Development Guidance System Ordinance, 2009 - Hardin County ...

DEVELOPMENT GUIDANCE SYSTEMCommission shall be necessary to grant additional time to either party.Strict adherence to these limits shall be required.Once the public hearing is closed, the Commission shall review theevidence and testimony presented. In addition, Commission membersmay visit the site of the proposed map amendment in making theirdecision. However, any discussion of the issue in question outside ofthe public hearing or ex parte communication is prohibited under therules of due process.Before any map amendment is granted, as mandated per KRS100.213, the Commission must find that the map amendment is inagreement with the County’s Comprehensive Plan; or in the absenceof such a finding, that one (1) or more of the following apply:1. The existing zoning given to the property is inappropriate orimproper, and that the proposed zoning is appropriate;2. That there have been major changes of an economic, physical orsocial nature within the area involved which were not anticipated inthe Comprehensive Plan adopted by the Commission and whichhave substantially altered the basic character of such area.The Commission shall make its decision no later than its next meeting.Should the Commission elect to wait this extra time, the date, time, andplace of the next meeting shall be announced publicly at theconclusion of the public hearing.C. COMMISSION ACTIONFollowing a public hearing concerning a proposed amendment to theZoning Map, the Commission shall by vote to approve, deny, or deferaction as to the appropriateness of the proposed Zoning Mapamendment, pursuant to KRS 100.2111. In addition, the Commissionshall by separate vote approve, reject, or defer action on the submittedDevelopment Plan and “binding elements” thereof, if any. Thereafter,a copy of the resolution, its “binding elements” and the Commission’saction regarding the Zoning Map amendment shall be forwarded to theFiscal Court. The decision of the Commission shall be automaticallyimplemented, subject to appeal.A tie vote of the Commission shall be subject to further considerationfor a period not to exceed 30 days. If at the end of this time the tievote has not been broken, then the decision will pass to the FiscalCourt for approval or denial. It shall take a majority of the entire FiscalCourt to adopt a map amendment sent forward with a tie vote. Thedecision shall be recorded in the minutes of the Commission.ZONING MAP AMENDMENT PROCEDURES 62