Request By:
Mr. Brad G. Loar
Community Planner
FIVCO Area Development District
P.O. Box 636
Catlettsburg, Kentucky 41129
Opinion
Opinion By: Robert R. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of April 13 in which you raise the following question:
"A community belonging to a joint city-planning commission, held in 1977, all required public hearings during the adoption of a zoning ordinance and official map. Approximately eight months have past since the last public hearing. City council is now ready to review, discuss and hopefully openly adopt the ordinance and map.
"Since eight months have past, should the planning commission council hold another public hearing before considering the ordinance and map? "
We assume you are referring to the adoption of the text and map of the zoning regulation under KRS 100.207. This being the case, we find no statutory time limitation between the planning commission's hearing and the adoption or rejection by the city legislative body.
Under the circumstances, and in absence of any statutory time limitation between the public hearing conducted by the joint city-county planning commission and consideration of the recommendations of said commission by the legislative body, we believe the city council can review and act upon such recommendations even though there exists a lapse in time of some eight (8) months between said hearings and the city's consideration of the commission's recommendations.