100.211 Procedure for amending zoning map and text of regulation -- Notice -- Hearing -- Time limit for final action. - Kentucky Statutes

Download pdf

Loading PDF...

100.211 Procedure for amending zoning map and text of regulation -- Notice -- Hearing -- Time limit for final action. (1) 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. Regardless of the origin of
the proposed amendment, it shall be referred to the planning commission before
adoption. The planning commission shall then hold at least one (1) public hearing
after notice as required by this chapter and 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. 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. 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. 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. 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. (2) 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. (3) 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. (4) 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 (3) of this section. (5) 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 (3) of this
section. (6) In addition to the public notice requirements prescribed in subsection (3) 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. (7) 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. Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 346, sec. 144, effective July 15, 2002. -- Amended 1990 Ky. Acts ch. 362, sec. 15, effective July 13, 1990. -- Amended 1988
Ky. Acts ch. 19, sec. 2, effective July 15, 1988; and ch. 144, sec. 9, effective July 15,
1988. -- Amended 1986 Ky. Acts ch. 134, sec. 2, effective July 15, 1986; and
ch. 141, sec. 19, effective July 15, 1986. -- Amended 1978 Ky. Acts ch. 327 and
sec. 1, effective June 17, 1978. -- Created 1966 Ky. Acts ch. 172, secs. 32 and 33.