§ 158.435 AMENDING OR REPEALING REGULATIONS ACCORDING TO PROCEDURE.
All zoning regulations and zoning map boundaries provided for in this chapter may be amended or repealed, but only in accordance with the procedure set forth in this subchapter.
A proposal for amendment to the zoning regulations may originate with the Joint City-County Joint City-County Planning Commission, the Glasgow City Commission or the owner of the subject property. Regardless of the origin of the proposed amendment an application must be filled with the Joint City-County Planning Commission at least 60 days prior to the regular monthly meeting date requesting the proposed amendment accompanied by such information as required by this chapter and in the form as established by the Joint City-County Planning Commission. The Joint City-County Planning Commission may require the submission of further information subsequent to the filing of an application as provided by this chapter.
Within 60 days after receipt of a request for amendment, the Joint City-County Planning Commission shall hold a public hearing at which parties in interest and citizens shall have an opportunity to be heard. Notice shall be given as required by law KRS 100.211, stating the time, place and purpose of the hearing. Following the hearing, the Joint City-County Planning Commission shall act upon the proposed amendment. A simple majority vote of all members present where there is a recommendation of approval or disapproval. Contained in the motion for approval or disapproval of the recommended amendment will be a statement of findings of fact in the case of a zoning map amendment or a statement or reasons supporting or opposing the amendment in the case of a zoning text amendment.
Within 45 days after the hearing, the Joint City-County Planning Commission shall forward a written recommendation that the proposed amendment be approved or disapproved, together with finding of fact supporting the recommendation or reasons for its recommendation in the case of text amendment, and a summary of the evidence and testimony presented by the proponents and opponents of the proposed amendment to the City Council. In the event of a tie vote by the Joint City-County Planning Commission, proposed amendment shall be subject to further consideration for a period not to exceed 30 days, at the end of which if the tie has not been broken, the proposed amendment shall be forwarded to the City Commission without a recommendation of approval or disapproval.
(A) Upon receipt of the Joint City-County Planning Commission’s recommendation, the City Council shall adopt, reject or modify the proposed amendment in accordance with its usual procedures.
(B) It shall take a majority of the entire City Commission to override the recommendation of the Joint City-County Planning Commission and it shall take a majority of the entire City Commission to adopt a zoning map amendment whenever the Joint City-County Planning Commission forwards the proposed amendment to the City Council without a recommendation of approval or disapproval due to a tie vote.
(C) Unless a majority of the entire City Commission votes to override the Joint City-County Planning Commission’s recommendation, the recommendation shall become final and effective and if a recommendation of approval was made by the Joint City-County Planning Commission, the ordinance of the City Commission adopting the zoning map amendment shall be deemed to have passed by operation of law.
(D) In the case where the proposed amendment is to the text of this chapter, it shall take an affirmative vote of a majority of the City Commission to adopt the proposed amendment.
(A) If, in accordance with the provisions of this chapter and KRS Chapter 100, changes are made in district boundaries or other matter portrayed on the official zoning map, the changes shall be made on the official zoning map promptly after the amendment has been approved by the City Council.
(B) There shall be recorded in the Barren County Court Clerk’s office a certificate of land use restrictions as required by KRS 100.3681 through 100.3684 for all zoning map amendments, development plans, unrecorded subdivision plats, variances or conditional use permits.
§ 158.441 APPEALS FROM BOARD OF ADJUSTMENT, THE JOINT CITY-COUNTY PLANNING COMMISSION OR GLASGOW CITY COMMISSION.
The following appeals may be made from a final action of either the Board of Adjustment, the Joint City-County Planning Commission or the City Commission as follows.
(A) (1) Any person or entity claiming to be injured or aggrieved by any final action of the Board of Adjustment, the Joint City-County Planning Commission or by the Glasgow City Commission shall take its appeal in accordance with the provisions of KRS 100.347.
(2) The appeal shall be taken within 30 days after the final action of the matter pending before the body.
(B) For purposes of this chapter, final action shall be deemed to have occurred on the calendar date when the vote is taken to approve or disapprove the matter pending before the body.
