(A) Creation of a joint planning unit.
(1) A joint planning unit is hereby created and established as authorized by the KRS Chapter 100, and other applicable laws, for all of the county and all of its cities.
(2) The joint planning unit shall be jointly financed as follows: the Cities of Crestwood, La Grange and Pewee Valley shall each remit the sum of $1 per year and the county shall bear the remaining expenses of the operation of the joint planning unit. The County Fiscal Court shall approve a budget annually for the joint planning unit, and amend it as needed. Nothing contained in this agreement shall prohibit the acceptance of funds from other sources for the expenses of the planning unit.
(B) Creation of the Planning Commission.
(1) There is hereby created a joint planning commission which shall be known as the County Joint Planning and Zoning Commission. Upon the appointment and subsequent approval of members, election of officers and adoption of its bylaws, its existence shall begin subject to the provisions of KRS Chapter 100. The Commission may engage in planning operations within its jurisdiction which shall be coterminous with its political boundaries.
(2) It being hereby resolved that the jurisdiction of the County Fiscal Court for all legislative purposes under the terms of this agreement and as provided by KRS Chapter 100, shall be all land in the county except that land located within the corporate limits of any city fully participating in the joint planning unit. It is further ordained that the jurisdiction of the City Commission for the City of Crestwood for all legislative purposes shall be all land located within the corporate limits of the sixth class city of the City of Crestwood; further resolved that the City of La Grange have legislative jurisdiction of all matters located within the municipal corporate limits of the fourth class city of the City of La Grange; and further resolved that the City of Pewee Valley have 1egislative jurisdiction of all matters 1ocated within the municipal corporate limits of the fifth class city of the City of Pewee Valley.
(3) The Planning Commission shall consist of 15 members. The County Judge-Executive and the Mayors of Crestwood, La Grange and Pewee Valley with the approval of their respective legislative bodies shall appoint the members of the Planning Commission who may be citizen members. The County Judge-Executive shall appoint ten members from the county at large. The Mayor of Crestwood shall appoint one member from within the City of Crestwood. The Mayor of La Grange shall appoint two members from within the City of La Grange. The Mayor of Pewee Valley shall appoint two members from within the City of Pewee Valley.
(4) Reimbursement of expenses incurred by members is hereby authorized. Citizen members shall receive as compensation when present the sum of $75 per meeting not to exceed 18 meetings per annum.
(5) The term of office for members shall be four years, except that the original terms shall be staggered so that a proportionate number serve one, two, three and four years respectively. Reappointments or appointments to fill vacancies shall continue the staggered pattern. All vacancies whether by resignation, dismissal or expiration of the term of office shall be filled within 60 days by the appropriate appointing authority or as otherwise provided by KRS 100.147.
(6) The oath of office shall be administered to all members of the Commission before entering upon their duties as provided by KRS 100.151. A member may be removed by the appropriate appointing authority for inefficiency, neglect of duty, malfeasance or conflict of interest. The removed members shall have the right of appeal in the manner provided by KRS 100.157.
(7) The Commission annually shall elect a Chairperson and any other officers which it deems necessary. All officers shall be citizen members, and the term of office shall be one year with eligibility for re-election.
(8) The Commission may employ a staff as it may deem necessary for its work and may contract with professional planners and other parties for those services as it may require as provided in KRS 100.173.
(9) The County Fiscal Court does hereby retain the final authority to approve all salaries, wages or contracts made or paid by the Planning Commission to any person, firm or corporation working for the Commission. The Court further expressly reserves the final authority as to the hiring or firing of all persons, firms or corporations employed by the Commission on either a full- or part-time basis. The Court reserves this authority because the county will be primarily responsible for the funding of the joint planning unit on an annual basis.
(10) The Commission shall conduct each year at least six regular meetings for the transaction of its business. The bylaws adopted by the Commission shall reflect the schedule of regular meetings; the manner in which notice shall be given; date; time; place and the subject or subjects to be discussed, as well as the method of calling and conducting the special meetings. A simple majority of the total membership shall constitute a quorum. After a quorum has been established, a simple majority of that quorum can transact any official business except in those instances where there is to be an adoption or amendment of the Commission’s bylaws or elements of the comprehensive plan, then a vote of a simple majority of the total membership shall be necessary.
(11) The Commission shall adopt and approve its own bylaws before it may properly transact any business. The bylaws shall set forth the procedures, rules and regulations necessary for the Commission to conduct its business. The bylaws shall describe the method for administration of funds and provide for an annual audit thereof. The Commission shall have general powers necessary to carry out its function in accordance with this agreement and the provisions of KRS Chapter 100. The Commission may be assigned any powers, duties and functions related to urban renewal or public housing by the Fiscal Court of the county and/or the legislative body of any participating city.
(C) Preparation of comprehensive plan. It shall be one of the duties of the Commission created by this section to prepare a comprehensive plan as required by KRS 100.183. The plan prepared by this Commission shall conform to the requirements of KRS 100.187, and other applicable provisions of the Kentucky Revised Statutes and laws of the state. The Commission shall also prepare a statement of goals and objectives as required by KRS 100.193 which statement of goals and objectives shall act as a guide for the preparation of the remaining elements and the aids to implementing the plan. The statement so prepared by the Commission shall be presented for consideration, amendment and adoption by the legislative bodies and the Fiscal Court in the planning unit. The Planning Commission shall comply with the requirements of KRS 100.197 regarding the adoption or amendment of the comprehensive plan. The various elements may be adopted as they are completed, or as a whole when all have been completed. The Planning Commission shall hold a public hearing and adopt the elements by a resolution which may be carried only by a simple majority vote of the total Commission membership.
