KRS § 100.211 — KY Code / Title IX / Chapter 100 / Section 100.211
100.211 Procedure for amending zoning map and text of regulation -- Notice -- Hearing -- Time limit for final action
Status: in_force

100.211 Procedure for amending zoning map and text of regulation -- Notice --

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.

(2) (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 (c)

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.