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 <br>of the unit, or with an owner of the property in question. Regardless of the origin of <br>the proposed amendment, it shall be referred to the planning commission before <br>adoption. The planning commission shall then hold at least one (1) public hearing <br>after notice as required by this chapter and make findings of fact and a <br>recommendation of approval or disapproval of the proposed map amendment to the <br>various legislative bodies or fiscal courts involved. The findings of fact and <br>recommendation shall include a summary of the evidence and testimony presented <br>by the proponents and opponents of the proposed amendment. A tie vote shall be <br>subject to further consideration by the planning commission for a period not to <br>exceed thirty (30) days, at the end of which, if the tie has not been broken, the <br>application shall be forwarded to the fiscal court or legislative body without a <br>recommendation of approval or disapproval. It shall take a majority of the entire <br>legislative body or fiscal court to override the recommendation of the planning <br>commission and it shall take a majority of the entire legislative body or fiscal court <br>to adopt a zoning map amendment whenever the planning commission forwards the <br>application to the fiscal court or legislative body without a recommendation of <br>approval or disapproval due to a tie vote. Unless a majority of the entire legislative <br>body or fiscal court votes to override the planning commission's recommendation, <br>such recommendation shall become final and effective and if a recommendation of <br>approval was made by the planning commission, the ordinance of the fiscal court or <br>legislative body adopting the zoning map amendment shall be deemed to have <br>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 <br>the unit or with any fiscal court or legislative body which is a member of the unit. <br>Regardless of the origin of the proposed amendment, it shall be referred to the <br>planning commission before adoption. The planning commission shall hold at least <br>one (1) public hearing after notice as required by KRS Chapter 424 and make a <br>recommendation as to the text of the amendment and whether the amendment shall <br>be approved or disapproved and shall state the reasons for its recommendation. In <br>the case of a proposed amendment originating with a legislative body or fiscal court, <br>the planning commission shall make its recommendation within sixty (60) days of <br>the date of its receipt of the proposed amendment. It shall take an affirmative vote <br>of a majority of the fiscal court or legislative body to adopt the proposed <br>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 <br>that: <br>(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 <br>the property, and the names of two (2) streets on either side of the property <br>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 <br>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 <br>government, the provisions of KRS 100.212 shall apply in addition to the <br>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 <br>consolidated local government, the provisions of KRS 100.214 shall apply in <br>addition to the requirements and procedures prescribed in subsection (3) of this <br>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 <br>planning unit originates a proposal to amend the zoning map of that unit, notice of <br>the public hearing before the planning commission, fiscal court, or legislative body <br>shall be given at least thirty (30) days in advance of the hearing by first-class mail to <br>an owner of every parcel of property the classification of which is proposed to be <br>changed. Records by the property valuation administrator may be relied upon to <br>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 <br>commission takes its final action upon such proposal. Effective: July 15, 2002 <br>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 <br>Ky. Acts ch. 19, sec. 2, effective July 15, 1988; and ch. 144, sec. 9, effective July 15, <br>1988. -- Amended 1986 Ky. Acts ch. 134, sec. 2, effective July 15, 1986; and <br>ch. 141, sec. 19, effective July 15, 1986. -- Amended 1978 Ky. Acts ch. 327 and <br>sec. 1, effective June 17, 1978. -- Created 1966 Ky. Acts ch. 172, secs. 32 and 33.
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 <br>of the unit, or with an owner of the property in question. Regardless of the origin of <br>the proposed amendment, it shall be referred to the planning commission before <br>adoption. The planning commission shall then hold at least one (1) public hearing <br>after notice as required by this chapter and make findings of fact and a <br>recommendation of approval or disapproval of the proposed map amendment to the <br>various legislative bodies or fiscal courts involved. The findings of fact and <br>recommendation shall include a summary of the evidence and testimony presented <br>by the proponents and opponents of the proposed amendment. A tie vote shall be <br>subject to further consideration by the planning commission for a period not to <br>exceed thirty (30) days, at the end of which, if the tie has not been broken, the <br>application shall be forwarded to the fiscal court or legislative body without a <br>recommendation of approval or disapproval. It shall take a majority of the entire <br>legislative body or fiscal court to override the recommendation of the planning <br>commission and it shall take a majority of the entire legislative body or fiscal court <br>to adopt a zoning map amendment whenever the planning commission forwards the <br>application to the fiscal court or legislative body without a recommendation of <br>approval or disapproval due to a tie vote. Unless a majority of the entire legislative <br>body or fiscal court votes to override the planning commission's recommendation, <br>such recommendation shall become final and effective and if a recommendation of <br>approval was made by the planning commission, the ordinance of the fiscal court or <br>legislative body adopting the zoning map amendment shall be deemed to have <br>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 <br>the unit or with any fiscal court or legislative body which is a member of the unit. <br>Regardless of the origin of the proposed amendment, it shall be referred to the <br>planning commission before adoption. The planning commission shall hold at least <br>one (1) public hearing after notice as required by KRS