(A)   Filing of amendment application. All applications for amendments to this ordinance shall be filed, in writing (in triplicate), with the city. The Zoning Administrator shall, immediately transmit the application to the Planning Commission. A public hearing shall be scheduled to be held within 45 days of the date of receipt of the application by the Planning Commission. The fee required for applying for such amendment shall be as provided for by the city’s Planning Commission and/or the City Council.

   (B)   Planning Commission review required. A proposal for an amendment to this ordinance may originate with the Planning Commission, the City Council or with the owner of the property in question. Regardless of the origin of the proposed amendment, it shall be referred to the Planning Commission for its action before adoption.

   (C)   Public hearing required, notice given.

      (1)   The Planning Commission shall hold at least one public hearing on the proposed amendment, at which hearing parties in interest and citizens shall have an opportunity to be heard. Notice of time and place of such hearing shall be published at least once, but may be published two or more times in a newspaper of general circulation in the county, provided that one publication occurs not less than seven calendar days, nor more than 21 calendar days, before the occurrence of such hearing.

      (2)   In addition to the public notice requirements prescribed herein, when the Planning Commission or the City Council originates a proposal to amend the zoning map, notice of the public hearing before the Planning Commission or the City Council shall be given at least 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.

   (D)   Other hearing requirements, zoning map amendment. In addition to the public hearing notice required in division (C) above, the following notices shall also be given when a proposal is submitted by a property owner to amend the official zoning map.

      (1)   Notice of the hearing shall be posted conspicuously on the property, the classification of which is proposed to be changed four 14 consecutive days immediately prior to the hearing. Said proposed shall consist of one or more signs, constructed of durable material and clearly depicting the following information: the words “zoning change” (three-inch high lettering); current zoning classification of property and proposed zoning classification (three-inch high lettering); legal description of proposed zone change area; date, place and time of public hearing (one-inch high lettering); and address, including telephone number, of the Planning Commission where additional information regarding hearing may be obtained.

      (2)   Notice of the hearing shall be given at least 14 days in advance of the hearing by registered mail to the owners of all property adjoining the property, the classification of which is proposed to be changed. Where said property adjoins a street or alley, property abutting the opposite side of such street or alley shall be considered adjoining property. It shall be the duty of the person or persons proposing the amendment to furnish the Planning Commission with the names and addresses of the owners of all adjoining property. Records maintained by the Property Valuation Administrator may be relied upon to determine the identity and address of the said owner. In the event such property is in condominium or cooperative forms of ownership, then the person notified by mail shall be the president or chairperson of the owner group which administers property commonly owned by the condominium or cooperative owners. A joint notice may be mailed to two or more co-owners of an adjoining property who are listed in the Property Valuation Administrator’s records as having the same address.

      (3)   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, and the notice of publication shall include the street address of the property in question or, if one is not available, or if it is not practicable due to the number of addresses involved, a geographic description sufficient to locate and identify the property, and the names of two streets either side of the property which intersect the street on which the property is located. If the property is located at the intersection of two streets, the notice shall designate the intersection by name of both streets rather than the two streets on either side of the property.

   (E)   Findings necessary for map amendment. Before any map amendment is granted, the Planning Commission, or City Council, must find that the amendment is in agreement with the adopted comprehensive plan, or in the absence of such a finding, that one or more of the following apply, including the making of a written report, setting forth explicitly, the reasons and substantiation as to how each would apply, and such finding and report shall be recorded in the minutes and records of the Planning Commission or City Council:

      (1)   The existing zoning classification given to the property is inappropriate and that the proposed zoning classification is appropriate; and

      (2)   There have been major changes of an economic, physical, or social nature within the area involved which were not anticipated in the adopted comprehensive plan and which have substantially altered the basic character of such area.

   (F)   Minimum size of new zones.

      (1)   No amendment of this ordinance shall be adopted whereby the zoning classification of an area is changed unless the total area being applied for meets the following requirements as to minimum size: the zoning map shall not be amended, changed or modified in such manner as to create a freestanding zone of less than five acres, except where specific area restrictions are stipulated in this ordinance, or as outlined in the adopted comprehensive plan by the Planning Commission.

      (2)   (a)   For the purpose of computing the total size of an area to be rezoned for compliance herewith, there shall be added to such area:

            1.   The area of public rights-of-way abutting the area being changed; and

            2.   The area of any land which is contiguous to the area being changed (including land located outside the jurisdiction of the Alexandria City Council, but contiguous thereto and which land already bears the zoning classification sought for the area being changed.

         (b)   For the purpose of this section, neither continuity, nor abutment, shall be destroyed by the existence of a street, alley or the city’s corporation line.

   (G)   Planning Commission action.