§ 158.435 AMENDING OR REPEALING REGULATIONS ACCORDING TO PROCEDURE.
All zoning regulations and zoning map boundaries provided for in this chapter may be amended or repealed, but only in accordance with the procedure set forth in this subchapter.
A proposal for amendment to the zoning regulations may originate with the Joint City-County Joint City-County Planning Commission, the Glasgow City Commission or the owner of the subject property. Regardless of the origin of the proposed amendment an application must be filled with the Joint City-County Planning Commission at least 60 days prior to the regular monthly meeting date requesting the proposed amendment accompanied by such information as required by this chapter and in the form as established by the Joint City-County Planning Commission. The Joint City-County Planning Commission may require the submission of further information subsequent to the filing of an application as provided by this chapter.
Within 60 days after receipt of a request for amendment, the Joint City-County Planning Commission shall hold a public hearing at which parties in interest and citizens shall have an opportunity to be heard. Notice shall be given as required by law KRS 100.211, stating the time, place and purpose of the hearing. Following the hearing, the Joint City-County Planning Commission shall act upon the proposed amendment. A simple majority vote of all members present where there is a recommendation of approval or disapproval. Contained in the motion for approval or disapproval of the recommended amendment will be a statement of findings of fact in the case of a zoning map amendment or a statement or reasons supporting or opposing the amendment in the case of a zoning text amendment.
Within 45 days after the hearing, the Joint City-County Planning Commission shall forward a written recommendation that the proposed amendment be approved or disapproved, together with finding of fact supporting the recommendation or reasons for its recommendation in the case of text amendment, and a summary of the evidence and testimony presented by the proponents and opponents of the proposed amendment to the City Council. In the event of a tie vote by the Joint City-County Planning Commission, proposed amendment shall be subject to further consideration for a period not to exceed 30 days, at the end of which if the tie has not been broken, the proposed amendment shall be forwarded to the City Commission without a recommendation of approval or disapproval.
(A) Upon receipt of the Joint City-County Planning Commission’s recommendation, the City Council shall adopt, reject or modify the proposed amendment in accordance with its usual procedures.
(B) It shall take a majority of the entire City Commission to override the recommendation of the Joint City-County Planning Commission and it shall take a majority of the entire City Commission to adopt a zoning map amendment whenever the Joint City-County Planning Commission forwards the proposed amendment to the City Council without a recommendation of approval or disapproval due to a tie vote.
(C) Unless a majority of the entire City Commission votes to override the Joint City-County Planning Commission’s recommendation, the recommendation shall become final and effective and if a recommendation of approval was made by the Joint City-County Planning Commission, the ordinance of the City Commission adopting the zoning map amendment shall be deemed to have passed by operation of law.
(D) In the case where the proposed amendment is to the text of this chapter, it shall take an affirmative vote of a majority of the City Commission to adopt the proposed amendment.
(A) If, in accordance with the provisions of this chapter and KRS Chapter 100, changes are made in district boundaries or other matter portrayed on the official zoning map, the changes shall be made on the official zoning map promptly after the amendment has been approved by the City Council.
(B) There shall be recorded in the Barren County Court Clerk’s office a certificate of land use restrictions as required by KRS 100.3681 through 100.3684 for all zoning map amendments, development plans, unrecorded subdivision plats, variances or conditional use permits.
§ 158.441 APPEALS FROM BOARD OF ADJUSTMENT, THE JOINT CITY-COUNTY PLANNING COMMISSION OR GLASGOW CITY COMMISSION.
The following appeals may be made from a final action of either the Board of Adjustment, the Joint City-County Planning Commission or the City Commission as follows.
(A) (1) Any person or entity claiming to be injured or aggrieved by any final action of the Board of Adjustment, the Joint City-County Planning Commission or by the Glasgow City Commission shall take its appeal in accordance with the provisions of KRS 100.347.
(2) The appeal shall be taken within 30 days after the final action of the matter pending before the body.
(B) For purposes of this chapter, final action shall be deemed to have occurred on the calendar date when the vote is taken to approve or disapprove the matter pending before the body.