(A) Action on zoning map amendments.
(1) The City Council shall not act upon a proposed amendment to the official zoning map until it has received the written findings of fact and recommendation thereon from the Planning Commission. The Planning Commission recommendation relating to the proposed amendment shall become final and the map amendment shall be automatically implemented subject to the provisions of KRS 100.347, as set forth in the Planning Commission recommendations, unless within 21 days after the final action by the Planning Commission:
(a) Any aggrieved person files a written request with the Planning Commission that the final decision shall be made by the appropriate legislative body; and
(b) The City Council files a notice with the Planning Commission that the City Council shall decide the map amendment.
(2) It shall take a majority of the entire legislative body to override the recommendation of the Planning Commission, and it shall take a majority of the entire legislative body to adopt a zoning map amendment whenever the Planning Commission forwards the application to the legislative body without a recommendation of approval or disapproval due to a tie vote. Unless a majority of the entire legislative body votes to override the Planning Commission’s recommendation, the recommendation shall become final and effective, and if a recommendation of approval was made by the Planning Commission, the ordinance of the legislative body adopting the zoning map amendment shall be deemed to have passed by operation of law.
(3) If the legislative body chooses to decide the map amendment, the legislative body shall take final action upon a proposed zoning map amendment within 90 days of the date upon which the Planning Commission takes its final action upon the proposal. The legislative body shall also notify the Enforcement Officer and the Chairperson of the Planning Commission as to when the proposed map amendment will be heard by the legislative body prior to the legislative body’s final action. The legislative body shall complete and file for recording with the County Clerk a certificate of land use restriction for any map amendment approved by the legislative body.
(B) Action on text amendments. The City Council shall not act upon a proposed amendment to the text of this chapter until it shall have received the written recommendation thereon from the Planning Commission. If the proposed amendment originated with the Planning Commission, it shall take a majority of the entire City Council to override the recommendation of the Planning Commission. If the proposed amendment originated with a legislative body, it shall take an affirmative vote of the majority of the legislative body to adopt the proposed amendment. The legislative body shall take final action within 90 days of the date upon which the Planning Commission takes its final action upon the proposal.
(Prior Code, § 152.315) (Ord. 920.27, passed 10-7-1993)