(A) Planning Commission action.
(1) The procedure for obtaining a zoning map amendment shall be the same defined in KRS Chapter 100 and in addition, as follows:
(a) If no general development plan is submitted with a zoning map amendment application, then the Planning Commission shall hold at least one public hearing and shall vote either to recommend approval or denial of the zoning map amendment and shall forward such recommendation to the appropriate legislative body for final action.
(b) If a general development plan is submitted with a zoning map amendment application, then a general development plan public hearing shall be conducted concurrently with the zoning map amendment public hearing.
(c) If a general development plan is not submitted with a zoning map amendment application but is subsequently filed in accordance with this subchapter, then a general development plan public hearing shall be conducted concurrently with the zoning map amendment public hearing.
(d) Following the concurrent public hearing the Planning Commission shall then first vote on the general development plan and following such vote shall then vote on the zoning map amendment.
(e) The Planning Commission may approve with binding elements or disapprove the general development plan.
(f) If the Planning Commission approves the general development plan with binding elements and recommends approval of the zoning map amendment, then the approved zoning map amendment shall be forwarded to the appropriate legislative body for final action.
(g) If the Planning Commission approves the general development plan with binding elements and recommends disapproval of the zoning map amendment, then the disapproved zoning map amendment shall be forwarded to the appropriate legislative body for final action.
(h) If the Planning Commission votes disapproval of the general development plan and votes to recommend disapproval of the zoning map amendment, then the recommendation for disapproval of the zoning map amendment shall be forwarded to the appropriate legislative body for final action.
(i) If the Planning Commission disapproves the general development plan and recommends approval of the zoning map amendment, then the Planning Commission shall set out in writing the changes that will render the general development plan acceptable.
1. A. The Planning Commission shall forward its findings to the applicant in writing within 15 days of the Planning Commission action. The applicant may submit a revised general development plan within 15 days of the date of the Planning Commission vote to disapprove the general development plan.
B. If no amended general development plan is filed within said 15-day period, then the Planning Commission shall hold a public hearing, advertised pursuant to KRS Chapter 424, and shall vote to recommend disapproval of the zoning map amendment then the disapproved zoning map amendment shall be forwarded to the appropriate legislative body for final action.
2. If an amended general development plan with binding elements which addresses each of the written reasons for disapproval by the Planning Commission is submitted to the Planning Commission within 15 days of its action to disapprove the general development plan, then the Planning Commission shall hold a public hearing, advertised pursuant to KRS Chapter 424, to review the amended general development plan with binding elements and shall determine whether or not said amended general development plan with binding elements satisfies the written reasons for disapproval. If the Planning Commission finds the amended general development plan with binding elements does not meet the written reasons for disapproval, then the Planning Commission shall vote to recommend disapproval of the zoning map amendment.
3. The disapproved zoning map amendment shall be forwarded to the appropriate legislative body for final action. If the Planning Commission finds that the amended general development plan with binding elements does meet the written reasons for disapproval then the approved zoning map amendment shall be forwarded to the appropriate legislative body for final action.
(B) Detailed development plan. Within one year of the final action on the zoning map amendment as defined by this chapter or within five years from the date of enactment of this amendment to this chapter, where a zoning map amendment is not required, a detailed development plan shall be submitted to the Planning Commission for review and approval; provided, however, if the plan is not submitted, then an application shall be filed by the Planning Commission to revert the zoning district designation to its previous zoning designation. Said application for reverting the zoning designation shall be processed as any other zoning application. The detailed development plan shall conform to the approved general development plan and to the requirements of this subchapter. The Planning Commission shall approve the detailed development plan when it makes a determination that the detailed development plan conforms to the general development plan and other requirements of this subchapter.
(C) Condition of enactment. A condition to the enactment of any zoning map amendment applied for pursuant to this section shall be established requiring that building permits for improvement of any such property be issued only in conformance with the binding elements of the general development plan or where required a detailed development plan. Such binding elements shall be strictly complied with and be enforceable in the same manner as this chapter.
(Ord. 665-98, passed 12-21-1998)