1. A.
   Whenever the public necessity, convenience, general welfare, or good zoning practices require, the legislative bodies or Fiscal Court may by ordinance or order, after receipt of recommendation thereon from the Planning Commission, and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions, and boundaries or classification of property per the procedures and requirements in this article and KRS 100.

Effective on: 12/20/2022

1. A.
   Amendments to the zoning regulations text and zoning map may originate in the following manner:

   1. 1.
      Zoning Text - May originate with the Planning Commission, a legislative body, or the Fiscal Court.
   2. 2.
      Zoning Map - May originate with the Planning Commission, legislative body, or the Fiscal Court. A zoning map amendment may also originate by the filing of an application by an owner of the property in question, or by an owner by contract (option) or lessee with permission of an owner of the property in question.

Effective on: 12/20/2022

1. A.
   The following standards and procedures apply to zoning map amendment applications and Concept Development Plans.

   1. 1.
      Application forms for zoning map amendments shall be completed in full, signed by the applicant and property owner, supplemented with the additional information required by the Planning Commission and this article, and accompanied by the fee established by the Planning Commission's fee schedule.
   2. 2.
      The Planning Commission, as a condition to the approval of a zoning map amendment, highly recommends that a Concept Development Plan be submitted. In accordance with KRS 100, this Concept Development Plan, when submitted and agreed upon, shall be followed and be binding as a requirement of the zone change or map amendment. Applications submitted without a Concept Development Plan will be reviewed from the perspective of a "worst case scenario" based upon the requirements and permitted uses of the district in question.
   3. 3.
      A Concept Development Plan must be submitted for applications involving the Planned Development District (PD), Employment Planned Development District (EPD), and Residential Planned Development District (RPD) as specified in ARTICLE 15 and ARTICLE 16, for all applications requesting the Suburban Residential Three (SR-3) District per SECTION 905, and for all applications requesting the Industrial Four (I-4) District per SECTION 1106.  A "Development Plan" must also be submitted for applications involving the Industrial Three (I-3) District as specified in SECTION 1104. Excluded from the Concept Development Plan requirement are requests made by legislative bodies, the Boone County Fiscal Court, and the Boone County Planning Commission.
   4. 4.
      Where a concept development plan is required under these regulations, and where such zoning change has been approved by the appropriate legislative body or fiscal court, the property owner shall sign a written agreement verifying that the Concept Development Plan is a condition to the zoning change and the appropriate Certificate of Land Use Restriction shall be prepared and recorded in the office of the Boone County Clerk in Burlington, Kentucky in accordance with SECTION 210. The property owner shall furnish the information necessary to prepare and record the Certificate of Land Use Restriction.
   5. 5.
      At the time of filing an application for a zoning map amendment, the property owner a may also request a variance or a conditional use permit for the same development. A development that is subject to a zone change or Concept Development Plan approval shall comply with all applicable requirements of these regulations unless a written request for a variance(s), or exception(s) pursuant to ARTICLE 15 or ARTICLE 16, are expressly approved through the procedures of this Article, or pursuant to ARTICLE 2, as applicable.
   6. 6.
      The Planning Commission may recommend, and the legislative body or Fiscal Court may approve, the proposed zoning district subject to any agreed conditions or qualifications found merited in the Concept Development Plan or conditions on the site.
   7. 7.
      Where following a Concept Development Plan is an agreed condition of a zoning map amendment, as a further condition to the approval of a zone change involving a Concept Development Plan, the Planning Commission may require that substantial construction be initiated within a certain period of time of not less than one (1) year; provided that such zoning change shall not revert to its original designation unless there has been a public hearing.
   8. 8.
      If an approved Zoning Map Amendment is subject to a Concept Development Plan and/or conditions pursuant to a written agreement, and/or is approved in conjunction with a variance or conditional use permit, the notation “CD” shall be placed on the Official Zoning Map in combination with the adopted zoning designation (refer to SECTION 507).

Figure 3-1
Zoning Map Amendment Process

Effective on: 12/20/2022

1. A.
   If a property owner submits a Concept Development Plan, the Plan shall include the following minimum requirements. The list of other requirements are optional only for sites that do not involve the Planned Development District (PD), Employment Planned Development District (EPD), or Residential Planned Development District (RPD), and may provide further support for approval of a Concept Development Plan by the Planning Commission. The minimum Development Plan requirements for applications involving the Industrial Three District (I-3) are listed in ARTICLE 11.

