(A)   Whenever the general health, safety or welfare of the public or good zoning practices require, the City Council may, by ordinance after receiving a recommendation thereon from the Planning Commission and subject to procedures by law, amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property.

   (B)   No amendment, supplement, change or repeal of regulations to the text of this chapter or to the Official Zoning Map shall be contrary to the stated goals and objectives of the Comprehensive Plan, except as noted in this chapter.

(Ord. 2003-06, passed 3-3-03)

   A proposal to change the text of the zoning regulations may originate with the City Council or the Planning Commission. A proposal for a zoning map amendment may originate with the City Council, Planning Commission or with an owner of the property in question.

   (B)   When a landowner requests a change in the zoning classification of his or her land, the request must be in writing clearly stating the reason for the requested change and accompanied by a fee payable to the city and the Planning Commission in an amount set by the City Council for such requests.

(Ord. 2003-06, passed 3-3-03; Am. Ord. O-2019-9, passed 6-17-19)

   Any proposed amendment, supplement, change or repeal of this chapter or parts thereof or of the Official Zoning Map not originating upon petition of the Planning Commission shall be referred to the Planning Commission for consideration and report before any final action is taken by the City Council.

(Ord. 2003-06, passed 3-3-03; Am. Ord. O-2019-9, passed 6-17-19)

   Before voting upon any proposed amendment, notice of the time, place and reason for a public hearing shall be given as required by KRS Ch. 424, 100.211, 100.212 and 100.2111.

(Ord. 2003-06, passed 3-3-03; Am. Ord. O-2019-9, passed 6-17-19)

   After notice of the public hearing as provided for above, the Planning Commission shall hold a public hearing on the proposed amendment.

(Ord. 2003-06, passed 3-3-03; Am. Ord. O-2019-9, passed 6-17-19)

   (A)   The Planning Commission shall make its recommendation within sixty (60) days of the receipt of the administratively complete proposed amendment and forward its recommendation, in writing, to the City Council. 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 City Council without a recommendation of approval or disapproval. Before recommending that an application for an amendment to the Official Zoning Map be granted, the Planning Commission must find that the map amendment is in agreement with the community’s Comprehensive Plan or, in absence of such a finding, that:

      (1)   The original zoning classification given to the property was inappropriate or improper; or

      (2)   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.

   (B)   In accordance with KRS 100.2111, the Planning Commission recommendation relating to the proposed amendment shall become final and the map amendment shall be automatically implemented subject to the provisions of KRS 100.347, all as set forth in the Planning Commission recommendations, unless within twenty-one (21) days after the final action by the Planning Commission:

      (1)   Any aggrieved person files a written request with the Planning Commission that the final decision shall be made by the City Council; or

      (2)   The City Council files a notice with the Planning Commission that the City Council shall decide the map amendment.

(Ord. 2003-06, passed 3-3-03; Am. Ord. O-2019-9, passed 6-17-19)

   If an aggrieved person or the City Council files a written request that the final decision for a map amendment is to be made by the City Council, the City Council shall have the final decision on the application of the zoning map amendment. The City Council shall make their own findings of fact and conclusions of law by reviewing the record made by the Planning Commission or hold their own trial type hearing giving notice as set forth in KRS Ch. 424, 100.211, and 100.212. Council action must be in accordance with the following:

   (A)   A vote on a zoning change shall be taken in not more than ninety (90) days after the Planning Commission takes its final action upon the proposed amendment.

   (B)   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.

   (C)   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.

   (D)   Any person or entity claiming to be aggrieved by any final action of the legislative body relating to a map amendment, and that owns real property within the same zone where the property that is subject of the final action is located, shall appeal from the action to the Hopkins County Circuit Court. The appeal shall be taken within thirty (30) days after the final action of the legislative body.

(Ord. 2003-06, passed 3-3-03; Am. Ord. O-2019-9, passed 6-17-19; Am. Ord. 2025-12, passed 8-18-25)

   After voting to recommend that an application for amendment to the text of this chapter be granted or denied, the Planning Commission shall forward its recommendation in writing to the city.

(Ord. 2003-06, passed 3-3-03; Am. Ord. O-2019-9, passed 6-17-19)

   The City Council shall act upon a proposed amendment to the text of this chapter after it has received the written recommendation thereon from the Planning Commission. It shall take the approval by a majority of the City Council to enact a text amendment.

(Ord. 2003-06, passed 3-3-03; Am. Ord. O-2019-9, passed 6-17-19)

   A denied map amendment shall not be reconsidered for reclassification to the same zone by the Planning Commission for a period of at least six (6) months.

(Ord. 2003-06, passed 3-3-03; Am. Ord. O-2019-9, passed 6-17-19)

   (A)   Violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor.

   (B)   Any person who so violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not less than one hundred dollars ($100.00) but no more than five hundred dollars ($500.00) for each conviction. The violator shall be responsible for paying reasonable attorney fees.

   (C)   Each day of violation shall constitute a separate offense. Nothing herein contained shall prevent the city from taking any such other lawful action as is necessary to prevent or remedy any violation.

   (D)   Any person who begins construction of a structure without first obtaining a building permit shall be assessed a penalty of one hundred percent (100%) of the scheduled building permit fee, in addition to any fines and/or penalties and the fee itself.

(Ord. 2003-06, passed 3-3-03)