(Prior Code, § 152.310) (Ord. 920.27, passed 10-7-1993)

(Prior Code, § 152.311) (Ord. 920.27, passed 10-7-1993)

   (B)   The Planning Commission shall then hold at least one public hearing after notice as required by KRS Chapters 424 and 100, and shall make findings of fact and a recommendation for approval or disapproval of the proposed amendment to the City Council. 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 for approval or disapproval.

(Prior Code, § 152.312) (Ord. 920.27, passed 10-7-1993)

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

      (3)   When a hearing is scheduled on a proposal to amend any zoning map, the following notice shall be given in addition to any other notice required by statute, local regulation, or ordinance, per KRS 100.212.

         (a)   Notice of the hearing shall be posted conspicuously on the property, the classification of which is proposed to be changed, for 14 consecutive days immediately prior to the hearing. Posting shall be as follows.

            1.   The sign shall state “zoning change” and the proposed classification change in letters three inches in height - the time, place, and date of hearing shall be in letters at least one inch in height.

            2.   The sign shall be constructed of durable material and shall state the telephone number of the Planning Commission Office.

            3.   It shall be the responsibility of the applicant to post the sign conspicuously on the property. The Enforcement Officer shall verify to the Planning Commission at the hearing that placement occurred pursuant to the provisions of this chapter.

         (b)   1.   Notice of the hearing shall be given at least 14 days in advance of the hearing by first class mail with certification by the Commission Secretary or other officer of the Planning Commission that the notice was mailed by the zone change applicant to an owner of every parcel of property adjoining the property the classification of which is proposed to be changed. It shall be the duty of the person or persons proposing the map amendment to ensure the mailing occurs in accordance with the provisions of this chapter and KRS Chapter 100 and to furnish to the Planning Commission the names and addresses of the owners of all adjoining property. Records maintained by the Property Valuation Administrator may be relied upon conclusively to determine the identity and address of the owner. In the event the 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.

            2.   In addition to the public notice requirements of this section, when the Planning Commission or legislative body of any planning unit originates a proposal to amend the zoning map of that unit, notice of the public hearing 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 the owner.

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

(Prior Code, § 152.313) (Ord. 920.27, passed 10-7-1993)

      (1)   Before recommendation to the City Council that an application for amendment to the zoning map be granted, the Planning Commission must find that the map amendment is in agreement with the community’s comprehensive plan, or in the absence of such a finding, that:

         (a)   The original zoning classification given to the property was inappropriate or improper, and that the proposed classification is proper; 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 comprehensive plan adopted by the Planning Commission and which have substantially altered the basic character of the area.

      (2)   The Planning Commission shall also have the power to hear and finally decide applications for variances or conditional use permits in conjunction with a requested zoning map amendment if the proposed development requires both a map amendment and one or more variances or conditional use permits (per KRS 100.203(5)). Recommendations regarding these permits shall be a part of the record forwarded to the City Council.

      (3)   After voting to recommend that an application for amendment to the official zoning map be granted or denied, the Planning Commission shall forward its findings of fact and recommendation in writing to the City Council.

   (B)   Recommendation of Commission for text amendment. 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 Council. In the case of a proposed amendment originating with a legislative body, the Planning Commission shall make its recommendation within 60 days of the date of its receipt of the proposed amendment.

(Prior Code, § 152.314) (Ord. 920.27, passed 10-7-1993)

      (1)   The City Council shall not act upon a proposed amendment to the official zoning map until it has received the written findings of fact and recommendation thereon from the Planning Commission. 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, as set forth in the Planning Commission recommendations, unless within 21 days after the final action by the Planning Commission:

         (a)   Any aggrieved person files a written request with the Planning Commission that the final decision shall be made by the appropriate legislative body; and

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

      (2)   It shall take a majority of the entire legislative body to override the recommendation of the Planning Commission, and it shall take a majority of the entire legislative body to adopt a zoning map amendment whenever the Planning Commission forwards the application to the legislative body without a recommendation of approval or disapproval due to a tie vote. Unless a majority of the entire legislative body votes to override the Planning Commission’s recommendation, the recommendation shall become final and effective, and if a recommendation of approval was made by the Planning Commission, the ordinance of the legislative body adopting the zoning map amendment shall be deemed to have passed by operation of law.

      (3)   If the legislative body chooses to decide the map amendment, the legislative body shall take final action upon a proposed zoning map amendment within 90 days of the date upon which the Planning Commission takes its final action upon the proposal. The legislative body shall also notify the Enforcement Officer and the Chairperson of the Planning Commission as to when the proposed map amendment will be heard by the legislative body prior to the legislative body’s final action. The legislative body shall complete and file for recording with the County Clerk a certificate of land use restriction for any map amendment approved by the legislative body.

   (B)   Action on text amendments. The City Council shall not act upon a proposed amendment to the text of this chapter until it shall have received the written recommendation thereon from the Planning Commission. If the proposed amendment originated with the Planning Commission, it shall take a majority of the entire City Council to override the recommendation of the Planning Commission. If the proposed amendment originated with a legislative body, it shall take an affirmative vote of the majority of the legislative body to adopt the proposed amendment. The legislative body shall take final action within 90 days of the date upon which the Planning Commission takes its final action upon the proposal.

(Prior Code, § 152.315) (Ord. 920.27, passed 10-7-1993)

   As a condition to the granting of any zoning change, the Planning Commission shall require the submission of a development plan as provided in §§ 152.245 through 152.250 which, where agreed upon, shall be followed. As a further condition to the granting of a zoning change, the planning unit may require that substantial construction be initiated within two years; provided, that the zoning change shall not revert to its original designation unless there has been a public hearing.

(Prior Code, § 152.316) (Ord. 920.27, passed 10-7-1993)

   (B)   Any person, owner, or agent involved in the sale or transfer of a lot or parcel and who violates this chapter shall be assessed a civil fine and shall be fined not less than $100 nor more than $250 for each lot or parcel which was the subject of sale or transfer, or a contract for sale or transfer.

   (C)   Any person who begins construction which requires a building permit, without a permit, shall incur an initial penalty not to exceed double the permit fee. Continued non-compliance would incur penalties as discussed above.

   (D)   Any violation of the provisions of §§ 152.210 through 152.228 is hereby defined as a nuisance, and such violation shall thence be pursued by the Code Enforcement Officer and penalized pursuant to the city’s nuisance ordinance and any amendments, thereto.

(Prior Code, § 152.999) (Ord. 920.27, passed 10-7-1993; Ord. 2017-1123, passed 11-2-2017; Ord. 920.27B, passed 5-13-2021)