(D) Creation of Boards of Adjustment.
(1) It is further authorized by this agreement the creation of a County Board of Adjustment, a La Grange Board of Adjustment and a Pewee Valley Board of Adjustment pursuant to the terms of KRS 100.217.
(2) The County Board shall have jurisdiction over all appropriate issues on lands located within the county outside the City of La Grange and the City of Pewee Valley. The La Grange Board shall have jurisdiction on lands located within the City of La Grange and the Pewee Valley Board on lands located within the City of Pewee Valley.
(3) Members of the County Board shall be appointed by the County Judge-Executive subject to the approval by the County Fiscal Court. Members of the La Grange Board and the Pewee Valley Board shall be appointed by the respective Mayors subject to the approval of the respective City Councils. Each Board of Adjustment shall consist of five members, all of whom must be citizen members, and not more than two of whom may be citizen members of the Planning Commission. Each Board shall hold meetings as provided by KRS 100.221, and shall comply with all other provisions of KRS Chapter 100 pertaining to those Boards of Adjustment.
(4) Reimbursement of expenses incurred by members is hereby authorized. Members of the County Board shall receive as compensation when present the sum of $75 per meeting not to exceed 18 meetings per annum.
(5) In accordance with KRS 100.217, the term of office for members shall be four years, except that the original terms shall be staggered so that a proportionate number serve one, two, three and four years respectively. Reappointments or appointments to fill vacancies shall continue the staggered pattern. All vacancies whether by resignation, dismissal or expiration of the term of office shall be filled within 60 days by the appropriate appointing authority or as otherwise provided by KRS 100.217.
(6) The oath of office shall be administered to all members of the Boards before entering upon their duties as provided by KRS 100.217. A member may be removed by the appropriate appointing authority for inefficiency, neglect of duty, malfeasance or conflict or interest. The removed members shall have the right of appeal in the manner provided by KRS 100.217.
(7) Each Board annually shall elect a Chairperson, Vice-Chairperson and Secretary and any other officers which it deems necessary. All officers shall be citizen members, and the term of office shall be one year with eligibility for re-election.
(8) An provided in KRS 100.237, each Board shall have the power to hear and decide applications for conditional use permits to allow the proper integration into the community of uses which are specifically named in the zoning regulations and which may be suitable only in specific locations in the zone only if certain conditions are met. Further, each Board shall have the power to hear and determine applications for dimensional variances as provided by KRS 100.241. Each Board shall not possesses the power to grant a variance to permit a use of any land, building or structure which is not permitted by the zoning regulation in the zone in question, or to alter density requirements in the zone in question, as provided in KRS 100.247.
(E) Final authority of legislative bodies. There is hereby expressly reserved to the County Fiscal Court, the City Commission of Crestwood and the City Councils of La Grange and Pewee Valley, the reviewing authority to determine the final validity of any text amendment of any zoning regulations, and any zoning map amendments within the boundaries of each of their respective jurisdictions as established by this section, and as provided by KRS 100.205, KRS 100.207 and KRS 100.211.
(F) Filing written agreement. The planning unit shall comply with the provisions of KRS 100.127 and see that this written agreement for the joint planning unit between the County Fiscal Court and the City Commission for the City of Crestwood and the City Councils for the Cities of La Grange and Pewee Valley is duly recorded. Upon its completion, the agreement should be filed in the office of the County Court Clerk, and the office of the Clerk of each city participating in the planning unit.
(G) Continuation of existing regulations. It is hereby expressly authorized and approved that all zoning and subdivision regulations as now exist in the county, the City of Crestwood, the City of La Grange and the City of Pewee Valley shall continue in full force and effect following adoption of this amended agreement.
(H) Amendment of agreement. This agreement may be amended by the mutual consent of the parties hereto.
(I) Separability. Should any section or provision of this agreement be declared by the courts to be unconstitutional or invalid, that decision shall not affect the validity of this agreement or ordinance as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid specifically.
(J) Repeal of conflicting ordinances. All orders, ordinances, resolutions or parts of these orders, ordinances or resolutions in conflict with this section, or inconsistent with the provisions of this section are hereby repealed to the extent necessary to give this order full force and effect. This section shall become effective upon the date of its passage and publication according to law.
(K) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. All terms used herein shall have the same meaning as those defined by KRS 100.111 and other provisions of KRS Chapter 100.
CITIES. Crestwood, La Grange and Pewee Valley.
CITIZEN MEMBER. Any member of the Planning Commission or Board of Adjustment who is not an elected or appointed official or employee of a city or county.
CITY COMMISSION and CITY COUNCIL. The governing legislative bodies of the cities participating in this joint planning unit.
COURT or COUNTY. The Oldham County Fiscal Court or Oldham County.
(Ord. KOC 93-221-43, passed 12-7-1993)