and giving notice of such appeal to any and all parties of record. Said Zoning Administrator shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken and shall be treated as and be the respondent in such further proceedings. At any hearing by the Board an interested person may appear and enter his appearance, and all shall be given an opportunity to be heard. The Board of Adjustment shall fix a reasonable time for hearing the appeal and give public notice in accordance with KRS Chapter 424, as well as written notice to the appellant and the Zoning Administrator at least one (1) calendar week prior to the hearing, and shall decide on the appeal within sixty (60) consecutive calendar days. The affected party may appear at the hearing in person or by attorney.
(Am. Ord. O-2016-024, passed 12-12-16; Am. Ord. O-2019-006-A, passed 3-25-2019)
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