Springfield City Zoning Code

AMENDMENTS

§ 156.110 ZONING CODE AND ZONING MAP AMENDMENTS.

This chapter and the zoning map may be amended or repealed but only in accordance with the procedures set forth in KRS Chapter 100 and in this subchapter.

(Ord. 2024-004, passed 12-23-2024)

§ 156.111 ZONING TEXT AMENDMENT PROCEDURES.

The procedure for amendments to this chapter shall be the same as the adoption of the original zoning ordinance and as set forth in KRS Chapter 100.

(A) Origination of zoning text amendment. A proposal to amend the text of this chapter may originate with the Planning Commission or City Council. The Planning Commission must hold at least one public hearing after proper notice is given.

(B) Public notice. The Planning Commission shall publish in a newspaper of general circulation in the city and county at least seven days and no more than 21 days before the public hearing in accordance KRS Chapter 424.

(C) Public hearing and Planning Commission action. The Planning Commission shall hold at least one public hearing and 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.

(D) Legislative body action. The Planning Commission shall make a recommendation on the proposed zoning text amendment to the City Council, and City Council shall take final action on the zoning map amendment and shall approve or disapprove the zoning map amendment pursuant to KRS Chapter 100. Approval of the zoning ordinance text amendment shall take an affirmative vote of a majority of the City Council.

(Ord. 2024-004, passed 12-23-2024)

§ 156.112 ZONING MAP AMENDMENT PROCEDURES.

The procedures for zoning map amendments shall be the same as defined in KRS Chapter 100 and in addition, as follows.

(A) Origination of zoning map amendment. A proposal for a zoning map amendment may originate with the Planning Commission, the City Council or an owner of the property in question. Regardless of the origin of the proposed amendment, a pre-application conference must be conducted and a written application must be filed with the Planning Commission as set forth in this chapter.

(B) Pre-application conference. Prior to filing an application for a zoning map amendment, the applicant shall meet with the Planning Commission’s Administrative Official to discuss the proposed amendment, requirements, procedures and issues related to the proposed zoning map amendment. This pre-application conference is intended to alleviate potential problems and conflicts by recognition, and consideration of existing conditions, necessary facilities, Comprehensive Plan recommendations and other issues related to the proposed amendment. The pre-application conference shall be held no less than five working days and no more than three months prior to the filing of a zoning map amendment application. The Planning Commission shall not accept a zoning map amendment application if a pre-application conference has not been conducted.

(C) Zoning map amendment application. An application for a zoning map amendment must be filed with the Planning Commission and must include the following information and documentation:

(1) Application signed by an owner or the owner’s agent;

(2) Plat and site plan of the property in question, prepared by licensed land surveyor, including the following information:

(a) Names of owner(s) and applicant(s);

(b) Scale and north arrow;

(d) Lot dimensions and setbacks;

(e) Locating distance to nearest road or railroad centerlines or rights-of-way;

(f) Address of property or intersecting street on each side;

(g) Rights-of-way of road and pavement width;

(h) Adjacent property, showing property lines and names of adjacent property owner(s);

(i) Acreage of property;

(j) Vicinity map;

(k) Surveyor’s stamp and certification;

(l) Floodplain area(s) and FEMA certification;

(m) Exterior dimensions and use of all existing and proposed structures; and

(n) Any and all other information necessary for determining conformance with the zoning ordinance.

(3) Listing of adjoining property owners obtained from the County Property Valuation Administrator’s records, including name(s), mailing addresses, PVA number and property street address;

(4) Certificate from the County Health Department approving the proposed water and sewerage facilities;

(5) Fifteen copies of a development plan prepared and signed by a licensed land surveyor and/or registered professional engineer dependent upon development content. A development plan shall meet the following requirements and contain the information listed below:

(a) Shall be drawn on durable, dimensionally stable media of a size no larger than 24" x 36". More than one sheet may be used. Sheets shall be numbered in sequence if more than one sheet is used, and each shall be labeled “Development Plan;”

(b) Shall be drawn at a convenient and standard scale;

1. Name of the development, if applicable;

2. Name and mailing address of the property owner(s);

3. Name and mailing address of the developer(s), if different from owner(s);

4. Name and mailing address of the professional land surveyor, if applicable, and name of the firm that performed the survey, if applicable;

5. Name and mailing address of the professional engineer;

6. Date of preparation; and

7. All other pertinent data and information.

(d) Graphic and written scale;

(e) North arrow;

(f) Vicinity map of sufficient detail to locate land being subdivided and showing major streets and other durable physical features;

(g) Topographic map shall show the following.