   1. 1.
      Minimum Requirements

      1. a.
         General Site Characteristics - ownership, topography, soils, drainage, vegetation and other physical characteristics.
      2. b.
         Transportation Patterns - public and private roads and internal and external circulation patterns.
      3. c.
         Land Use Characteristics - existing and proposed land uses, open spaces, impervious surfaces including streets, parking areas, structures and buildings (general description of size, area, intensities/densities, and height).
      4. d.
         Utilities and Infrastructure.
      5. e.
         Relationship of Proposed Zone Change with Comprehensive Plan - how specifically the proposed zone change would conflict, conform, compliment or otherwise affect the Comprehensive Plan as well as any special studies that are designed to further detail the Comprehensive Plan in a specific area. If applicable, a statement of how the proposed zone change fulfills finding A.2 and/or A.3 in SECTION 308.
      6. f.
         A 8.5" by 11" reduction of the plan sheet(s) that can be copied on a standard photocopier or a PDF version of the plan sheet(s).
      7. g.
         A written explanation of any requested variance or conditional use permit.
   2. 2.
      Optional Requirements (Mandatory requirements for projects involving the Planned Development District [PD], Employment Planned Development [EPD], or Residential Planned Development [RPD]. If a particular item is not provided in the Concept Development Plan, then the application materials must state why the requirement does not pertain to the specific proposal).

      1. a.
         Items A.1.a-A.1.g in the previously mentioned list of minimum requirements.
      2. b.
         An area map showing adjacent property owners and existing land uses within two hundred (200) feet of the parcel.
      3. c.
         The location, description and size (acreage) of land uses.
      4. d.
         Approximate location and number of residential units (if any) along with approximate square footage, density and height.
      5. e.
         Approximate location and size (square footage) of non-residential buildings.
      6. f.
         The location of public and private roads, rights-of-way, easements and parking.
      7. g.
         Calculation of approximate amount of open space both before and after construction. Indicate areas of expected open space and new landscaping. Include maintenance plans for these areas.
      8. h.
         Conceptual landscape plan that indicates the locations of landscape and buffering features. For applications involving the EPD, RPD, or PD overlay, design guidelines that include landscaping standards shall be provided for multi-phased projects.
      9. i.
         Where portions of the site are subject to flooding, the Concept Development Plan shall indicate extent and frequency.
      10. j.
          General location of water, sanitary sewer, telephone, electrical and storm water lines. Capacity levels are recommended.
      11. k.
          General description of the availability of community facilities such as schools, fire protection services and other types of facilities that would serve the development, if any, and how these facilities are affected by this proposal.
      12. l.
          Approximate location and size of storm water detention and/or retention areas.
      13. m.
          Information describing proposed signage (types, sizes, materials, and locations on site). For applications involving the EPD, RPD, or PD overlay, design guidelines that include signage standards shall be provided for multi-phased projects.
      14. n.
          Construction schedule of the project. For multi-phased projects, submit a phasing plan that describes the anticipated timing and geographical extent of each phase.
      15. o.
          Detailed traffic study if the proposed development is large-scaled or if the project would significantly alter existing traffic patterns or volume (refer to ARTICLE 32).
      16. p.
          Images of the proposed buildings to demonstrate the intended architectural appearance and character. For applications involving the EPD, RPD or PD overlay, design guidelines that include architectural standards shall be provided for multi-phased projects.
      17. q.
          For applications involving the EPD or RPD districts, a table of proposed dimensional standards for the proposed land uses or phases including lot sizes and frontages, building heights and intensities, and setbacks. For applications involving the PD overlay district, a description of any requested exceptions to the requirements of the underlying district.
      18. r.
          For applications involving the PD overlay, EPD, or RPD districts, a written narrative that describes how the applicable requirements and standards in ARTICLE 15 or ARTICLE 16 have been.

Effective on: 12/20/2022

1. A.
   Immediately after the adoption of a proposal by the legislative body or Fiscal Court or the filing of an application by an a owner of the property in question, said resolution or application shall be referred to the Planning Commission to make findings of fact and a recommendation of approval or disapproval of the proposed map amendment to the various legislative bodies or Fiscal Court involved.

Effective on: 12/20/2022

1. A.
   Upon referral of a proposal by a legislative body or Fiscal Court or an application for zoning amendment, the Planning Commission shall hold at least one public hearing after notice as required by Kentucky Revised Statutes, Chapter 424. The following notice, in addition to any other notice required by statute, local regulation, or ordinance, shall be given:

   1. 1.
      Notice of the hearing shall be posted conspicuously on the property the classification of which is proposed to be changed for fourteen (14) consecutive days immediately prior to the hearing.
   2. 2.
      Notice of the hearing shall be given at least fourteen (14) days in advance of the hearing by registered mail or by certified mail, return receipt requested to owners of all 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 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 property owners. If the property is in condominium or cooperative forms of ownership, the person notified by mail shall be the president or chairman of the owner group which administers property commonly owned by the condominium or cooperative owners. A joint notice may be mailed to two (2) or more co-owners of an adjoining property who are listed in the property valuation administrator's records as having the same address.
   3. 3.
      Notice of the hearing shall be published in a newspaper of general circulation at least once, but may be published two (2) or more times, provided that one (1) publication occurs not less than seven (7) nor more than twenty-one (21) days prior to the hearing. Said published notice shall state, at a minimum, the time, place and purpose of the hearing.
2. B.
   In addition to the public notice requirements prescribed above, when the planning commission, fiscal court or legislative body of the county originates a proposal to amend the zoning map of that unit, notice of the public hearing before the planning commission, fiscal court or legislative body shall be given at least thirty (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 conclusively to determine the identity and address of said owner.

