(A)   There is hereby adopted the Plan 2040 Statement of Goals and Objectives which is attached to Louisville/Jefferson County Metro Government Ordinance No. 085, Series 2018 as if fully set forth herein.

   (B)   There is hereby adopted the Plan 2040 Plan Elements which are attached and incorporated in Louisville/Jefferson County Metro Government Ordinance No. 085, Series 2018 as if fully set forth herein.

(1994 Jeff. Code, § 153.01) (Jeff. Ord. 21-1979, adopted and effective 9-11-1979; Jeff. Am. Ord. 1-2000, adopted and effective 1-11-2000; Lou. Metro Am. Ord. No. 100-2007, approved 6-4-2007; Lou. Metro Am. Ord. No. 235-2018, approved 12-17-2018, effective 1-1-2019)

   The Planning Commission fee schedule is found in an appendix to Chapter 11 of the Land Development Code, which may be updated from time to time.

(1994 Jeff. Code, § 153.02) (Jeff. Ord. 6-1990, adopted and effective 5-22-1990; Jeff. Am. Ord. 15-1995, adopted and effective 6-27-1995; Jeff. Am. Ord. 1-1998, adopted and effective 1-13-1998; Jeff. Am. Ord. 17-2000, adopted and effective 6-27-2000; Jeff. Am. Ord. 17-2002, adopted and effective 6-12-2002; Lou. Metro Am. Ord. No. 100-2007, approved 6-4-2007; Lou. Metro Am. Ord. No. 6-2008, approved 2-18-2008; Lou. Metro Am. Ord. No. 86-2014, approved 5-23-2014)

   (A)   When public hearing dates are set by the Louisville Metro Planning Commission or a committee thereof, certain requirements must be followed in addition to procedures already in place.

   (B)   If the hearing has been scheduled at the Planning Commission regular place of business, and, if, no later than 15 days before the scheduled hearing date the Commission or committee thereof receives a petition from 300 or more property owners living within the affected Metro Council district and/or adjacent Council districts requesting that the hearing be rescheduled for a time 6:00 p.m. or later at a convenient location, the Planning Commission or committee thereof shall reschedule the hearing to a location in the vicinity of the property that is the subject of the hearing. The location shall be identified by the Planning Commission or committee thereof with input from the affected Metro Council District Office and petitioners, and the government center nearest the property that is the subject of the hearing shall be considered an appropriate location in all cases. The Planning Commission or committee thereof shall ensure that any location selected for the hearing can support a hearing, including the creation of a legally sufficient record of the proceedings. If a location suggested by the Council District Office or petitioners is rejected as inappropriate, the Planning Commission or committee thereof shall document in writing the reasons why the location is not suitable for the hearing. In the event the nearest Louisville Metro Government Center is the Planning Commission's or committee's regular place of business, the Commission or committee thereof shall not be required to hold the rescheduled meeting at an alternative location, but may schedule the meeting for 6:00 p.m. or later at its regular place of business.

   (C)   Should the Planning Commission or committee thereof find the aforesaid necessary petition to be defective in any manner or if the Planning Commission or committee is unable to reserve the nearest Louisville Metro Government Center or another suitable location for the hearing within two calendar weeks after the originally scheduled hearing date, then the Planning Commission or committee may hold the hearing at its regular place of business but at 6:00 p.m. or later.

(1994 Jeff. Code, § 153.03) (Jeff. Ord. 16-1988, adopted and effective 8-2-1988; Lou. Metro Am. Ord. No. 100-2007, approved 6-4-2007; Lou. Metro Am. Ord. No. 94-2010, approved 5-17-2010)

   (A)   No application submitted by a property owner, or by an applicant on behalf of a property owner, for a change in zoning form and/or district shall be scheduled for a public hearing by Louisville Metro Planning Commission staff if, at the time the application is filed:

      (1)   Louisville Metro has a lien on the property that is the subject of the application which has not been paid in full, provided all appeals of such liens have concluded or the time to appeal has expired (a "valid lien"); and/or

