100.211 Procedure for amending zoning map and text of regulation -- Notice --
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/ky/100-211A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Hearing -- Time limit for final action.
(1)For the purposes of this section, "administratively complete" means that a proposal
for a zoning map amendment is accurate and complete by meeting all the applicable
requirements of this chapter and any other applicable administrative regulatory
requirements or approvals formally required by the local legislative body or
applicable state law.
(a)A proposal for a zoning map amendment may originate with the planning
commission of the unit, with any fiscal court or legislative body which is a
member of the unit, or with an owner of the property in question.
(b)The proposed amendment shall be referred to the planning commission before
adoption. The planning commission shall:
1. Hold at least one
(1)public hearing after notice as required by this
chapter; and
2. Make findings of fact and a recommendation of approval or disapproval
of the proposed map amendment to the various legislative bodies or
fiscal courts involved.
(c)1. The planning commission shall make its recommendation within sixty
(60)days of the date of the receipt of the administratively complete
proposed amendment.
2. The originator of the proposed map amendment may waive the sixty
(60)day requirement for the recommendation.
3. 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.
(d)Notwithstanding the provisions of paragraph
(c)of this subsection:
1. The planning commission of a consolidated local government shall
make its recommendation within one hundred twenty
(120)days of the
date of the receipt of the administratively complete proposed
amendment;
2. The originator of the proposed map amendment may waive the one
hundred twenty
(120)day requirement for the recommendation; and
3. If the planning commission of a consolidated local government fails to
make a recommendation upon the proposal within one hundred twenty
(120)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 legislative body of the consolidated
local government without a recommendation of approval or disapproval.
(e)Notwithstanding the provisions of paragraph
(c)of this subsection:
1. The legislative body of the jurisdiction that created the planning
commission may, via ordinance, extend the provisions of paragraph
of this subsection to either ninety
(90)or one hundred twenty
(120)days;
or
2. The legislative bodies which are members of a joint planning
commission may, via ordinances passed separately, extend the
provisions of paragraph
(c)of this subsection to either ninety
(90)or one
hundred twenty
(120)days.
(f)The findings of fact and recommendation shall include a summary of the
evidence and testimony presented by the proponents and opponents of the
proposed amendment.
(g)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 fiscal
court or legislative body without a recommendation of approval or
disapproval.
(h)It shall take a majority of the entire legislative body or fiscal court to override
the recommendation of the planning commission and it shall take a majority
of the entire legislative body or fiscal court to adopt a zoning map amendment
whenever the planning commission forwards the application to the fiscal court
or legislative body without a recommendation of approval or disapproval due
to a tie vote.
(i)Unless a majority of the entire legislative body or fiscal court 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 fiscal court or legislative body
adopting the zoning map amendment shall be deemed to have passed by
operation of law.
(3)A proposal to amend the text of any zoning regulation which must be voted upon by
the legislative body or fiscal court may originate with the planning commission of
the unit or with any fiscal court or legislative body which is a member of the unit.
Regardless of the origin of the proposed amendment, it shall be referred to the
planning commission before adoption. The planning commission shall hold at least
one
(1)public hearing after notice as required by KRS Chapter 424 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 amendment originating with a legislative body or fiscal court,
the planning commission shall make its recommendation within sixty
(60)days of
the date of its receipt of the proposed amendment. It shall take an affirmative vote
of a majority of the fiscal court or legislative body to adopt the proposed
amendment.
(4)Procedures prescribed in KRS 100.207 applicable to the publication of notice also
shall apply to any proposed amendment to a zoning regulation text or map; provided
that:
(a)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
(2)streets on either side of the property
which intersect the street on which the property is located; and
(b)When the property in question is located at the intersection of two
(2)streets,
the notice shall designate the intersection by name of both streets rather than
name the two
(2)streets on either side of the property.
(5)When a property owner proposes to amend the zoning map of any planning unit
other than a planning unit containing a city of the first class or a consolidated local
government, the provisions of KRS 100.212 shall apply in addition to the
requirements and procedures prescribed in subsection
(4)of this section.
(6)When a property owner proposes to amend the zoning map of any planning unit
comprising any portion of a county containing a city of the first class or a
consolidated local government, the provisions of KRS 100.214 shall apply in
addition to the requirements and procedures prescribed in subsection
(4)of this
section.
(7)In addition to the public notice requirements prescribed in subsection
(4)of this
section, when the planning commission, fiscal court, or legislative body of any
planning unit 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 to
determine the identity and address of said owner.
(8)The fiscal court or legislative body shall take final action upon a proposed zoning
map amendment within ninety
(90)days of the date upon which the planning
commission takes its final action upon such proposal.