      (1)   Map amendment. Following the public hearing held by the Planning Commission on a proposed map amendment, the Planning Commission shall, within 60 calendar days from the date of its receipt, make findings of fact and a recommendation of approval or disapproval of the proposed map amendment to the City Council, including a statement setting forth explicitly the reasons and substantiation for such action and the submission of a written report as required in division (E) above. A tie vote shall be subject to further consideration by the Planning Commission for a period not to exceed 30 days, at the end of which if the tie has not been broken, the application shall be forwarded to the City Council without a recommendation of approval or disapproval.

      (2)   Text amendment. Following the public hearing held by the Planning Commission of a proposed text amendment, the Planning Commission shall make a recommendation as to the text of the amendment and whether the amendment shall be approved or disapproved and shall state the reasons for its recommendation. In the case of a proposed text amendment originating with the City Council, the Planning Commission shall make its recommendation within 60 days of the date of its receipt of the proposed text amendment.

   (H)   Legislative body disposition.

      (1)   Map amendment. The City Council shall take final action upon a proposed map amendment within 90 days of the date upon which the Planning Commission takes its final action upon such proposal. It shall take a majority of the entire City Council to override the recommendation of the Planning Commission and it shall take a majority of the entire City Council to adopt a zoning map amendment whenever the Planning Commission forwards the application to the City Council without a recommendation of approval or disapproval due to a tie vote. Unless a majority of the entire City Council 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 City Council adopting the zoning map amendment shall be deemed to have passed by operation of law.

      (2)   Text amendment. It shall take an affirmative vote of a majority of the City Council to adopt a proposed text amendment.

   (I)   Submission of development plan as condition to commercial, multi-family residential, continuing care retirement community or industrial zoning map amendment. Any request for a zoning map amendment, excluding those submitted by the City Council (other than for a zone change for land under city ownership that the city intends to develop) and the Planning Commission, to any Commercial (i.e., PF, HC, NSC, B-1 and the like), Multi-Family Residential Zone (i.e., R-2, R-3 and the like), Continuing Care Retirement Community (CCRC) or Industrial Park (I-P) Zone shall be made in accordance with all applicable requirements of this ordinance, including the following.

      (1)   Application and processing. Application for a zoning map amendment shall be processed as follows:

         (a)   Application for a zoning amendment shall be filed with the Zoning Administrator as required by division (A) above and shall include a development plan in accordance with the applicable requirements of § 3.20(A) of this ordinance. The Zoning Administrator may waive the submission of such data involving detailed engineering study until such time as the zoning amendment has been granted. Pursuant to KRS 100.203(5), (6) and (7), at the time of filing an application for a zoning map amendment, an applicant may elect to have any variances or conditional use permits for the same development to be heard and finally decided by the Planning Commission at the same public hearing set for the map amendment, or by the Board of Adjustment as otherwise provided for in this ordinance and KRS Chapter 100. If the applicant elects to so have any variances or conditional use permits to be heard and finally decided by the Planning Commission, the Planning Commission shall assume all powers and duties otherwise exercised by the Board of Adjustment pursuant to KRS 100.231, 100.233, 100.237, 100.241, 100.243, 100.247 and 100.251. Any judicial proceeding to appeal the Planning Commission action authorized by this subsection in granting or denying any variance or conditional use permit shall be taken pursuant to KRS 100.347(2).

         (b)   The Planning Commission shall hold a public hearing on the proposed map amendment application and review said application with regard to the required elements of the development plan, and other applicable requirements of this section. Upon holding such a hearing, the Planning Commission shall make one of the following recommendations to the City Council: approval or disapproval, in accordance with division (G) above.

      (2)   Expiration. The zoning map amendment shall be subject to the time constraints as noted below. Upon expiration of said time period and any extensions thereto, the City Council may initiate a request for a public hearing by the Planning Commission, in accordance with the requirements of KRS Chapters 100 and 147, for the purpose of determining whether said zoning map amendment should revert to its original designation. A public hearing may be initiated if substantial construction has not been initiated within a period of 12 consecutive months from the date of approval of the map amendment by the City Council; provided that, an extension may be permitted upon approval of the City Council or its duly authorized representative, if sufficient proof can be demonstrated that the construction was delayed due to circumstances beyond the applicant’s control, and that prevailing conditions have not changed appreciably to render the approved development plan obsolete. The amount of construction that constitutes initiating substantial construction shall be as approved in the development plan by the Planning Commission.

   After a request or application for an amendment to the zoning map has been denied as a final action by the city, the property owner, option holder or other person having an interest in the property shall not be permitted to reapply for the same map amendment and/or submit the same development plan for one year from the date of such denial. This one-year restriction shall also apply where the city takes no action and the last action taken is the recommendation from the Commission of denial for the zoning map amendment proposal and the person making the request has not asked the legislative body to take further action or denial of the application is by operation of law per KRS 100.211.