      (2)   The property owner is delinquent in the payment of any taxes due to the Louisville Metro Government as of the date the application is submitted, provided all appeals of such taxes have concluded or the time to appeal has expired; and/or

      (3)   The applicant, who may be either the property owner or an individual or entity other than the property owner, is delinquent in the payment of any taxes due to the Louisville Metro Government as of the date the application is submitted, provided all appeals of such taxes have concluded or the time to appeal has expired; and/or

      (4)   The applicant is subject to a valid lien by Louisville Metro that has not been paid in full, provided that all appeals of such liens have concluded and the time to appeal has expired.

   Once the liens and/or delinquent taxes have been paid in full, the application may be scheduled for a public hearing by Louisville Metro Planning Commission staff.

   (B)   If the owner and/or applicant is not an individual, this section will also apply to (i) in the case of an owner and/or applicant that is a corporation, any shareholder owning 20% or more of voting stock, (ii) in the case of an owner and/or applicant that is a partnership, any partner, general partner or limited partner owning 20% or more of the partnership, or (iii) in the case of an owner and/or applicant that is a limited liability company, any member or manager owning 20% or more of the company.

   (C)   Once Louisville Metro Planning Commission staff has received a determination from the relevant Metro agencies that there are no taxes and/or liens due, that determination shall be relied upon conclusively. Any failure associated with those agencies' determination shall not invalidate the actions of the Planning Commission. Any interested party who believes that the information provided to the Metro agencies for their determination was inaccurate and/or incomplete shall raise such concerns either prior to or at the public hearing.

   (D)   This section shall apply to any application received after the effective date of this section and to any pending application received prior to the effective date which has not been scheduled, as of the effective date, for a public hearing by the Louisville Metro Planning Commission.

(Lou. Metro Ord. No. 92-2023, approved 8-3-2023)

   (A)   BINDING ELEMENT. A binding requirement, provision, restriction, or condition imposed by the Planning Commission of its designee, or a promise or agreement made by an applicant in writing, in connection with the approval of a land use development plan or subdivision plan.

   (B)   LAND USE ENFORCEMENT OFFICER. An officer authorized by the Planning Commission to enforce binding elements.

   (C)   PLANNING COMMISSION. The Louisville Metro Planning Commission.

   (D)   LAND USE ENFORCEMENT OFFICER. An officer authorized by the Planning Commission to enforce binding elements.

   (E)   LAND USE ORDINANCE. An official action of the Metro Council which is a regulation of a general and permanent nature relating to the use and development of land within Jefferson County. It is enforceable as a local law and includes any provision of the Code of Ordinances which embodies all or part of an ordinance.

(1994 Jeff. Code, § 153.04) (Jeff. Ord. 21-1998, adopted and effective 10-13-1998; Jeff. Am. Ord. 33-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 100-2007, approved 6-4-2007)

   The violation of any binding element, as defined herein, shall constitute a civil offense which may subject the violator to a civil fine and/or other remedial orders of the Planning Commission in accordance with procedures set forth in this subchapter.

(1994 Jeff. Code, § 153.05) (Jeff. Ord. 21-1998, adopted and effective 10-13-1998; Lou. Metro Am. Ord. No. 100-2007, approved 6-4-2007)

   (A)   The Planning Commission may issue remedial orders and impose civil fines as a method of enforcing a binding element when a violation of that binding element has occurred.

      (1)   If the violation of a binding element would also constitute an offense under any provision of the Kentucky Revised Statutes, including specifically, and without limitation, any provision of the Kentucky Penal Code and any moving motor vehicle offense, such a violation of a binding element shall not be a civil offense under this subchapter but a criminal offense which may be prosecuted in the court of appropriate jurisdiction.

