ARTICLE IX
AMENDMENTS
The
regulations, restrictions, and boundaries set forth in this ordinance may from
time to time need to be amended, supplemented, changed or repealed. To make any amendments to the Zoning
Ordinance, either to the text or to the map, the following procedure shall be
followed. If any use or density is not
permitted in a zoning district by the provisions of the Zoning Ordinance, it
may not be permitted by any agency unless the Zoning Ordinance is amended
according to the amendment procedure.
900 Application for Amendment
A
proposal for amendment to the Official Zoning Map may originate with the
Planning Commission, the City Council,
The
Planning Commission may refuse the reconsideration of a denied map amendment or
the consideration of a map amendment identical to a denied map amendment within
the past year.
901 Planning Commission Procedure
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 and the bylaws of the Planning
Commission.
The
Planning Commission shall then hold at least one (1) public hearing after
notice as required by KRS 424 and KRS 100 and shall make findings of fact and a
recommendation for approval or disapproval of proposed amendment to the
respective legislative body. A tie vote
shall be subject to further consideration by the Planning Commission for a
period not to exceed thirty (30) days, at the end of which if the tie has not
been broken, the application shall be forwarded to the appropriate legislative
body without a recommendation for approval or disapproval.
902 Notice of Public Hearing
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 424 and KRS 100.
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 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.
When a hearing is scheduled
on a proposal to amend any zoning map, the following notice shall be given in
addition to any other notice required by statute, local regulation or
ordinance, per KRS 100.
A. 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 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; and
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
Zoning Administrator shall verify to the Planning Commission at the hearing
that placement occurred pursuant to the provisions of this ordinance.
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 the owner. If the property is in condominium or
cooperative forms of ownership, 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.
In addition to the public
notice requirement of this section, when the Planning Commission, Fiscal Court,
or City Council 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
owner.
903 Public Hearing on Application
After notice of the public
hearing as provided for above, the Planning Commission shall hold a public
hearing on the proposed amendment. The
Planning Commission shall submit its recommendations to the respective
governing body within ninety days after the public hearing.
904 Findings Necessary for a Recommendation of
Commission for Zoning Map Amendment
Before recommending to the
legislative body that an application for amendment to the Zoning Map be
granted, the Planning Commission 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 (1) or more of the following apply:
1. The original zoning classification given to the property
is inappropriate or improper, and that the proposed zoning classification is
appropriate; and
2. That there have been major changes of an economic, physical,
or social nature within the area involved which were not anticipated in the
Comprehensive Plan adopted by the Planning Commission and which have
substantially altered the basic character of such area.
The Planning Commission shall
also have the power to hear and finally decide applications for variances or
conditional use permits in conjunction with a requested zoning map amendment if
the proposed development requires both a map amendment and one or more
variances or conditional use permits (per KRS 100.203 (5)). Recommendations regarding these permits shall
be a part of the record forwarded to the legislative body.
After voting to recommend
that an application for amendment to the Official Zoning Map be granted or
denied, the Planning Commission shall forward its finding of fact and
recommendation in writing to the appropriate legislative body. The findings of fact and recommendation shall
include a summary of the evidence and testimony presented by the proponents and
opponents of the proposed amendment.
905 Action by Legislative Bodies on Zoning Map
Amendments
The legislative bodies 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.
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, such 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.
If the legislative body
chooses to decide the map amendment, the legislative body shall take final
action upon a proposed zoning map amendment within ninety (90) days of the date
upon which the Planning Commission takes its final action upon such
proposal. The legislative body shall
also notify the Zoning Administrator and the Chairman 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
906 Recommendation of Commission for Text Amendment
After voting to recommend
that an application for amendment to the text of this ordinance be granted or
denied, the Planning Commission shall forward its recommendation in writing to
the appropriate legislative body. In the
case of a proposed amendment originating with a legislative body, the Planning
Commission shall make its recommendation within sixty (60) days of the date of
its receipt of the proposed amendment.
907 Action by Legislative Body on Text Amendments
The legislative body shall
not act upon a proposed amendment to the text of this ordinance until it has
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 legislative body 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 ninety (90) days of the date upon which the Planning
Commission takes its final action upon such proposal.
908 Special Conditions to the Granting of Zoning
Changes
As a condition to the
granting of any zoning change, the Planning Commission shall require the
submission of a development plan as per Article V which, where agreed upon,
shall be followed. As a further
condition to the granting of a zoning change, the planning unit may require
that substantial construction be initiated within two (2) years; provided that
such zoning change shall not revert to it's original designation unless there
has been a public hearing.