RESOLUTION NO. __________, SERIES 2015
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A RESOLUTION DIRECTING THE LOUISVILLE METRO PLANNING COMMISSION TO HOLD A HEARING AMENDING THE TEXT OF LOUISVILLE DEVELOPMENT CODE SECTION 4.2.2 REGARDING THE BOARD OF ZONING ADJUSTMENT.
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SPONSORED BY: COUNCILMEMBERS
RICK BLACKWELL, CHERI BRYANT HAMILTON
WHEREAS, various land uses designated as "conditional uses" have operated without first receiving the required approval of the Board of Zoning Adjustment; and
WHEREAS, violators of the Land Development Code are often given approval to operate after the fact which discourages proper compliance and encourages violators who are rewarded with zoning entitlements despite having defied or ignored the law; and
WHEREAS, the Board of Zoning Adjustment needs specific authority to discourage such activity.
BE IT RESOLVED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT (THE COUNCIL) AS FOLLOWS:
SECTION I: Pursuant to KRS 100 the Louisville/Jefferson County Metro Government Council requests the Louisville Metro Planning Commission to hold a public hearing to amend the text of Section 4.2.2. of the Louisville Metro Land Development Code as follows:
K. The Board of Zoning Adjustment may deny any application for a conditional use permit if the applicant has been found to have willfully violated the Land Development Code by operating a land use that requires a conditional use permit without first having received such permit from the Board of Zoning Adjustment.
L. Any operation of a land use requiring a conditional use permit shall cease operation until a conditional use permit is granted by the Board of Zoning Adjustment.
SECTION II: This Resolution shall take effect upon its passage and approval.
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H. Stephen Ott
Metro Council Clerk
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David W. Tandy
President of the Council
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Greg Fischer
Mayor
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