   (B)   In the exercise of its authority under this subchapter, the Planning Commission shall have the power to:

      (1)   Adopt rules and regulations to govern its operation and conduct of its hearing that are consistent with requirements of this subchapter;

      (2)   Conduct hearings to determine whether there has been a violation of a binding element;

      (3)   Subpoena alleged violators, witnesses and evidence to its hearings and all such subpoenas issued by the Planning Commission may be served by any Land Use Enforcement Officer;

      (4)   Take testimony under oath and the Chairman of the Planning Commission may administer such oaths to witnesses prior to their testimony before the Planning Commission on any matter;

      (5)   Make findings and issue orders that are necessary to remedy any violation of a binding element;

      (6)   Impose civil fines as authorized in this subchapter on any person found to have violated any binding element that the Planning Commission is authorized to enforce.

(1994 Jeff. Code, § 153.06) (Jeff. Ord. 21-1998, adopted and effective 10-13-1998; Lou. Metro Am. Ord. No. 100-2007, approved 6-4-2007)

   (A)   Enforcement proceedings for the violation of a binding element shall be initiated by the issuance of a citation by a Land Use Enforcement Officer.

   (B)   When a Land Use Enforcement Officer, based upon personal observation or investigation, has reasonable cause to believe that a violation of a binding element has occurred, the officer may issue a warning notice and citation to the offender. Prior to issuing a citation, however, the officer shall issue a warning notice giving the offender ten days, Saturdays, Sundays and holidays excluded, in which to remedy the violation. If the person to whom the notice is given fails or refuses to remedy the violation within the specified time, the Land Use Enforcement Officer may issue a citation. However, if the violation is a threat to the public safety, the Land Use Officer immediately shall issue a citation without a prior warning notice.

   (C)   The citation issued by the Land Use Enforcement Officer shall be in a form prescribed by the Planning Commission and shall contain, in addition to any other information required by the Planning Commission:

      (1)   The date and time of issuance;

      (2)   The name and address of the person to whom the citation is issued;

      (3)   The date and time the violation of the binding element was committed;

      (4)   The facts constituting the violation of the binding element;

      (5)   A specific description of the binding element violated;

      (6)   The name of the Land Use Enforcement Officer;

      (7)   The civil fine that will be imposed for the violation if the person does not contest the citation;

      (8)   The procedure for the person to follow in order to pay the civil fine or to contest the citation; and

      (9)   A statement that if the person fails to pay the civil fine set forth in the citation or to contest the citation within the time allowed, the person shall be deemed to have waived the right to a hearing before the Planning Commission to contest the citation, and that the determination that a violation was committed shall be final.

   (D)   All citations issued shall be hand-delivered to the alleged violator. After issuing a citation to an alleged violator, the Land Use Enforcement Officer shall notify the Planning Commission by delivering the citation to the administrative official designated by the Planning Commission.

   (E)   When a citation is issued, the person to whom the citation is issued shall respond to the citation within 14 days of the date the citation is issued by either paying the civil fine set forth in the citation or requesting, in writing, a hearing before the Planning Commission to contest the citation, If the person fails to respond to the citation within 14 days, the person shall be deemed to have waived the right to a hearing to contest the citation and the determination that a violation was committed shall be considered final. In this event, the Planning Commission shall enter a final order determining that the violation was committed and imposing the civil fine set forth in the citation.

(1994 Jeff. Code, § 153.07) (Jeff. Ord. 21-1998, adopted and effective 10-13-1998; Lou. Metro Am. Ord. No. 100-2007, approved 6-4-2007)

   (A)   When a hearing before the Planning Commission has been requested, the Planning Commission, through its clerical and administrative staff, shall schedule a hearing. The hearing shall be conducted within 30 days of the date of the request, unless the person who requested the hearing requests or agrees to a continuance not to exceed 30 days. All continuances must receive the approval of the Planning Commission, not less than seven days before the date set for the hearing, the Planning Commission shall notify the person who requested the hearing of the date, time and place of the hearing. The notice may be given by certified mail, return-receipt requested; by personal delivery; or by leaving the notice at the person's usual place of residence with any individual residing therein who is 18 years of age or older and who is informed of the contents of the notice. Any person requesting a hearing before the Planning Commission who fails to appear at the time and place set for the hearing shall be deemed to have waived the right to a hearing to contest the citation and the determination that a violation was committed shall be final. In this event, the Planning Commission shall enter a final order determining that the violation was committed and imposing the civil fine set forth in the citation.

