100.214 Hearing on proposed map amendment in county containing city of the first class or consolidated local government. - Kentucky Statutes

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100.214 Hearing on proposed map amendment in county containing city of the first class or consolidated local government. When in any planning unit containing any portion of a county containing a city of the first
class or a consolidated local government a hearing is scheduled on a proposal by a
property owner to amend any zoning map, the following notice shall be given in addition
to any other notice required by statute, local regulation, or ordinance to be given:
(1) Notice of the hearing shall be posted conspicuously on the property the classification of which is proposed to be changed thirty (30) days immediately prior
to the hearing. Posting shall be as follows:
(a) The sign shall state "zoning change" and the proposed classification change in letters three (3) inches in height. The time, place, and date of hearing shall be
in letters at least one (1) inch in height; and (b) The sign shall be constructed of durable material and shall state the telephone number of the appropriate zoning commission; (2) Notice of the hearing shall be given at least thirty (30) 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, to the mayor and city
clerk of any city of the fifth or sixth class so affected, to an owner of every parcel of
property adjoining at any point the property the classification of which is proposed
to be changed, to an owner of every parcel of property directly across the street from
said property, and to an owner of every parcel of property which adjoins at any
point the adjoining property or the property directly across the street from said
property; provided, however, that no first-class mail notice, required by this
subsection, shall be required to be given to any property owner whose property is
more than five hundred (500) feet from the property 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
property as described in this subsection. Records maintained by the property
valuation administrator may be relied upon conclusively to determine the identity
and address of said owner. In the event such property is in condominium or
cooperative forms of ownership, then 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) If the hearing has been scheduled for a time during normal working hours, and if, within fifteen (15) days of the scheduled date of the hearing the planning
commission shall receive a petition from two hundred (200) property owners living
within the planning unit requesting that the hearing be rescheduled for a time after
normal working hours, then the planning commission shall reschedule the hearing
for a time after normal working hours on a date no earlier than the date of the
original hearing. The planning commission shall then publish notice of the new
hearing time and date according to the provisions of KRS 100.211, except that
notice shall occur at least seven (7) days prior to the public hearing. The sign required by subsection (1) of this section shall be changed to reflect the new hearing
time and date at least seven (7) days prior to the public hearing. The persons who
receive mail notice according to the provisions of subsection (2) of this section shall
again be notified in the same manner of the new hearing time and date at least seven
(7) days prior to the hearing. The hearing time shall not be changed more than once
by the procedures of this section except in the event of intervening emergency
which requires the cancellation of a hearing; and (4) Notice by mail shall include a list of the names and addresses of each person so notified, and a description of the procedure by which those notified can petition for
a change in the hearing time. Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 346, sec. 146, effective July 15, 2002. -- Amended 1988 Ky. Acts ch. 144, sec. 3, effective July 15, 1988. -- Amended 1986
Ky. Acts ch. 141, sec. 22, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 20,
sec. 3, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 114, sec. 12, effective
July 15, 1980. -- Created 1978 Ky. Acts ch. 327, sec. 2, effective June 17, 1978.