Effective on: 12/20/2022

1. A.
   The Planning Commission shall make its recommendation within sixty (60) days of the date of the receipt of the administratively complete proposed zoning map amendment application. "Administratively complete" means that a proposal for a Zoning Map Amendment is accurate and complete by meeting all the applicable requirements of KRS Chapter 100 and any other applicable regulatory requirements or approvals formally required by these regulations or applicable state law. The sixty (60) day time limit may be waived by the originator.
2. B.
   Within sixty (60) days of the date of the receipt of the administratively complete proposed zoning map amendment application, or sixty (60) days from the receipt of the proposed text amendment, the findings of the Planning Commission shall be recorded in the minutes and records of that body and the Planning Commission shall transmit its recommendation to the legislative body or Fiscal Court. The Planning Commission may recommend that the amendment be approved or disapproved. If the Planning Commission recommends denial, it must state the reasons for disapproval. In the event of a tie vote, the request 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 without a recommendation of approval or disapproval. If the Planning Commission fails to make a recommendation upon the proposal within sixty (60) days of its receipt of the administratively complete proposed amendment and the time has not been waived by the originator, the application shall be forwarded to the fiscal court or legislative body without a recommendation of approval or disapproval.

Effective on: 12/20/2022

1. A.
   Within ninety (90) days of final action of the Planning Commission, the legislative body or Fiscal Court shall either adopt or deny the recommendation of the Planning Commission or adopt some modification thereof upon its own hearing and findings. In the event the legislative body or Fiscal Court denies or modifies the recommendation of the Planning Commission, a majority of the entire membership shall be required to take such action as explained in KRS 100.211. It shall also take a majority of the entire membership to adopt a zoning map amendment whenever the planning commission forwards the application without a recommendation due to a tie vote.

Effective on: 12/20/2022

1. A.
   Before any map amendment is granted, the Planning Commission or the legislative body shall determine that one or more of the following findings apply:

   1. 1.
      The map amendment is in agreement with the adopted comprehensive plan and any specific study designed to further detail the Boone County Comprehensive Plan for the location in question;
   2. 2.
      The existing zoning classification given to the property is inappropriate and that the proposed zoning classification is appropriate;
   3. 3.
      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. B.
   The above findings shall be the basis for granting a map amendment and shall be recorded in the minutes and records of the Planning Commission or the legislative body or Fiscal Court.
3. C.
   For map amendments involving the Planned Development District (PD), Employment Planned Development (EPD), or Residential Planned Development (RPD), the applicable provisions of ARTICLE 15 or ARTICLE 16 must be met in addition to the findings stated above.

Effective on: 12/20/2022

1. A.
   All land which becomes part of the jurisdiction of a City or Boone County shall remain subject to the previous city or county zoning district until such time as the Zoning Map is amended according to the provisions of this Article.

Effective on: 12/20/2022

1. A.
   After a request or application for an amendment to the zoning map has received a denial as final action from the legislative body having territorial jurisdiction over the property, the property owner shall not be permitted to reapply for the same map amendment and submit the same concept development plan after receiving the final action of denial for ninety (90) days from the date of such denial. This ninety (90) day restriction shall also apply where the legislative body took no action and the last action taken is the recommendation from the Planning Commission of denial for the zoning map amendment proposal and the person making the request has not asked the legislative body to take further action.
2. B.
   However, the ninety (90) day limitation shall not prohibit or preclude the Boone County Planning Commission from reconsidering any matter. Further, the legislative bodies comprising the membership of the Commission are not subject to this ninety (90) day limitation.

Effective on: 12/20/2022

1. A.
   Major amendments to the terms of an approved Zoning Map Amendment, including a Concept Development Plan, that involve substantial or significant changes in the development concept, uses, intensity, supplemental conditions of approval, or other plan elements of substantive effect must be submitted to the Planning Commission and shall conform to the procedure and requirements described in this Article. Minor amendments to the approved Concept Development Plan that do not involve changes in the development concept, uses, intensity, supplemental conditions of approval, or other plan elements of substantive effect may be approved by the Zoning Administrator.

Effective on: 12/20/2022