Chapter 424 and make a <br>recommendation as to the text of the amendment and whether the amendment shall <br>be approved or disapproved and shall state the reasons for its recommendation. In <br>the case of a proposed amendment originating with a legislative body or fiscal court, <br>the planning commission shall make its recommendation within sixty (60) days of <br>the date of its receipt of the proposed amendment. It shall take an affirmative vote <br>of a majority of the fiscal court or legislative body to adopt the proposed <br>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 <br>that: <br>(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 <br>the property, and the names of two (2) streets on either side of the property <br>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 <br>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 <br>government, the provisions of KRS 100.212 shall apply in addition to the <br>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 <br>consolidated local government, the provisions of KRS 100.214 shall apply in <br>addition to the requirements and procedures prescribed in subsection (3) of this <br>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 <br>planning unit originates a proposal to amend the zoning map of that unit, notice of <br>the public hearing before the planning commission, fiscal court, or legislative body <br>shall be given at least thirty (30) days in advance of the hearing by first-class mail to <br>an owner of every parcel of property the classification of which is proposed to be <br>changed. Records by the property valuation administrator may be relied upon to <br>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 <br>commission takes its final action upon such proposal. Effective: July 15, 2002 <br>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 <br>Ky. Acts ch. 19, sec. 2, effective July 15, 1988; and ch. 144, sec. 9, effective July 15, <br>1988. -- Amended 1986 Ky. Acts ch. 134, sec. 2, effective July 15, 1986; and <br>ch. 141, sec. 19, effective July 15, 1986. -- Amended 1978 Ky. Acts ch. 327 and <br>sec. 1, effective June 17, 1978. -- Created 1966 Ky. Acts ch. 172, secs. 32 and 33.
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 <br>of the unit, or with an owner of the property in question. Regardless of the origin of <br>the proposed amendment, it shall be referred to the planning commission before <br>adoption. The planning commission shall then hold at least one (1) public hearing <br>after notice as required by this chapter and make findings of fact and a <br>recommendation of approval or disapproval of the proposed map amendment to the <br>various legislative bodies or fiscal courts involved. The findings of fact and <br>recommendation shall include a summary of the evidence and testimony presented <br>by the proponents and opponents of the proposed amendment. A tie vote shall be <br>subject to further consideration by the planning commission for a period not to <br>exceed thirty (30) days, at the end of which, if the tie has not been broken, the <br>application shall be forwarded to the fiscal court or legislative body without a <br>recommendation of approval or disapproval. It shall take a majority of the entire <br>legislative body or fiscal court to override the recommendation of the planning <br>commission and it shall take a majority of the entire legislative body or fiscal court <br>to adopt a zoning map amendment whenever the planning commission forwards the <br>application to the fiscal court or legislative body without a recommendation of <br>approval or disapproval due to a tie vote. Unless a majority of the entire legislative <br>body or fiscal court votes to override the planning commission's recommendation, <br>such recommendation shall become final and effective and if a recommendation of <br>approval was made by the planning commission, the ordinance of the fiscal court or <br>legislative body adopting the zoning map amendment shall be deemed to have <br>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 <br>the unit or with any fiscal court or legislative body which is a member of the unit. <br>Regardless of the origin of the proposed amendment, it shall be referred to the <br>planning commission before adoption. The planning commission shall hold at least <br>one (1) public hearing after notice as required by KRS Chapter 424 and make a <br>recommendation as to the text of the amendment and whether the amendment shall <br>be approved or disapproved and shall state the reasons for its recommendation. In <br>the case of a proposed amendment originating with a legislative body or fiscal court, <br>the planning commission shall make its recommendation within sixty (60) days of <br>the date of its receipt of the proposed amendment. It shall take an affirmative vote <br>of a majority of the fiscal court or legislative body to adopt the proposed <br>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 <br>that: <br>(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 <br>the property, and the names of two (2) streets on either side of the property <br>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 <br>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 <br>government, the provisions of KRS 100.212 shall apply in addition to the <br>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 <br>consolidated local government, the provisions of KRS 100.214 shall apply in <br>addition to the requirements and procedures prescribed in subsection (3) of this <br>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 <br>planning unit originates a proposal to amend the zoning map of that unit, notice of <br>the public hearing before the planning commission, fiscal court, or legislative body <br>shall be given at least thirty (30) days in advance of the hearing by first-class mail to <br>an owner of every parcel of property the classification of which is proposed to be <br>changed. Records by the property valuation administrator may be relied upon to <br>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 <br>commission takes its final action upon such proposal. Effective: July 15, 2002 <br>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 <br>Ky. Acts ch. 19, sec. 2, effective July 15, 1988; and ch. 144, sec. 9, effective July 15, <br>1988. -- Amended 1986 Ky. Acts ch. 134, sec. 2, effective July 15, 1986; and <br>ch. 141, sec. 19, effective July 15, 1986. -- Amended 1978 Ky. Acts ch. 327 and <br>sec. 1, effective June 17, 1978. -- Created 1966 Ky. Acts ch. 172, secs. 32 and 33.
