KRS § 100.214 — KY Code / Title IX / Chapter 100 / Section 100.214
100.214 Hearing on proposed map amendment in county containing city of the first class or consolidated local government
Status: in_force

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 at least fourteen (14) 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 fourteen (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, to the mayor and city

clerk of any city with a population of less than three thousand (3,000) based upon

the most recent federal decennial census 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 ten (10) 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.