   (B)   Each case before a Planning Commission shall be presented by an attorney who shall be counsel to the Planning Commission.

   (C)   All testimony before the Planning Commission shall be under oath and shall be recorded. The Planning Commission shall take testimony from the Land Use Enforcement Officer, the alleged offender, and any witnesses to the alleged violation offered by the Land Use Enforcement Officer or the alleged offender. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.

   (D)   After the hearing, the Planning Commission shall determine, based on the evidence presented, whether a violation was committed. When the Planning Commission determines that no violation was committed, an order dismissing the citation shall be entered. When the Planning Commission determines that a violation has been committed, it shall issue an order upholding the citation and may order the offender to pay a civil fine in an amount up to the maximum authorized by this chapter, or may order the offender to remedy a continuing violation within a specified time to avoid the imposition of a fine, or both, as authorized herein.

   (E)   Every final order to the Planning Commission shall be reduced to writing, which shall include the date the order was issued, and a copy of the order shall be furnished to the person named in the citation. If the person named in the citation is not present at the time a final order of the Planning Commission is issued, the order shall be delivered to that person by certified mail, return-receipt requested; by personal delivery; or by leaving a copy of the order at that person's usual place of residence with any individual residing therein who is 18 years of age or older and who is informed of the contests of the order.

(1994 Jeff. Code, § 153.08) (Jeff. Ord. 21-1998, adopted and effective 10-13-1998; Lou. Metro Am. Ord. No. 100-2007, approved 6-4-2007)

   Any final order issued by the Planning Commission with respect to a citation for the violation of a binding element may be appealed in conformity with KRS 100.413.

(1994 Jeff. Code, § 153.09) (Jeff. Ord. 21-1998, adopted and effective 10-13-1998; Lou. Metro Am. Ord. No. 100-2007, approved 6-4-2007)

   The person or entity found to have committed a violation of a binding element shall be responsible for the amount of all fines assessed for the violation. A Planning Commission may bring a civil action in its name against the person or entity and shall have the remedies provided in KRS 100.415.

(1994 Jeff. Code, § 153.10) (Jeff. Ord. 21-1998, adopted and effective 10-13-1998; Lou. Metro Am. Ord. No. 100-2007, approved 6-4-2007)

   Nothing contained in this chapter shall prohibit the Metro Government from taking immediate action in the court of appropriate jurisdiction to remedy a violation of a binding element when there is reason to believe that the existence of the binding element violation presents a serious threat to the public health, safety and welfare, or if in the absence of immediate action, the effects of the binding element violation will be irreparable or irreversible.

(1994 Jeff. Code, § 153.11) (Jeff. Ord. 21-1998, adopted and effective 10-13-1998; Lou. Metro Am. Ord. No. 100-2007, approved 6-4-2007)

   If any provision of this chapter as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application.

(1994 Jeff. Code, § 10.07) (Jeff. Ord. 36-1994, adopted and effective 12-20-1994; Lou. Metro Am. Ord. No. 100-2007, approved 6-4-2007)

   Any person who violates a binding element shall be subject to a fine or not less than $500 nor more than $4,000 and shall comply with such remedial orders as may be issued by the Planning Commission. Each day during which the binding element violation exists after the period granted by § 153.23(B) to remedy the violation shall be deemed a separate offense.

(1994 Jeff. Code, § 153.12) (Jeff. Ord. 21-1998, adopted and effective 10-13-1998; Lou. Metro Am. Ord. No. 100-2007, approved 6-4-2007)