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File #: 0707-12    Version: 1 Name: ZOTA 2012-7
Type: Ordinance Status: Approved
File created: 6/20/2012 In control: Urban County Council
On agenda: 7/10/2012 Final action: 7/10/2012
Enactment date: 7/10/2012 Enactment #: O-094-2012
Title: An Ordinance amending Article 7-5 of the Zoning Ordinance to modify the notification requirements for Conditional Use Permit applications to the Board of Adjustment. Approval of the Staff Alternative Text 8-1 [Div. of Planning, King]
Attachments: 1. final report.pdf, 2. approved text.pdf, 3. initiating reso.pdf, 4. council proposed text.pdf, 5. ZOTA 2012-7.pdf, 6. minutes.pdf, 7. 00352400.pdf
Title
An Ordinance amending Article 7-5 of the Zoning Ordinance to modify the notification requirements for Conditional Use Permit applications to the Board of Adjustment. Approval of the Staff Alternative Text 8-1 [Div. of Planning, King]
Summary
[An Ordinance amending Article 7 of the Zoning Ordinance to modify the notification requirements for Conditional Use Permit applications to the Board of Adjustment by increasing the notification area to a distance of 800 feet from the subject property, and requiring notice to the nearest neighborhood association or homeowner’s association, regardless of distance. Approval of the Staff Alternative Text 8-1 [Div. of Planning, King]]
Body
WHEREAS, the Lexington-Fayette Urban County Planning Commission has considered a text amendment to Article 7-5 of the Zoning Ordinance to modify the notification requirements for conditional use permit applications to the Board of Adjustment; and
WHEREAS, the Planning Commission did hold a public hearing on this proposed text amendment on June 14, 2012; and
WHEREAS, the Planning Commission did recommend DISAPPROVAL of the Council initiated proposed text amendment, and approval of a staff alternative text, by a vote of 8-1; and
WHEREAS, this Council disagrees with the recommendation of the Planning Commission; and
WHEREAS, the recommendation form of the Planning Commission is attached hereto and incorporated by reference herein.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT:
Section 1 - That Article 7-5 of the Zoning Ordinance of the Lexington-Fayette Urban County Government is hereby amended to read as follows:
The Board shall fix a reasonable time for hearing an action or appeal and shall give public notice in accordance with KRS Chapter 424, as well as written notice as set forth more fully herein. Any person may appear at the hearing personally or by attorney. All applications shall be decided by the Board within sixty (60) days fro...

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