[Added 11-10-2020 by Ord. No. 20-04[1]]
[1]
Editor's Note: This ordinance also repealed former Art. VII, Amendments.
A proposal for amendment to the Zoning Ordinance may originate with the Planning Commission, Legislative Body, and any other government body, the owner of the subject property or by a person having written authorization from the owner of the subject property. Regardless of the origin of the proposed amendment, an application must be filed with the Planning Commission at least 21 days prior to the first Tuesday of the following month requesting the proposed amendment, accompanied by such information as required by this Zoning Ordinance and in such form as established by the Planning Commission. The Planning Commission may require the submission of further information subsequent to the filing of an application as provided by the Zoning Ordinance. At the time of the filing of the application, a nonreturnable filing fee shall be paid according to the schedule of fees as established herein. Upon the filing of an application for a Zoning Map amendment by a governmental body, the Planning Commission shall promptly notify the owner of the subject property by registered mail. Regardless of the origin of a proposed Zoning Map amendment, the owners of all property adjoining the subject property shall be notified by registered mail.
Upon the filing of an application for an amendment to this chapter the Planning Commission shall study and review the application as provided in this chapter and the bylaws of the Henderson City-County Planning Commission.
Before voting upon any proposed amendment, notice of the time, place and reason for holding a public hearing shall be given as required by KRS Chapter 424 and KRS 100.212 and 100.211.
After notice of the public hearing as provided hereinabove, the Planning Commission shall hold at least one public hearing on the proposed amendment.
A. 
The Planning Commission shall make its recommendation to the Henderson County Fiscal Court within 60 days of the advertised public hearing. In its finding, the Planning Commission may, after careful review, as a condition to the granting of any zoning change, require the submission of a development plan which, where agreed upon, shall be followed. "Development plan" means written and graphic material for the provision of a development including any or all of the following: location and bulk of buildings and other structures, intensity of use, density of development, streets, ways, parking facilities, signs, drainage of surface water, access points, a plan for screening or buffering, utilities, existing man-made and natural conditions, and all other conditions agreed to by the applicant. The development plan shall become part of the ordinance for amendment upon motion and approval of the Planning Commission and is then considered as part of the findings recommended to the Fiscal Court.
B. 
This development plan shall not take the place of submission of a subdivision plat through the Planning Commission. Before recommending to the Fiscal Court that an application for the amendment to the Zoning Ordinance be granted, the Planning Commission shall find that the map amendment is in agreement with the Comprehensive Plan or in the absence of such a finding that: 1) the existing zoning classification given to the property was inappropriate or improper, or 2) that there have been major changes of an economic, physical or social nature within the area involved which were not anticipated in the Comprehensive Plan, and which have substantially altered the basic character of such area. The findings of fact made by the Planning Commission shall be recorded in the minutes and records of the Planning Commission. After voting to recommend that an application for amendment to the Zoning Ordinance be granted or denied, the Planning Commission shall forward its findings of fact and recommendation in writing to the Henderson County Fiscal Court. Once the Planning Commission has made a determination of fact and recommendation to the Fiscal Court concerning the disposition of zoning on an individual tract of land, said tract of land, or any portion thereof, shall not be reconsidered for reclassification to the same zone by the Planning Commission for a period of at least six months, except upon application for reclassification initiated by the Planning Commission or Fiscal Court.
A. 
The Henderson County Fiscal Court shall not act upon a proposed amendment to the Zoning Ordinance until it shall have received a written findings of fact and recommendation thereon from the Planning Commission. Proposed map amendments may follow the alternative zoning regulation subject to the regulations of KRS 100.211. The Planning Commission recommendation relating to the proposed amendment shall become final and map amendment shall be automatically implemented subject to the provisions of KRS 100.347, all as set forth in the Planning Commission recommendations, unless within 21 days after final action by the Planning Commission:
(1) 
Any aggrieved party files a written request with the Planning Commission that the final decision shall be made by the appropriate Fiscal body or Fiscal Court; or
(2) 
The appropriate legislative body or Fiscal Court files a notice with the Planning Commission that the legislative body or Fiscal Court shall decide the map amendment.
B. 
If the alternative zoning regulation is not followed, before an amendment to the Zoning Ordinance is granted the Fiscal Court must find that the map amendment is in agreement with the Comprehensive Plan or, in the absence of such a finding that:
(1) 
The existing zoning Classification given to the property was inappropriate or improper; or
(2) 
There have been major changes of an economic, physical, or social nature within the area involved which were not anticipated in the Comprehensive Plan which have substantially altered the basic character of such area.
C. 
It shall take a majority of the entire Fiscal Court to override the recommendation of the Planning Commission. Unless a majority of the entire 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 adopting the zoning map amendment shall be deemed to have passed by operation of law. Upon approval the ordinance with development plans including written agreements, if any, will be published and recorded in the same manner as all other county ordinances.
A. 
Schedule of fees, charges and expenses. A schedule of fees, charges and expenses and a collection procedure for requests for amendment to the Zoning Ordinance and appeals from the Board of Zoning Adjustment action, variances and conditional use permits, variances from the access standards manual, and requests for plan and plat approvals from the Planning Commission is hereby established. No approval shall be granted nor shall any action be taken on proceedings before the Board of Zoning Adjustment unless and until preliminary charges and fees have been paid in full.
Request for amendment to Zoning Ordinance (rezoning)
$200
Land use restriction recording fee
$50
Conditional use permit
$40*
Request for variance
$50*
Request for appeal or interpretation
$40
Development plan submittal
$50*
Site plan submittal
Included in building permit fees and established by separate County ordinance
*In addition to the fees listed in the schedule of fees the applicant shall submit a $50 fee for recording the certificate of land use restriction as required by KRS 100.3681 through 100.3683. This fee is refundable to the applicant if the request or submittal is not approved. Other fees listed are not refundable.
B. 
These fees and charges shall be in addition to the fee schedule established for obtaining a building permit.