Expedited Zoning Process (ZOTA 2019-2)
This ZOTA would change the current zone change process in the following ways:
- Planning Commission’s (“Commission”) action relating to a proposed zone change shall become final and the zone change shall be automatically implemented unless, within 21 days after the final vote by Planning Commission:
- Any “aggrieved person” files a written request with the Commission that the final decision shall be made by the Urban County Council (“Council”); or
- Urban County Council files a notice with the Commission that the Council shall decide the zone change.
Under the current ordinance, after Planning Commission votes to approve a zone change, the Council has 90 days from the date of approval to take action, which might include affirming the Commission’s approval OR determining that there should be another public hearing at the Council level before a final decision is made.
This ZOTA would expedite the approval process of an uncontested zone change by making the Commission’s decision final and preventing any further delay caused by procedural requirements for Council adoption. It will also, however, shorten the time frame that concerned citizens have to mobilize and express their concerns. In order to balance the cost to citizens of promoting a text amendment which encourages efficiency in the zoning process, Fayette Alliance supported the ZOTA with specific recommendations to ensure citizen protection should the ZOTA move forward. The ZOTA was approved by Planning Commission in June 2019.