ORDINANCE NO. ___________, SERIES 2022
Title
AN ORDINANCE CREATING A NEW SECTION TO LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT CODE OF ORDINANCES ("LMCO") CHAPTER 153 REGARDING THE EVIDENCE AND BASIS FOR DECISIONS OF THE LEGISLATIVE COUNCIL OF LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT IN ZONING CASES.
BODY
SPONSORED BY: COUNCIL MEMBER BILL HOLLANDER
WHEREAS; Jefferson County, prior to merger, had adopted guidelines regarding evidence and the basis for decisions by the Fiscal Court in zoning matters in County Ordinance 30.33; and
WHEREAS, the Legislative Council of the Louisville/Jefferson County Metro Government (the "Council") wishes to set forth guidelines regarding evidence and the basis for decisions by Council in zoning matters.
NOW THEREFORE BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT AS FOLLOWS:
SECTION I: Creates a new subsection of LMCO Chapter 153 as follows:
? 153.XX EVIDENCE AND BASIS FOR DECISIONS ON ZONING MATTERS.
(A) Council decisions on zoning matters shall be based on (i) the Planning Commission public record, which includes but is not limited to the staff report of the Planning Commission, the arguments at the Planning Commission public hearing, and any motions and determinations made thereon; and (ii) any additional public hearings held by Council.
(B) Ex parte communications with the property owner, the applicant, anyone who submitted comments to or testified before the Planning Commission, any other entity or individual, or any representatives of those entities and individuals (collectively, "interested parties") regarding zoning matters pending before Council shall be avoided by Council Members where possible. Notwithstanding the foregoing, it is acknowledged that Land Development Code 11.7.5(F) allows Council to place conditions or binding elements which may necessitate communications with the applicant or other interested pa...
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