A. Application.
1. At the time of filing an application, a non-returnable filing fee shall be paid according to the schedule of fees; however, there shall be no filing fee for an amendment requested by the City Commission or the Planning Commission. Upon the filing of an application for a zoning map amendment by the City Commission or Planning Commission, the Planning Commission shall notify the owner of the subject property (properties) by registered mail, or certified mail, at least thirty (30) days in advance of the public hearing.
2. Upon the filing of an application for an amendment to the Official Zoning Map or the text of this ordinance, the Planning Commission shall study and review the application as provided in this ordinance. If the request for a Zoning Map Amendment originates with the owner, a development plan or site plan shall be required as part of the application, and shall be in accordance with Article VII, Development Plans. Once approved by the Planning Commission, the development plan, or site plan, shall be followed.
B. Notice of public hearing.
1. The Planning Commission shall then hold at least one (1) public hearing, after notice, as required by KRS Chapter 424 and KRS Chapter 100. Notice of the time, place and reason for the required public hearing shall be given by one publication in the newspaper of general circulation in the County, not earlier than twenty-one (21) days or later than seven (7) days before the public hearing in accordance with KRS 100.211.
2. Any published notice shall include the street address of the property in question, or if one is not available or practicable due to the number of addresses involved, a geographic description sufficient to locate and identify the property, and the names of two (2) streets on either side of the property which intersect the street on which the property is located; and when the property in question is located at the intersection of two (2) streets, the notice shall designate the intersection by name of both streets rather than name two (2) streets on either side of the property.
3. When a hearing is scheduled on a proposal by a property owner to amend any zoning map, the following notices shall be given in addition to any other notices required by statute, local regulation or ordinance:
(a) A sign stating 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;
(2) The sign shall be constructed of durable material and shall state the telephone number of the Planning Commission Office; and
(3) It shall be the responsibility of the applicant to post the sign conspicuously on the property. The Administrative/Enforcement Officer shall verify to the Planning Commission at the hearing that placement occurred pursuant to the provisions of this ordinance.
(4) The Planning Commission provides the required signage for use by the property owner requesting the zone change with a refundable deposit.
(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 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 to the Planning Commission the names and addresses of the owners of all adjoining property. Records maintained by the Property Valuation Administrator may be relied upon conclusively to determine the identity and address of said owners. In the event such property is in condominium or cooperative forms of ownership, then 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) In addition to the public notice requirements of this section, when the Planning Commission, or City Commission, of any planning unit originates a proposal to amend the zoning map of that unit, notice of the public hearing shall be given at least thirty (30) days in advance of the hearing by first class mail to an owner of every parcel of property the classification of which is proposed to be changed. Records by the Property Valuation Administrator may be relied upon to determine the identity and address of said owners.
C. Public hearing.
1. After notice of the public hearing as provided for above, the Planning Commission shall hold a public hearing on the proposed amendment.
(Ord. 2014-12, passed 7-15-14)