(A) General provisions. A proposal for amendments to the zoning district map may originate only with the Planning Commission, the City Council, the owner of the subject property or a person having written authorization from the owner of the subject property. Regardless of the origin of the proposed amendment, an application must be filed with the Commission requesting the proposed amendment in such form and accompanied by information as required by this chapter and the bylaws of the Planning Commission. At the time of filing the amendment, a non-returnable filing fee shall be required as set forth in this chapter; however, there shall be no filing fee for amendment requested by the City Council, Commission or any other governmental agency. Upon filing of an application for a map amendment by a governmental body, the Commission shall promptly notify the owner of the subject property as required by KRS Chapter 100.
(B) Pre-application conference. Prior to filing an application for a zoning map amendment, the applicant is encouraged to meet with the Planning Commission to discuss the proposed amendment. The purpose of this conference is to discuss, at the earliest stages, the requirements, procedures and issues related to the proposed amendment. It is intended that this conference will help to alleviate possible conflicts by early recognition of existing conditions, necessary facilities, recommendations of the adopted Comprehensive Plan and other issues related to the proposed amendment.
(C) Notice. All procedures for public notice and publication, as well as for adoption, shall be the same as for the original enactment of a zoning regulation (KRS Chapter 100), except as provided below:
(1) Notice of the time, place and reason for public hearing shall be given at least 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; and
(2) It shall be the duty of the person or persons proposing the map amendment to furnish the Planning Commission the names and addresses of the owners of all adjoining property, including tracts across a road or street. Records maintained by the Property Valuation Administrator may be relied upon to determine the identity and address of the owner.
(D) Posting subject property.
(1) When a map amendment (zone change) is proposed, an appropriate sign stating the proposed amendment and the time, date and location of the public hearing shall be posted on the property in question, or where more than one piece of property is involved, the sign shall be posted in a central and conspicuous location.
(2) The sign shall be posted at least 14 days before the public hearing by the Secretary of the Planning Commission or a person appointed by the Planning Commission.
(E) Public hearing. Upon receipt of a completed application, receipt of fee, notice of map amendment on the subject property and notification of interested parties, the Commission shall hold a public hearing on the proposed amendment, per KRS Chapter 100.
(F) Recommendation of Planning Commission for zoning district map amendments.
(1) Before making recommendations to the City Council on a proposed map amendment, the Planning Commission shall make findings of fact, as required by KRS Chapter 100. Findings of fact made by the Commission shall be recorded in the minutes and records of the Planning Commission.
(2) After voting to recommend that an application for an amendment to the zoning map be granted or denied, the Commission shall forward its findings of fact and recommendation in writing to the City Council.
(1) Before any map amendment is granted, the Planning Commission or the City Council must find that the map amendment is in agreement with the community’s Comprehensive Plan, or, in the absence of such a finding, that one or more of the following apply and the finding shall be recorded in the minutes and records of the Planning Commission or the legislative body:
(a) The original zoning classification given to the property was inappropriate or improper; and/or
(b) There have been major changes of an economic, physical or social nature within the area involved which were not anticipated in the community’s Comprehensive Plan and which have substantially altered the basic character of the area.
(2) (a) The Planning Commission or legislative body must make findings to support these conclusions, i.e., a simple restatement of the above conditions does not constitute a proper findings of fact.
(b) The evidence adduced at the public hearing must support the findings of the Planning Commission or legislative body.
(Prior Code, § 152.105)