(A) It is hereby declared the intent and policy and recommendation of the City Council that proponents and opponents of zoning matters have all their witnesses, exhibits, and other evidence introduced at the hearing held by the City-County Planning and Zoning Commission, and it is further declared that any hearings to be held before the City Council are not to be a substitute for the hearing before the City-County Planning and Zoning Commission.
(B) After the Planning and Zoning Commission hearing, granting, or denying a request for a zoning map amendment, the County Fiscal Court may conduct a first reading of an ordinance approving the Planning and Zoning Commission’s recommendation and proceed to advertise for a second and final reading thereon. Said advertising and the notice for a second and final reading and consideration shall comply all appropriate notice provisions, including, the notice requirements of KRS 424 and KRS 83A.
(C) Within ten days after the Planning and Zoning Commission hearing, or, at any time prior to the second and final reading at the ordinance referred to in division (B) above, but before and not on the same
day as the final reading occurs, any party objecting to the recommendation of the Planning and Zoning Commission may file, in the office of the City Clerk, and in the office of the Mayor, with copies to the County Attorney and the City-County Planning and Zoning Commission, a notice of opposition to the recommendation of the Planning and Zoning Commission and request a hearing thereon.
(1) Said notice shall be styled “notice of opposition to Planning and Zoning Commission recommendation and request for hearing”. This notice in this section be referred to as the “notice”.
(2) The notice shall also be mailed, return receipt requested, to the original applicant for the zoning map amendment, or, said applicant’s attorney; or, if the notice is filed by the original applicant, the notice shall be mailed, return receipt requested, to all owners of property adjoining the property the classification of which is proposed to be changed. Certifications of mailing and/or deliveries under this section shall be set forth in the notice and copies of the notice with return receipts shall be filed with the Planning and Zoning Commission.
(3) The notice shall state the date and time the request for a hearing will be made, as described in division (E) below.
(D) (1) The party filing the notice referred to in this section shall contemporaneously with filing the notice, transmit a copy of the transcript, if a court reporter was present at the meeting of the Planning and Zoning Commission, or in the absence of a transcript then the minutes of such meeting, to the Mayor, each of members of the City Council, and the City Attorney. Said transcript shall be prepared at the party’s expense who filed the notice and shall be hand-delivered to the recipients named or mailed to them, registered mail return request requested.
(2) The notice shall certify that the transcript has been transmitted according to the requirements of this section. In the event a transcript cannot be prepared within the time limits set forth by this section, the City Council may grant additional time for good cause shown.
(E) At the next regular meeting of the City Council, after the receipt of the transcript by the City Council and the City Mayor, but not less than seven days after receipt of said transcript, the party filing the notice shall appear before the City Council and make a request for a hearing thereon.
(F) (1) The City Council, after notice is filed, and after the transcript has been received as provided in this section, and after a personal request for a hearing is made, may vote to have a hearing, and if so, shall designate the type of hearing to be held, to-wit: a de novo trial type hearing or a hearing on the record before the Planning and Zoning Commission.
(2) In the event the City Council decides, by a majority vote to have a hearing, the following shall apply.
(a) No later than 20 days prior to the trial type hearing or the hearing on the record, referred to in this division (F), the original applicant for the zoning map amendment, shall furnish to the Planning and Zoning Commission a current list of the names and addressed of all owners of property adjoining the property the classification of which is proposed to be changed.
(b) The notice requirements of KRS 100.212 and all other requirements of the Kentucky Revised Statutes as to notices shall apply.
(c) Said hearing shall be held not later than 60 days from the date the notice is filed in the office of the City Clerk.
(G) In the alternative, the City Council may refuse and/or decline to grant a hearing and proceed with the readings of the ordinance approving the recommendation of the Planning and Zoning Commission. In order for the parties filing the notice and requesting the hearing to receive said hearing, it is necessary that a majority of the members of the City Council present vote to have said hearing.
(H) (1) All costs incurred by reason of the appeal and/or request for review set forth in this section shall be paid by the party filing the notice.
(2) Said costs shall include, but not be limited to, the following:
(a) Cost of transcript;
(b) Cost of publication of notices required by this section and/or commonwealth law;
(c) Cost of republication of notices necessitated by virtue of the appeal and/or request for review; or
(d) Incidental costs of hearing such as printing and postage.
(3) The City-County Planning and Zoning Commission is hereby authorized to compute said costs in advance, including any reasonably anticipated costs to the City Council, and is hereby authorized to charge and collect said amount from the party filing the notice, at the time the notice is filed or at any time thereafter. The City-County Planning and Zoning Commission may require payment of said costs in advance of the decision of the City Council to grant or decline the requested hearing for the zoning map amendment.
(I) Pursuant to KRS 100.212, it shall take a majority of the entire City Council to override the recommendation of the City-County Planning and Zoning Commission.
(J) Failure to abide by this section may be grounds for the City Council to refuse to grant a hearing to the party seeking such hearing.
(Ord. 666-98, passed 12-21-1998)