1. Topographic contour lines must be depicted with sufficient accuracy to permit the planning of drainage, streets and other proposed improvements. The plans must include two-foot contours on land less than 5% gradient and five-foot contours on land more than 5% gradient. The contour lines are not to be more than 100 feet apart horizontally and shall extend for at least 40 feet beyond the boundary lines of the proposed development. Contours shall relate to the United States Geological Survey (USGS) of the area and shall relate to the nearest benchmark. All contours shall be marked in feet above sea level. The benchmark shall be clearly shown or identified.

2. Size, top of frame and invert elevations for all culverts, manholes or catch basins and flow line elevations for all brooks at 100-foot stations. This data for at least 40 feet beyond the boundary lines of the proposed development.

3. Sinkholes shall be clearly labeled and their low point clearly marked.

4. All existing watercourses, inland wetlands, floodplains and flowage easements.

5. Present wooded areas indicated by foliage line.

(h) Names, locations, record sources and current zoning designation of adjoining subdivisions and locations, record sources, current zoning designation and names of owners of adjoining property along with intersecting property lines;

(i) Total calculated area of subject land computed either to the nearest hundredth of an acre or nearest square foot;

(j) Layout of proposed tracts of land, including dimensions of lots, lot lines, lot numbers and minimum building setback lines. Tracts shall be laid out according to sound planning principles;

(k) All existing and proposed structures;

(l) Direction and length of each line as follows:

1. Bearings shown in degrees, minutes, and seconds and distances shown to hundredths of a foot; or

2. A geometrically-curved line identified with a beginning point, terminus point and with sufficient curve data to define the curve.

(m) Cemetery or grave site, if discernible or of notice during the performance of the field survey or the required research;

(n) Accurate location, description and material of all monuments; and

(o) Layout of existing and proposed streets and utilities on and adjacent to the subject property.

(6) Other applications for variances or conditional uses; and

(7) For zoning map amendments originated by the Planning Commission, City Council or other governmental agency or entity, a filing fee shall not be required.

(D) Administrative Official review and findings. Upon the filing of a zoning map amendment application, the Administrative Official shall review the application, make whatever studies the Planning Commission deems necessary and report findings at the public hearing. In addition, the Planning Commission may require an applicant to submit further information subsequent to the filing of an application if necessary to make a recommendation.

(E) Public notice. The Planning Commission shall give notice of the public hearing in accordance with the provisions of KRS Chapters 100 and 424 and as set forth in this chapter:

(1) Published notice. The Planning Commission shall publish a notice in a newspaper of general circulation in the city and county at least seven and no more than 21 days before the public hearing in accordance with KRS Chapter 424.

(2) Mailed notice.

(a) Map amendments originating with the owner. Notice of the required public hearing shall be sent by first class mail to owners of property adjacent to the subject land at least 14 days prior to the public hearing.

(b) Map amendments originating with the Planning Commission or City Council. Per KRS Chapter 100, when a map amendment originates with the Planning Commission or City Council, notice of required public hearing shall be sent by first class mail to an owner of every parcel of property for which the classification is proposed to be changed at least 30 days prior to the public hearing.

(3) Posted notice. The Planning Commission shall post a notice of the public hearing conspicuously on the property for 14 consecutive days immediately prior to the hearing and as set forth in KRS Chapter 100.

(F) Public hearing and Planning Commission action.

(1) The Planning Commission shall hold at least one public hearing and make findings of fact and a recommendation of approval or disapproval of the proposed map amendment to the City Council. The Planning Commission must find that the zoning map 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 and such finding shall be recorded in the minutes and records of the Planning Commission:

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

(b) That 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.

(2) The Planning Commission shall forward its findings of fact and recommendations in writing, including a summary of the evidence and testimony presented by the proponents and opponents of the proposed amendment, to the City Council.

(G) Legislative body action. Upon receipt of the findings of fact and recommendations of the Planning Commission, the City Council shall take consider the zoning map amendment pursuant to KRS Chapter 100 requirements.

(H) Land use certification recordation. The Planning Commission secretary shall file a land use certificate in the County Court Clerk’s office for all zoning map amendments within 30 days of the date upon which the legislative body takes final action on the zoning map amendment. The land use certificate shall be completed and recorded in conformance with the KRS Chapter 100.